ML19256F222

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Responds to Appeal of Initial FOIA Decision Re Request for Info Concerning Ofc of Inspector & Auditor on Apollo Testimony.Forwards Documents Listed in App A.Info Partially Withheld (Ref FOIA Exemptions 1,3,6 & 7)
ML19256F222
Person / Time
Issue date: 12/10/1979
From: Carr J
NRC OFFICE OF ADMINISTRATION (ADM)
To: Cochran T
National Resources Defense Council
References
FOIA-78-38, FOIA-78-61, FOIA-78-A-6 NUDOCS 7912180277
Download: ML19256F222 (4)


Text

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%o, UNITED STATES 3'

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o December 10, 1979 Mr. Thomas B. Cochran Natural Resources Defense Council, Inc.

1725 I Street, N.W.

IN RESPONSE REFER Washington, DC 20036 TO F01A-78-61

Dear Mr. Cochran:

This is in further response to your letter dated February 28, 1978, in which you requested, pursuant to the Freedom of Information Act, access to all records relating to 0IA/0GC Report on Apollo Testimony of the Executive Director for Operations which were not included in the three volumes of material released to the press and Congress.

Copies of the documents listed in Appendix A are enclosed and are being placed in the NRC Public Document Room,1717 H Street, N.W., Washington, DC.

Portions of documents 1 through 5 of Appendix B contain the names of employees of the Central Intelligence Agency (CIA) whose public disclosure could reveal intelligence sources and methods. Accordingly, the CIA has reviewed the above referred documents and informed the NRC that portions of these documents should be withheld from public disclosure pursuant to exemption (3) of the Freedom of Information Act (5 U.S.C. 552(b)(3)).

Portions of documents 5 and 6 of Appendix B contain information the disclosure of which would constitute a clearly unwarranted invasion of personal privacy and are being withheld from public disclosure pursuant to exemption (6) of the Freedom of Information Act (5 U.S.C. 552(b)(6)).

Portions of document 6 of Appendir. B also contain information classified pursuant to Executive Order 12065. This information is being withheld from public dis-closure pursuant to exemption (1) of the Freedom of Information Act (5 U.S.C.

552(b)(1)).

A portion of document 7 of Appendix B contains information the disclosure of which would constitute an unwarranted invasion of personal privacy and is being withheld from public disclosure pursuant to exemption (7)(C) cf the Freedom of Information Act (5 U.S.C. 552(b)(7)(C)).

The releasable portions of Appendix B documents are enclosed and are being placed in the NRC Public Document Room,1717 H Street, N.W., Washington, DC.

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77

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Pursuant to 10 CFR 9.9 of the Commission's regulations, it has been determined that the information withhcid is exempt from production or disclosure, and that its production or disclosure is contrary to the public interest. The person responsible for the denial of portions of documents 1 through 6 of Appendix B is Mr. Robert E. Owen, DO Information Review Officer, Central Intelligence Agency. The person responsible for the denial of portions of document 7 of Appendix B is Mr. David G. Flanders, Chief, Ereedom of Informa-tion-Privacy Acts Branch, Federal Bureau of Investigation.

This denial may be appealed to the Comission's Executive Director for Operations within 30 days from the receipt of this letter. As provided in 10 CFR 9.11, any such appeal must be in writing, addressed to the Executive Director for Operations, U.S. Nuclear Regulatory Commission, Washington, DC 20555, and should clearly state on the envelope and in the letter that it is an " Appeal from an Initial F0IA Decision."

This completes action on your request.

Sincerely, h.

i Jo C. Carr, Acting Director DJ ision of Rules and Records Office of Administration

Enclosures:

As stated 1609 059

b 'd O d d C % Q u d APPENDIX A 1.

February 9,1978 Memorandum from T. J. McTiernan to File 2.

January 27, 1978 Memorandum fror T. J. McTiernan to B. Ryan, et al.

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APPENDIX B 1.

January 18, 1978 Memorandum 'from T. J. McTiernan to File 2.

January 24, 1978 Memorandum from T. J. McTiernan to File 3.

January 19, 1978 Memorandum from T. J. McTiernan to File 4.

January 27, 1978 Memorandum from J. Nelson to Files 5.

January 30, 1978 Memorandum from T. J. McTiernan 6.

January 12, 1978 Memorandum from T. J. McTiernan to File 7.

January 27, 1978 Memorandum from J. M. Felton to T. J. McTiernan 1609 061 e

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