ML19256G302
| ML19256G302 | |
| Person / Time | |
|---|---|
| Site: | Zimmer |
| Issue date: | 12/21/1979 |
| From: | Carr J NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Woliver J LEGAL AID SOCIETY OF CLERMONT COUNTY, OH |
| References | |
| FOIA-79-483 NUDOCS 7912280685 | |
| Download: ML19256G302 (2) | |
Text
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UNITED STATES b
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NUCLEAR REGULATORY COMMISSION 5
E WASHINGTON, D. C. 20555 x
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December 21, 1979 John Woliver, Esquire Legal Aid Society of Clermont County 550 Kilgore Street P.O. Box 47
'N RESPONSE REFER Batavia, OH 45103 TO F01A-79-483
Dear Mr. Woliver:
This is in response to your letter dated November 5,1979 in which you requested, pursuant to the Freedom of Information Act, a copy of the 1969 Sargent & Lundy Engineers (S&L) report entitled, "An Economic Evaluation of Alternatives," associated transmittal letter, and companion sumary report.
The requested documents contain information which the licensee, Cincinnati Gas & Electric Company, indicates may be confidential and proprietary.
In addition, the documents were submitted and received by the NRC with the understanding that they were being supplied to accommodate an NRC investigation; they would be reviewed to determine whether proprietary; and, if determined to be non-proprietary would be returned without making copies.
Under these conditions the documents are protected from mandatory public disclosure under the alternate test set out in National Parks and Conservation Association v. Morton, 498 F.2d 760 (D.C. Cir.
1974).
Under that test, a record can be withheld because disclosure would impair the Government's ability to obtain necessary in ~ormation in the future.
It is my view that breach of the understanding ietween the NRC and the licensee in this situation could in the future inoib't the free flow of information ta the NRC and could interfere with tne investigatory process. Therefore, this information is being withheld from public disclosure pursuant to Exemption (4) of the Freedom of Information Act (5 U.S.C. 552(b)(4)) and 10 CFR 9.5(a)(4). We have asked the originators of this information to review their proprietary claim, and will let you know as soon as possible whether the documents, or any portions thereof, may be disclosed to the public.
Pursuant to 10 CFR 9.9 of the Commission's regulations, it has been determined that the information withheld is exempt from production or disc 1csure, and that its production or disclosure is contrary to the public interest. The persons responsible for this denial are the undersigned and Mr. Victor Stello, Jr., Director, Office of Inspection and Enforcement.
1650 054 7912280 (o65
This denial may be appealed to the Commission'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."
hincerely, 4/s... v).a
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John C. Carr, Acting Director Division of Rules and Records
_,/' Office of Administration 1650 055
.