ML19262C630
| ML19262C630 | |
| Person / Time | |
|---|---|
| Issue date: | 02/12/1980 |
| From: | Felton J NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Martin D MCGRAW-HILL PUBLICATIONS CO. |
| References | |
| FOIA-79-452 NUDOCS 8002150118 | |
| Download: ML19262C630 (1) | |
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yj NUCLEAR REGULATORY COMMISSION WASHINGTON, D. C. 20555 j
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February 12, 1980 Mr. Donald C. Martin McGraw Hill Publications Co.
National Press Building IN RESPONSE REFER Washington, DC 20045 TO F01A-79-452
Dear Mr Martin:
This is in further response to your letter dated October 22, 1979 in which you requesteu, pursuant to the Freedom of Information Act, copier, of all tapes, transcripts and minutes of closed Commission meetings since March 28, 1979 which deal with the fone.tions of the Executive Director of Operations (ED0).
The documents listed in Appendix A have been identified as being subject to your request and are enclcred.
The tapes or transcripts of the closed meetings have been reviewed and are being withheld from public disclosure in their entirety because disclosure of this information would constitute a clearly unwarranted invasion of personal The information is being denied pursuant to section 552b(c)(6) privacy.of the Government in the Sunshine Act (5 U.S.C.
552b) and 10 CFR 9.104(a)(6) of the Commission's regulations, and Exemption (6) of the Freedom of Information Act (5 U.S.C. 552(b)(6)) and 10 CFR 9.5(a)(6).
Pursuant to 10 CFR 9.15 of the Commission's regulations, it has been determined that the information withheld is exempt from production or disclosure and that its production or disclosure is contrary to the public in'.erest. The person responsible for this denial is Mr. Samuel J. Chilk, Secretary of the Commission.
This den k: n.ay be appealed to the Commission within 30 days from the receipt of this letter.
Any such appeal must be in writing, addressed to the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC and should clearly state on the envelope and in the letter that it is an " Appeal From an Initial FOIA Decision."
Since el,
J.
. Felton, Director Division of Rules and Records Office of Administration
Enclosures:
As stated 8002150
Re:
F01A-79-452 Appendix A 1.
November 9,1979, Memorandum to Lee V. Gossick from Chairman Hendrie
Subject:
Staff Communications with the Commission 2.
November 8,1979, Memorandum to Lee V. Gossick from Samuel J. Chilk
Subject:
SECY 79-82 3.
March 8, 1979, Memorandum to Chairman Hendrie, Commissioners' Gilinsky, Kennedy and Bradford from Commissioner Ahearne
Subject:
Commission Meeting, SECY 79-82 4
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%fj McGraw-Hill Publications Company 8
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c Telephone 202/624-7500 October 22, 1979 Nuclear Regulatory Commission Washington, DC 20555 FREEDOM OF INFORMATION ACT REQUEST FCTA ~79-4&L
Dear Sirs,
Per 5 USC 552, I respectfully request copies of any and all tapes, transcripts and minutes of closed meetings by the commissioners since March 28, 1979 which dealt with the functioning and structure of the office of the Lxecutive Director for Operations, and with the relations of that office to the NRC commissioners and staff; and with copies of all memoranda on that topic.
Please advise me of any charges which product
,n of this information might entail, and whether such charges will be waived as law allows when release is in the public interest.
That release of the information requested is in the public interest is palpable.
Concern over the smooth functioning of the pivotal office of the EDO was already manifest when the accident at Three Mile Island occurred.
Since, a number of in-vestigators have found the agency lacking a strong centralized management and that lack accounting in significant part not only for an inefficient response to the accident but also for failure to respond effectively to the accident's pre-cursors.
How the commission copes or does not cope with this situation is clearly of immediate importance to those whose health and safety the agency is charged to protect.
This request may run afoul of a desire to protect individuals' privacy. According to the Justice Department, however, that is not ground for denial if individuals "can be adequately protected by deleting matter that might identify" them.
- Further, according to that agency, such deletions are not proper if " injury to the individual is counterbalanced by a public interest favoring release." That appears to be the case.
Sincerely, JL v.
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