ML19276E045
| ML19276E045 | |
| Person / Time | |
|---|---|
| Issue date: | 01/08/1979 |
| From: | Kelley J NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | |
| Shared Package | |
| ML19276E044 | List: |
| References | |
| REF-10CFR9.7 SECY-79-017, SECY-79-17, NUDOCS 7903020188 | |
| Download: ML19276E045 (3) | |
Text
Enc \\.
UMTED STATES January 8, 1979 _
NUCLEAR REGULATORY COMMISSION bECY-79-l7 CONSENT CALENDAR ITEM For:
The Commissioners From:
James L. Kelley, Acting General Counsel Sub.i ec t :
FOIA APPEAL OF A. KRAMISE (73-A-18)
Purcose:
To take final administrative action on the FOIA appeal by dispatching the attached letter.
Discussion:
This memorandum supplements our earlier paper concerning this appeal, SECY 454.
That paper describes in detail the documents subject to this appeal.
The first document, SECY-78-202, is a memorandum from the Directors of NMSS and I&E entitled " Comprehensive Evalua-tion of Safeguards at the Nuclear Fuel Services (NFS) Facility, Erwin, Tennessee,"
with two enclosures.
Portions of this paper and its enclosures were originally determined to be subject to Exemptions 1,
4, and 5 of FOIA, and we recommended that those portions be withheld.
It was subsequently determined by the staff that the " sanitizing" of this paper had been improperly done, and another security review was performed.
That review is now complete, and a prcperly sanitised version of the racer is avail-able for release.
(Attacha'ent 2)*
The second document is a memorandum for the Commissioners from Ken Pedersen, Director of OPE, on the same subject.
OPE originally asserted that this entire memorandum should be withheld under Exemption 5, although portions cf it were classified and therefore subject tc Exemption 1.
OPE has new drcpped the Exemption 5 claim,. hence the memo can be "SECY NOTE: Unmarked blank portions,
a.
M. Shields, GC
~
indicate chat classarled inTormcmion
^,-
's__,-
/p 7 has been deleted.
Blank portiens accompanied by a "P" in the margin 790302O N indicate that proprietary information has been deleted.
M 2
released with the classified paragraphs deleted.
(Attachment 3)
The third document is the transcript of the Commission's April 27, 1978 meeting at which ??FS Erwin safeguards were dis-cussed.
The Sunshine Act revie,7 of this transcript has been ccapleted, and a version with suitable deletionc is available for release.
(Attachment 4)
The attached response to Mr. Kranish re-flects the determinations explained above and in our earlier paper.
This letter will complete action on the appeal.
Recommendation:
Authorize the Secretary to dispatch the attached letter.
C m J mds L. Kelley Ak/ingGeneralCounsel Attachments:
1.
Ltr, Chilk to Kranish 2.
SECY-78-202 w/ cover memo (unclassified version) 3.
OPE Memorandum (unclassified version) 4.
Transcript of April 27 meeting (unclassified version)
4 Commissioners' comments or consent should be provided directly to the Office of the Secretary by c.o.b. Thursday, January 18, 1979.
Commission Staff Office comments, if any, should be submitted to the Commissioners fiLT January 12, 1979, with an information copy to the Office of the Seretary.
If the paper is of such a nature that it requires additional time for analytical review and comment, the Commissioners and the Secretariat should be apprised of when comments may be expected.
This paper is tentatively scheduled for affirmation at an Open tteeting during the Week of January 22, 1979.
Please refer to the appropriate Weekly Commission Schedule, when published, for a specific date and time.
DISTRIBTUION Commissioners Commission Staff Offices Exec Dir for Operations Secretariat