ML19294B575
| ML19294B575 | |
| Person / Time | |
|---|---|
| Issue date: | 02/01/1980 |
| From: | Bickwit L NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | |
| Shared Package | |
| ML19294B552 | List: |
| References | |
| FOIA-79-77, FOIA-79-A-12C, REF-10CFR9.7, TASK-CC, TASK-SE SECY-80-064, SECY-80-64, NUDOCS 8003050095 | |
| Download: ML19294B575 (2) | |
Text
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UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D. C. 20555 CONSENT CALENDAR ITEM For:
The Commissioners From:
Leonard Bickwit, Jr.
General Counsel
Subject:
DISPOSITION OF PASNY FOIA APPEAL Discussion:
This appeal, filed June 15, 1979, by the Power Authority of the State of New York, seeks two memoranda from Commissioner Bradford's office.
(See Attachment 1)
Under procedures you have recently adopted for such appeals, Commissioner Bradford has reviewed these documents in consultation with OGC.
The first document is a memorandum to Commissioner Bradford from Tom Gibbon dated March 14, 1979 Commissioner Bradford proposes to release this memorandum with the deletion of one sentence.
(Attachment 2)
The deletion would be based on Exemption 5 as the expression of opinion by a member of the Commissioner's staff.
We concur in this deletion.
The second document is a memorandum to Com-missioner Bradford from Hugh Thompson dated March 15, 1979 Commissioner Bradford pro-poses to withhold this memorandum entirely under Exemption 5 The general subject of the memorandum is communications between NRC and DOE concerning the shutdown of five operating plants early last year.
While the memorandum does contain some factual information, we agree with Commissioner Bradford that impressions, opinions, and analysis are inextricably linked to the factual material, and that no segregation is practicable.
We therefore concur that this memorandum may be withheld in its entirety under Exemption 5 8003050 C) k CCNTACT:
William M. Shields, OGC 634-3215
L
2 The proposed letter to PASHY (Attachment 3) reaches the above determinations and will enclose the released portion of the March 14 memorandum.
b_ j
- Abb, s
Leonard Bickwit, Jr.
General Counsel Attachments:
1.
Ltr 6/15/79 PASNY to NRC 2.
Memo 3/14/79 Gibbon to Bradford 3.
Draft ltr NRC to PASNY Comissioners' comments or consent should be provided directly to the Office of the Secretary by c.o.b. Tuesday, February 19, 1980.
Commission Staff Office coments, if any, should be submitted to the Commissioners NLT February 11, 1980, with an information copy to the Office of the Secretary.
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 Meeting during the Week of February 18, 1980.
Please refer to the appropriate Weekly Commission Schedule, when published, for a specific date and time.
DISTRIBUTION Commissioners Commission Staff Offices Exec Dir for Operations Secretariat