ML19294B603
| ML19294B603 | |
| Person / Time | |
|---|---|
| Issue date: | 01/11/1980 |
| From: | Brady R NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| Shared Package | |
| ML19294B552 | List: |
| References | |
| FOIA-78-A-21, REF-10CFR9.7 NUDOCS 8003050135 | |
| Download: ML19294B603 (5) | |
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MEMORANDUM FOR:- Samuel J. Chilk i j
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FROM::1:
Raymond J!.Brady', Director.
. Division of Security'.ADM i
SUBJECT:
- I DECI.'ASSIFICATION' REVIEW' 0F INOUIRY. INTO THE
. TESTIMONY.0F THE EXECUTIVE DIRECTOR'FOR
.0PERATIONS,. VOLUME III,: FEBRUARY 1978
' As requested'in relation to the FOIA appeal from John.Fiallia (78-A-21),1 the. CIA,has again. reviewed.for declassification the subject document.
l We Were advised. in a letter:of January 2,1980 from the CIA, that the CIA ihformation;in the' document, previously ' withheld as classified information, remains classified.and.must be denied.from public. disclosure under exemptions'(b)(l') and (b)( 3 ).of the Freedom of Information Act..
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a Mr. John J. Fialka The Washington Star 225 Virginia Avenue, S.E.
FOIA REQUEST #78-143 Washington, D.C.
20061 FOIA APPEAL #78-A-21
Dear Mr. Fialka:
This letter responds to your appeal dated August 9, 1978, of a denial of your FOIA request dated May 12, 1978.
In FCIA 78-143 you requested the deleted portions of Volume III of the OIA report entitled " Inquiry into Ehe Testimony of the Executive Director for Operations," released in February 1978.
Initial classification review of this document was performed by the Central Intelligence Agency, which determined that certain portions contained National Security Information and should not be made public.
Based upon this determination, Volume III was released subject to deletions for classified information.
Your initial request for these deletions was denied pursuant to Exemption (1) of the Freedom of Information Act, 5 U.S.C.
552(b)(1) and the Commission's regulations, 10 CFR 9.5(a)(1).
Following receipt of your' appeal, and in response to a request by Commissioner Bradford, the CIA was asked by the NRC to undertake a review of Volume III under Executive Order 12065 for the purpose of determining whedher the deletions remain properly classified.
The CIA recently responded that it had performed such a review and that, in its view, the deletions initially made in Volume III remain properly classified under Executive Order 12065 and should be withheld from public disclosure en daat basis.
It is therefore necessary to deny your appeal for this information.
2 This is a final agency action.
As set forth in the Freedom of Information Act [5 U.S.C.
552(a)(4)(B)]. judicial review of this decision is available in a district court of the United States in the district in which you reside, have your principal place of business, or in the District of Columbia.
Sincerely, Samuel J. Chilk Secretary of the Comnission
.