ML19323B860
| ML19323B860 | |
| Person / Time | |
|---|---|
| Site: | Bailly |
| Issue date: | 04/21/1980 |
| From: | Dircks W NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | Osann E OSANN, E. W. |
| References | |
| FOIA-79-527, FOIA-80-A-8 NUDOCS 8005140357 | |
| Download: ML19323B860 (2) | |
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8005140 April 21, 1980 Edward W. Osann, Jr., Esquire One IBM Plaza Suite 4600 IN RESPONSE REFER Chicago, IL 60611 TO 80-A-8 (79-527)
Dear Mr. Osann:
This is in response to your letter dated March 8,1980, appealing fir.
J. M. Felton's February 5,1980, initial denial-in-part of your Freedom of Information Act (F0IA) request of December 4,1979.
That request sought records which support, refer or relate to the Commission's purported finding which is characterized in the Notice of Opportunity for Hearing on Construction Permit Extension dated November 26, 1979, in Docket No.
50-367 Acting on your appeal I have carefully ' reviewed the record in this case relevant to the withheld document and have determined for the reasons stated below that the document is exempt from compelled disclosure pursuant ti, exemption (5) of the Freedom of Information Act (5 U.S.C.
552(b)(5)) and 10 CFR 9.5(a)(5) of the Commission's regulations.
Your appeal is therefore denied.
The document at issue here is a draft Hotice of Opportunity for Hearing on Construction Permit Extension dated October 18, 1979.
As stated in Mr. Felton's letter dated February 5,1980, "the document contains draft language embodying preliminary advice, opinions and recommendations, which was subsequently eliminated and changed at the appropriate managerial levels in the process of preparing the notice for publication in the FEDERAL REGISTER." As such the document does not reflect final agency policy.
It is our policy to withhold draft documents because a comparison of various drafts with the final product, including a comparison of the facts contained in such documents, would result in the compromise of the deliberative process of the Commission.
Exemption (5) was intended to permit the agency's withholding of such documents to preserve the free and candid internal dialogue essential to the careful formulation of agency decisions.
In light of the foregoing, I have determined that the release of this document would adversely affect the agency's deliberative process.
Edward W. Osann, Jr., Esquire -
o This determination 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 tl tis decision is available in a district court of the United Stater in either the district in which you reside, have your principal place of zusiness or in the District of Columbia.
Sincerely, l
W1111'am J. Dircks Acting Executive Director for Operations j
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