ML19350D750
| ML19350D750 | |
| Person / Time | |
|---|---|
| Issue date: | 05/11/1981 |
| From: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| To: | Reynolds N DEBEVOISE & LIBERMAN |
| References | |
| FOIA-80-556, FOIA-81-A-3 NUDOCS 8105190164 | |
| Download: ML19350D750 (3) | |
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May 11, 1981
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Mr. Nicholas S. Reynolds Debevoise & Liberman q g '80-556 u.
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Washington, D.C.
20036
Dear Mr. Reynolds:
This letter is in response to your March 12, 1981 Freedom of Information Act appeal of a partial denial of your request for records relating to Commission Memorandum and Order CLI-80-21 and I&E Bulletin 79-01B, dealing generally with environmental qualification of safety related eciaipment.
The Commission has determined that the documents in ouestion are exempt from mandatory public disclosure under Exemption 5, 5 USC 552(b)(5), 10 CFR 9.5(a)(5),
and that the public interest is best served by withholding the documents in their entirety because their disclosure would advercely affect the deliberative process by inhibiting candid and complete deliberations among the Commissioners, between them and their respective staffs and their principal advisors - deliberations which are essential to the decision-making process.
The documents at issue consist almost entirely of advice, opinions, and recommendations regarding CLI-80-21, or comments upon draft versions c.t the same Commission order.
Protecting the confidentiality of the analysis contained in these documents is essential to the Commission's deliberative process.
The documents contain no reasonably segregable factual material and were not relied upon in any final Commission decision.
Nor do the documents contain any inferences which are essentially similar to factual finding.
To the extent that any of the material contained in these documents was incorporated into CLI-80-21, it is already a part of the public record.
Disclosure of the manner in which it was selected and discussed would impinge adversely upon the deliberative process.
The documents subject to thia appeal are being withheld in their entirety.
They are described as follows:
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2 1.
April 14, 1980 memo to commissioner Bradford from legal assistant Thomas Gibbon re. Environmental Qualification Meeting.
This memorandum contains the author's advice, opinions and recommendations regarding a then-upcoming meeting to address Une general subject.
2.
May 14, 1980 meno to Commissioner Bradford from Thomas Gibbon re. Chairman Ahearne's changes to an order responding to a petition submitted by the Union of Concerned Scientists.
This memorandum consists entirely of the author's advice, opinions and recommendations regarding a draft version of CLI-80-21.
3.
May 15, 1980 memo to the Commissioners from Commissioner Bradford re. UCS order on environmental qualification and fire protection.
This memorandum contains a draf t version of CLI-20-81 and the author's opinions and recommendations regarding the order.
4.
May 22, 1980 memo to Chairman Ahearne from Commissioner Bradford re. UCS Petition.
This memorandum consists of Ohe author's opinions and recommendations regarding CLI-80-21.
5.
August 1, 1980 memo to Commissioner Gilinsky from technien1 assistant John Austin re. implementation of CLI-80-21.
This memorandum consists entirely of the audaor's advice, opinions, and recommendations.
6.
September 4, 1980 memo to Commissioner Bradford from Thomas Gibbon re. Commission Order on Environmental Qualification.
This memorandum contains the author's advice, opinions, and recommendations regarding CLI-80-21.
The only factual portion of the document consists of portions of CLI-80-23 which wara selected and summarized in such a ranner as to disclose the deliberative process.
This factual information is already a matter of public record through CLI-80-21.
7.
September 22, 1980 route slip from the Office of Commissioner Bradford attached to two documents aircady provided in response to this FOIA request (Documents 1 and 2 of Appendix A to the February 23, 1981 letter to Mr. Reynolds).
The route slip contains handwritten notes of Thomas Gibbon which are advisory in nature.
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8.
October 1, 1980 memo to Commissioner Bradford from Thomas Gibbon re. Commission Order on Environmental Qualification.
This memorandum consists entirely of advice, opinions, and recommendations regarding CLI-80-2.
9.
Undated, untitled, handwritten notes from technical assistant George Sauter to Chairman Ahearne concerning a proposed Order to confirm the requirements of CLI-80-2.
These notes reflect the author's analysis and recommendations.
Any factual material is inextricably intertwined with die analysis and is therefore exempt from disclosure.
10.
Undated, untitled, hand-written noto concerning environmental qualification, written by Thomas Gibbon.
This document contains the author's brief analysis of issues relevant to environmental qualifications. ' There are no factual portions.
11.
October 8, 1980 memo to Commissioner Hendrie from technical assistant H. M. Lantecilla re. Environmental Qualification Order.
This memorandum contains the author's advice, opinions, and recommendations regarding the implementation of CLI 21.
The sole factual information recounts a selected portion of the Order, Which is already a matter of public record.
This letter is the final action of the Commission for which judicial review is available in a district court of the United States in the district in Which you reside or have your principal place of business, in Which the records are located, or in Ohe District of Columbia.
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W Samu\\'l.-J. Chilk
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