ML19352B232
| ML19352B232 | |
| Person / Time | |
|---|---|
| Site: | Dresden  |
| Issue date: | 05/13/1981 |
| From: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| To: | Goldsmith R CITIZENS FOR A BETTER ENVIRONMENT |
| References | |
| FOIA-81-18, FOIA-81-A-4C NUDOCS 8106030493 | |
| Download: ML19352B232 (4) | |
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fx, 8(s o,t NUCLEAR REGULATORY COMMISSION UNITED STATES 3
- E WASHIN GTON. D.C. 20555 f
May 13, 1981 CFFICE OF THE SECRETARY Robert Goldsmith, Esq.
Citizens for A Better Environment Suite 1600 IN RESPONSE REFER 59 East Van Buren Street TO F0IA-81-A-4C Chicago, IL 60605 (F01A-81-18)
Dear Mr. Goldsmith:
This letter completes the response to your Freedom of Information Act (F0IA) appeal of April 6,1981. You appealed the withholding of the twelve documents identified in Appendix B to Mr. Felton's letter to you on March 31, 1981.
These documents pertain to the proposed chemical decontamination of Dresden 1 and were initially withheld under Exemption 5 of the F0IA. The Commission h~as determined that your appeal should be denied for the reasons discussed below.
Documents 1-3, 5-8, and 9-12 are intra-office Commissioner documents.
Documents 4 and 8 were prepared by the Office of the General Counsel for the Commissioners.
These documents contain preliminary views, analyses, opinions, conclusions, and recommendations regarding certain aspects of the proposed chemical decontamination of Dresden 1.
Thus, they are clearly pre-decisional and are part of the agency's deli-berative process. Exemption 5 is intended to permit the agency's withholding of such documents to preserve the free and candid dialogue between the Commissioners and their respective staffs and their principal advisors which is essential to the care-ful formulation of agency decisions. Moreover, release of these documents may result in unwarranted and totally erroneous inferences and speculations regarding the Commission's final decisions. Therefore, the Commission has determined that these documents are exempt from mandatory public disclosure under Fxemption 5 and should be withheld because their release would adversely affect the agency's deliberative process to the detriment of the public's interest in reasoned agency decisionmaking.
The determinations in regard to these documents is a final agency action as set forth in the Freedom of Information Act [5 U.S.C. 552(a)(4)(B)], and judicial review is available 'n a district court of the United States in either the district in which you resiot in the District of Columbia.
S'i cerelyf 2
/SamuelJ. Chilk Secretary of the Commission
Enclosure:
Index of Documents G0603g%%
INDEX OF DOCUMENTS Document 1 is a memorandum from Mr. Hassell, the Chairman's legal assistant, to the Chairman regarding SECY-A-80-188, the OGC analysis of a petition filed by CBE and others for a hearing on the proposed chemical decontamination of Dresden. The memo-randum contains selected facts regarding the decontamination, a sumnary of OGC's analysis, and recommendations by Mr. Hassell. No part of the memortndum can be segregated reasonably for release because the only potentially releasable portion is the summary of selected facts which by their selection reveals an elemeat of the deliberative process.
Documents 2 and 6 are memoranda from Mr. Manning, legal assistant to Commissioner Gilinsky, to Commissioner Gilinsky regarding SECY-A-80-188 and SECY-A-80-101 respec-tively.
Document 2 is an analysis of the iegal issues presented by a petition for a hearing _ in the matter of the proposed decontamination of the Dresden Nuclear Power Station. The analytical and advisory portions of this document cannot reasonably be segregated.
Document 6 deals with legal and policy issues raised by the Director's grant in part and denial in part of 2.206 relief in the matter of Commonwealth Edison Company.
The analytical and advisory portions of this document cannot reason-ably be segregated.
Documents 3 and 8 are memoranda from Mr. Clements, specit t assistant to Commissioner Bradford, to Commissioner Bradford regarding SECY-A-80-18e and SECY-A-80-101 respec-tively.
These documents contain summaries and analyses c.- the subject SECY papers and Mr. Clement's advice and recommendations to Commissiner Bradford. The disclosure of the advice and opinions contained in these documents could interfere with the deliberative and consultative process within Commissioner Bradford's office.
Por-tions of these documents not containing Mr. Clement's advice and recommendations could be segregated, however those portions summarize the respective SECY papers prepared by the General Counsel's Office and, thus, release of such material would reveal certain aspects of the deliberative process.
Document 4 is SECY-A-80-188 which is the OGC discussion of the pending petition for a
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hearing in the matter of the proposed decontamination of the Dresden Nuclear Power l
Station; and Document 9 is SECY-A-80-101 which is the OGC discussion of the Director's l
grant in part and denial in part of 2.206 relief regarding the chemical decontamina-I tion of Dresden 1.
These documents are clearly pre-decisional, and contain analyses, opinions, conclusions, and recommendations the release of which would adversely affect the ability of the Commission and its legal staff to freely discuss and deli-berate the merits of a proceeding prior to its decision. Moreover, release of the factual portions of these documents would reveal elements of the deliber ve pro-cess.
Factual matters in litigation-related documents may also be withheld. We consider Document 4 to be litigation-related.
Document 5 is a memorandum from Mr. Hassell to the Chairman on SECY-A-80-101, the OGC analysis of the Director's grant in part and denial in part of 2.206 relief regarding the chemical decontamination of Dresden 1.
This memorandum contains selected facts, a summary of OGC's analysis, and Mr. Hassell's recommendations.
No part of this eemorandum can be segregated reasonably for release because the only potentially releasable portion is the summary of selected facts which by their selection reveals an element of the deliberative process.
2 Document 7 is a memorandum from Ms. Harding, Commissioner Ahearne's legal assistant, to Commissioner Ahearne regarding SECY-A-80-101.
It contains analysis of issues raised by Secy-A-80-101 and recommendations concerning action on that paper. Any factual material is inextricably intertwined with the analysis and recommendations.
Disclosure of thi meno would interfere with the ongoing deliberative / consultative process betveen Ms. Harding and Commissioner Ahearne by preventing the free flow of advice and,-ecommendations.
Docume.c 10 is the intra-office route slip for SECY-A-80-188 in the Chairman's office.
It contains information on the assignment of that paper for review by the Chairman's staff, and a personal comment by the Chairman regarding his decisionmaking process. This document is part of the decisionmaking process, and its release could inhibit the free flow of intra-office correspondence.
Document 11 is the Chairman's vote sheet on SECY-A-80-101.
It contains a comment regarding the OGC recommendation on this paper.
Thus. release of this document would reveal an aspect of the Chairman's decisionmaking process and the basis for his personal decision.
Document 12 is the Chairman's vote sheet on SECY-A-80-188.
It contains a comment regarding another Commissioner's comment on this matter. Thus, release of this der _ dent would reveal an aspect of the Chairman's decisionmaking process and breach the collegial nature of the Commission's decision.
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