ML20003E221
| ML20003E221 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 03/24/1981 |
| From: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| To: | Hanback C HILL, CHRISTOPHER & PHILLIPS |
| Shared Package | |
| ML19345G198 | List: |
| References | |
| FOIA-81-84, REF-10CFR9.7 NUDOCS 8104020552 | |
| Download: ML20003E221 (3) | |
Text
N bt dc m ac
(('i i
NUCLEAR REGULATORY COMMISSION UNITED STATES h
b 3
a.
. l W AS H IN G T O N, 0.C. 20555
/
t' arch 24,1931
....+
OFFICE OF THE ft)
SECRETARY 4
y 2-MQ
() W rd!gN Christopher B. Hanback, Esq.
\\M,D-[J Hill, Christopher and Phillips, P.C.
/
1900 M Street, N.W.
N Washington, D.C. 20036 In Response Refer to
Dear Mr. Hanback:
F0IA-81-84 This is in response to your letter dated March 4,1981, in which you requested, pursuant to the Freedom of Information Act, all documents relating to the Commission's February 20, 1981 Or' - in the Diablo Canyon physical security proceeding.
I am please< to provide you with the enclosed February 20, 1981 Memorandum that I wrote to Leonard Bickwit, Jr., the Commission's General Counsel.
That document is already in the Commission's public document room.
The remaining documents pertaining to this matter which are listed in the enclosed Appendix consist of pre-decisional advice, opinions and recommen-dations, and draft orders.
This information is being withheld from public disclosure pursuant to Exemption (5) of the Freedom of Infomation Act and 10 CFR 9.5(a)(5).
Pursuant to the Commistion's regulations, it has been determined that the information withheld is exempt from production or disclosure and that its production or disclosure is contrary to the public interest.
The person responsible for the denial of documents 1 and 2 is Leonard Bickwit, Jr.
General Counsel.
Richard Salzman, Chairman of the Atomic Safety and t 1 sing Appeal Board that is hearing the Diablo Canyon case, has denied dt nt 3.
I have denied the remainder of the documents.
The denying officia.
ignize the basis for your interest in the document.
However, we believe tn
'ur need for the documents is outweighed by the need for candid and com, ate deliberations among the Commissioners, between them and their respective staffs and their principal advisors -- delibera-tions which would be impeded if subject to full disclosure.
I wish to advise you that there is no correspondence between the NRC staff and Pacific Gas and Electric Company regarding the Appeal Board's December 30 Memorandum and Order and no documents relating to whether the NRC staff would appeal that Order.
With respect to the documents being denied, distribution within the NRC was quite limited.
One copy of each was provided to each Commissioner', the General Counsel, and to me.
No other office received copies of these documents either prior to or following issuance of the Commission's decision.
r104020 h r.
..M 4
I t
s Christopher B. Hanback, Esq.
2 To the extent your request has been denied, you may appeal to the Commission within 30 days from the receipt of this letter.
Any such appeal must be in writing, addressed to me, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555, and should state on the envelope and in the letter that it is an " Appeal From an Initial F0IA Decision."
Sir cerely, e
f 3
(t amuel J. Ch W Secretary of Jthe Commissi.
Enclosure:
As stated l
t e
6
.-.4
.f o
Re:
F01 A-81 -84 Appendix 1.
SECY-81-76, " Review of an Appeal Board Decision Involving Attorney Conduct in Physical Security Proceedings," from Leonard Bickwit, Jr. to the Commission, dated 1/28/81 2.
Pemo fm Bickwit to Comm. re SECY-81-76, dated 2/12/81 3.
Memo fm Richard Salzman to James Fitzgerald re protected information, dated 2/13/81 4.
An undated handwritten memo to Commissioner Bradford from Bill Clements 5.
Commissioner Bradford's response sheet re:
SECY-81-76, dated 1/30/81 6.
Handwritten note to Commissioner Bradford from Bill Clements re SECY-81-76, dated 2/12/81 7.
Pemo to 'he Commissioners from Bill Clements re SECY-81-76, circulating Comm.
Bradford s dissenting views, dated 2/19/81 8.
Handwritten note to Commissioner Bradford from Bill Clements re SECY-81-76, dated 2/20/81 9.
An undated document containing Comm. Eradford's handwritten modifications to his separate views in SECY-81-76 10.
Commissioner Hendrie's note and Donald Hassell's note on L. Bickwit memo of 2/1 2/ 81 11.
lieno from Donald Hassell to Commissioner Hendrie re SECY-81-76, dated 2/2/81 12.
Commissioner Hendrie's Response Sheet for SECY-81-76, dated 2/2/81 13.
Commissioner Ahearne's vote on SECY-81-76, dated 2/4/81 14.
Commissioner Ahearne's vote on SECY-81-76, dated 2/12/81 15.
Commissioner Ahearne's vote on SECY-SI-76, dated 2/19/81 16.
Pemo fm Vicki Harding to John Ahearne re SECY-81-76, dated 1/30/81 17.
Commissioner Gilinsky's response sheet on SECY-81-76, dated 2/a/81