ML20004F938
| ML20004F938 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 05/13/1981 |
| From: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| To: | Belair R HILL, CHRISTOPHER & PHILLIPS |
| References | |
| FOIA-81-84, FOIA-81-A-6C NUDOCS 8106260264 | |
| Download: ML20004F938 (4) | |
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May 13, 1981 OFFICE OF THE SECRETARY Robert R. Belair, Esq.
Christopher B. Hanback, Esq.
Hill, Christopher and Phillips, P.C.
IN RESPONSE REFER-1900 M Street, N.W.
TO F01/.-81-A-6C Washington, D.C. 20036 (FOIA-81-84)
Dear Messrs. Belair and Hanback:
Subject:
Appeal from Initial FOIA Decision:
F0IA-81-84 The Commission has reviewed your Freedom of Infomation Act appeal filed on April 23, 1981 and has denied it.
Each of the documents sought consists of predecistora1 advice, opinion, recommendations and draft orders. This material is exempt from public disclosure pursuant to Exemption (5) of the FOIA and 10 CFR 9.5(a)(5).
There is no segregable infomation which falls outside this exemption. The Comission has determined that disclosure of the material is contrary to the.public interest because it would inhibit candid communications between the General Counsel and the Comission, and between the Commissioners and their personal staffs on sensitive mattars, such as how to handle allega-tions of attorney misconduct raised in NRC proceedings. The Comission's Order of February 20, 1981 adequately explains the Commission's decision.
In response to your appeal the Commission is providing you a more detailed description of the documen's that are being denied. The primary document is SECY-81-76, a memorandum from Leonard Bickwit, Jr., the Commission's General Counsel, to the Commission dated January 28. 1981.
In that memorandum the General Counsel selectively summarizes the pertinent information contained in the December 30, 1980 decision of the Atomic Safety and Licensing Appeal Board, and the hearing transcripts of November 13-15, 1980. The document sets forth and analyzes various options available to the Comission, and recommends a course of action.
A draft order was attached to the memcrandum for Commissicn consideration. The February 12, 1981 memorandum from Mr. Bickwit to the Com-mission is a revised draft order which incorporates Comissioner comments on the earlier draft.
The memorandum from Administre.tive Judge Salzman to James Fitz-gerald, Assistant General Counsel, provides the Appeal Board's identification of the portions of its December 30 Order which allegedly contain p'rotected physical security infomation. That information had been requested by the Office of the General Counsel.
Solicitation of that information from the Appeal Board does not violate the Commission's rules regarding separation of functions or ex_ parte communications. All of the remaining documents are memoranda from the legal assistants on the personal staffs of the various Commissioners to their respec-tive Commissioner commenting on the memoranda and draft orders prepared by the Office of the General Counsel, or Comissioner vote sheets providing views on the draft Orders.
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i Messrs. Belair, and llanback 2
The Comission would also like to clarify one other matter.
In the initial denial. of March 24, 1981 you were advised that each of.the documents being denied had been provided to each Commissioner, the General Counsel and to the Secretary. That statement was erroneous. Documents 4, 6, 8, and 9 were not distributed outside of Commissioner Bradford's office.- Documents'10 and 11 were.
- not distributed outside of Chairman llendrie's office, and document 16 was not distributed outside of Co~,issioner Ahcarne's office.
This letter represents the final action of the Commission.in this matter.
Judicial review of this decision is available in a district court of the United States in the district in which you reside or have your principal place of business, or in the District of Columbia.
S ncerelyt l
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. 5 Secretary of the Commission
Attachment:
List of documents L
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FOI A-81 -84 3r Appendix 1.
SECY-Bl-76.." Review of an Appeal Board Decision Involving Attorney Conduct in Physical Security Proceedings,".from Leonard Sickwit, Jr. to the Commission, dated ' l/28/81 I
2.
! Memo fm Bic' kwit to Comm. re SECY-81-7S, dated 2/12/81 3.
Memo hn Richard Salzman. to James Fitzgerald re protected information, dated
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2/13/ 81
'4. -
An undated. handwritten memo to Canaissioner Bradford f om Bill Clements 6.
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 the Commissioners fran Bill Clements re SICY-81-76, circulating Comn.
' '~ J' Bradford's dissenting views, dated 2/19/81 3.'
Hanewrfiten note to Commissioner Bradford frar.-Bill Clements re SECY-81-76, dated 2/10/81
- 9.
An undated document containing Comm. Eradford's handwritten modifications to his separate views in SECY-Sl-76 10.
Commissioner Hendrie's note and Donald Hassell's note on L. Eickwit memo of 2/12/31 11.
Fe o from Donald Hassell to Co==issioner Hendrie re SECY-81-76, dated 2/2/81 12._ Com=issioner,Hendrie's Response Sheet for SECY-81-76, dated 2/2/81 13.
Co==issioner Ahearne's vote on SECY-81-76, dated 2/4/81 l
- 14 '.
Cc==issioner Ahearne's vote on SECY-81-76, dated 2/12/S1 L
15.
Cc= is:ioner Ahearne's vote on SECY-SI-76, dated 2/19/81
- 16.. Faso fc Vicki Harding to John Ahearne r e SECY-81-76, dated 1/30/91 17.
Cc==f ssioner Gilinsky's response sheet on SECY-81-76, dated 2/4/81 c-i e
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