ML20028A257
| ML20028A257 | |
| Person / Time | |
|---|---|
| Issue date: | 11/02/1982 |
| From: | Felton J NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Newman K DEBEVOISE & LIBERMAN |
| References | |
| FOIA-82-484 NUDOCS 8211170517 | |
| Download: ML20028A257 (2) | |
Text
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NUCLEAR REGULATORY COMMISSION
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S November 2, 1982 Kimberly Armstrong Newman, Esquire Debevoise & Liberman 1200 Seventeenth Street, N.W.
IN RESPONSE REFER Washington, DC 20036 TO F01A-82-484
Dear Ms. Newman:
This is in response to your letter dated October 12, 1982, in which you requested, pursuant to the Freedom of Information Act, copies of SECY-82-377 and SECY-82-377A.
The requested SECY-82-377, " Hearing Requests Concerning Extension of Construction Completion Dates for Washington Public Power Supply System Nuclear Project Nos.1 h 2", dated September 14, 1982, is a two-page document from the General Counsel to the Comission concerning disposition of an intervenor hearing request regarding the extension of the construction completion date for Washington Public Power Supply System Nuclear Projects Nos. 1 and 2.
This document has two attachments. The first attachment,
" Expeditious Conduct of Requested License Amendment Hearings", dated January 6,1982, is a three-page memorandum from the General Counsel to the Commission.
The second attachment is an eighteen-page proposed draft Commission order concerning the hearing requests which are the subject of SECY-82-377.
The requested SECY-82-377A, " Revision to Order in SECY-82-377", dated September 30, 1982, is a two-page document from the Deputy General Counsel to the Commission concerning proposed revisions of the draft order attached to SECY-82-377. Attached to SECY-82-377A are four pages of the draft order indicating the proposed revisions discussed in the SECY paper.
i The requested SECY papers, the second attachment to SECY-82-377 and the attachment to SECY-82-377A contain the advice, opinions and recommendations of the NRC Office of General Counsel in an on-going deliberation, i.e.,
the treatment to be given the hearing requests.
The first attachment to SECY-82-377 contains the General Counsel's legal analysis of options for conducting license amendment hearings and was prepared as part of the Commission's deliberations in response to Sholly v. NRC, 651 F.2d 780 (D.C. Cir.1980), and, subsequent actions in that case.
It was also prepared in reasonable anticipation of litigation concerning responses to requests for construction permit extensions.
None of these documents contain any reasonably segregable factual portions not already in the public record of this proceeding.
Therefore, the requested SECY papers and attachments are being withheld from public disclosure as predecisional documents pursuant to Exemption (5) of the Freedom of Information Act (5 U.S.C. 552(b)(5)) and 10 CFR 9.5(a)(5).
The first attachment to SECY-82-377 is also being withheld as attorney work-product under Exemption (5) and 10 CFR 9.5(a)(5).
Kimberly Armstrong Newmar,.
Pursuant to 10 C7R 9.15 of the Commission's regulations, it has been determined that the information withheld is exempt from production or disclosure.
Its production or disclosure is contrary to.the public interest because it would impede free and frank discussions within the.
agency and would impede the future flow of legal advice from the General Counsel to the Conmission. The person responsible for this denial is Leonard Bickwit, General Counsel.
This denial may be appealed to the Commission within 30 days from the receipt of this letter.
Any such appeal must be in writing, addressed to the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555, and should clearly state on the envelope and in the letter that it is an " Appeal from an Initial F0IA Decision".
Sin erely,
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9
[ M. M. Felton, Director Division of Rules and Records Office of Administration
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