ML20028C624
| ML20028C624 | |
| Person / Time | |
|---|---|
| Issue date: | 12/28/1982 |
| From: | Dircks W NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | Cottingham, Cottingham A DEBEVOISE & LIBERMAN |
| Shared Package | |
| ML20027A794 | List: |
| References | |
| FOIA-82-457, FOIA-82-A-25 NUDOCS 8301110248 | |
| Download: ML20028C624 (2) | |
Text
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- g NUCLEAR REGULATORY COMMISSION q
.t WASHING TON, D. C. 20555 N * *~ f December 28, 1982 Ms. Anne W. Cottingham Debevoise & Liberman IN RESPONSE REFER 1200 Seventeenth Street, N.W.
TO F01A-82-A-25 Washington, DC 20036 (FOIA-82-457)
Dear Ms. Cottingham:
This is in response to your letter dated November 16, 1982, in which you appealed Mr. J. M. Felton's October 28, 1982, denial-in-part of your Freedom of Information Act request for documents related to the proposed revisions to regulatory requirements and guidance pertaining to loose parts monitoring. Specifically, you appealed the denial of :.ix documents which were identified in the appendix to Mr. Felton's letter.
Acting on your appeal, I have carefully reviewed the record in this case and have determined that some additional information may be released.
This information is enclosed.
The remainder of the previously withheld- -
documents, for the reasons stated below, still require withholding from public disclosure pursuant to Exemption (5) of the Freedom of Information Act (5 U.S.C. 552(b)(5)) and 10 CFR 9.5(a)(5) of the Commission's regulations.
Therefore, your appeal is partially granted and partially denied.
Document 1 on the appendix to the October 28, 1982 letter is being released in its entirety.
In addition, the segregable portions of document 2 are also being released.
The remaining portions of document 2, and all of documents 3, 4, 5, and 6, continue to be withheld because they contain p'redecisional advice, opinions, and recommendations of the staff in the ongoing deliberations concerning whether the requirements in Regulatory Guide 1.133 should be backfitted to operating plants and, if so, how the backfitting should be accomplished.
This matter has not been reviewed by NRC management, and the withheld information is, therefore, clearly part of the decision making process of government.
The only segregable factual portions of these documents (the originator, the addressee, and the subject line) are listed in the appendix to Mr. Felton's October 28, 1982 letter. These are the only facts not inextricably intertwined with advice, reconcendations, and opinions.
Documents 3, 4, and 5 are comments on the attachment to docurent 2.
Document 6 is an unsigned, undated draft memorandum transmitting a revised version of the attachment to document 2.
8301110248 821220 PDR FOIA REYNOL82-A-25 PDR
1 Anne W.LCottingham This is a final agency action.
As set forth in the Freedom of Information Act (5 U.S.C. 552(a)(4)(B)), judicial review of this decision is available in a district court of the United States in either the district in which you reside, have your principal place of business, or in the District of Columbia.
6 Sincerely, i
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William J. Dircks Executive Director for Operations
Enclosures:
As stated I
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