ML20038C323
| ML20038C323 | |
| Person / Time | |
|---|---|
| Issue date: | 09/21/1981 |
| From: | Felton J NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Schorr B NEW YORK UNIV., NEW YORK, NY |
| References | |
| FOIA-81-357 NUDOCS 8112100428 | |
| Download: ML20038C323 (1) | |
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NUCLEAR REGULATORY COMMISSION A~
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September 21, 1981
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s% y Mr. Brian L. Schorr A
Journal of-International Law and Politics 2
New York University School of Law 137 MacDougal Street IN RESPONSE REFER New York, NY 10012 TO F01A-81-357
Dear Mr. Schorr:
This is in response ~ to your letter dated August 27, 1981 in wh kh you requested, pursuant to the Freedom of Information Act (F0IA), a copy of l
a memorandum dated February 13, 1979 from the General Counsel to Chainnan Ahearne entitled "Tarapur--Analysis of the Legislative History of the Prospective Application of Export Licensing Criteria".
The requested document is a 21-page predecisional memorandum which contains a detailed legal analysis of the legislative history of the
' statute in question and recommends a legal framewerk which could be used by the Commission to evaluate exports to India.
Any factual material contained in the requested memorandum can be found in the publicly available legislative history of the Nuclear Non-Proliferation Act of 1978.
The history is summarized in the requested memorandum in such a manner that its release would tend to disclose the nature of the deliberative process. Therefore, there are no segregable portions that may be released to the public.
Release of the memorandum would inhibit the open and frank discussion of legal issues between the General Counsel and the Commission. The memorandum is' therefore being withheld from public disclosure pursuant to Exemption (5) of the F0IA (5 U.S.C. 552(b) (5))
and 10 CFR 9.5(a)(5) of the Commission's regulations.
Pursuant to 10 CFR 9.15, for reasons discussed above it has been determined that the memorandum is exempt from disclosure and that its disclosure is not in the public interest. The denying official is L'conard Bickwit, Jr., General Counsel.
This denial may be appealed to the Comnission within 30 days from the receipt of this letter. Any such appeal must be in writing, addressed I
to the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555, and should clearly state on the envelope and in i
the letter that it is an " Appeal from an Initial F0IA Decision".
Sincerely,
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J. M. Felton, Director Division of Rules and Records h 2 g 28 810922 SCHORRB1-357 pyg i
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