ML20040E529
| ML20040E529 | |
| Person / Time | |
|---|---|
| Issue date: | 11/05/1981 |
| From: | Felton J NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Weiss E HARMON & WEISS |
| Shared Package | |
| ML20040E530 | List: |
| References | |
| FOIA-81-397 NUDOCS 8202050043 | |
| Download: ML20040E529 (4) | |
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November 5, 1981 Ellyn R. Weiss, Esquire Harmon & Weiss 1725 I Street, N.W.
Suite 506 IN RESPONSE REFER Washington, DC 20006 TO F01A-81-397
Dear Ms. Weiss:
This is in response to your letter dated October 1,1981, in which you requested, pursuant to the Freedom of Information Act, documents to and from the Commission regarding its decision on September 10,1981 to reconsider its rule on the military functions exception,10 CFR 2.700a.
The six documents listed on Appendix A are being placed in the NRC Public Document Room, 1717 H Street, N.W. Washington, DC.
The five documents listed on Appendix B are being withheld in their entirety. Documents 1 and 2 are comunications between a Comissioner and his staff and constitute predecisional advice, analysis and recommendations.
They contain no reasonably segregable factual material.
Documents 3, 4, and 5 contain the legal advice, opinions and recommendations of the General Counsel regarding a matter then subject to Comission deliberations and presently involved in litigation.
Release of this type of material could tend to inhibit the open and frank discussion of legal ideas and options, either during Comission deliberations or in response to litigation. Any factual material contained in these three documents is also found in the Federal Register notice published on September 30, 1981 regarding this matter (46 FR 47799) (copy enclosed).
These five documents are, therefore, being withheld 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.
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l Pursuant to 10 CFR 9.15 of the Comission'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 l
public interest.
The person responsible for the denial of documents 1 through 4 is Mr. Samuel J. Chilk, Secretary of the Comission, and for document 5 is Mr. Leonard Bickwit, Jr., General Counsel.
This denial may be appealed to the Comission within 30 days from the receipt of this letter.
Any such appeal must be in writing, addressed to the Secretary of the Comission, U.S. Nuclear Regulatory Comission, Washington, DC 20555, and should clearly state on the envelope and in l
the letter that it is an " Appeal from an Initial FOIA Decision."
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Ellyn R. k'eiss Esqui' This completes NRC action on your i ? quest.
Sincerely, J.
. Felton, Director Division of Rules and Records Office of Administration
Enclosures:
As stated 1
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Re:
Fu.A-81-397 Appendix A 1.
Comissioner Gilinsky's Response Sheet re: SECY-A-80-168A dated 9/9/81 2.
Comissioner Gilinsky's Response Sheet re: SECY-A-80-168 dated 12/2/80 3.
Comissioner Bradford's Response Sheet re: SECY-A-80-168A dated 9/9/81 4.
Comissioner Roberts' Response Sheet re: SECY-A-80-168A dated 9/9/81 5.
Comissioner Ahearne's Response Sheet re: SECY-A-80-168A dated 9/10/81 6.
Chairman Palladino's Response Sheet re: SECY-A-80-168 dated 9/4/81 I
i
Re: i.A-81-397 Appendix B 1.
Note to Commissioner Gilinsky from W. Manning dated 12/2/80 re:
SECY-A-80-168 2.
Note to Commissioner Gilir. sky from W. Manning dated 12/8/81 re:
Federal Register Notice 3.
SECY-A-80-168, dated 11/3/80 memo for the Commission from Leonard Bickwit, Jr., re: "Rulemaking to Incorporate in 10 CFR Part 2 APA's ' Military and Foreign Affairs Exception' to Adjudications" 4.
SECY-A-80-168A, dated 9/3/81 memo for the Commission from Leonard Bickwit, Jr. presenting a revised draft Federr.1 Register notice 5.
Memo for the Commission from Leonard Bickwit, Jr. dated 3/5/81 re: SECY-A-80-168 i
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