ML20040F928
| ML20040F928 | |
| Person / Time | |
|---|---|
| Issue date: | 01/22/1982 |
| From: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| To: | Bishop L, Weiss E HARMON & WEISS |
| Shared Package | |
| ML20040F929 | List: |
| References | |
| FOIA-81-397, FOIA-81-A-18 NUDOCS 8202100476 | |
| Download: ML20040F928 (3) | |
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9 January 22, 1982 U
OFFICE OF THE v
SECRETARY
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pDJ Lee L. Bishop, Esq.
Harmon & Weiss 1725 I Street, N.W.
IN RESPONSL REFER Suite 506 TO F01A-81-A-18 Washington, D.C.
20006 (F0!A-81-397)
Dear Mr. Bishop:
This is in response to your November 23, 1981 Freedom of Information Act appeal of the denial of access to documents relating to the Commission's decision to reconsider its military functions exception to NRC rules of procedure, 10 CFR 2.700a.
The Commission has reviewed your appeal and determined that each of the subject documents described in Appendix A contains predecisional advice, opinions and recommendations and is exempt from mandatory public disclosure in its entirety pursuant to exemption (5) of the F0IA.
Release of these documents could tend to inhibit the free flow of ideas and analysis essential to the Commission's deliberative process. Any reasonably segregabk. factual material contained in these documents "s already a matter of public record through publication in the Federal Register Notice announcing the Comission's decision to reconsider the rule at issue, 46 Fed. Reg. 47799 (Sept. 30, 1981). Release of these facts would disclose the manner in which they were selected and emphasized, a distinct aspect of the deliberative process. Accordingly, the subject dccuments are being withheld in their entirety pursuant to Exemption (5) of the F0IA, 5 USC 552(b)(5), and the Commission's regulations, 10 CFR 9.5(a)(5).
Your appeal letter contends that the deliberative process in question did not begin until the Commission was at ful.1 strength on August 3, 1981, and that several of the pertinent documents were therefore not predecisional for the purposes of the F0IA.
I believe you have misconstrued the representations made to the D.C. Circuit Court of Appeals.
Though the final deliberations and the vote to reconsider did not occur until the Comission was at full strength, the deliberative process itself was prompted by the court's September 28, 1980 order enjoining the effectiveness of the rule and its application in the NFS Erwin proceeding.
SECY-A-80-168, dated November 3, 1980, actually initiated the reconsideration of the rule.
WEISS 81-A-18 PDR
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2 This letter represents the final' agency action on your F0IA Appeal.
Judicial review of this decision is available in a federal district cou.t in the district in which you reside or have your principal place.
of business, or in the District of Columbia.
Sincerely, L
Samuel J.
hilk Secretary the Comission l
Appendix A:
List of Documents l
Withheld i-i i
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PDCL-ol6 C'
APPENDIX'A 1.
Note to Commissioner Gilinskyffrom W. Manning, Legal Assistant, dated 12/2/80 re: analysis of SECY-A80-168.
.1 page.
2.
Note to Commissioner Gilinsky from W. Manning dated 12/8/80 re:
-analysis of Federal Register Notice.
I page.
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." 3 pages-with attached draft Federal Register Notice..
4.
SECY-A-80-168A, dated 9/3/81 memo for the Commission from Leonard Bickwit, Jr. presenting'a revised draft Federal Register Notice.
1 page with attachment as stated.
5.
Memo for the Commission from Leonard Bickwit, Jr. dated 3/5/81 re:
SECY-A-80-168. 2 pages.
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