ML20043C632
| ML20043C632 | |
| Person / Time | |
|---|---|
| Site: | Davis Besse, Nine Mile Point, Fermi, Oyster Creek, Crane |
| Issue date: | 03/27/1990 |
| From: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| To: | Felton J FELTON, J.M. |
| Shared Package | |
| ML20043C633 | List: |
| References | |
| FOIA-89-546, FOIA-90-A-9 NUDOCS 9006050406 | |
| Download: ML20043C632 (2) | |
Text
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- j NUCLEAR REGULATORY COMMISSION g
W ASHIN O T oN, D.C. 20%b g
March 27, 1990 OFFICE OF THE SECRETARY Joseph M. Felton, Attorney 200-A Monroe Street Suite 225 i
Rockville Maryland 20850 Re:
FOIA No. 90-A9CE 1
Dear Mr. Felton-This letter is in response to your February 16, 1990 appeal of this
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Agency's denial of certain records in F0IA 89-546 on January 24, 1990, i
In response to your appeal, the withheld infomation was again reviewed.
On the basis of this review it has been determined that Enclosures 1 and 2 of Document C/1 should be released. A copy of these documents are enclosed with this letter. With respect to the balance of denied material, I affim the Agency's action in this matter.
Documents C/2, C/7, C/9, C/10, and C/11 continue to be withheld under Exemption 5 as predecisional. Likewise withheld as predecisional is document C/13, the June 29, 1989 memorandum from Samuel Chilk to Victor Stello regarding SECY-89-151; document C/12, which contains a Commissioner's coments on the draft SRM on SECY-89-151; and C/8, the June 19, 1989 routing slip from Steve Burns regarding SECY-89-151.
Document C/3 dated May 25, 1989 to a Commissioner from his legal staff and Document C/14, a menorandum from John Montgomery to J. Liebeman providing comments on a draft rule on willful misconduct, remain withheld under Exemption 5.
Both documents involve the rendering of legal opinion and advice and contain the staff's predecisional analysis and opinion.
The two memoranda, C/4 and C/5, dated June 1,1989 are withheld under the attorney-client privilege of F01A's Exemption 5 because they regard requests for legal opinions on SECY-89-151.
Also not disclosed under the attorney-client privilege of F01A's Exemption 5 is Document C/6, which is a memorandum from William Parler dated June 5,1989 providing a legal opinion on SECY-89-151.
Document C/1 is withheld from public disclosure under Exemption 5 of FOIA. C/1 is a Comission paper containing several different proposals for tracking the future employment in licensed activities of unliceraed individuals who, because of wrongdoing, are removed from licensed activities at an NRC licensed facility or whose removal is confirmed by an NRC order. The release of this discussion and analysis could compromise the integrity of the Agency's decisionmaking process by chilling candor.
Furthermore, disclosure of infomation reflecting only proposed courses of action would constitute a premature release of
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9006050406 900327 PDR FOIA FELTON90-A-9 PDR
J infonnation that does not necessarily reflect final agency action or policy.
This letter represents final Agency action on your February 16, 1990 appeal. Judicial review of the denial of the documents is available in Federal District Court in the district in which you reside, or have your principal place of business, or in the District of Colunibia,
- incerely,
.1 r
S 1 J. ( lii Secretary (lf the Conrnission
Enclosures:
As Stated l