ML20050D051
| ML20050D051 | |
| Person / Time | |
|---|---|
| Issue date: | 02/26/1982 |
| From: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| To: | Leventhal P NUCLEAR CLUB, INC. |
| References | |
| FOIA-81-1-21, FOIA-81-1-21A, FOIA-81-471 NUDOCS 8204120009 | |
| Download: ML20050D051 (3) | |
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Mr. Paul Leventhal
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President The Nuclear Club, Inc.
1742 N Street, N.W.
IN RESPONSE REFER washington, D.C.
20036 TO 81-A-21(81-471)
Dear Mr. Leventhal:
This is in response to your December 31, 1981 Freedom of i
Information Act appeal of the denial of access to documents relating to the Morgan memorandum.
The Commission has reviewed the five documents listed in the Appendix to this letter and has concluded that each of the documents should be withheld in their entirety because they have been properly classified " Secret, National Security Information" pursuant to Executive Order 12065 by the NRC staff.
The documents relate to the foreign-relations of the United States, and their unauthorized disclosure reasonably could be expected to cause serious damage to the national security.
The documents contain no reasonably segregable non-classified material and the Commission has determined that it is not in the public's interest to grant your appeal.
A further explanation of the basis for classifying the documents cannot be provided for-such an explanation could also be reasonably expected to cause serious damage to the national security.
Finally, the Commission can neither-confirm nor deny the authenticity of the published versions of the Morgan Report, or portions thereof, without
.potentially compromising these national security interests.
See Phillippi v. CIA, 549 F.2d 1009 (D.C. Cir. 1976).
In sum, the five documents are being withheld under l
Exemption (1) of the FOIA, 5 U.S.C. 552 (b) (1) and the l
Commission's regulations, 10 CFR 9. 5 (a) (1).
8204120009 820226 PDR FOIA LEVENT81-1-21 PDR
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This letter represents the final agency action on your FOIA appeal.
Judicial review of this decision is available in a federal district court in the district in which you reside or have your principal place of business, or in the District of Columbia.
4 Sincerelly,
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Enclosure:
List of Documents Withheld I
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Re: FOIA-81-A-21 APPENDIX 1.
Memorandum for William J.
Dircks from James R.
- Shea, dated August 3, 1981, concerning the classification of the report prepared by E.
R. Morgan.
2.
Memorandum for Commissioner Gilinsky from William J.
Dircks, dated August 5, 1981, forwarding copy of report prepared by E.
R. Morgan.
3.
Report prepared by Emmanual R. Morgan (undated).
4.
Memorandum for Commissioner Gilinsky from William J.
Dircks, dated September 23, 1981, forwarding Staff Commentary on Report by E.
R. Morgan.
5.
Memorandum for Chairman Palladino from William J.
Dircks, dated October 30, 1981, providing addendum to staff commentary on Report by E.
R. Morgan.
.