ML20050F912
| ML20050F912 | |
| Person / Time | |
|---|---|
| Site: | Zimmer |
| Issue date: | 02/03/1982 |
| From: | Hoyle J NRC OFFICE OF THE SECRETARY (SECY) |
| To: | Devine T GOVERNMENT ACCOUNTABILITY PROJECT |
| References | |
| FOIA-81-488 NUDOCS 8204140020 | |
| Download: ML20050F912 (1) | |
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NUCLEAR REGULATORY COMMISSION W ASmNGT ON, D C. 20555 5.,
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4 February 3, 1982 8'
IN RESPOFS -
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OFFICL OF THE
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SECRETARY 6
a CEIVED Mr. Thomas Devine 19825 j L
Government Accountability Project FEB 5 1901 Que Street, NW 9.? g am mw emm Washington, DC 20009 CE y" "
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Dear Mr. Devine:
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This is in further response to your letter dated November 23, 1981, in which you requested, pursuant to the Freedom of Information Act (FOIA), copies of documents prepared in connection with the Office of Inspector and Auditor's report on IE's investigation of the Zimmer Nuclear Power Station.
On October 27 and 28, 1981, the Commission held closed meetings to discuss potential enforcement actions stemming from the Zimmer investigations.
We have reviewed those transcripts under the Government in Sunshine Act (GISA) to determine whether they should be released in whole or in part at this time.
The meetings were closed pursuant to exemptions (5), (7), and (10) of the Government in Sunshine Act, 5 U.S.C.
552b, and 10 CFR 9.104 of the Commission's regulations, since the discussion focused on the review of investigatory reports and the consideration of potential enforcement actions, including the imposition of civil penalties, all within the context of an ongoing agency adjudication.
Commission deliberations of this nature are exempt from mandatory public disclosure in the interest of avoiding interference with current and future Licensing Board proceedings and of protecting the uninhibited exchange of ideas and opinions which relate to such proceedings.
For these reasons, the Commission has determined that the public interest does not require release of these transcripts and that they should be withheld in their entirety pursuant to exemption (3) of the Freedom of Information Act and exemptions /,
(5), (7), and (10) of the Government in the Sunshine Act.
Because the Commission itself addressed this portion of your request, an FOIA appeal would be redundant.
Therefore,
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please consider this the final agency action.
Pursuant to l
the FOIA, judicial review of this decision is available in a l
Federal District Court in the district in which your client resides, has his principal place of business, or in the District of Columbia.
l Sincerely,
{
Jo n oyle Acting Secretary of 4
0020 820203 hD the Commission DEVINE81-488 PDR