ML20052F638
| ML20052F638 | |
| Person / Time | |
|---|---|
| Issue date: | 04/16/1982 |
| From: | Felton J NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Broom R DAWSON, RIDDELL, FOX, HOLYROD & WILSON |
| Shared Package | |
| ML20052F640 | List: |
| References | |
| FOIA-82-146 NUDOCS 8205130280 | |
| Download: ML20052F638 (3) | |
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April 16,1982 G
q R. Stuart Broom, Esquire io A
Dawson, Riddell, Fox, Holroyd & Wilson Attorneys At Law Suite 723 - Washington Building IN RESPONSE REFER Washington, DC 20005 TO F0IA-82-146
Dear Mr. Broom:
This is in further response to your letter dated March 17,1982, in 4
which you requested pursuant to the Freedom of Information Act, significant policy study documents or memorandum of law drafted or performed by the U.S. Nuclear Regulatory Commission (NRC) or a contracted research body concerning federal preemption and state authority regarding the disposal of nuclear waste.
Appendix A is a listing of documents which are responsive to your request.
Document number 1 is enclosed.
Documents 2 and 3 of Appendix A contain information which (onstitutes advice, opinions and recommendations of the staff. This information is 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). Also, these documents are exempt from mandatory release on the basis of both the deliberative process and attorney work-product privileges of Exemption (5) of the F0IA.
Both documents were prepared to assist the Comission in determining whether to participate in these lawsuits in some manner, an option which remains available to, and under consideration by, the Comission.
Release of these documents would tend to inhibit the Comission's legal staff in its provision of legal analysis and advice. There are no segregable factual portions of these documents beyond a description of the relative statutes and lawsuits, information which is already on the public record.
Accordingly, both memoranda to the Comissioners are being withheld in their entirety, excluding Attachment 2 of Document number 3, which constitutes several letters from the Department of Energy (D0E).
These letters have been referred to DOE for their releasibility determination and direct response to you.
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 public interest.
The person responsible for this denial is Mr. Leonard Bickwit, Jr., General Counsel.
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R. Stuart Broom,. Esquire 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 Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555, and should clearly state on the envelope ~and in the letter that it is an " Appeal from an Initial F0IA Decision."
This completes NRC's action on your request.
Sincerely,
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A M. Felton, Director Division of Rules and Records-Office of Administration
Enclosures:
As stated
Re:
F01A-82-ld6 Appendix A 1.
Washington State Building and Construction. Trade Council, AFL-CIO, et. al. v. Spellman, et. al., Reply Brief of Appellants.
2.
SECY-81-319, " Washington State's Radioactive Waste Storage and Transportation Act of 1980," memorandum to the Commissioners from Stephen F. Eilperin, Solicitor, dated May 20, 1981, contains a discussion and analysis of two lawsuits challenging the Washington Act.
3.
SECY-82-Il5, "flRC Legal Position on California Preemption Case,"
memorandum to the Commissioners from Leonard Bickwit, Jr., General Counsel. dated March 16, 1982, provides a legal analysis of Pacific Legal Foundation v. State Energy Resources Conservation and Development Commission, a case challenging the California " nuclear moratorium" legislation.
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