ML20053B088

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Responds to FOIA Request for Segregable Portions of Draft NUREG-0844, Resolution of Unresolved Safety Issues A-3,A-4 & A-5 Re Steam Generator Tube Integrity. Info Withheld (Ref FOIA Exemption 5)
ML20053B088
Person / Time
Issue date: 05/05/1982
From: Felton J
NRC OFFICE OF ADMINISTRATION (ADM)
To: Udell R
Public Citizen's Critical Mass Energy Project
References
FOIA-82-210, REF-GTECI-A-03, REF-GTECI-A-04, REF-GTECI-A-05, REF-GTECI-SG, RTR-NUREG-0844, RTR-NUREG-844, TASK-A-03, TASK-A-04, TASK-A-05, TASK-A-3, TASK-A-4, TASK-A-5, TASK-OR NUDOCS 8205280010
Download: ML20053B088 (2)


Text

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9 Mr. Richard A. Udell Critical Mass Energy Project s

215 Pennsylvania Avenue, S.E.

IN RESPONSE REFER m

Washington, DC 20003 TO F01A-82-210

Dear Mr. Udell:

This is in response to your letter dated April 22, 1982 in which you requested, pursuant to the Freedom of Information Act (F0IA), segregable portions of draft NUREG-0844, " Resolution of Unresolved Safety Issues A-3, A-4, and A-5 Regarding Steam Generator Tube Integrity".

(During a telephone conversation between you and Linda Robinson on April 12 concerning another F0IA request (F01A-82-167), you asked for a copy of draft NUREG-0844. Ms. Robinson contacted NRC staff regarding your telephone inquiry and learned that this is a predecisional draft report which is being circulated within NRC for review and so informed you during a telephone conversation on April 16.)

Upon receipt of this FOIA request, Ms. Robinson again conferred with NRC staff and learned that this draft repui t is still undergoing review.

This report contains information which constitutes advice, opinions, and recommendations of the staff in proposing resolution of safety issues related to steam generator degradation. With regard to your request for segregable portions of the report, we wish to inform you that the report summarizes factual material more fully presented in report NUREG-0886, which has already been made available for public inspection and copying at the NRC Public Document Rooin.

The summarization of factual material was prepared as part of the deliberative process, and the report will not reflect agency policy until such time as it is approved. We believe that premature disclosure of portions of this report may lead to distorted communications about this activity and'could impede and frustrate the t

deliberative process.

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).

(See Montrose Chemical Corporation of California v Train) 491 F.2d 63 (D.C. Cir.1974).)

Pursuant to 10 CFR 9.9 of the Commission's regulations, it has been l

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 the under-l signed.

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  • b Mr. Richard A. Udell This denial may be appealed to the Commission's Executive Director for Operations within 30 days from the receipt of this letter. As provided in 10 CFR 9.11, any such appeal must be in writing, addressed to the Executive Director for Operations, U.S. Nuclear Regulatory Commission, Washington, DC 20555, and should clearly state on the envelope and in the letter that is an " Appeal from an Initial F0IA Decision."

When NRC approves this report, it will be published for public comment.

We anticipate publication within several months.

Sincerely, l'

g

. M. Felton, Director Division of Rules and Records Office of Administration i

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