ML20053E715
| ML20053E715 | |
| Person / Time | |
|---|---|
| Issue date: | 04/27/1982 |
| From: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| To: | Devine T GOVERNMENT ACCOUNTABILITY PROJECT |
| References | |
| FOIA-81-470, FOIA-82-A-2C NUDOCS 8206090209 | |
| Download: ML20053E715 (3) | |
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April 27,1982
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Thomas Devine, Esq.
Government Accountability Project
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cy Institute for Policy Studies tu 1901 Que Street, NW.
In RESPONSE REFER Washington, DC 20009 TO82-A-2(81-470)
Dear Mr. Devine:
This is in response to your February 10, 1982 Freedom of Information Act (F0IA) appeal of the denial'of access to documents relating to SECY-81-588 regarding the investigative jurisdiction of the Office of Inspector and Auditor (0IA) and the Office of Inspection and Enforcement (IE).
Upon the advice of the originatirig offices, the Commission has decided to release two of the documents that were originally withheld.
The Comission will continue to withhold in their entirety the remaining three documents which were originally denied.
Finally, two documents which were inadvertently excluded from our initial response have been addressed on appeal. One of these documents is being withheld in part and the other in its entirety, as described below.
Document 1 (see Appendix) is a one-page handwritten note to Comissioner Bradford from Legal Assistant Thomas Gibbon, dated October 9, 1981.
The note is comprised entirely of the author's analysis and opinion of SECY-81-588 and contains no factual material.
This document is pre-decisional in nature and withholding it would serve to protect the flow of advice, opinions, and recommendations within the Comission and, therefore, the quality of the Comission decisionmaking process.
Accordingly, this document is being withheld in its entirety pursuant to Exemption 5 of the F0IA.
Document 2 is hereby released to the public. A copy is ericlosed.
Document 3, dated November 5,1981, is a three-page draft of a proposal from Chairman Palladino to the Comission noting questions that have arisen with regard to the investigative responsibilities of OIA and IE and recommending a means of addressing them.
The proposal was neither finalized nor circulated to other offices.
It is entirely deliberative, containing no factual material, and constitutes " precisely the type of communication which Congress meant to protect in enacting Exemption 5."
Common Cause v. IRS, 646 F.2d 656, 659 (D.C. Cir.1981).
This document also is being withheld in its entirety.
Document 4 is hereby released to the public. A copy is e'nclosed.
Document 5, dated November 6,1981, is a one and one-quarter page memorandum to Comissioner Gilinsky from Technical Assistant Edward Abbott regarding SECY-81-588.
The memorandum consists of advice and 1
8206090209 820427 PDR FOIA DEVINE82-A-2C PDR
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Thomas Devine, Esq.
2 analysis, which are exempt from mandatory disclosure under Exemption 5, and a factual summary which is so intertwined that no portion can reasonably be segregated for release. This document is therefore being withheld in its entirety.
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Document 6, dated October 26, 1981, is a memorandum from James J. Cummings, Director, 0IA, to the Comission transmitting 01A's comments on SECY-81-588.
Portions of this five-page memorandum and its i
attachments are being released and are enclosed.
However, portions of l
the memorandum and attachments which reflect the candid analysis and opinion of OIA are being withheld pursuant to Exemption 5.
Release of these analytical portions of the document would tend to inhibit the free flow of ideas and opinions essential to the deliberative process. to this document, a one-page note to Commissioner Ahearne from Mr. Cummings, is being withheld for the same reason.
The names of certain individuals referenced in the tvo letters attached to are also being withheld to avoid the unwarranted invasion of their personal privacy pursuant to Exemption 7 of the F0IA.
Otherwise, the attachments to Document 6, most of which are already public, are hereby released and are enclosed.
Document 7, dated October 29, 1981, is a two-page memorandum from Harry Boulden, Chief, Safety and Enforcement Audits Branch, 0IA, to Mr. Cummings regarding SECY-81-588.
This memorandum consists entirely of the author's analysis and opinion and is exempt from disclosure pursuant to Exemption 5 for the same reason as Documents 1, 3, 5, and 6 above. This document is being withheld in its entirety.
This letter represents the final agency action on your F0IA appeal.
Judicial review 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.
, Sincere)[,
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Samuel J.lChilk Tecretary of the Comission
Enclosures:
1.
Appendix - List of Documents 2.
Documents 2, 4, and 6 (in part)
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APPENDIX 1.
Handwritten note to Commissioner Bradford from Tom Gibbon, dated October 9, 1981.
2.-
Memo from Commissioner Ahearne to Director, OIA, dated i
October 14, 1981.
1 3.
Draft memo from Chairman Palladino to Commission,
" Investigative Responsibilities of OIE and OIA," dated November 5, 1981.
4.
Memo from Commissioner Gilinsky to Commission, dated October 29, 1981.
5.
Note from Edward Abbott to Commissioner Gilinsky re SECY-81-588 dated November 6, 1981.
j 6.
Memo from. James J.
Cummings,' Director, OIA, to the Commission regarding SECY-81-588, with attachments, dated October 26, 1981.
7.
Memo from Harry Boulden, OIA, to James J. Cummings regarding SECY 81-588, dated October 29, 1981.
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