ML20054C602
| ML20054C602 | |
| Person / Time | |
|---|---|
| Issue date: | 03/26/1982 |
| From: | Felton J NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Lee D AFFILIATION NOT ASSIGNED |
| References | |
| FOIA-82-127 NUDOCS 8204210382 | |
| Download: ML20054C602 (2) | |
Text
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March 26, 1982 gECYN QMP $
. 2 Dr. Douglas E. Lee, Ph.D.
p'ry 75-A-1894 Drawer B IN RESPONSE REFER Stormville, NY 12582 TO F01A-82-127
Dear Dr. Lee:
This is in response to your letter dated March 2,1982 in which you requested, pursuant to the Freedom of Information Act, a copy of the transcripts of two 1981 closed budget meetings and copies of the subsequent lawsuits.
The following documents and analysis are provided in response to your request.
The lawsuits which you requested copies of are already publicly available.
We will, however, provide you with copies of the enclosed documents from our files pertaining to the federal district court and appeals court cases regarding the withholding under the Government in the Sunshine Act (GISA) of transcripts of closed meetings at which NRC budget matters were discussed.
District Court:
Complaint Memorandum Decisions Circuit Court:
Notice of Appeal and Motion for Stay Judgement on Motion for Stay Appellant's Brief Court Opinion Should you desire additional material relating to these cases, please be advised that that complete public case file is maintained at the U.S.
Court of Appeals for the District of Columbia Circuit.
Access to this file is avaiiable by requesting it in person or by contacting the clerk of the court at the following address:
George A. Fisher, Clerk United States Court of Appeals for the District of Columbia Circuit Room 5419 - U.S. Courthouse Third and Constitution Avenue, N.W.
Washington, DC 20001 (202)426-7182 8204210382 820326 PDR FOIA LEE 82-127 PDR
Dr. Douglas E. Lee, Ph.D. The transcripts you requested remain the subject of litigation pending possible appeal of the D.C. Circuit Court decision. The Commission previously decided to withhold these transcripts in their entirety pursuant to Exemptions (2), (6), and. (9(b)) of the Government in the Sunshine Act and will continue to withhold them pending final judicial resolution of this matter or re-review of the transcripts consistent with the prosecution of this case.
In the event that the Commission decides not to appeal the Circuit Court decision or to release the transcripts despite the option to appeal, we will make them available to you at that time.
Because the discussion reflects on internal personnel matters, privacy matters, and information the pr emature release of which could frustrate agency purposes, the Commission has decided that the public interest does not compel release of these transcripts at this time. Therefore, the transcripts are being withheld in their entirety pursuant to Exemption (3) of the FOIA and Exemptions (2), (6) and (9(b))
of the GISA.
Because the Commission itself decided to withhold these transcripts, an F0IA appeal to the Commission would be redundant.
Therefore, please consider this the final agency action on your request.
Samuel J. Chilk, Secretary of the Commission, is the agency official responsible for the partial denial of your request.
Pursuant to the F0IA, judicial review of this decision is available in a federal district court in the district in which you reside or have you principal place of business, or in the District of Columbia.
Sincerely, o
J. M. Felton, Director Division of Rules and Records Office of Administration
Enclosures:
As stated cc: Samuel Chilk