ML20055F082
| ML20055F082 | |
| Person / Time | |
|---|---|
| Issue date: | 06/21/1990 |
| From: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| To: | Kator I KATOR, SCOTT & HELLER |
| References | |
| FOIA-89-528, FOIA-90-A-3 NUDOCS 9007130271 | |
| Download: ML20055F082 (1) | |
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NUCLEAR REGULATORY COMMISSION I
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%,,,g June 21,- 1990' OFFICE OF THE SECRE T ARY l
Mr. Irving Kator Kator, Scott & Heller Suite'950 1275 K Street, N.W.
Washington, D.C.
20005-4006 i
Re:
FOIA' Appeal 90-A-3
Dear Mr. Kator:
i This letter responds to your January 19,. 1990 appeal of.the
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denial of documents listed on Appendix-A of our December 21; 1989-response to FOIA.89-528.
The documents, consisting of.the file of an NRC Office of Investigations' report, were denied pursuant to Exemption 7(A) of.-the Freedom'of Information Act (FOIA).
Because the documents are no: longer part of an ongoing investigation, and Exemption 7(A) is no longer applicable, the documents were further reviewed for other applicable FOIA J
exemptions.
On the; basis >of this' review, it has been determined that the document described below is protected:by the attorney-client privilege of Exemption.5 of'the FOIA:and will continue to be withheld.
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The denied document.is an inter-office memorandum dated May 26, 1989 from the Assistant General Counsel to the Director, Office of Investigations (OI)..This document wastprepared in response to a request by the Director of OI-for-legal advice regarding the applicability of certain federal statutes.: This document is 1
protected by the attorney-client' privilege'of Exemption 5'because it concerns the " confidential' communications between an' attorney and his client relating-to'a legal-matter for which the client has sought professional advice."~ ERA, Mead Data Cent.. Inc. v.
Department of the Air Force, 566'F.2d.242, 252 (D.C. Cir. 1977).
This letter represents final Agency action on the denial of the document described above.
Judicial-review of the denial of documents is available in Federal District. Court in the district in which you reside, or have your principal place of business, or
' l in the District of Columbia.
S ncorely,
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Secretary the Co ssion j