ML20090A759
| ML20090A759 | |
| Person / Time | |
|---|---|
| Site: | Zimmer, 07000135 |
| Issue date: | 05/22/1984 |
| From: | Felton J NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Weiss E UNION OF CONCERNED SCIENTISTS |
| Shared Package | |
| ML20090A761 | List: |
| References | |
| FOIA-83-363 SECY-82-318, SECY-82-402, SECY-82-491, SECY-82402, NUDOCS 8407120108 | |
| Download: ML20090A759 (2) | |
Text
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UNITED STATES j
NUCLEAR REGULATORY COMMISSION o
h WASHINGTON, D. C. 20555
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MAY 22 9 4 l
Ellyn R. Weiss. Esquire j
Union of Concerned Scientists 1346 Connecticut Avenue, NW Suite 1101 IN RESPONSE REFER i
Washington, DC 20036 TO F01A-83-363
Dear Ms. Weiss:
j i
l This is in further response to your letter dated June 28,1983 in i
which you requested, pursuant to the Freedom of Information Act, that all j
1982 SECY papers be made available.
j SECY-82-318 is a 14-page memorandum dated July 27, 1982 to the Commission from L. Bickwit, Jr., General Ccunsel,
Subject:
Review of Licensing Board
{
Order Which Raises Sua Sponte Issues (In the Matter of Cincinnati Gas and j
Electric Company, Et A1) -- Docket No. 50-358-0L. Attachment A to i
SECY-82-318 consistii oT a one-page memorandum dated July 15,1982 to the l
Commission from J. Frye, ASLB,
Subject:
Sua Sponte Issues In Cincinnati Gas j
i and Electric Company, Et A1 (William H. Zirner Nuclear Power Plant) -
Docket No. 50-358; July 13 1982 Memorandum and Order by Atomic Safety l
4 and Licensing Board, Docket No. 50-358-0L, 28-pages. Attachment B is a i
three-page undated Commission draft order. Attachments A and B to SECY-82-318 have been placed in the PDR.
Portions of page 3 and all of pages 4 through 14 of the July 27, 1982 Bickwit memorandum reflect the predecisional process i
because they contain the legal analysis, opinions, and recommendations of the i
Office of the General Counsel to the Commissioners.
Because this information i
reflects the predecisional process it is exempt from mandatory disclosure I
1 pursuant to Exemption 5 of the Freedom of Information Act (5 U.S.C. 552(b)(5))
a i
and 10 CFR 9.5(a)(5). The information contains no reasonably segregable j
factual portions not already in the public domain.
Release of this infonnation j
would tend to inhibit the open and frank exchange of ideas essential to the deliberative process. Therefore, it is being withheld. A copy of the expurgated paper will be placed in the PDR.
4 1
SECY-82-402 is a two-page memorandum dated October 14, 1982 to tne Commission j
l from S. Trubatch, Acting Assistant General Counsel,
Subject:
Licensee Hearing Request in Civil Penalty case. Attachment 1 to SECY-82-402 consists of
'a one-page memorandum dated September 16, 1982 to S. Chilk from R. DeYoung l
i
Subject:
Civil Penalty Hearing - Consolidated X-Ray Service Corporation -
l License No. 42-08456; August 27, 1982 letter to R. DeYoung, NRC from H. Smith, 1
Esquire (Schoolfield and Smith) re: Consolidated X-Ray Service Corporation,
- 1 one-page; undated draft notice of hearing re
- Consolidated X-Ray Service,
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three-pages; August 6, 1982 Order Imposing Civil Monetary Penalty by R. DeYoung re: Consolidated X-Ray Service, three-pages. Attachment 2 is an undated j
two-page draft Commission Order re: Consolidated X-Ray Service. The i
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NSY 2 2 1984 Ellyn R. Weiss.
October 4, 1982 Trubatch memorandum, September 16, 1982 DeYoung memorandum, August 27, 1982 DeYoung letter, August 6,1982 DeYoung Order and attachment 2 have been placed in the PDR. The undated draft notice in attachment I reflects the predecisional process because it contains the legal analysis, opinions, and recommendations of the Office of the General Counsel to the Commissioners.
Because this information reflects the predecisional process it is exempt from mandatory 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).
Release of this infomation would tend to inhibit the open and frank exchange of ideas essential to the delibera-tive process. Therefore, it is being withheld.
SECY-82-491 is a 13-page memorandum dated December 15, 1982 to the Commission from M. Malsch, Deputy General Counsel,
Subject:
NFS Erwin Hearing; NRDC's Request for DOE's Classified Information; Hearing Scope Issues: Opportunity for Written Responses to Submitted Questions; and Related Matters. The attachment to SECY-82-491 is a four-page undated draft Commission Order.
Port k ns of page 2 and all of pages 3 through 13 of SECY-82-491 along with the attachment reflect the predecisional process because they contain the legal analysis, opinions, and recomendations of the Office of the General Counsel to the Commissioners.
Because this information reflects the predecisional process it is exempt from mandatory 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). The infomation contains no reasonably segregable factual portions not already in the public domain. Release of this information would tend to inhibit the open and frank exchange of ideas essential to the delibera-tive process. Therefore, it is being withheld. A copy of the expurgated paper will be placed in the PDR.
Pursuant to 10 CFR 9.15 of the Commission'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. James A.
Fitzgerald, Assistant General Counsel.
This denial may be appealed to the Commission within 30 days from the receipt of this letter. Any such appeal must be in writing, addressed to the Secretary of the Comission, 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."
We will respond to the remainder of your request as expeditiously as possible.
Si drel f
. M. Felton, Director Division of Rules and Records Office of Administration
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HARMON & WEISS o
87258 ST R E ET, N W SUITE 506 GAst McG AEEvv HA AMON WASIIINGTON, D.C. 20o06
'C'c'"o"E ELLvN A WEis s (202) 833 9070 WILLI AM S.;O RD A N, Ill LEE L es5 mop DIANE CU ARAN LUCsA 5.CATM eEA8 A. Tousle' June 28, 1983 1
FREEDOM OF INFORMATIO Joseph Felton, Director ACT REQUEST Division of Rules and Records
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Office of Adminstration United States Nuclear Regulatory Commission h /g 7-/-43 Washington, D.C. 20055 Freedom of Inf ormation Act Request
Dear Mr. Felton,
On behalf to The Union of. Concerned Scientists and pursuant to the federal Freedom of Information Act, I hereby request that all 1982 SECY papers be made available.
Very truly yours, C1 Ellyn R. Weiss ERW/cpk (0
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