ML20126D808
| ML20126D808 | |
| Person / Time | |
|---|---|
| Issue date: | 03/14/1985 |
| From: | Felton J NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Bell N NUCLEAR INFORMATION & RESOURCE SERVICE |
| References | |
| FOIA-84-887 NUDOCS 8506150211 | |
| Download: ML20126D808 (4) | |
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- [ UNITED STATES E g NUCLEAR REGULATORY COMMISSION 7, j WASHINGTON, D. C. 20655 s.,...../ muti4 as S@ D Ms. Nina Bell, Assistant Director Nuclear Information Resource Service 1346 Connecticut Avenue, NW, 4th Floor IN RESPONSE REFER Washington, DC 20036 TO FOIA-84-887
Dear Ms. Bell:
This is in partial response to your letter dated November 28, 1984, in which you requested, pursuant to the Freedom of Information Act (F0IA),
copies of docuinents which relate to the question of possible limitations to the censideration of financial matters in the Commission's actions and decisions on licensing allowed or contemplated by the Atomic Energy Act and other authority granted to the NRC.
The documents liste'd on enclosed Appendix A are already publicly available in the NRC Public Document Room (PDR),1717 H Street, NW, Washington, DC 20555. Thd file location is indicated beside the document descriptions.' .
The documents' listed on enclosed Appendix B are being withheld in their entirety. The documents contain the predecisional legal analyses, opinions and recomendations of the Office of the General Counsel (0GC) for the Comissioners' consideration of costs involved in backfitting.
Because the documents reflect the predecisional process between 0GC and the Comissioners, the documents are exempt from mandatory disclosure pursuant to Exemption 5 of the F0IA, 5 U.S.C. 5552(b)(5), and the Comission's regulations,10 CFR 59.5(a)(5). Release of the documents would tend to inhibit the open and frank exchange of ideas essential to the deliberative process. The documents do not contain any reasonably segregable factual portions.
Pursuant to 10 CFR 9.15 of the Commission's regulations, it has been detennined 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 James A.
Fitzgerald, Assistant General Counsel.
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8506150211 850314 PDR FOIA BELL 84 ge7 PDR ,
l 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 Commission, U.S. Nuc;9ar Regulatory Commission, Washington, DC 20555, and should clearly state on the envelope and in the letter that it is an " Appeal from an Initial FOIA Decision."
The search for and review of additional documents subject to your request have not been completed. We will notify you as soon as the search and review are completed.
cerely
. M. Felton, Director Division of Rules and Records Office of Administration
Enclosures:
As stated b
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APPENDIX A Documents Already in the PDR
- 1. 06/22/83 Memo from Samuel J. Chilk to William J. Dircks,
Subject:
Backfitting Guidance. File: Staff Requirements Binder, 1983.
(4 pages)
- 2. 05/04/84 Memo from H. H. Plaine to the Commissioners, submits review of " Consideration of Cost for Backfitting and Other Safety Related Costs in NRC Processes." Accession No. 8406130300 (32pages) i 6
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Re: FOIA-84-887 APPENDIX B Documents Being Withheld
- 1. 04/09/84- Draft memorandum from H. Plaine, General Counsel, to the Commissioners,
Subject:
Consideration of Costs in Backfitting.
(10 pages)
- 2. 04/23/84 Memorandum from H. Plaine, General Counsel, to the Commissioners,
Subject:
Consideration of Costs for Backfitting and Other Safety Related Costs in NRC Processes. '(17 pages) (with handwritten notations of an OGC attorney).
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