ML20126G226

Responds to Appeal Re 850110 Partial Denial of FOIA Request for Records Concerning Const of Facility & Brown & Root,Inc. Appeal Denied (Ref FOIA Exemption 5) Due to Predecisional Nature of Documents

ML20126G226
Person / Time
Site:	Comanche Peak
Issue date:	03/20/1985
From:	Dircks W NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To:	Huge H ROGOVIN, HUGE & LENZNER
References
FOIA-84-487, FOIA-85-A-4 NUDOCS 8506180100
Download: ML20126G226 (1)

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%,.....j s c6 9-MAR 2 01985 Harry Huge, Esquire Rogovin, Huge & Lenzner 1730 Rhode Island Avenue, NW IN RESPONSE REFER Washington, DC 20036 TO F01A-85-A-4 (F0IA-84-487)

Dear Mr. Hugs:

This is response to your letter dated February 13, 1985, in which you appealed Mr. Felton's letter dated January 10, 1985, which denied-in-part your Freedom of Information Act (F0IA) request for documents regarding Brown & Root, Inc. You specifically appealed the denial of two documents in Mr. Felton's January 10, 1985, letter.

Acting on your appeal, I have carefully reviewed the records in this case, which are identified on the Appendix to this letter, and have determined, for the reasons stated below, that the documents still require withholding from public disclosure pursuant to Exemption (5) of the F0IA (5 U.S.C. 552(b)(5)) and 10 CFR 9.5(a)(5) of the Comission's regulations. Therefore, your appeal is denied. ,

These denied documents are clearly predecisional in nature because they are work products that relate to an enforcement action currently under consideration and only state the opinions of the authors. Disclosure of these documents is not in the public interest. Release of the two notes would expose to public scrutiny the thought process of the authors and inhibit the frank exchange of ideas between the staff members.

As set forth in the FOIA This is a final agency) action on your appeal.(5 U.S.C. 552(a)(4)(B) , judicia in a district court of the United States in the district in which you reside, have your principal place of business or in the District of Columbia.

Sincer y, William J. Dircks Executive Director for Operations 8506180100 850320 PDR EB - -4

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