ML20127F828
| ML20127F828 | |
| Person / Time | |
|---|---|
| Issue date: | 04/12/1985 |
| From: | Felton J NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Hudgins C MCGRAW-HILL PUBLICATIONS CO. |
| Shared Package | |
| ML20127F833 | List: |
| References | |
| FOIA-85-164 SECY-85-30, SECY-86-67, NUDOCS 8506250267 | |
| Download: ML20127F828 (4) | |
Text
[
h 8
o,,
UNITED STATES NUCLEAR REGULATORY COMMISSION i
o 3
I WASMNGTON, D. C. 20555 i
APR 121985 ON I
\\,..... /
Ms. Christy Hudgins McGraw-Hill Publications Company 1120 Vermont Avenue, NW, Suite 1200 IN RESPONSE REFER Washington, DC 20005 TO F0!A-85-164
Dear Ms. Hudgins:
This is in response to your letter dated March 7,1985, in which you requested, pursuant to the Freedom of Information Act (F0IA), copies of SECY-85-30 and SECY-85-67.
The documents identified on enclosed Appendix A are being placed in the NRC Public Document Room (PDR) located at 1717 H Street, NW, Washington, DC 20555, in file folder F01A-85-164 in your name.
There is no charge for inspecting records maintained at the PDR. We are enclosing a copy of a notice that provides charges and procedures for obtaining copies of records from the PDR.
The documents identified on enclosed Appendix B are being withheld.
Documents 1 and 2 contain the predecisional legal analyses, opinions and recomendations of the Office of the General Counsel (0GC) for the Commissioners' consideration of legal assistance provided to NRC employees involved in federal grand jury l
proceedings. Documents 3 and 4 and portions of document 5 contain the prede-cisional legal analyses, opinions and recommendations of OGC for the Commis-sioners' consideration of NRC regulations regarding Government in the Sunshine Act. Because the documents reflect the predecisional process between 0GC and the Commissioners, the documents are exempt from mandatory disclosure pursuant to Exemption 5 of the Freedom of Information Act, 5 U.S.C. 6552(b)(5), and the Commission's regulations, 10 CFR 69.5(a)(5).
The nonexempt portions of docu-nent 5 are being placed in the PDR. 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 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 James A. Fitzgerald, Assistant General Counsel.
8506250267 850412 PDR FOIA HUDGINSS5-164 PDR l
This denial may be appealed to the Comission 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. Nuclear Regulatory Comission, Washington, DC 20555, and should clearly state on the envelope and in the letter that it is an " Appeal from an Initial F0IA Decision."
This completes NRC action on your request.
Sinc ely, s
. Felton, Director Division of Rules and Records Office of Administration
Enclosures:
As stated ch I
l I
l l
r i
s Re: F01A-85-164 APPENDIX A DOCUMENTS BEING PLACED IN THE PDR
- 1. to Decisions of the Comptroller General SECY-85-30 (pages 613-619)
- 2. to David Ryan v. United States SECY-85-30 (No. 370-79C May 1, 1981)
(pages 711-714)
- 3. to May 1, 1984 United States Law Week (pages4507-4510) to SECY-85-67
r D
h Re: FOIA-85-164 APPENDIX B DOCUMENTS BEING WITHHELD 1.
01/25/85 SECY-85-30, memorandum from W. Briggs, Solicitor, to the Connissioners,
Subject:
Availability of Commission-Provided Legal Assistance to NRC Employees Involved in Federal Grand Jury Proceedings (26 pages)
- 2.
Undated paper entitled " Grand Jury Questions and to SECY-85-30 Answers" by an 0GC Attorney (6 pages) 3.
02/26/85 SECY-85-67, memorandum from H. Plaine, General Counsel to the Commissioners,
Subject:
NRC Sunshine Act Regulations (21 pages) 4 Attachment A to
'Jndated draft proposed rule, re: Part 9, Sub Government in the Sunshine Act Regulations (part C -13 pages)
- 5. to May 21, 1984 memorandum from H. Plaine, General Attachment B to Counsel to the Commissioners,
Subject:
Recent Supreme SECY-85-67 Court Decision on Sunshine Act (2 pages) (Nonexempt portions being released)