ML20128G284
| ML20128G284 | |
| Person / Time | |
|---|---|
| Issue date: | 05/13/1985 |
| From: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| To: | Edgar G NEWMAN & HOLTZINGER |
| References | |
| NUDOCS 8505300112 | |
| Download: ML20128G284 (3) | |
Text
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UNITED STATES IF
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. NUCLEAR REGULATORY COMMISSION T
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WASHINGTON, D.C. 20555 May 13, 1985-0FFCE OF THE
_ SECRETARY :
+-
George L. Edgar, Esq.
Newman & Holtzinger, P.C.
1615'L Street, N.W.
Washington, D.C.
20036'
~ Dear Mr.LEdgart By letter-dated ~ December 28, 1984, en behalf of General Electric Company _(GE) you requested that GE be given the opportunity to submit additional information relative to the Commission's pending consideration of whether-to release the l
.GE-Reed Report..The question of. release of that report is'now before the Commission upon remand from the United States Court of Appeals for the Seventh Circuit.
General Electric Co. v.
NRC, 750 F.2d'1394 (7th Cir. 1984).
Upon consideration of your request, the Commission has decided
'that it will allow GE the opportunity to submit such additional information as GE deems appropriate relative to the
. issue of whether'to withhold the document-under the Freedom of Information Act (FOIA) exemption 4.
In preparing its submission, the Commission requests that GE specifically address whether, in light of its age'and subject matter, any portions of the report can be segregated and released.
- Also, in any discussion of whether release of the documentLwould-
-harm GE's competitive position so as to exempt it from disclosure under FOIA exemption 4, GE should address fully:
'each of those concerns about competitive harm raised by the Seventh Circuit in its decision, including the age of the report and the: prior public disclosure of the substance of the document, 750 F.2d at 1402-03.
GE should serve its submission upon all prior requestors of the document, as noted on the service list attached to this-letter.
Those individuals and entities will have thirty days from the date of service to respond to'GE's filing.
No further filings will be permitted or considered by the Commission.
fDR O
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s The Commission's action in permitting those additional submis-sions is without prejudice to any disposition it ultimately may make, including a determination to base its decision solely on the record relating to release of the report as it existed at the time of the Commission's initial determination in-Public Service Company of Oklahoma (Black Fox Station, Units 1 and 2), CLI-80-35, 12 NRC 409 - (1982).
Sincerely, f
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CA/ a el J. Chilk S
/
Secretary of the Commission
Attachment:
Service List cc:
Jonathan Young, DOJ, Civil Division Service List
-1.
fa 4'
REED REPORT SERVICE LIST Brian Hunt 1634 E. 3rd Street Tulsa, OK 74120 Leah S. Kosik, Esq.
3454 Cornell Place Cincinnati, OH 45220 Mr. Kyle Cline The Sunbelt Education Foundation 1534 E. 3rd Street Tulsa, OK 74120 Mr. Laurence H. Gross United Press International 3601 North Lincoln Oklahoma City, OK 73105 Susan McGrath, Esq.
Prairie Alliance 44 E. Main Champaign, IL 61820 Mr. Mike Braun 503 E. Stoughton Street Apartment 2
- Champaign, IL 61820 Mr. Carlos Byars Houston Chronicle P.O. Box 4260 Houston, TX 77210 Allan Kanner, Esq.
David Berger, Esq.
1622 Locust Street Philadelphia, PA 19103
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