ML20128P073
| ML20128P073 | |
| Person / Time | |
|---|---|
| Issue date: | 05/31/1985 |
| From: | Felton J NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Adato M UNION OF CONCERNED SCIENTISTS |
| Shared Package | |
| ML20128P077 | List: |
| References | |
| FOIA-84-601 NUDOCS 8507260328 | |
| Download: ML20128P073 (4) | |
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! Ac uself t3 STATES NUCLEAR RECULATORY COMMISSION e
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4 Ms. Michelle Adato [
Union of Concerned Scientists 1346 Connecticut Avenue, NW, Suite 101 IN RESPONSE REFER l Washington, DC 20036 TO F01A-84-601 *
Dear Ms. Adato:
This is in further requested, response pursuant to your letter to the Freedom dated July of Information Act(19, FOIA), 1984, thatincopies which of you ,
I (1) SECY-84-249, and (2) all other documents concerning options for handlino t allegations be made available at the NRC Public Document (POR), 1717 H Street, NW, Washington, DC 20555.
The releasable portion of document one of enclosed Appendix B is being placed in the NRC Public Document Room (POR), 1717 H Street. NW, Washington. 0C, for inspection and copying. The document will be filed in PDR folder F0!A 85-601 under your name.
A portion of document one of enclosed Appendix B and documents one, two, seven, and nine of enclosed Appendix C in their entirety are being withheld !
because they consist of coments on draf ts and/or are preliminary documents containing the predecisional advice, opinions, and recomendations of various members of the Office of Investigations staff regarding the tracking of alle-gations. The release of these documents would tend to inhibit the free and candid exchange of ideas and opinions that is essential to the creation of the agency's tracking system. Documents three, four, five, and eight of Appendix C are being withheld in their entirety because they contain information which j' constitutes advice, opinions and recomendations of the staff. The documents listed on Appendix C do not contain any reasonably segregable factual portions.
The information in these documents is being withheld from public disclosure -
pursuant to Esemption (5) of the F0!A (5 U.S.C. 552(b)(5)) and 10 CFR 9.5(a)(5) ,
of the Cnmission's regulations. !
Document six of enclosed Appendix C contains the predecisional legal analysis, '
coinions and recomendations nf the General Counsel to the Comissioners on late allegations in ad.ludicatory proceedings. Because the document reflects l the predecisional procell between the General Counsel and the Comissioners, the document is also encept from nandatory disclosure pursuant to Exerption 5 of the FO!I. Release of the docunent would tend to inhibit the open and frank exchange of ideas essential to the deliberative process, lhe document does ;
not contain any reasonably segreg.ible factual portions. This document is being)withheldinitsentirety)underExemption5oftheFOIA(5U.S.C.
552(6(5))and10CFR9.5(a)(5 of the Comission's regulations.
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l Pursuant to 10 CFR 9.9 and 9.15 of the Cormnission's regulations, it has been I determined that the information withheld is exempt from production or disclosure and that its production or disclosure is contrary to the public interest. The persons responsible for the denial of documents three, four and five on Appendix C are the undersigned and Mr. James G. Keppler, Regional l Administrator, Region!!!(Chicago). The persons responsible for the denial !
of document eight of Appendix C are the undersigned and Mr. James M. Taylor, l Director Division of Inspection and Enforcement.
The person responsible for the denial of document one on Appendix B, and '
documents one, two, seven, and nine on Appendix C is Mr. Ben B. Hayes.
Director, Office of Investigations. The person responsible for the denial of document six on Appendix C is Mr. James A. Fitzgerald, Assistant General Counsel.
The denials by Mr. James G. Keppler, Mr. James M. Taylor and myself may be appealed to the Executive Director for Operations within 30 days fron the l receipt of this letter. Any such appeal must be in writing, addressed to the !
Executive Director for Operations, 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 F01A Decision." The denials by l Mr. Ben B. Hayes and Mr. James A. Fitzgerald may be appealed within 30 days t to the Commission and should be addressed to the Secretary of the Comission. ;
This completes action on your request. L Si oly, !
'.'ofj t
. M. Felton, Director :
Division of Rules and Records !
Office of Administration i Enclosures As stated i
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Re: F0!A-84-601 APPENDIX R (Documentswithportionswithheld)
- 1. !?/13/83 Meno for Hayes from Schofield. Subiect: Meetino Regarding Upgrading the Allegation Trackino Systen (2 pages)
o t
- O Pe: F01A-84-601 APPENDIX C (Docunents withheld in their entirety)
- 1. 11/01/82 Memo for DeVoung fren Fitzgerald
Subject:
NPC Allegation Tracking Systen (2 pages)
- 2. 01/06/04 Memo for Rehm fron Hayes,
Subject:
Oraft Paper on Staff Processing of Allegations (1 page)
- 3. 04/05/84 Memo for Fox frcm Weil,
Subject:
Connents on Updating Allegation Data Forr (3 pagas) 4 05/29/84 Note for Weil from Davis,
Subject:
Management Of Allegations (1 page) 5, Of>/12/84 Penn for DeVouno from rcppler, Sub.iect: NDC Parual Chapter 0517
- "Managerent Of Allegations" ( ATTS F03034564) (4 pages)
- 6. 06/20/84 SECY 84 249, ficturandun to the Commissioners f ront Plaine.
Subject:
Late Allegations (4fi pagos)
- 7. 06/21/84
Subject:
Proposed System to Handic Meno for Hayes Last Minuto from Ward,6 Allegations ( paqos)
- 8. 07/10/84 Memo for Dircks from DeYoung, tubjact: Prot.osed NRC Panual Chapter 0517. " Par.acement of Allegations" (27 paocs)
- 9. Undated Memo for Detoung from Heyes,
Subject:
Draft MC 0517 (3 Danes)
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