ML20133E210
| ML20133E210 | |
| Person / Time | |
|---|---|
| Issue date: | 06/13/1985 |
| From: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| To: | Garde B GOVERNMENT ACCOUNTABILITY PROJECT |
| References | |
| FOIA-85-210, FOIA-85-A-1 NUDOCS 8507220422 | |
| Download: ML20133E210 (2) | |
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ne D, M OFFICE OF THE SECRETARY Ms. Billie P. Garde Government Accountability Project 1555 Connecticut Avenue, N.W.
I Suite 202 Washington, D.C.
20036 RE:
F0IA APPEAL 85-A-1 (JANUARY 9,1985)(84-210)
Dear Ms. Garde:
This is in response to your letter of January 7,1985 appealing an agency decision under the Freedom of Information Act (F0IA), 5 U.S.C.
552, to withhold from public disclosure, inter alia, a one-page draft letter to E.J. Markey from N.J. Palladino concerning an investigation of the NRC's Region IV office.
For the reasons set out below, the Comission has decided to deny your appeal as it pertains to the document described above.
The document at issue, the final version of which was released to the public in connection with your request under the F0IA, was prepared as part of the Comission's deliberative process in drafting written communications with members of Congress.
Such drafts provide the basis for individual Commissioners or their personal staffs to coment on and/or concur in proposed Commission letters to Congress signed by the Chairman in his capacity as the principal spokesman for the Comission.
See, Section 2, Reorganization Plan No. 1 of 1980. The public release of such draft documents would, in the Comission's view, likely stifle honest and frank comunication among the Comissioners or between a Comissioner and his personal staff to the detriment of the quality of the agency's decisions and communications with Congress.
In light of the above and because the document at issue was both predecisional and deliberative, including the deliberative process of converting the draft document into a final document, the Comission has determined that the draft letter is exempt from mandatory disclosure under exemption 5 of the F0IA.
5 U.S.C. 552(b)(5), 10 CFR 9.5(a)(5). See, Coastal States Gas Corp. v. DOE, 617 F.2d 854, 866 (D.C. Cir. 198'Oli Russell v. Dept.
of the Air Force, 682 F.2d 1045, 104850 (D.C. Cir. 1983). The Comission has further concluded that there are no reasonably segregable portions of the letter. Finally, in light of the public disclosure of the final version of the draft letter, the Comission is unable to identify any overriding public intent in disclosure which requires release of the draft notwithstanding the availability of an exemption 8507220422 850613 PDR FOIA GARDE 85-A-1 PDR
2 under the F0IA. Accordingly, your appeal from the agency's initial December 27, 1984 decision to withhold from public disclosure, inter alia, the draft letter described above is denied in its entirety.
This letter represents the final agency action on your F0IA January 7, 1985 appeal as it relates to the draft Markey letter. Judicial review of this decision is available in the federal district court in the district in which the Government Accountability Project has its principal place of business, or the District of Columbia.
, incere M
Citijk l Samue
/ Secretary of the Comission P
i GOVERNMENT ACCOUNTABILJ1Y PROJECT 1555 Connecticur Awnue, N.W., Sube 202 Washington, D.C. 20036 January 7,1985 (202)232-8550 Ar EL R n a...,_ :.v..u A on b*0 '} $Q (fU-2)Q 1
William J. Dircks
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Executive Director of Operations
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U.S. Nuclear Regulatory Commission
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Washington, D.C.
20555 Re: Appeal from Initial F0I A Decision 84-210
Dear Mr. Dircks:
This is an appeal from an agency decision to not disclose two documents regarding the NRC's investigation into misconduct by NRC officials. Those two documents are:
1.
An undated draft letter and report to R. J. Gary from G. L. Madsen re: Special Inspection at Comanche Peak (15 pages).
2.
Draft letter to E. J. Markey from N. J. Palladino re:
Investigation of NRC's Region IV (1 page).
After a review of the case law and the legislative intent of the Freedom of Information Act ("F0I A"), we believe your agricy's refusal to disclose these documents is in error. We therefore appnl the initial decision and request reconsideration.
Sincerely, ehbh Billie Pirner Garde Citizens Clinic Director BPG:me t/-M h ?"T T4 M~
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