ML20133Q313

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Responds to FOIA Request for Records Re Commissioner Bernthal 850520 Presentation to AIF in Dallas,Tx.App a Documents Available in Pdr.App B Documents Withheld (Ref FOIA Exemption 5)
ML20133Q313
Person / Time
Issue date: 07/30/1985
From: Felton J
NRC OFFICE OF ADMINISTRATION (ADM)
To: Garde B
GOVERNMENT ACCOUNTABILITY PROJECT
Shared Package
ML20133Q315 List:
References
FOIA-85-487 PDR-016, PDR-16, NUDOCS 8508150097
Download: ML20133Q313 (3)


Text

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UNITED STATES E' n NUCLEAR REGULATORY COMMISSION h WASHINGTON, D. C. 20555

,,,,,# JUL 3 019Re Ms. Billie Pirner Garde Citizens Clinic Director Government Accountability Project 1555 Connecticut Avenue, NW, Suite 202 IN RESPONSE REFER Washington, DC 20036 TO F01A-85-487

Dear Ms. Garde:

This is in response to your letter dated June 29, 1985, in which you requested, pursuant to the Freedom of Information Act (F0IA), copies of records related to the presentation given by Comissioner Frederick Bernthal to the Atomic Industrial Forum (AIF) in Dallas, Texas, on May 20, 1985.

The document identified on enclosed Appendix A is being placed in the NRC Public Document Room (PDR) located at 1717 H Street, NW, Washington, DC 20555, in file folder FOIA-85-487 in your name.

The three documents identified on enclosed Appendix B are being withheld. The documents contain the predecisional analysis, opinions, and recomendations between Comissioner Bernthal and his staff on topics to be discussed in his upcoming speech to the AIF. Because these documents reflect the predecisional process in the communications between the Comissioner and his staff, the documents are exempt from mandatory disclosure pursuant to Exemption 5 of the F0IA, 5 U.S.C. 552(b)(5), and the Comission's regulations,10 CFR 9.5(a)(5).

Release of the documents would tend to inhibit the open and frank exchange of ideas. The documents do not contain any reasonably segregable portions and are being withheld in their entirety.

Pursuant to 10 CFR 9.15 of the Comission'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 Mr. John C. Hoyle, Assistant Secretary of the Comission.

This denial may be appealed to the Secretary of the Commission within 30 days from the receipt of this letter. Any such appeal must be in writing, addressed to the Secretary of the Comission, 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 FOIA Decision."

Sin rely, M. Felton, Director Division of Rules and Records Office of Administration

Enclosures:

As stated 8508150097 e50730 PDR hDE g7

- Re: F01A-85-487 APPENDIX A DOCUMENTS BEING RELEASED

1. 5/20/85 Renarks by Frederick M. Bernthal, Comissioner, U.S. Nuclear
Regulatory Comission, to Atomic Industrial Forum, Inc.,

! Conference on New Directions in Licensing in Dallas, Texas.

! (8 pages)-

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- Re: F01A-85-487 I

APPENDIX B DOCUMENTS BEING WITHHELD

1. 5/10/85 Memo from Comm. Bernthal to his personal staff regarding subjects to be covered in Dallas AIF speech. (1 page)
2. Undated Comments for Comm. Bernthal on various subjects to be covered in Dallas AIF speech prepared by personal staff.

(12 pages)

3. Undated Memo from Comm. Bernthal to personal staff regarding subjects to be covered in Dallas AIF speech. (1 page) 1 h

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