ML20134D592
| ML20134D592 | |
| Person / Time | |
|---|---|
| Issue date: | 08/01/1985 |
| From: | Felton J NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Bell M NUCLEAR INFORMATION & RESOURCE SERVICE |
| Shared Package | |
| ML20134D595 | List: |
| References | |
| FOIA-85-357 NUDOCS 8508190283 | |
| Download: ML20134D592 (5) | |
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UNITE D STATES
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Atm 01885 Ms. Nina Bell Assistant Director Nuclear Information and Resource Service 1346 Connecticut Avenue, NW, 4th Floor IN RESPONSE REFER Washington, DC 20036 TO F01A-85-357
Dear Ms. Bell:
This is in further response to your letter dated May 8,1985, in which you requested, pursuant to the Freedom of Information Act (F0IA), documents produced by or for the NRC regarding an article published in the New Orleans newspaper Gambit concerning the Department of Energy's Task Force on Comercial Nuclear Power and its involvement in NRC's licensing of nuclear plants.
The documents listed on enclosed Appendix A are being placed in the NRC Public Document Room (PDR) located at 1717 H Street, NW, Washington, DC, in file folder F01A-85-357 under your name.
Enclosed Appendix B is a list.of documents subject to your request that are available in other PDR files.
Document 1 of enclosed Appendix C is a summary of selected issues raised in the GAMBIT article prepared as part of an audit by the NRC's Office of Inspector and Auditor (0IA) which is currently in progress. The document is exempt from mandatory disclosure pursuant to Exemption (5) of the F0IA, 5 U.S.C.
552(b)(5), and the Commission's regulations, 10 CFR 9.5(a)(5). Release of the document would tend to inhibit the open and frank exchange of ideas essential to the deliberative process. There are no reasonably segregable factual portions of this document that are not already in the public record.
- Further, releasing the factual portions of this document would reveal a predecisional evaluation of which facts are important.
(See Russell v. Department of the Air Force, 2 GDS $81,123 (D.D.C. 1981), aff'd., 682 F.2d 1045 (D.C. Cir. 1982)).
Such " selective" facts are, therefore, entitled to the same protection as that afforded to purely deliberative materials as their release would " permit indirect inquiry into the mental processes," Williams v. Department of Justice, 556 F. Supp. 63, 65 (D.D.C. 1982), and so " expose" predecisional agency deliberations. Montrose Chemical Corp. v. Train, 491 F.2d 63 (D.C. Cir. 1974).
The document is being withheld in its entirety.
Documents 2 through 5 of Appendix C are summaries of four interviews with NRC employees prepared as part of the ongoing OIA audit. These documents are exempt from mandatory disclosure pursuant to Exemption (5) of the FOIA, 5 U.S.C. 552(b)(5), and the Comission's regulations,10 CFR 9.5(a)(5).
1 Release of these predecisional, working documents would tend to inhibit the open and frank exchange of ideas essential to the deliberative process, and they are being withheld in their entirety.
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8508190283 850801 1
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'o 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 denial of the information is Ms. Sharon R. Connelly, Director, DIA.
This denial may be appealed to the Commission 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 Commission, Washington, DC 20555, i
and should clearly state on the envelope and in the letter that it is an
" Appeal from an Initial F0IA Decision."
Sjgcerely acke<%"s
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M.
elton, Director Division of Rules and Records Office of Administration
Enclosures:
As stated i
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i 7-Re: F01A-85-357 l
APPENDIX A
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1.
4/18/85 Letter from Markey to Palladino regarding DOE Task Force (2 *pages) 2.
4/29/85 Letter from Palladino to Markey regarding OIA review of NRC relationship with DOE (1 page) 3.
4/29/85 Memorandum from Palladino to Connelly regarding NRC review of relationship with DOE (1 page) 4.
5/20/85 Memorandun from Connelly to Palladino regarding Congressman Markey's 4/18/85 request for flRC review of relationship with 00E (1 page) 1 e
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Re: FOIA-85-357 APPENDIX B DATE DOCUMENT DESCRIPTION ACCESSION NUMBER
- 1. 4/11/85 LILC0 Response to Intervenor's Motion for Investigation 8504120448 of DOE Influence on Shoreham 1
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Re: F01A-85-357 APPENDIX C DATE DOCUMENT DESCRIPTION 1.
Undated Sumary of selected issues from 3/30/85 Gambit article 2.
5/29/85 Interview of NRC employee 3.
6/5/85 Interview of NRC employee 4.
6/12/85 Interview of NRC employee 5.
6/14/85 Interview of NRC employee d
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\\ucear In"ormation anc Resource Service 1346 Connecticut Avenue NW. 4th Floor Washington. D C 20036 (202) 296 7552 May 8, 1985 FREEDOM Or INFORMATEN James M.
Felton, Director Division of Rules and Records Office of Adminstration For A-es-ss1 U.S. Nuclear Regulatory Commission Washington, D.C.
20555
,g 4/p FREEDOF4 OF INFORMATION ACT REOUEST
Dear Mr. Felton:
Pursuant to the Freedom of Information Act, 5 U.S.C.
522, as amended, the Nuclear Information and Resource Service requests any documents produced by or for the NRC regarding an article that appeared in the New Orleans newspaper, Gambit, on March 30, 1985.
This article is attached.
Please consider " documents" to include reports, correspondence, memoranda, meeting notes, meeting minutes, working papers, graphs, charts, diagrams, notes and summaries of conversations and interviews, and any other forms of written communication, including internal NRC Staff and Commissioners' memoranda.
In our opinion, it is appropriate in this case for you to waive search charges, pursuant to 5 U.S.C. 552 (a) (4) ( A) "because furnishing the information can be considered as primarily benefiting the general public."
The Nuclear Information and Resource Service is a non-profit organization serving local organizations concerned about nuclear power and providing infor-mation to the general public.
Information required by 10 CFR 9.14a was provided by letter dated August 3, 1984.
The article referred to in this request concerns the Department of Energy Task Force on Commercial Nuclear Power and its involvement in NRC's licensing of nuclear plants.
NIRS will provide the documents made available pursuant to this request to the news media and to intervenors in NRC's licensing proceedings.
1 Sincerely, yk
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Nina Bell Assistant Director cc: File 2.
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