ML20134F170

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Responds to FOIA Request for SECY-85-80,SECY-85-208 & Transcripts of Commission Meetings at Which Secy Papers discussed.SECY-85-80 Available in PDR.SECY-85-208 Withheld (Ref FOIA Exemption 5)
ML20134F170
Person / Time
Issue date: 08/02/1985
From: Felton J
NRC OFFICE OF ADMINISTRATION (ADM)
To: Silberg J
SHAW, PITTMAN, POTTS & TROWBRIDGE
References
FOIA-85-493 NUDOCS 8508210005
Download: ML20134F170 (3)


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AUG 21B5 Jay Silberg, Esquire Shaw, Pittman, Potts & Trowbridge 1800 M Street, NW IN RESPONSE REFER Washington, DC 20036 TO F01A-85-493

Dear Mr. Silberg:

This is in response to your letter dated July 10, 1985, in which you requested, pursuant to the Freedom of Information Act (F0IA), copies of

1) SECY-85-80, 2) SECY-85-208, and 3) transcripts of any Comission meetings at which these two SECY papers were discussed.

SECY-85-80 was addressed in a previous F0IA request, F01A-85-460. Copies of this request and disclosed portions of SECY-85-80 are filtd in the NRC Public Document Room (PDR) located at 1717 H Street, NW, Washington, DC 20555, under the name Hamblett.

SECY-85-208, identified on the enclosed appendix, is being withheld from disclosure. The document contains the predecisional advice, opinions and recommendation of the staff to the Commission on plans to improve the program for the investigation of significant operational events. Because the document reflects the predecisional process between the Comission and the staff, 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. The document does not contain any reasonably segregable portions and is being withheld in its entirety.

With regard to category 3 of your request, both SECY-85-80 and SECY-85-208 are

" Notation Vote" papers and, therefore, were not discussed at a Comission meeting.

Pursuant to 10 CFR 9.15 of the Commission's regulataons, it has been detennined that the information withheld is exempt fr om production or disclosure and that its production or disclosure is contrary to the public interest. The person responsible for this denial is John C. Hoyle, Assistant Secretary of the Commission.

8508210005 850802 PDR FOIA SILBERG85-493 PDR w

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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 Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555, and should clearly state on the envelope and in the letter that it is an " Appeal of an Initial F0IA Decision."

Sincerely, J. . Felton, Director Division of Rules and Records Office of Administration

Enclosure:

As stated

Re: F01A-85-493 APPENDIX

1. 06/10/85 SECY-85-208, " Incident Investigation Program." (8 pages) l i

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