ML20138F371

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Responds to Appeal of Denial of FOIA Request for Five 1984 Misadministration Repts from Hosps in Chicago,Il Area. Document 1 on App B Encl.Documents 2-5 Withheld (Ref FOIA Exemption 7)
ML20138F371
Person / Time
Issue date: 11/20/1985
From: Chilk S
NRC OFFICE OF THE SECRETARY (SECY)
To: Jim Hickey
SHAW, PITTMAN, POTTS & TROWBRIDGE
Shared Package
ML20138F376 List:
References
FOIA-85-372, FOIA-85-A-31 NUDOCS 8512160074
Download: ML20138F371 (1)


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November 20, 1985 J. Patrick Hickey, Esquire Shaw, Pittman, Potts & Trowbridge IN RESPONSE REFER 1800 M Street NW TO F0!A-85-A-31

-Washington, DC 20036 (F0IA-85-372)

Dear Mr. Hickey:

This is in response to your letter dated July 24, 1985, written on behalf of Ms. Debra Mcdonald of Nuclear Pharmacy, Inc., appealing Mr. J. M. Felton's letter dated June 21, 1985, which denied-in-part Ms. Mcdonald's Freedom of Information Act (F0IA) request for copies of all misadministration reports for the second, third and fourth quarters of 1984 pertaining to 18 specified hospitals. You specifically appealed the denial of the five documents listed in Appendix B of Mr. Felton's letter.

Acting on your appeal, I have carefully reviewed the records in this case and have determined, for the reasons stated below, t. hat the four documents listed on that Appendix B at numbers two through five still require withholding from public disclosure. The document listed on that Appendix B at number one is enclosed. As you indicated in your letter, this document was released in an earlier F0IA request made by Ms. Mcdonald (F01A-84-219). Therefore, your appeal is partially granted and partially denied.

I have been informed by the Nuclear Regulatory Commission's Office of Investigations that while conducting an investigation, NRC became aware of certain information which warranted attention by the Department of Justice (D0J). This matter has been referred to 00J for appropriate action.

Therefore, disclosure is not in the public interest. The four documents listed on Appendix B are being withheld pursuant to Exemption (7)(A) of the F0IA (5 U.S.C. 552(b)(7)(A)) and 10 CFR 9.5(a)(7)(i) of the Commission's regulations.

This is a final agency action. As set forth in the F0IA (5 U.S.C.

552(a)(4)(B)), judicial review of this decision is available in a district court of the United States, in the district in which you reside or have your principal place of business, or in the District of Columbia.

incereib c

R amuel J, W ik Secretar of the Commission

Enclosure:

As stated 8512160074 851120 PDR FOIA HICKEY 85-A 31 PDR