ML20138H048

Responds to FOIA Request for SECY-85-152 & Commission 850523 Order.Forwards App Documents.Commission Order & Attachment 1 to Secy Placed in Pdr.Portions of SECY-85-152 Being Withheld (Ref FOIA Exemption 5)

ML20138H048
Person / Time
Site:	Bailly
Issue date:	12/06/1985
From:	Grimsley D NRC OFFICE OF ADMINISTRATION (ADM)
To:	Aftergood S GOVERNMENT ACCOUNTABILITY PROJECT
Shared Package
ML20138H052	List: IA-85-636, Sanitized Version of Commission Paper Recommending That Attached Order Be Issued Denying Business & Prof People for Public Interest Request for Award of Atty Fees Under Equal Access to Justice Act ML20138H048 ML20138H057
References
FOIA-85-636 SECY-85-152, NUDOCS 8512170014
Download: ML20138H048 (3)

Text

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UNITED STATES 8 S. - NUCLEAR REGULATORY COMMISSION y WASHINGTON, D. C. 20555

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~!!T f ~535 Mr. Steven Aftergood, Executive Director Committee to Bridge the GAP 1637 Butler Avenue #203 IN RESPONSE REFER Los Angeles, CA' 90025 TO F0IA-85-636-

Dear Mr. Aftergood:

This is in response to your letter dated September 11, 1985, in which you requested, pursuant to the Freedom of Information Act (F0IA), copies of

1) SECY-85-152, entitled, " Disposition of Application for Award of Attorney Fees Under Equal Access to Justice Act by Business and Professional People for the Public Interest; 2) the Application for Award of Attorney Fees addressed in SECY-85-152; and 3) the Order approved by the Commission disposing of the Application.

Item 2 of your re. quest, which is Attachment 1 to SECY-85-15.2, and Item 3 are already available in. the NRC Public Document Room (PDR) located at 1717 H Street, NW, Washington, DC 20555. On the enclosed appendix, I have indicated the file locations beside the document descriptions.

SECY-85-152 is being withheld in part. Portions of SECY-85-152 and Attachment 3 contain the predecisional legal advice, analyses, and recommendations of the Office of the General Counsel to the Commission concerning a specific legal matter related to an adjudicatory proceedirg.

Release of these portions of the document would tend to inhibit the opn and frank exchange of ideas essential to the deliberative process. The information is exempt from mandatory disclosure pursuant to Exemption b of the FOIA, 5 U.S.C. 552(b)(5), and the Commission's regulations at 10 CFR 9.5(a)(5). All segregable factual portions of the document are being placed in the PDR in file folder F0lA-85-636 in your name and are enclosed.

Pursuant to 10 CFR 9.15 of the Commission's regulations, it has been determined that the information withheld is exempt from production nre disclosure and that its production or disclosure is contrary to,the public interest. The person responsible for this denial is Mr. James ,~ . Fitzgerald, Assistant General Counsel.

8512170014 851206 PDR FOIA AFTERGO85-636 PDR L

', . Re: F.01 A-85-636 -

APPENDIX

1. 04/29/85 SECY-85-152, " Disposition of Application for Award of Attorney Fees Under. Equal Access to Justice Act'by Business and

' Professional People for the Pu'blic Interest (Northern Indiana

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Public Service Company, Bailly 1, Docket No. 50-367) [ Releasable portions being placed in the PDR.]

Attachment 1.'to.SECY-85-152: " Application for Award of fees and Expenses Under the Equal Access to Justice Act," dated 06/04/82. PDR Accession #8206090144. [This is Item 2 of your request.]

Attachment 2 to SECY-85-152: Comptroller General of United States Opinion. [This document is being placed in tha PDR.]

Attachment 3 to SECY-85-152: Undated draft Order. [Being withheld under Exemption 5.]

2. 05/23/85 Commission Order disposing of the Application. PDR Acc.ession

1. 8508010530 .

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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 from an Initial F0IA Decision."

Sincerely, Donnie H. Grimsley Division of Rules and Records Office of Administration

Enclosure:

As stated l