ML20138M395

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Responds to FOIA Request for Ofc of Inspector & Auditor Repts Dealing W/Reactor Safeguards Program.App Identifies Documents Being Withheld (Ref FOIA Exemption 5).Request Denied
ML20138M395
Person / Time
Issue date: 12/13/1985
From: Grimsley D
NRC OFFICE OF ADMINISTRATION (ADM)
To: Aftergood S
COMMITTEE TO BRIDGE THE GAP
References
FOIA-85-577 NUDOCS 8512200454
Download: ML20138M395 (2)


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. UNITED STATES 3 8 o NUCLEAR REGULATORY COMMISSION

E WASHINGTON, D. C. 20555 s

N ,. .. e/ aretoem 0l9 Mr. Steven Aftergood Committee to Bridge the GAP 1637 Butler Avenue #203 IN RESPONSE REFER Los Angeles, CA 90025 TO F01A-85-577

Dear Mr. Aftergood:

This is in respense to' jour letter dated August 13, 1985, in which you

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requested, pursuant to the Freedom of Information Act (F0IA), copies of two reports prepared by the NRC's Office of Inspector and Auditor dealing with the NRC's reactor safeguards program.

The two documents identified on the enclosed Appendix are bcing withheld from disclosure pursuant to Exemption 5 of the F0IA (5 U.S.C. 552(b)(5)) and 10 CFR 9.5(5) of the Commissica's regulations because these documents are critical, self-evaluati.ve reports prepared by the Office of Inspector and Auditor on the NRC's reactor safeguards program. There are no reasonably segregable portions becaase release of the facts would permit an indirect inquiry into the predecisional process of the agency.

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 two reports identified on the Appendix 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 Commission, Washington, DC 20555, and should clearly state on the envelope and in the letter that it,is an " Appeal from an Initial F0M Decision."

Sincerely,

$&Y wd 3 Donnie H. Grimsley, Director Division of Rules and Records Office of Administration

Enclosure:

As stated 0

B512200434 851213 PDR FOIA j AFTERGOB85-577 PDR -

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a c Re: F01A-85-577 APPENDIX RECORDS SUBJECT TO F01A-85-577 WITHHELD IN THEIR ENTIRETY

1. 04/83 " Report to the Comission - Review of NRC's Reactor Safeguards Program," Office of Inspector and Auditor (128 pages).
2. 06/25/84 Memorandum for Chairman Palladino, Comissioner Gilinsky, Comissioner Roberts, Comissioner Asselstine, and Comissioner Bernthal from George H. Messenger, Acting Director, Office of Inspector and Auditor, entitled " Follow-up on Actions Taken on OIA's Report Entitled ' Review of NRC's Reactor Safeguards Program'" (5 pages).