ML20151F937
| ML20151F937 | |
| Person / Time | |
|---|---|
| Issue date: | 04/13/1988 |
| From: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| To: | Connor L DOC-SEARCH ASSOCIATES |
| Shared Package | |
| ML20151F941 | List: |
| References | |
| FOIA-87-744, FOIA-88-A-11 NUDOCS 8804190078 | |
| Download: ML20151F937 (2) | |
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gw j OFFICE OF THE April 13, 1988 SECRETARY Ms. Lynn Connor Doc-Search Associates P.O. Box 7 Cabin John, MD 208:'3 Re:
Dear Ms. Connor:
This letter responds to your February 11, 1988 appeal of this agency's denial of documents and portions of documents identified on Appendices B and C of our January 13, 1988 response to F01A-87-744.
In response to your appeal, the withheld material was again reviewed.
On the basis of this review, it has been detemined that portions of documents C-3 and C-7 shculd be released. Copies of these documents are enclosed. With regard to the balance of denied dccuments or portions of documents, I affim the agency's initial determination in this matter.
The denied portions of documents B-1, B-3 and B-4 consist of the personal, handwritten notes of an agency employee. These notes, which are maintained in the employee's personal files, are neither created at the direction of the agency nor used by the agency in carrying cut its regulatory responsibilities.
Consequently, they do not qualify as "agency records" for purposes of the Freedom of Infomation Act ("F0IA").
Document B-2, a discussion paper on an April 18, 1986 senior management i
meeting was properly withheld under Exemption 5 of the F0IA. This document, which is prepared for the review of an individual Comissioner, contains the advice, impressions and analyses of its author and is used by the Conunission in formulating policy.
With regard to the items listed on Appendix C, documents C-1, C-3 (in part), C-5, C-8, C-9, C-14, C-18, C-21, C-25, C-27, C-28, C-29, and C-33 are all the personal, handwritten notes of an agency employee. These notes, which are maintained in the personal files of the employee, do not constitute "agency records" as they are not created at the direction of the agency nor used by the agency in fulfilling its regulatory responsibilities. Documents C-2, C-4, C-6, C-7 (in part), C-10, C-11, C-12, C-13, C-15, C-16, C-17, C-19, C-20, C-22, C-23, C-24, C-26, C-30, C-31, C-32, C-34 and C-35 consist of briefing and discussion papers prepared for the review and use of er individual Commissioner.
These notes contain the analyses, impressions, opinions and advice of their author and are used by the Commissioner in formulating policy.
Consequently, they were properly withheld under Exenption 5 of the F0IA.
eso4190078 000413 PDR FOIA CONNOR88-A-11 PDP
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a, 2-This letter represents final agency action on your February 17, 1988 appeal. Judicial review of the agency's decision in this matter is available ia c deral District Court in the district in which you reside or e
have your principal place of business, or in the District of Columbia.
S cerely muel J. Chilk SecretaryLof the Consnission i
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