ML20155B062

Responds to 880623 Appeal of NRC 880526 Denial of FOIA Request for Documents Re Lilco.Portions of Encl Document B-1 Withheld (Ref FOIA Exemption 5)

ML20155B062
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	08/30/1988
From:	Chilk S NRC OFFICE OF THE SECRETARY (SECY)
To:	Belair R KIRKPATRICK & LOCKHART
Shared Package
ML20155B068	List: ML20155B062 ML20155B083
References
FOIA-88-63, FOIA-88-A-34 NUDOCS 8810060174
Download: ML20155B062 (1)

Text

_ _ _ _ _ _ _ _ . ___ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ,

9 0 Cao&'o UNITED STATES 8' ' ,t, NUCLEAR REGULATORY COMMISSION

$. ,i W ASHINGTON.O C. 205%

s,.....,l orret or THE August 30, 1988 SECR E T A R Y Robert R. Belair XIRKPATRICK & LOCKHART 1800 M Street, N.W.

Washington, D.C. 20036-5891 Re: F0IA 88-A-34E

Dear Mr. Belair:

This letter responds to your June 23, 1988 appeal regarding the Agency's processing of your January 27, 1988 FOIA request for varicus categories of documents relating to Long Island Lighting Company. You have also appealed the Agency's denial of the document identified on Appendix B (document B-1) of our April 8,1988 response to your initial request (FOIA 88-63).

In response to your appeal, the withheld information was again reviewed. On the basis of this review, it has been detennined that portions of document B-1 should be released. The part to be released is enclosed with this letter. The balance of this document remains withholdable under Exemption 5 of the FOIA.

Document B-1 it an undated memorandum from agency counsel (Willian J. Olmstead) to the Director of the Office of Nuclear Reactor Regulation (Thomas E. Hurley).

In this memorandum, counsel discusses the legal implications of an order of the Shoreham Licensing Board and recomends a course of action relativi to the orde r. This attorney advice, found in the last three paragraphs of the memorandum, is legally withholdable under Exemption 5 of the FOIA (attorney-clientprivilege). All factual infonnation is being released.

This letter represents final agency action on your June 23, 1988 appeal.

Judicial review of the denial of documents is available in Federal c'istrict court in the district in which you reside or have your principal place of business, or in the District of Colun61a.

S cerely.f f M 3aInuEl J .

Secretary )f the Comissio

Enclosures:

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