ML20199E472

Responds to FOIA Request for SECY-85-367A & SECY-85-371. Forwards Portions of Documents Listed in App.Info Also Available in Pdr.App Documents Partially Withheld (Ref FOIA Exemption 5)

ML20199E472
Person / Time
Site:	Palo Verde, 05000000, Black Fox
Issue date:	02/06/1986
From:	Grimsley D NRC OFFICE OF ADMINISTRATION (ADM)
To:	Rader R CONNER & WETTERHAHN
Shared Package
ML20199E476	List: IA-85-826, Partially Released Commission Paper Recommending NRC Response to co-owner Petition for Exemption from License Fee for Withdrawn CP Be in Form of Order.Draft Order Encl ML20199E472 ML20199E856 ML20199E864
References
FOIA-85-826 SECY-85-367A, SECY-85-371, NUDOCS 8603270236
Download: ML20199E472 (3)

Text

- ,

9OR-DN  :

@f ..%'o UNITED STATES N

8 NUCLEAR REGULATORY COMMISSION

( $ WASHINGTON, D. C. 20555

%...../

M9 0 6 msg Robert M. Rader, Esquire Conner.& Wetterhahn, P.C.

1747 Pennsylvania Avenue, NW IN RESPONSE REFER Washington, DC 20006 TO F01A-85-826

Dear Mr. Rader:

This is in response to your letter dated December 13, 1985, in which you requested, pursuant to the Freedom of Information Act (F0IA), copies of SECY-85-367A and SECY-85-371.

The two SECY papers, which are identified by portions as separate documents on the enclosed appendix, are being withhel.d in part. Portions of document 1 and the entire document 3 contain the predecisional legal analyses, opinions, and recommendations of the Office of the General Counsel (OGC) for the Comissioners' consideration of permitting the proposed sale and leaseback transaction. Portions of document 4 and the entire document 8 contain the predecisional legal analyses, opinions, and recommendations of OGC for the Comissioners' response to the owners' request for a refund of the Black Fox Station' license fee. Because the documents reflect the. predecisional process between 0GC and the Commissioners, the documents and portions thereof are exempt from mandatory disclosure pursuant to Exemption 5'of the F0IA, 5 U.S.C. 552(b)(5), and the Commission's regulations at 10 CFR 9.5(a)(5).

Release of the documents would tend to inhibit the open and frank exchange of ideas essential to the deliberative process. Documents 3 and 8 do no.t contain any reasonably segregable factual portions and are being withheld in theie entirety.

The releasable portions of documents 1 and 4,.and documents 2 and 5 through 7 are being placed in the NRC Public Document Room located at 1717 H Street, NW, Washington, DC 20555, in file folder F01A-85-826 in your name.

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 this denial is Mr. James A. Fitzgerald, Assistant General Counsel.

8603270236 860206 PDR FOIA RADERBS-826 PDR

Robert M. Rader, Esquire 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, yhtS ntA Donnie H. Grimsley, Direct r Division of Rules and Records Office of Administration

Enclosure:

As stated l

l l

l l

.,~

Re: F01A-85-826-APPENDIX

1. 11/22/85 SECY-85-367A, Memorandum from H. E. Plaine, General Counsel, to the Commissioners, Sub,iect: Public Service .

Company of New Mexico's Proposed Sale and Leaseback Transaction For Refinancing Its Interest In Palo Verde 1. Pages 1-2 purpose and summary section; and pages 4-18 the discussion section, are being withheld.

2. Attachment 1 Federal Register Notice: Vol. 50, No. 214, pages to SECY-85-367A 45955-57, November 5, 1985.

3. Attachment 2 Draft order re: Application In Respect of a Sale and to SECY-85-367A Leaseback Financing Transaction By Public Service Company of New Mexico, filed by Arizona Public~

Service Company. (2 pages) [ withheld in entirety]

4. 11/25/85 SECY-85-371 , memorandum from W. H. Briggs, Solicitor, to the Commission,

Subject:

Request for Refund of Black Fox License Fee. Pages 1-2, half of the discussion section are being withheld.

5. Enclosure 1 Application for Waiver of Withdrawal Fees under to SECY-85-371 10 C.F.R. 6170.7.2(b) by the "BFS Co-0wners"; and Brief In Support, filed 06/14/85.

6. Enclosure 2 Norry letter to Fate, of 9/18/85 responding to to SECY-85-371 6/12/85 lette, requesting waiver of 10 C.-F.R.

170 fees for cost incurred for review of withdraws-Black Fox Station construction permit application.

7. Enclosure 3 Petition For Reconsideration and Request for Audit to SECY-85-371 Inspection, filed by the "BFS Co-0wners," 10/30/85.

8. Enclosure 4 Draft order responding to petitioners request.

-to SECY-85-371 (4 pages) - [ Withheld'in entirety]

l l

l