ML20199M078
| ML20199M078 | |
| Person / Time | |
|---|---|
| Issue date: | 07/01/1986 |
| From: | Child S, Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| To: | Garde B GOVERNMENT ACCOUNTABILITY PROJECT |
| References | |
| FOIA-86-40, FOIA-86-A-63C NUDOCS 8607100093 | |
| Download: ML20199M078 (1) | |
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%***** v4;j July 1, 1986 OFFICE OF THE SECRETARY Vs. Billie P. Garde, Director Environmental Whistleblower Clinic Government Accountability Project 1555 Connecticut Avenue, N.W.
Suite 202 IN RESPONSE REFER Washington, D.C. 20036 TO 86-A-63(86-40)
Dear Ms. Garde:
This letter responds to your April 11, 1986 appeal of our denial of documents in our April 3, 1986 response to F0IA 86-40.
In response to your appeal, the documents withheld pursuant to this request were re-reviewed. I affirm the Agency's initial action with regard to all of the documents.
The documents are being withheld pursuant to Exemption 5 of the Freedom of Information Act (F0IA) because they contain the predecisional legal dnalysis, opinions, and recommendations of the Office of the General Counsel and the Office of Executive Legal Director concerning a draft proposed rule. They constitute part of the Agency's predecisional
' process. The purpose of the deliberative process privilege is to
" prevent injury to the quality of agency decisions." NLRB v. Sears Roebuck & Company, 421 U.S.132,151 (1975). Disclosure of these predecisional documents would be likely to " stifle honest and frank communication within the agency." Coastal States Gas Corp. v. Depart-ment of Eneray, 617 F.2d 354, 866 (D.C. Cir. 1980). Additionally, Documents 2 and 5 on Appendix A are drafts and, are accordingly, withholdable under exemption 5.
Finally, it would be misleading and could lead to confusion to release these documents, because no proposed rule has yet been issued.
Accordingly, it would not be in the public interest to release these documents.
This letter represents final agency action on your April 11, 1986 F0IA Appeal. Judicial review of the denial of documents is available in Federal district Court in the district in which you reside or have your principal place of business, or in the District of Columbia.
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APR 3 EE6 Ms. Billie Pirner Garde, Director Environmental Whistleblower Clinic Government Accountability Project 1555 Connecticut Avenue, NW, Suite 202 IN RESPONSE REFER Washington, DC 20036 TO F01A-86-40
Dear Ms. Garde:
This in partial response to your letter dated January 14, 1986, in which you requested, pursuant to the Freedom of Information Act (FOIA), copies of documents generated in connection with SECY-85-404, " Unauthorized Disclosures of Sensitive Information - Availability of Administrative Sanctions Against NRC Employees and Special Government Employees," dated December 23, 1985.
1 The documents identified on enclosed Appendix A contain the predecisional legal analyses, opinions and recommendations of the Office of the General Counsel (0GC) to the staff concerning proposed rulemaking. Because the documents reflect the predecisional process between 0GC and the staff, they 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. The documents contain no reasonably segregable factual portions and are being withheld in their entirety.
SECY-85-20, entitled, " Relationship Between Investigations / Inspections and Adjudications (SECY-84-276/276A) - Proposed Amendments to 10 CFR Parts 0 and 2 Establishing Special Ex Parte In Camera Procedures for Resolving Conflicts Concerning the Disclosure or Nondisclosure of Information," was addressed in our response to a previous FOIA request and released in part. The released portions of the document are available in the NRC Public Document Room, located at 1717 H Street, NW, Washington, DC 20555, in file folder FOIA-85-409 under the name Ryan.
Pursuant to 10 CFR 9.15 of the Commission's regel ons, it has been determined that the information withheld is exe om production or disclosure and that its production or disclosure . contrary to the public interest. The person responsible for this denial is Mr. James A.
Fitzgerald, Assistant General Counsel.
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Ms. Garde This denial may be appealed to the Secretary of the Commission within 30
,g' 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 FOIA Decision.
The search for and review of documents that are subject to your request are continuing. We will notify you upon completion of the search and review.
Sincerely,
, f);;,o- f .
^^W Donnie H. Grimsley, Direct r Division of Rules and Records Office of Administration
Enclosure:
As stated a
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RE: FOIA-86-40 APPENDIX A DOCUMENTS BEING WITHHELD
- 1. Memorandum of 12/11/84 from Fitzgerald to Cunningham re: Comments on Proposed Amendments to 10 CFR Part 2 (2 pages)
- 2. Enclosure to Fitzgerald Memorandum of 12/11/84: Draft i
Federal Register Notice of Proposed Rulemaking (24 pages)
- 3. Memorandum of 12/13/84 from Fitzgerald to Cunningham re: Supplementary Comments to Fitzgerald memorandum of 12/11/84 (1 page)
- 4. Memorandum of 12/9/85 from Rothschild to Mapes re: Comments on draft SECY-85-20 (2 pages)
- 5. Draft of SECY-85-20 (31 pages) r.
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Government Accountability Project 1555 Connecticut Avenue, N.W.. Suite 202 Washington, D.C. 20036 (202) 232-8550 llillie Garde Director, Environmental Whiuleblower Ginic January 14, 1986 FREEDOM OF INFORMATION ACT REQUEST NidDUM OF llWOftM A f !h ,
ACT REQUEST Director Office of Administration for A-8L.-40 Nuclear Regulatory Commission Washington, D.C. 20555
/-1/-[h To Whom It May Concern:
Pursuant to U.S.C. 552, the Freedom of Information Act ("FOIA"), 5 the Government Accountability Project (" GAP") -
requests copies of any and all agency records and information, including but not limited to notes, letters, memoranda, drafts, minutes, diaries, logs, calendars, tapes, transcripts, summaries, interview reports, procedures, instructions, engineering analyses, drawings, files, graphs, charts, maps, photographs, e agreements, handwritten notes, studies, data sheets, notebooks, books, computer telephone runoffs, messages, computations, voice recordings, any other data compilations, interim and/or final reports, status reports, and any and all other records relevant to and/or generated in connection with SECY 85-404,
" Unauthorized Disclosures of Sensitive Information - Availabilit of Administrative Sanctions Agair.st NRC Employees and Special y Government Employees," December 23, 1985.
all records Specifically, we seek study. that describe the circumstances which generated this This request C.F.R. includes all agency records as defined in 10
{9.3a(b) and A.3 (approved October and the NRC Manual, Appendix 0211, Parts 1.A.2 8,
1980) whether they currently exist in any at the NRCother official, location," working", investigative or other files, or including private residences.
If any records as defined in 10 C.F.R.
Manual, . supra, {9.3a(b) and the NRC and/or removed after this request,and covered by this request have been destro records, including but not limited to please a provide all surrounding have been or are destroyed and/or removed, alistdescription of all records which action (s) taken relevant to, of the issued in order to implement generated the action (s). in connection with, and/or 46 w i , , n o f 33
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GAP req'uests that fees be waived, because " finding the information can be considered as primarily benefitting the i
general public," 5 U.S.C. {552(a)(4)(a). GAP is a non-profit, non-partisan public interest organization concerned with honest and open government. Through public outreach, the Project '
I promotes whistleblowers as agents of government accountability.
Through its Citizens Clinic, GAP offers assistance to local public interest and citizens groups seeking to ensure the health j and safety of their communities.
t We are requesting the above information as part of an ongoing monitoring project on the adequacy of the NRC's efforts
- to protect public safety and health at nuclear power plants.
2 For any docu:. tents or portions that you deny due to a j specific FOIA exemption, please provide an index itemizing and i describing the documents or portions of documents withheld. The j index should provide a detailed justification of your grounds for claiming each exemption, explaining why each exemption is ,
relevant to the document or portion of the document withheld.
This index is required under Vaughn v. Rosen (I), 484 F.2d 820 i (D.C. Cir. 1973), cert. denied, 415 U.S. 977 (1974).
We look forward to your response to this request within ten
! days.
1 i Sincerely, Nb RE Billie Pirner Garde
- Director I
4 Environmental Whistleblower Clinic i
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