ML20205A440
| ML20205A440 | |
| Person / Time | |
|---|---|
| Site: | Sequoyah  |
| Issue date: | 09/15/1988 |
| From: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| To: | Airozo D INSIDE N.R.C. (MCGRAW-HILL PUBLICATION) |
| Shared Package | |
| ML20205A444 | List: |
| References | |
| FOIA-88-228, FOIA-88-A-37, FRN-53FR17709, RTR-NUREG-0900, RTR-NUREG-1226, RTR-NUREG-900, RULE-PR-140-MISC, RULE-PR-60, RULE-PR-61 NUDOCS 8810250514 | |
| Download: ML20205A440 (2) | |
Text
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s U elTED STATES
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. NUCLEAR REGULATORY COMMISSION i
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OF FICE OF THE September 15, 1988 SECRETARY Dave Airozo Managing Editor Inside NRC Washington, D.C.
RE:
FOIA Appeal 88-A-37C
Dear Mr. Airozo:
This letter responds to your June 29, 1988 appeal of this Agency's dental of the documents identified on Appendix A of our June 16, 1988 response to FOIA 88-228.
In response to your appeal, the withheld raterial was again reviewed.
On the basis of this review, it has been determined that the notation vote sheets you requested were properly withheld pursuant to Exemption 5 of the FOIA.
It has also been determined, however, that the final votes of the Comissioners should be released.
This material is enclosed wi+!,
this letter.
Notation vote sheets are used when the Commission is asked to decide minor policy issues or other matters that do not require a formal vote at a Comission meeting.
The vote sheets contain the individual views, concerns, opinions, directives, and recomendations of the Comissioner and are used as a means of making the positions and requirements of the individual Comissioners known to the other Comissioners as well as to subordinate agency staff.
The vote sheets are predecisional as they are used by the Comission in formulating agency policy.
Moreover, the views, positions, and the vote itself may be changed at any time before the Comissioners' final vote is nemorialized in the Staff Requirements Memorandum.
The vote sheets are also deliberative as they contain directives to subordinate staff personnel, solicit further advice, and in general, reflect the give and take exchange of ideas between the Comissioners and subordinate agency personnel.
Release of these vote sheets would impa' the deliberative process by stifling the open and frank exchange of tdeas. Moreover, disclosure of the vote sheets and correspondingly, the process by which agency decisions are made, could impair the very int grity of the l
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Dave Airo o 2
deliberative process. The final votes of the Comm Jsioners are recorded in Staff Requirements Memoranda that are being made available to you.
This letter represents final Agency action on your June 29, 1988 appeal.
Judicial review of the denial of this information 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 Colurbia, incerely,f j
( Samue '. Ch 1k Secretary of he Commission
'2nclosures: As stated l
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r The Staff Requirements Memoranda for SECY 88-41 and 88-42 contain detailed directives, questions and recommendations for the staff to address in advar.ce of implementation of the policies at issue in the papers. This inforration is being withheld pursuant to Exemption 5 of the FOIA. The withheld information is predecisional; it is also deliberative as it reflects the give and take exchange of ideas between i
the Commissioners and subordinate agency staff.
Release of this information would reveal to the public the agency's decisionmaking process and thereby impair that process.
Release of this information could also stifle the candid and open exchange of ideas in the future.
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