ML20205D393

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Responds to FOIA Request for Documents Re NRC Role in High Level Radwaste Repository Program.Documents Listed in App a Completely Withheld (Ref FOIA Exemption 5)
ML20205D393
Person / Time
Issue date: 10/09/1985
From: Felton J
NRC OFFICE OF ADMINISTRATION (ADM)
To: Wagner M
MCGRAW-HILL PUBLICATIONS CO.
References
FOIA-85-605 NUDOCS 8510160092
Download: ML20205D393 (2)


Text

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D 09 fggy Ms. Mary Louise Wagner, Assistant Editor Nuclear Publications McGraw-Hill Publications Company 1120 Vermont Avenue, NW, Suite 1200 IN RESPONSE REFER Washington, DC 20005 TO F01A-85-605

Dear Ms. Wagner:

This is in response to your letter dated August 26, 1985, in which you requested, pursuant to the Freedom of Information (FOIA), copies of two documents which are related to NRC's role in the high-level radioactive waste repository program.

The two documents are identified on the enclosed appendix and are being withheld. The documents are predecisional and contain the advice, analyses, opinions, and recommendations of the staff to the Commission on an issue that is still pending before the Comission. The documents reflect the deliberative process of the agency, and release of the documents would tend to inhibit the open and frank exchange of ideas essential to the deliberative process. There are no reasonably segregable factual portions, and the documents are being withheld in their entirety pursuant to Exemption 5 of the F0IA (5 U.S.C.

6552(b)(5)) and the Commission's regulations at 10 CFR 9.5(a)(5).

Pursuant to 10 CFR 9.15 of the Comission'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 the denial of document one is Mr. John C. Hoyle, Assistant Secretary of the Comission. The person responsible for the denial of document two is Mr. John E. Zerbe, Director, Office of Policy Evaluation.

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."

Sin rely, J. M. Felton, Director Division of Rules and Records Office of Administration

Enclosure:

As stated 8510160092 851009 PDR FOIA WAGNER 85-605 PDR.

t-

Re: F01A-85-605 t'

APPENDIX Documents Being Withheld

1. 05/31/85 Memo from Dircks to the Comission, SECY-85-197, Advisory Committee for Overseeing the High-Level Radioactive Waste Repository Program. (13 pages)
2. 06/24/85 Memo for Zerbe to Commission, subject: Advisory Comittee for Overseeing the High-Level Radioactive Waste Repository Program.

(2 pages)