ML20205K168

Responds to 861027 Memo Re Notes from Seabrook Meeting. NRC Policy Re Release of Personal Notes Clear for FOIA Requests.Policy Re Release of Notes to Congress Unclear. Recipient Will Be Notified When/If Notes Become Available

ML20205K168
Person / Time
Site:	Seabrook
Issue date:	11/13/1986
From:	Rehm T NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To:	Fay E NRC OFFICE OF CONGRESSIONAL AFFAIRS (OCA)
Shared Package
ML20205J677	List: ML20205J673 ML20205J692 ML20205J718 ML20205J743 ML20205J760 ML20205J769 ML20205J781 ML20205J794 ML20205J820 ML20205J852 ML20205J894 ML20205K095 ML20205K127 ML20205K168 ML20205K183 ML20207A118 ML20207A145
References
FOIA-87-7 NUDOCS 8704010525
Download: ML20205K168 (1)

Text

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- mm NOV 131986

-}

J MEMORANDUM FOR: E. Fay, OCA FROM:

T. A. Rehm, A0/EDO

SUBJECT:

MARKEY SUBCOMMITTEE REQUEST FOR NOTES OF SEABROOK MEETINGS This is in response to your me'morandum to me dated October 27, 1986. As requested by Mr. Phil Greenberg, of Congressman Markey's staff, NRC participants at the meetings listed in Enclosure 4 of NRC's September 10, 1986 response to

. Congressman Markey have been polled to determine whether any participants took

' notes. Of the 21 attendees four had notes; one person left the agency and did not respond to the poll; three additional people were on travel and have not yet responded. You will be notified when they become available and have advised us as to notes they may have in their possession.

On this same subject I would note that the NRC under the FOIA as a matter of

policy and case law has consistently supported the position that agency  ;

employees can create and maintain personal notes that are not agency. records.

(Persona 1' notes are.uncirculated notes that are not part of any agency official file; they are notes created, maintained and disposed of at the sole discretion s oftheauthor). As such they are not under the control of.the agency.and are T

not records subject to the " reach" of the FOIA. We do not appear to have a

policy in regard to such release to Congress. We have no objection to answering 3- the question - were personal notes taken - given the possible precedent-involved, 6 however, we prefer not to direct people to provide them.

?

I suggest you consult with Bill Parler. If it is proper to provide them to the Comittee staff, we will promptly provide the four sets, plus any others ,

that are found to exist when the four additional people respond.

(Siemed) T. A.h T. A. Rehm-

- Assistant for Operations, EDO I

Enclosures:

As stated .

OFC :A0/EDO  :

NAME:TRehm(

g.:___________:____________:____________:___________:____________.___________._____  :

11/13/86 \  :  :  :  :  :

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