ML20206F417
| ML20206F417 | |
| Person / Time | |
|---|---|
| Issue date: | 06/16/1986 |
| From: | Grimsley D NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Garde B GOVERNMENT ACCOUNTABILITY PROJECT |
| References | |
| FOIA-86-178 NUDOCS 8606240461 | |
| Download: ML20206F417 (3) | |
Text
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JUfi i c ic85 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-86-178
Dear Ms. Garde:
This is in response to ycur letter dated March 6, 1986, which we have processed under the Freedom of Information Act (F0IA) number identified above, as stated in our letter to you dated March 20, 1986.- You'r' letter concerns records pertaining to plans and proposals for 0I and OIA to be combined.
Upon re-review of the records denied by Mr. Joseph M. Felton's letters to you dated April 3 and July 20, 1984, under FOIA-84-177, the denials of which were upheld in appeal F01A-84-A-40, it has been determined that the denied records listed as documents one and two on Appendix A enclosed with the April 3,1984, letter continue to be documents that are preliminary in nature and contain predecisionai advice and recommendations of 01's staff to the Director of OI regarding the possibility of combining 01 and OIA. No formal action has been taken regarding the subjects discussed in these documents.
Release of these documents would tend to inhibit the open and frank exchange of ideas essential to the internal deliberative process. These documents therefore, are being withheld pursuant to Exemption 5 of the F0IA (5 U.S.C.
552(b)(5)) and the Commission's regulations, 10 CFR 9.5(a)(5).
The documents do not contain any reasonably segregable factual portions. The documents, therefore, are being withheld in their entirety.
Similarly, for the transcript of the December 1,1983, closed Commission meeting at which there was a discussion of combining OI and 01A, as recorded on transcript record pages 12-17, and denied by our letter dated July 20, 1984, this discussion " relate (s) solely to the internal personnel rules and practices" of the NRC. Accordingly, pages 12-17 of the Commission transcript of this closed meeting are being withheld pursuant to Exemption 2 of the Government in the Sunshine Act (GISA) (5 U.S.C. 552(b)(2) and 10 CFR 9.104(a)(2) of the Commission's regulations.
8606240461 860616 PDR FOIA GARDE 86-178 PDR
Ms. Garde,
Pursuant to 9.15 of the Ccanission's regulations, it has been determined that the information withheld in records one and two listed on Appendix A enclosed with the April 3, 1984, letter and the December 1, 1983, Commission meeting transcript pages 12-17, identified in the July 20, 1984 letter, is exempt from production or disclosure, and that its production or disclosure is contrary to the public interest. These three documents are identified on the appendix enclosed with this letter. The person responsible for the denial of documents one and two listed on the enclosed appendix is Mr. Ben B. Hayes, Director, 0I.
The person responsible for the denial of the Commission meeting transcript pages listed at number three on the enclosed appendix is Mr. John C. Hoyle, Assistant Secretary of the Commission.
This denial may be appealed to 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, Donnie H. Grimsley, Director Division of Rules and Records' Office of Administration
Enclosure:
As stated
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Re: F01A-86-178 APPENDIX 1.
Undated Four separate proposed Organization Charts for the merging of the Office of Investigations and the Office of Inspector and Auditor into an Office of Investigations and Audit.(4pages) 2.
Undated Typewritten Sheet regarding the merging of the Office of Investigations and the Office of Inspector and Auditor into an Office of Investigations and Audit. (1 page) 3.
12/1/83 Pages 12-17 of the transcript of the 12/1/83 closed Commission meeting. (6 pages)
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