ML20207L472
| ML20207L472 | |
| Person / Time | |
|---|---|
| Issue date: | 09/30/1986 |
| From: | Schuyler S NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | Grimsley D NRC OFFICE OF ADMINISTRATION (ADM) |
| Shared Package | |
| ML20207L144 | List: |
| References | |
| FOIA-86-796 NUDOCS 8701120186 | |
| Download: ML20207L472 (4) | |
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September 30, 1986 MEMORANDUM FOR: Donnie Grimsley, DRR THRU: C. Sebastian Aloot, OGC H Street FROM: Suzanne Schuyler, OGCHStreetAf
SUBJECT:
RESPONSE TO FOIA 86-85 OGC H Street has completed the search for documents responsive to FOIA 86-85. The documents listed in Appendix A are to be released. A copy of each is attached. The documents listed in Appendix B are to be withheld in their entirety, and the documents listed in Appendix C are to be withheld in part. A sanitized copy of each of the documents in Appendix C is also attached.
The Commission has approved the release of all the documents listed in Appendix A and portions of the documents listed in Appendix C. Consequently, DRR need not obtain a disclosure determination for these documents from the originating offices.
The items listed in Appendices B and C are being withheld in whole or in part pursuant to the Freedom of Information Act, 5 U.S.C. 552(b) and the Commission's regulations.
With regard to the information withheld pursuant to Exemption (5) of the FOIA and the Commission's regulations at 10 CFR 9.5(a)(5),
items 23 and 24 are being witheid under the deliberative process privilege. They reflect predecisional advice, opinions and recommendations of the General Counsel's Office to the Commission concerning a matter under investigation. Release of this information would tend to inhibit the open and frank exchange of ideas essential to the deliberative process. Items 20 and 21 are draft documents and therefore also withholdable. Additionally, item 48 is being witheld under the attorney-client privilege. It contains confidential communications between an attorney and his client, the Commission, on a legal matter for which the Commission has sought professional advice.
The information being withheld pursuant to Exemption (6) and (7)(C) of the FOIA and the Commission's regulations at 10 CFR 9.5(a)(6) and (7)(iii) consists of names and identifying details the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.
8701120186 B70108 4 PDR FOIA M AIROZOS6-796 PDR p
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Pursuant to 10 CFR 9.15 of the Commission'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 this denial is C. Sebastian Aloot, Senior Attorney, Office of the General Counsel.
No OGC H Street action will be taken on FOIA Appeal 86-A-29C since the request is being addressed under FOIA 86-85.
Finally, the documents responsive to the Shea FOIA request are also responsive to FOIA 86-85. Accordingly, we have attached a copy of the list of documents withheld in the Shea request for your use.
i Attachments as stated
Q~
.. Ns APPENDIX A r
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- 1. 7/10/86 Memorandum from D.A. Ward, ACRS, to Chairman Zech, subject: "ACRS Consultant On Legal Matters. " (2 pages) l 2. 7/28/86 Memorandum from Lando Zech to Commissioners Roberts, j Asselstine and Bernthal, subject: "ACRS' Request To Hire It's Own Legal Counsel." (2pages)
- 3. 7/29/96 Memorandum 'from J.k. Asselstine to Chairman Zech and Commissioners Roberts and Bernthal, subject:
COMLZ-86-14 "ACRS Request to Hire Its Own Legal Counsel."
(1 page) l
APPENDIX C - OTHER RECORD TO BE REFERRED
- 1. Undated Attachment to document 1, Appendix B,
" Appendix A."