ML20207T239

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Responds to FOIA Request for Transcript of Commission 811116 Closed Meeting on Discussion of Congressional Testimony. Forwards App a Documents.Documents Also Available in Pdr.App B Documents Completely Withheld
ML20207T239
Person / Time
Site: Diablo Canyon  
Issue date: 03/19/1987
From: Grimsley D
NRC OFFICE OF ADMINISTRATION (ADM)
To: Buckles R
NUS CORP.
Shared Package
ML20207T240 List:
References
FOIA-87-45, REF-10CFR9.7 NUDOCS 8703230341
Download: ML20207T239 (4)


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i IIRR 1 e g y Mr. R. K. Buckles, Manager Licensing Information Service NUS Corporation 2536 Countryside Boulevard IN RESPONSE REFER Clearwater, FL 33575-2094 TO F01A-87-45

Dear Mr. Buckles:

This is in response to your letter dated January 16, 1987, in which you requested, pursuant to the Freedom of Information Act (FOIA), copies of closed Commission meeting transcripts regarding the Diablo Canyon nuclear power plant.

In a telephone conversation with Michael Korwin of the NRC Office of the General Counsel, you clarified the dates of the meetings in which you are interested.

The transcript of the closed Commission meeting held on November 16, 1981, regarding Congressional testimony is identified on enclosed Appendix A and is being placed in the NRC Public Document Room located

- at 1717 H Street, NW, Washington, DC 20555, in file folder F01A-87-45 in your name.

The transcripts of the closed Consission meetings held on November 16, 18 and 19, 1981, regarding the Diablo Canyon Suspension Order, are identified on enclosed Appendix B and are being withheld in their entirety. These transcripts are of Commission deliberation on agency initiation of a particular case of agency adjudication. The transcripts are being withheld pursuant to Exemption 10 of the Government in the SunshineAct.5U.S.C.552b(c)(10). The function of Exemption 10 is to promote the free exchange of views among the Commissioners, and between the Consissioners and their advisors, and is not extinguished at the conclusion of adjudication or litigation for which it is invoked.

Clark-Cowlitz Joint Operating Agency vs. F.E.R.C., 798 F.2d 499, 503 (D.C. Cir. 1986)

Pursuant to 10 CFR 9.15 of the Commission's regulations, it has been detemined 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 Mr. James A.

Fitzgerald, Assistant General Counsel.

8703230341 870319 KL

-45 PDR

- 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."

Sincerely,

/n n S Donnie H. Grimsley, D rector Division of Rules and Records Office of Administration

Enclosures:

As stated

Re: FOIA-87-45 APPENDIX A DOCUMENTS BEING PLACED IN THE PDR 1,

11/16/81 Transcript of Closed Comission meeting, subject:

Discussion of Congressional Testimony. (54 pages) 4 l

l l

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Re: F01A-87-45 APPENDIX B DOCUMENTS BEING WITHHELD IN THEIR ENTIRETY 1.

November 16, 18 and 19, 1981 Transcripts of three Comission meetings regarding Diablo Canyon Suspension Order.

(Exemption 10,GISA) t t

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