ML20209H490
| ML20209H490 | |
| Person / Time | |
|---|---|
| Site: | Fermi  |
| Issue date: | 09/08/1986 |
| From: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| To: | Puntenney J SAFE ENERGY COALITION OF MICHIGAN |
| Shared Package | |
| ML20209H495 | List: |
| References | |
| FOIA-86-362, FOIA-86-A-150 NUDOCS 8609150265 | |
| Download: ML20209H490 (2) | |
Text
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UNITED STATES
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NUCLEAR REGULATORY COMMISSION
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OFFICE OF THE SECRETARY Jennifer E. Puntenney, Executive Director Safe Energy Coalition of Michigan P.O. Box 331 IN RESPONSE REFER Monroe, Michigan 48161 TO 86-A-150(86-362)
Dear Ms. Puntenney:
This letter responds to your August 19, 1986 appeal of the denial of documents in the Nuclear Regulatory Commission's July 21, 1986 response to.F0IA 86-362 regarding the Fermi plant.
In response to your appeal, the agency re-reviewed the documents. Based on that review, portions of documents 1, 3 and 5, Appendix B, are being released as listed in the attached Appendix C.
They are being placed in the NRC Public Document Room (PDR) located at 1717 H Street, N.W., Washington, D.C. 20555, in file folder F0IA 86-362 in your name.
With respect to the balance of the documents and portions of documents, I affirm the agency's initial action. These documents or portions of docu-ments withheld pursuant to Exemption (5) of the Freedom of Information Act (F0IA) contain the predecisional deliberations, opinions and recommendations of the staff to the Secretary and the Secretary to the Commission concerning the March 12, 1986 Commission meeting, " Status Briefing on Fermi." The purpose of the deliberative process privilege is to " prevent injury to the quality of agency decisions." NLRB v. Sears Roebuck & Co., 421 U.S.132,151 (1975). Disclosure of these predecisional documents and portions of documents would be likely to " stifle honest and frank communication within the agency."
Coastal States Gas Corp. v. Department of Energy, 617 F.2d 854, 866 (D.C. Cir.
1980). Additionally, the attachments to documents 3 and 5 are withholdable under Exemption (5) as drafts. The withheld documents or portions of documents contain no reasonably segregable factual information.
This letter represents final agency action on your August 19,1986 FOIA appeal. Judicial review of the denial of documents is available in Federal district court in the district in which you reside or have your principal place of business, or in the District of Columbsa.
Si icerel I.
,a%
Samuel J.
- hilk Secretary jf the Commission
Attachment:
Appendix C - List of Documents and Portions of Documents Being Released 8609150265 860908 PDR FOIA PUNTE86-A-150 PDR
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Appendix C List of Documents and Portions of Documents Being Released 1.
Portions of 3/12/86 Memorandum from E. L. Julian, SECY, to S. J. Chilk, l
SECY, " Briefing Memorandum - Status Briefing on Fermi" (2 pages).
2.
3/14/86 Memorandum from S. J. Chilk to Commissioners, " Staff Requirements Memorandum" (1 page), w/o attachment, draft.
. s 3.
3/20/86 Memorandum from S. J. Chilk to Commissioners, " Staff Requirements Memorandum" (1 page), w/o attachment, draft.
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