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UNITED STATES T
NUCLEAR REGULATORY COMMISSION o
y WASHINGTON, D. C. 20555
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- g Ms. Margaret L. Ryan, Chief Editor Inside N.R.C. - McGraw-Hill 1120 Vermont Avenue, NW, Suite 1200 IN RESPONSE REFER Washington, DC 20005 TO F01A-85-409
Dear Ms. Ryan:
This is in final response to your letter of June 7 1985, in which you requested, pursuant to the Freedom of Information Act (FOIA), the release of all notation votes by the Comission in the months of January, February, March, April, and May 1985, and the underlying SECY papers.
The six SECY papers listed on enclosed Appendix D are being placed in the NRC Public Document Room (PDR) located at 1717 H Street, NW, Washington, DC 20555, in file folder FOIA-85-409 in your name.
- SECY-85-80, entitled, " Investigation Policy on Rights of Licensee Employees Under Investigation," dated March 6, 1985, was addressed in our response to a previous F0IA request, F0IA-85-460. Copies of this request and disclosed portions of SECY-85-80 are also filed in the PDR in file folder F01A-85-460 under the name Hamblett.
5 Portions of the six SECY papers listed on enclosed Appendix E and the four SECY papers listed on enclosed Appendix F contain the predecisional analyses, opinions, and recommendations of the staff to the Commission. Because the documents reflect the predecisional process between the Commission and the-staff, the documents are exempt from mandatory disclosure pursuant to Exemption 5 of the F0IA, 5 U.S.C. 552(b)(5) and the Commission's regulations at 10 CFR 9.5(a)(5).
Release of the information would tend to inhibit the open and frank exchange of ideas essential to the deliberative process. We
- have indicated on Appendix E which portions of the SECY papers are 'being withheld. The released portions of the SECY papers on Appendix E are being placed in the PDR in file folder F0IA-85-409 in your name. The SECY papers on Appendix F contain no reasonably segregable factual portions and are being
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withheld in their entirety.
The notation vote sheets of Chairman Palladino and Commissioners Roberts, Bernthal, and Zech for the 17 SECY papers addressed in this letter are being withheld as predecisional under Exemption 5.
Commissioner Asselstine's notation vote sheets for SECY-85-80, 85-94, and 85-111 are also being withheld under Exemption 5.
Commissioner Asselstine is releasing, at his discretion, his vote sheets for the following SECY papers:
85-5, 10, 13, 18, 20, 25, 26, 28, 33, 37, 51, 53, 59, 67, 70, 75, 77, 79, 89, 101, 105, 107, 108, 112, 118, 130, 137, 149, 157, 159, 174, and 175. These vote sheets are also being placed in PDR file folder F0IA-85-409 in your name.
8604020136 860227 PDR FDIA RYAN85-409 PDR I
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Ms. Margaret L. Ryan 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 Mr. John C. Hoyle, Assistant Secretary of the Commission.
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."
This completes NRC's action on_your request.
Sincerely, sw
/N+-
9 Donnie H. Grinsley, Direct 6r Division of Rules and Records Office of Administration
Enclosures:
' As stated
Re:
F01A-85-409-APPENDIX D
-Documents Being Placed in the Public Document Room SECY NUMBER TITLE 1.
SECY-85-13 "01A 1985 Audit Plan."
2.
" Proposed Retransfer of U.S.-Origin Heavy Water from West Germany and Switzerland to Korea."
3.
" Differing Professional Opinions."
4.
" Proposed License to Export Nuclear Grade Graphite to Japan (XMAT0315)."
5.
SECY-85-89 "GPU Nuclear Corporation's (GPU) Request for Exemption from the Fee Requirements of -10 CFR 170 for the Three Mile
' Island Nuclear Power Plant, Unit No. 2 (TMI-2)."
6.
" Retransfers for Reprocessing (from Switzerland and France)."
m Re:
F01A-85-409 APPENDIX E Documents Being Withheld in Part SECY NUMBER TITLE
- 1. '
SECY-85-5
" Notice of Application and Jurisdiction with Respect to Part 70 Materials Licenses." Portions of cover memo and, and all of Enclosures 1 and 3 are being withheld.
2.
LSECY-85-20
" Relationship Between Investigations / Inspections and Adjudications (SECY-84-276/276A) - Proposed Amendments to 10 CFR Parts 0 and 2. Establishing Special Ex Parte In Camera Procedures' for Resolving Contlicts Concerning the.
Disclosure or Nondisclosure of Information." Portions of cover memo, and Enclosures 1 and 2 are being withheld.
3.
" Implementation of Category B Requirements for the Continuity of Government Program." Portions of cover memo and Enclosures 1 and 2 are being withheld.
4.
" Letters from the Departments of State and Energy Regarding NRC's Comments on a Request Involving the Retransfer of HEU from Canada to West Germany and Return."
Cover memo and Appendix A are being released; Appendix D is being withheld.
5.
" Proposed Rule to Modify General Design Criterion 4; Interim Schedular Exemptions." Portions of cover memo,.
and Enclosures 1, 4, and 5 are being withheld..
6.
" Criteria on Personnel Dosimeters for Offsite Emergency Workers." Enclosure 11 is being withheld under Exemption 5.
Ra: -F01A-85-409 APPENDIX F Documents Being Withheld in Their Entirety SECY NUMBER TITLE 1.
" Proposed Order Modifying License (EA 84-98) for-Veterans Administration Medical Center, Bronx, New York."
~ 2.-
SECY'-85-94 "Immediate Effectiveness ~ Reviews."
- 3. - 'SECY-85-111
" Proposed Civil Penalty for Sequoyah-1."
4.
SECY-85-l'49
" Material' False Statements."
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FotA 409
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celton. Director 01 v 3. s i o n of Rules & Records Office of Administration U.S.
Nuclear Reculatory Commission Wasninoton D.C.
20555 RE: Freedom of Information Act Reouest Dear Mr.
Felton:
Uncer the Freedom of Information Act. I am reouestine that you release all notation votes made Dv the commission in the months of. January, February, March. Aor11 and Mav.
1985.
Since these votes are recorded on sheets of oaoer that icentify the subject of the vote. and on which commissioners list their vo W and add any remarks they think aoorooriate. I reouest that you r@ lease toe actual vote sheets.
In additior. if the vote is to aoorove any document not attached to the sheets. such as a SECY p a o.t r. I reauest that you release that oocument as well. since acency action on it 1g final.
I further recuest tnat you waive the customary fee since I am an accredited member of the oress.
Please feel free to contact me at 463-1652 If you have any ouestions.
I look forward to vour reoly, and thank you in advance for your assistance.
Sincereiy.
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Ryan M
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