ML20210L518

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Partial Response to FOIA Request for Documents Re SECY-85-404.App a Documents Withheld (Ref FOIA Exemption 5). Released Portions of SECY-85-20, Relationship... Investigations/Insps... Available in PDR
ML20210L518
Person / Time
Issue date: 04/03/1986
From: Grimsley D
NRC OFFICE OF ADMINISTRATION (ADM)
To: Garde B
GOVERNMENT ACCOUNTABILITY PROJECT
References
FOIA-86-40 NUDOCS 8604290483
Download: ML20210L518 (3)


Text

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'kE NUCLEAR REGULATORY COMMISSION WASHINGTON, D. C. 20555

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APR 3 1986 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-86-40

Dear Ms. Garde:

This in partial response to your letter dated January 14, 1986. in which you requested, pursuant to the Freedom of Information Act (FOIA), copies of documents generated in connection with SECY-85-404, " Unauthorized Disclosures of Sensitive Information - Availability of Administrative Sanctions Against NRC Employees and Special Government Employees," dated December 23, 1985.

The documents identified on enclosed Appendix A contain the predecisional legal analyses, opinions and recommendations of the Office of the General Counsel (0GC) to the staff concerning proposed rulemaking. Because the documents reflect the predecisional process between 0GC and the staff, they 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 documents would tend to inhibit the open and p frank exchange of ideas essential to the deliberative process. The documents contain no reasonably segregable factual portions and are being withheld in their entirety.

SECY-85-20, entitled, " 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 Conflicts Concerning the UTsclosure or Nondisclosure of Information," was addressed in our response to a previous F0IA request and released in part. The released portions of the document are available in the NRC Public Document Room, located at 1717 H Street, NW, Washington, DC 20555, in file folder F01A-85-409 under the name Ryan.

Pursuant to 10 CFR 9.15 of the Commission's regulations, it has been i determined that the information withheld is exempt from producHon 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.

8604290483 860403 PDR FOIA GARDE 86-40 PDR

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Ms. Garde 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.

The search for and review of documents that are subject to your request i are continuing. We will notify you upon completion of the search and review.

Sincerely,

, /? ,v. J"'

Donnie H. Grimsley, Direct r Division of Rules and Records Office of Administration

Enclosure:

As stated J

.c~ - , . . ~ , ~ . . . ~ . - - . ~ . . .

l RE: F01A-86-40 APPENDIX A DOCUMENTS BEING WITHHELD 1.- Memorandum of 12/11/84 from Fitzgerald to Cunningham re: Coments on Proposed Amendments to 10 CFR Part 2 (2 pages)

2. Enclosure to Fitzgerald Memorandum of 12/11/84: Draft Federal Register Notice of Proposed Rulemaking (24 pages)
3. Memorandum of 12/13/84 from Fitzgerald to Cunningham re: Supplementary Coments to Fitzgerald memorandum of

, 12/11/84 (1 page)

4. Memorandum of 12/9/85 from Rothschild to Mapes re: Comments on draft SECY-85-20 (2 pages)
5. Draft of SECY-85-20 (31 pages) r