ML20210P916
| ML20210P916 | |
| Person / Time | |
|---|---|
| Issue date: | 04/24/1986 |
| From: | Grimsley D NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Bell N NUCLEAR INFORMATION & RESOURCE SERVICE |
| Shared Package | |
| ML20210P919 | List: |
| References | |
| FOIA-85-653 NUDOCS 8605130544 | |
| Download: ML20210P916 (4) | |
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Ms. Nina Bell, Assistant Director Nuclear Information and Resource Service 1616 P Street, NW, Suite 160 IN RESPONSE REFER Washington, DC 20036 TO F01A-85-653
Dear Ms. Bell:
This is in final response to your letter dated September 20, 1985, in which you requested, pursuant to the Freedom of Information Act (F0IA), three categories of records regarding NRC's proposed rule on earthquakes and emergency planning.
The document identified on enclosed Appendix L is being placed in the NRC Public Document Room (PDR) located at 1717 H Street, NW, Washington, DC 20555, in file folder F01A-85-653 in your name.
Portions of the document identified on enclosed Appendix M, and the documents identified on enclosed Appendix N contain the predecisional advice, opinions and recomendations of the Comissioners, and between the Comission and the staff on the proposed rulemaking on emergency planning. Because the information reflects the predecisional process among the Comissioners, and between the i
Comission and the staff, the information is exempt from mandatory disclosure pursuant to Exemption 5 of the F0IA, 5 U.S.C. 552(b)(5), and the Comission's regulations at 10 CFR 9.5(a)(5). Release of the information would tend to a inhibit the open and frank exchange of ideas essential to the deliberative i I
process. The releasable portions of the document on Appendix M are being placed in the PDR in file folder F01A-85-653 in your name. The documents on Appendix N contain no reasonably segregable factual portions and are being
, withheld in their entirety.
l 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 Comission.
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I Ms. Bell 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."
Finally, other documents relating to earthquakes in the context of emergency planning were addressed in our responses to your previous F0IA requests, F0IA-84-378,84-661, and 84-814.
This completes NRC action on this F0IA request.
Sincerely, Qf
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Donnie H. Grimsley, Director Division of Rules and Records Office of Administration
Enclosures:
As stated 2
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I l-Re: F01A-85-653 APPENDIX L Document Being Placed in the PDR -
- 1. 12/12/84 Memo from C.W. Reamer to S.J. Chilk, subject: Earthquakes and Emergency Planning Rulemaking (Category 3).
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l Re: F01A-85-653 APPENDIX M Document Being Released in Part .
- 1. 12/06/84 Memo from Chilk to Dircks subject: SECY-84-394 - Proposed Amendments to 10 CFR Part 50, Section 50.47 and Appendix E:
Consideration of Earthquakes in the Context of Emergency Preparedness (Category 3) i
l l
Re: F0IA-85-653 APPENDIX N Documents Being Withheld in Their Entirety -
- 1. 10/23/84 Memo from Comm. Zech to S.J. Chilk, subject: SECY-84-394 (Category 3)
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- 2. 11/08/84 Vote Sheet of Comm. Zech on SECY-84-394 " Proposed Amendments to 10 CFR Part 50, Section 50.47 and Appendix E: Consideration of Earthquakes in the Context of Emergency Preparedness *
(Category)
- 3. 11/14/84 Notes of. Chairman Palladino and Comm. Bernthal on 11/14/84 and memo from R. Fraley to N.J. Palladino, "ACRS Consideration 11/16/84 of Seismic Design Features of the San Onofre Nuclear Power Plant, Unit 1" (Category 3)
- 4. 07/02/85 Memo from Comm. Zech to Chairman Palladino, subject: Emergency Planning and Earthquakes (Category 3)
- 5. 09/03/85 Memo from Chairman Palladino to W.J. Dircks, subject:
SECY-85-283 (Category 3) a
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N I r T-l (-) @ f-"d}Z V a Nuclear Information and Resource Servic'e 1616 P Street, N.W., Suite 160, Washington, D.C. 20036 (202) 328-0002 Septebmer 20, 1985 James M. Felton, Director FREa OF I k Ai rON Division of Rules and Records k Office of Adminstration U.S. Nuclear Regulatory Commission [gf),ff,fg3 Washington, D.C. 20555 M FREEDOM OF INFORMATION ACT REOUEST (/acQQ-2495
Dear Mr. Felton:
Pursuant to the Freedom of Information Act, 5 U.S.C. 522, as amended, and 10 CFR 9.8 of the Commission's regulations, the Nuclear Information and Resource Service requests the following documents regarding NRC's proposed rule on earthquakes and emergency planning. Pleare consider " documents" to include reports, studies, test results, correspondence, memoranda, meeting notes, meeting minutes, working papers, graphs, charts, diagrams, notes and summaries of conversations and interviews, computer records, and any other forms of written communication, 4-including internal NRC Staff memoranda. In your response, please identify which documents correspond to which requests below.
Pursuant to this request, please provide all documents prepared or utilized by, in the possession of, or routed through the NRC related to:
- 1. Briefings and briefing materials used to prepare Comnissioners for a July 10, 1985 hearing before Congressman Markey, including, but not limited to, items from the Office of General Counsel, General Solicitors Office, and the Office of Policy Evaluation;
- 2. Transcripts or other documents prepared for or after meetings with the Office of Policy Evaluation prior to the July 10, 1985 hearing, mock hearings held with Chairman Palladino, and other meetings between Commissioners, between Commissioners and their assistants, or between NRC Staff; and
- 3. NRC Staff memoranda and correspondence on the proposed rule to. eliminate consideration of earthquakes in emergency preparedness.
Please forwarded, provide a list of offices to which this request was u
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In our opinion, it is appropriate in this case for you to waive search charges, pursuant to 5 U.S.C. SS2 (a) (4) ( A) "because furnishing the information can be considered as primarily benefiting the general public." The Nuclear Information and Resource Service is a non-profit organization serving local organizations concerned about nuclear power and providing infor-mation to the general public. Information required by 10 CPR 9.14a was provided by letter dated August 3, 1984.
Sincerel
'3 Nina Bell Assistant Director cc: File l
.