ML20210R901

Responds to FOIA Request for SECY-85-209,SECY-85-260, SECY-85-374 & SECY-85-367A.Forwards Portions of SECY-85-209 & SECY-85-374.Portions of SECY-85-209 & SECY-85-374 Withheld (Ref FOIA Exemption 5)

ML20210R901
Person / Time
Site:	Palo Verde
Issue date:	04/01/1986
From:	Grimsley D NRC OFFICE OF ADMINISTRATION (ADM)
To:	Rosolie E NORTHWEST ENVIRONMENTAL ADVOCATES (FORMERLY COALITION
Shared Package
ML20210R905	List: ML20210R901 ML20210R916
References
FOIA-86-107 SECY-85-374, NUDOCS 8605200108
Download: ML20210R901 (3)

Text

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908- Olb

1. o UNITED STATES

[ ~,$ NUCLEAR REGULATORY COMMISSION g a E WATHINGTON, D. C. 20555

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APR 1 886 Mr. Eugene Rosolie Coalition For Safe Power 406 Governor Building 408 Southwest Second Avenue IN RESPONSE REFER Portland, Oregon 97204 TO F0IA-86-107

Dear Mr. Rosolie:

This is in response to your letter dated February 19, 1986, in which you requested, pursuant to the Freedom of Infomation Act (F0IA), copies of SECY-85-209, SECY-85-260, SECY-85-374, and SECY-85-367A.

SECY-85-260, entitled, " Incentive Regulation of Nuclear Generating Facilities by State Public Utility Commissions (PUCS)," is already available for public inspection and copying in the NRC Public Document Room (PDR) located at 1717 H Street, NW, Washington, DC 20555, in the PDR SECY Paper File.

SECY-85-367A, entitled, "Public Service Company of New Mexico's Proposed Sale and Leaseback Transaction For Refinancing Its Interest In Palo Verde 1," was addressed in our response to a previous FOIA request, F01A-85-826. The released portions of SECY-85-367A, are also available in the PDR in file folder F01A-85-826 under the name Rader.

SECY-85-209 and SECY-85-374 are identified on the enclosed appendix and are being withheld in part. Portions of the documents contain the predecisional

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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 FOIA, 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. The released portions of SECY-85-209 and SECY-85-374 are being placed in the PDR in file folder F01A-86-107 in your name.

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 )

i its production or disclosure is contrary to the public interest. The person I responsible for this denial is Mr. John C. Hoyle, Assistant Secretary of the Commission.

gp2 8 8604o2 ROSOLIE86-107 PDR

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l' This denial may be appealed to the Secretary of the Comission within 30 days from the receipt of this letter. Any such appeal must be in writing, addressed to the Secretary of the Comission, U.S. Nuclear Regulatory Comission, 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, M

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

Enclosure:

As stated n -- --~--, - - e , r.m , -,-,e -, - . , ..---~-e - - ---- - ., . , . - - - -

Re: 86-107 APPENDIX ,

Documents Being Withheld in Part

1. 6/11/85 SECY-85-209, " Alternative Approaches for Implementing the Sholly Amendment on No Significant Hazards Considerations."

2. 11/25/85 SECY-85-374, " Proposed Revision to 10 CFR Part 72 Entitled, ' Licensing Requirements for the Independent Storage of Spent Nuclear Fuel and High-Level Radio-active Waste,' and Conforming Amendments to 10 CFR Parts 2, 19, 20, 21, 51, 70, 73, 75, and 150."

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