ML20211A879

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Responds to Appeal Re Denial of FOIA Request for Records Re IE Info Notice 85-001, Applicability of 10CFR21 to Consulting Firms Providing Training. Document B8 from App B Encl & Available in PDR
ML20211A879
Person / Time
Issue date: 04/29/1986
From: Chilk S
NRC OFFICE OF THE SECRETARY (SECY)
To: Garde B
GOVERNMENT ACCOUNTABILITY PROJECT
Shared Package
ML20211A884 List:
References
FOIA-86-37, FOIA-86-A-37 IEIN-85-001, IEIN-85-1, NUDOCS 8606110397
Download: ML20211A879 (4)


Text

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'?; NUCLEAR REGULATORY COMMISSION W ASHIN GTON. D.C. 20555 J/6

/ APR 2g m OFFICE OF THE SECRETARY Ms.Billief. Garde, Director Environmental Whistleblower Clinic P h h 3 [ O' 6-37 1555 Connecticut Avenue, N.W.

Suite 202 Washington, DC 20036

Dear Ms. Garde:

This letter responds to your March 19, 1986 appeal of F01A-86-37.

In response to your appeal, the documents listed on Appendix B to the March 13, 1986 letter were re-reviewed. Accordingly, we affirm our initial action with regard to all of the documents with the exception of B8, portions of which are being released. That document will be placed in the file for FOIA-86-37 in the NRC Public Document Room.

The documents withheld are part of the Commission's predecisional processes.

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).

In this case, the decision to be made was what actions the NRC would take to address the generic and cas9-specific aspects of the General Physics Corporation situation. See Letter from Chairman Palladino to g Representative Markey dated March 12, 1986 (in the PDR). Disclosure of these predecisional documents would be likely to " stifle honest and frank comunication within the agency." Coastal States Gas Corp. v. Deparment of Energy, 617 F.2d 854, 866 (D.C. Cir. 1980). Additionally, document B6 is a draf t and documents B4 and B7 contain material protected by the attorney-client privilege.

This letter represents final agency action on your March 19, 1986 F0IA 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 Columbia, incerelyI

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