ML20211H011

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Responds to Appeal of FOIA Request for Documents Re Facility.Initial Action Affirmed.Document Withheld Is Part of Commission Predecisional Process
ML20211H011
Person / Time
Site: Wolf Creek 
Issue date: 06/09/1986
From: Chilk S
NRC OFFICE OF THE SECRETARY (SECY)
To: Stephens S
NUCLEAR AWARENESS NETWORK
References
FOIA-86-59, FOIA-86-A-76 NUDOCS 8606200447
Download: ML20211H011 (1)


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UNITED STATES

  1. 'n NUCLEAR REGULATORY COMMid510N g
g WASHINGTON. D.C. 20555

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116 JM 10 P2:41 orrms or THE June 9, 1986 SECRETARY DRR/riPB Ms. Stevi Stephens Nuclear Awareness Network 1347) Massachusetts IN RESPONSE REFER Lawrence, Kansas 66044 TO 86-A-76(86-59)

Dear Ms. Stephens:

This is in response to your appeal of F0IA-86-59 dated May 9,1986.

Based on a re-review of the document withheld in Donnie Grimsley's May 1, 1986 response, we affinn our initial action.

The document which was withheld is a draft response to Congressman Glickman's question on Wolf Creek and as such, is part of the Commission's predecisional process. The proposed response was prepared by the Office of the General Counsel and circulated to Mr. Hayes and Mr. Martin for concurrence and comments. Disclosure of this predecisional document would be likely to

" stifle honest and frank communication within the agency." Coastal States Gas Corp. v. Department of Energy, 617 F.2d 854, 866 (D.C. Cir.1980). The purpose of 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). Additionally, I note that the NRC's response to Congressman Glickman (listed as Document 3 of Appendix A to our May 1,1986 letter) was placed in the NRC Public Document Room.

This letter represents final agency action on your May 9,1986 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.

S ncerel a &

SAMUEL J RlLK Secretary of the Commissi n iV 0606200447 860609 hpH

-A-76 PDR

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