ML20211P703

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Partial Response to FOIA Request for Three Categories of Records Re Facility.Documents Withheld (Ref FOIA Exemptions 5 & 7)
ML20211P703
Person / Time
Site: 05000340
Issue date: 07/16/1986
From: Grimsley D
NRC OFFICE OF ADMINISTRATION (ADM)
To: Puntenney J
SAFE ENERGY COALITION OF MICHIGAN
References
FOIA-86-370 NUDOCS 8607230333
Download: ML20211P703 (2)


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. JUL 161966 Ms. Jennifer E. Puntenney Safe Energy Coalition of Michigan P.O. Box 331 IN RESPONSE REFER Monroe, Michigan 48161 TO F01A-86-370

Dear Ms. Puntenney:

This is in partial response to your letter dated May 18, 1986, in which you requested, pursuant to the Freedom of Information Act (F0IA), three categories of records regarding the Fermi plant. ,

Fourteen documents subject to your request are being withheld in their entirety from public disclosure pursuant to Exemptions (5) and (7)(A) of the F0IA (5 U.S.C. 552(b)(5) and (7)(A)) and 10 CFR 9.5(a)(5) and (7)(i) of the Commission's regulations. Information withheld pursuant to Exemption (5) are drafts or are records containing the preliminary advice, opinions, and recommendations of members of the f.taff. Release of this type of information would tend to inhibit the frank and candid exchange of information in future deliberations and thus would not be in the public interest. There are no reasonably segregable factual portions because release of the facts would permit an indirect inquiry into the predecisional process of the agency.

Information withheld pursuant to Exemption (7)(A) consists of investigatory records compiled for law enforcement purposes the release of which would y interfere with an ongoing enforcement proceeding. Release of this information could allow those being investigated to learn the scope, direction, and focus of investigatory efforts, and thus could possibly allow them to take action to shield potential wrongdoing or a violation of NRC requirements from investigators.

Pursuant to 10 CFR 9.9 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 persons responsible for this denial are the undersigned and James G. Keppler, Regional Administrator, Region III.

72 3 860716 PUNTENN86-370 PDR

e Ms. Puntenney This denial may be appealed to the NRC's Executive Director for Operations within 30 days from the receipt of this letter. As provided in 10 CFR 9.11, any such appeal must be in writing, addressed to the Executive Director for Operations, U.S. Nuclear Regulatory Corsnission, Washington, DC 20555, and should clearly state on the envelope and in the letter that it is an " Appeal from an Initial F0IA Decision."

Additional records subject to your request are undergoing review. We will notify you upon completion of the review.

Sincerely, lhku Y- 4M f

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

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