ML20213F079

Further Response to Appeal of Denial of FOIA 85-59 Re Comanche Peak Task Force.Documents T-34 & U-42 Will Continue to Be Withheld (Ref FOIA Exemption 5).Originator of Document U-12 Document Contacted for Further Info Re Release

ML20213F079
Person / Time
Site:	Comanche Peak
Issue date:	05/08/1987
From:	Stello V NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To:	Garde B GOVERNMENT ACCOUNTABILITY PROJECT
References
FOIA-85-59, FOIA-86-A-100 NUDOCS 8705150227
Download: ML20213F079 (2)

Text

. _ . - _ _ - - - _ _ _ _ - - - _ _ _ _ _ _ _ _ _ - - - _ _ _ _ - - _ _ _ _ _ _ - _ _ _ _ _ _ _ .

f h} i x t /

,#pa ucuq'o ,

UNITED STATES

['

, y;

'k 1

NUCLEAR REGULATORY COMMISSION WASHINGTON, D. C. 20555 8

k . . . . . .e l <

Billie Pirner Garde. Esquire NAY 8 1987 Government Accountability Project Midwest Office IN RESPONSE REFER 104 E. Wisconsin Avenue TO F01A-86-A-100 Appleton, WI 54915-8505 (F0IA-85-59)

Dear Ms. Garde:

This is in further response to your letter dated June 26, 1986, in which you appealed Mr. Donnie H. Grimsley's letter dated May 28, 1986, which denied documents in whole or in part that were subject to your Freedom of Information Act (F0IA) request for documents related to the NRC Comanche Peak Task Force. My letter to you dated April 10, 1987, addressed the agreement which was the basis for deleting certain information in the requested documents. This letter will address these portions of three documents listed on Appendices T and U which were initially denied pursuant to F0IA exemptions.

Acting on your appeal, I have carefully reviewed the record in this case and have determined that the previously withheld information in documents T-34 and U-42 will continue to be withheld from public disclosure pursuant i to Exemption (5) of the F0IA (5 U.S.C. 552(b)(5)) and 10 CFR 9.5(a)(5) I of the Comission's regulations. Your appeal concerning these two l documents is, therefore, denied. j l

As stated in Mr. Grimsley's letter dated May 28, 1986,- the withheld portions of these two documents relate to the subject of potential violations. The withheld portions were predecisional to the issuing of the enforcement action on Comanche Peak. Exemption (5) shields from ,

mandatory disclosure information generated in the deliberative process j that precedes most decisions of government agencies.  !

Portions of document U-12 were initially denied pursuant to Exemption (4) of the FOIA because they contained commercial information provided in confidence to the NRC. The NRC has requested the originator of this document to review the document and provide information that will help NRC make a determination as to whether any additional portions can now be made publicly available. I will inform you later of my determination concerning this document.

8705150227 870508 PDR FOIA GARDE 86-A-100 PDR ,

Ms. Billie Pirner Garde- '

This is a final agency action on documents T-34 and U-42. As set forth in the FOIA (5 U.S.C. 552(a)(4)(B)), judicial review of this decision is available in a district court of the United States in the district in which you reside, have your principal place of business, or in the District of Columbia.

Sincerely,

/}

rn ro +" -

V ctor Stell Jr.

xecutive Director r Operations

+

1 i .

. . -