ML20214T453

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Forwards Transcripts of Commission 840725,30 & 0803 Deliberations Re Issuance of Full Power License for Plant. Issue of Need to Consider Effects of Earthquakes on Emergency Planning Discussed in Closed Meetings.W/O Encl
ML20214T453
Person / Time
Site: Diablo Canyon, 05000000
Issue date: 10/03/1984
From: Palladino N
NRC COMMISSION (OCM)
To: Ottinger R
HOUSE OF REP., ENERGY & COMMERCE
Shared Package
ML20213E738 List:
References
FOIA-86-197 NUDOCS 8706100273
Download: ML20214T453 (2)


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UNITED STATES M-s c

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NUCLEAR REGULATORY COMMISSION wasmwoTow.o. c.nosss

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October _3,_1984 1

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, EQ The Honorable Richard L. Ottinger, Chairman t

Subcommittee on Energy Conservation

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and Power

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9 Committee on' Energy and Comerce United States House of Representatives Washington, D.C.

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Dear Mr. Chairman:

This is in response to your request of September 25, 1984 for transcripts of the Comission's deliberations on July 25 30 and August 3, 1984 concerning the issuance of the full power, license for Diablo Canyon Nuclear Power Plant Unit 1.

You also requested all Comission staff documents prepared for these meetings, including i

SECY-84-291.

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At three closed meetings held on those dates, the Comission solicited advice and recomendations from the Office of the General Counsel and i

the Office of Policy Evaluation regarding the contested issue of need to consider the effects of earth presents the General Counsel' quakes on emergency planning. SECY-84-291 s analysis and advice on how the Commission should proceed in its adjudication of this issue. Draft orders were also prepared for possible use by the Comission.

All of these documents would be exempt from public disclosure, under Exemption 5 of the Freedom of Information Act, because they constitute predecisional advice to the Comission and their release would disclose n_

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i the Comission's deliberative process resulting in a chilling effect upon the free and frank exchange between Comissioners and between the i

Commission and its advisers.

In large part, these documents contain l

legal advice to the Comission with respect to pending litigation before I

i transcripts and related documents are among the most sensitive adjudica-the United States Court of Appeals for the D.C. Circuit. Thus, the i

tory records possessed by the agency in the conduct of its quasi-judicial

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functions.

Public disclosure of these documents could jeopardize the J

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meeting transcript is publicly available. The limitations which we j

discuss above do not, of course, apply to this pcrtion of the i

transcript.

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Thank you for your cooperation in this matter.

Sincerely, b-ten.o-]Y,du s, 2 ! L's.

t Nunzio J. Psiladino b-

Enclosures:

1.

Transcripts J) 2.

SECY-84-291 3.

Draft orders "1

cc: Rep. Carlos Moorhead O

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