ML20214U540

Final Response to FOIA Request for Documents Re Emergency Preparedness Rulemaking.App F Documents Available in Pdr.App G Documents Partially Withheld & App H Documents Completely Withheld (Ref FOIA Exemption 5)

ML20214U540
Person / Time
Issue date:	06/04/1987
From:	Grimsley D NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM)
To:	Murphy S NUCLEAR INFORMATION & RESOURCE SERVICE
Shared Package
ML20214U543	List: ML20214U540 ML20214U598 ML20214U601 ML20214U604 ML20214U607 ML20214U610 ML20214V380
References
FOIA-87-18 SECY-85-103, SECY-86-291, NUDOCS 8706110234
Download: ML20214U540 (7)

Text

U E. NUCLEA3 7,EGULATORY COMMIS$10N sas to.a asuunt wwn*si i

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i% Te l ** RESPONSE TO FREEDSM OF r I l "''

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• S g / INFORMATION ACT (FOlA) REOUE M

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00G:1 wuhesta.be ut apassage i.tQutlfim , q de M M rb O '/ . b I PART l.-RECOR95 RELj ASJO OR NOT LOCAft0 fSee checaed bonest No agency recorde subsect to the request have been located.  !

No addetonal agency records subiect to the request have been located.

Agency records cubrect to the request that are identMed in Appendia are already available for pubhc inspection and copyeg in the NRC Public Document Room, 1717 H Street, N W , Washington DC -

sf Agency records subact to the request that are identAed in Appendin _ F e,. bemg made e,a.iawe fo, puu.c ins,ect.n and co,ving in ihe NRC Pubiic oocument 75 Coom,1717 H Street, N W , Washington. DC, e a foider under the F01A number and requester name.

The nonproonetary version of the proposaitsi that you agreed to accept in a tesephone converution with a member of my staff e now tmne made avedemo for pubhe mapection <

end coving at the NRC Pubhc Docureens Room.1717 H Street. N W . Washington. DC, in a fo6 der under the FOIA number and requestee name  !

Enclosed e informaten on how you may obts.n access to and the charges for copyeg records placed 6n the NRC Pubhc Occument Room, t117 H Street. N W., Washegton, DC.

l l Agency records subsect to the request e o enclosed Any appbcause charge for copies of the records provided and payment procedu res are noted in the comments section.

l Records subrect to the request have been referred to another Federsi agency 6est for review and direct respoese to you; in www of NRC's enponse to the requet, no further action is bemg taken on appeal letter dated PART 11 A-INFORMATION WITHHELD FROM PUGLIC OISCLOSURE Certam informaton m the requested records is bemg withheld from pubhc disclosure pursuant to the FOIA esemptions described an and for the reesono stated in Port 11. sec-t:ans 8. C and D. Any reened portons of the documents for which only part of the record es bemg withheid are beme made avadaWe for pubhc inspect 6on and copyme in K the NRC Public Document Room.1717 H Street, N W., Wahmeton, DC, in a folder under this FOIA number sad requester name.

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Cecords subiect o the request that are described in the enclosed Appendices "> "I _ are being withheld in their entirety or in part under FOIA

[nemptions and for the reasono set forth below pursuant to 5 U S C. f.521b) and to CFH 9 Stal of NRC Regulatione.

I

1. The wthheld informaten e property class.fied pursuant to tascutive Order 12356 (ExtMPflON 11 2 The wthheld informaten relates solely to the internal personnet rules and procedures of MC ItxtMPfiON 21 e

3. The wthheld ieformation e specdically esempted frorn publec esclosure by tratute mdicated itXtMPflON 3)

Secten 141146 of the Atomic Energy Act which prohets the deciosure of Restnctert r)ata or Formody Resincted Data (42 U.S C. 2tet 2t06#.

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, Secten 147 of the Atomic Energy Act which prohibets the deciosur e of Unclassefed Safeguards inforfraten (42 U S C. 218h f 4. The wthheid information is a trade secret or commercial or fmancial eformation that e bemg wthheld for the reasontal indicated IDEMPflON 41 l

The 6nformation is consedered to be confwlential business (propretaryl informaten.

The informaton a coessdered to be propnetary m'ormaten pursuant to 10 CFR 2 790(ddf) l j The information was submitted and receeved a confidence trora a foreign source pursuant to 10 CFR 2 790tdH2L 6 The withbeid informaten consists of eterogency or mtraagency records that are not available through decovery during litigation Declosur e of predeceional informaten j

\f would tend to chet the open and frare eschenge of ideas essecteae to the debberative process. Where records are withheld in their entwety. the facts are inestncabry i

1 A intertwned wth the predeceenas eformaien there aise are no reasonsbi, negregebee factual portions because the release of the facts would permet es anderect inquiry into tne prodocis.onal process of the egency itxtMP TION h J

6. The wthheld informaten is seempted from public esciosu re because its esclosure would result in a clearty unwarranted mvation of personal privacy itxtMPflON 63 k

7. The wthheld irdormation consists of evestigatory records comoded for le* ento

• cement purposes and a bemg withheid for the reasonis) inecated tutMPfiON 71 Disclosur e would intertere wth an enforcement proceeding because it could teveal the scope. erect. n, and focus of enforcement eNorts and thus could poss@y allow them to taae acten to sheeld potentias wrongdomg or a violaten of NRC requirements from mvestigators stutMPflON 7 tan Declosure *ould constitute en unwerranted evesen o' persones privety <DEMPflON 7tCH 1

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The information contets of names of mevutuais and other eformation the esclosure of which would revealioentitles of confedentel sources IDtMPfl0N 7tDil PARf 18 C-DINylNO OFFICIALS re Pursuant

.~ te.t s s pro t,o~,en to CPR o, es9sure 9 and 'or 915 e contr of the to e p..c m erestU S.,Nuciese the personsRegulato,ry

,e, pons e toCommismon tho dem. a,e those regularens. o ,-o .n It.has b,een

.ed beeow es denymo deteem,med on~s e~ the that the,mforma owec .

Diveen of Rules and Records, Office of Adminstratori. for any denials that may be appeated to the teocueve Director for OpeesteneilDol '

3 OtNylNG Of ficiAL fif Lt Of FICE RECORDS OtNit0 APPILLAff CFFICIAL i i secaptany too

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{ PART ll D- APPEAL MIOMTS

, The denial by each denying official 6dentifed in Part ll C may be appealed to the Appellate Officialidentifed 6n that section. Any such appeal must be in i

writing and must be made within 30 days of teceipt of this response. Appeele must be addressed se appropriate to the (secutive Directot for Operatione et to

{ the Secretary of the Commission. U,$. Nuclear llegulatory Commission, Washington, DC 20666, and should cleerfy state on the envelope end in the letter

! that it 6e art " Appeal from an initial FOIA Decision.

Isac Foau ans ipert M U.S. NUCLEAR RtGULATORY COMMISSION

cui FolA IqESPONSE CONTINUATION 4

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_ . - . . - . . . . - . - - .. . . - ~ . . _ _ . . _ - . . -

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! PREEDOM OF INFO MATION ACT CESPONSE FOIA NUMBERISF ha == fh- DAtt lg 3l , d 37  !

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• e MAT 46 5-tJPLICA:tt Fila ExtTPflONS '

Cecords subject to the request that see described in the enclosed Appendices b YH _ _ _ are being withheld in their entsrety or in part un

, Esemptiofig and for the reasons set forth below pursuant to 5 U S.C. 552(b) and to CFR 9 Stal of NRC Regulations.

I I

t. The withheld informanon e property classited pursuant to Enocutne Order 12356 itxtMPflON O l

2 The wthheld enformaton telates solely to the internal personnet rules and procedures of NRC. (ExtMPflON 2)  !

I 3 The withheid ieformanon a specifically esempted from public esclosure by statute inecated itxtMPflON 3)

Section 141145 of the Atomic trergy Act which prohitate the esciosure of Restncted Data or Formetty Restncted Data 142 U S C. 21612165L f Section 147 of the Atomic Energy Act wNch proh tzts the esclosure of Unclassified Safeguarda information 142 U S C. 216h.

- i

4 The wthheld eformation e a trade secret or commercial or fmancial eformaton that is bemg wthheid for the reason (s) indicated. (ExtMPTION 4)

The information e consideved to be confidentiat busmess iproprietary) mformatsun.

'i The leformaton is considered to be propretary eformation pursuant to 10 CFR 2390tdHil.

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4 The information was submitted and recewed m confidence from e foreign source pursuant to 10 CFR 2 7%tdF2L j l

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& The wthheld enformation coneests of interogency or inttaagency records that are not evadable through escovery durmg fitigation Declosure of predereenal information d

would tend to inNbet the open end frank enchange of ideas essential to the deliberative process Where recorde are withheld in their entirety, the tacts are sneatncably i mtertweed with the edecisenet mformation. There eleo are no eah merect engury mte tpe pronecreenal procese of the egency. It AtyM DON segregable factual portions because it's reiseee of the facts would permit an e the mui.id mfo,maison is e..mpted from pubiit d.iosu,e b.cause iis esciosu,e wouid ,e.uii in a cies,ey unwarrani.d invasion of p.rsonai penacy. itxtMPriON et l

7 The wthheld mformation consists of investigatory records comoded for law enforcement purposes and is being wthhe6d for the reasonist inecated. (tXtMPflON 71 i l Octosure would interfe,e with en enforcement proce +ng because it couid reveas the scope, erect and focus of enforcernent er forts and thus coukt

posastpy allow them to late action to sewed potentiai wrongdomg or a violation of NRC requiremen tom investigatoes ItxtMPTION 71AH 6

j 0.actosure would constreute an unwarranted evas on of personal prwacy itxtMPfiON 7(CH k

The eformation consiste of riamos of andwiduals and other mformation the disclosute of which would revealidentities of confeder'tial sources itxtMPflON 7IDH l

PART fl C-DINytNG OFFICIALS

of the U $ Nuclear Reg tene i Pursuant toducten to 10 CFR o, d sciosu 9 9 and '.or 9 iS,e e conirarv c inte.est the tope, thesons put uistory Commisson eegula,espon. it has been determined that the aforma

and maiof itsEutes one Records, office of Adme.strenon, foe an, dentais mai may be appeased to the i.ecuave 0, rector for one,atior s itoois.bie fa, the d Division r

j OtNYING of f aciAL fitLE OHitt RECORDS DENit0 APPtLLAf t OFFICIAL l l stCatfany too M.S *

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I l PART st 0- APPsat RioHis j i The denial by each denying official 6dentified 6n Part 11 C may be appealed to the Appellate Official identified in that section. Any such appeal must be in wnting and must be made withen 30 days of receipt of this response. Appeels must be addressed as appropriate to the Enocutive Oirector for Operations or to i the Secretary of the Comminion, U S. Nuclear Regulatory Commission, Washington, OC 20666, and should clearfy state ott the envelope and in the letter th*t et is en " Appeal from en Initiet FolA Decision.

seec Foam see irert at U.S. NUCLEAR REOULATORY COMMISSION m esi FOlA RESPONSE CONTINUATION '

- - . . _ - . - - - , - . - - - - - - - - . -- ,.,-, - - - _ .~ --- --- - -,--,---- - ---- -----,-

,, Re: FOI A- _87 - 18 APPENDIX F

! REC 0_RDS MAINTAINED IN THE PDR UNDER THE-ABOVE REQUEST NUMBER

, NUMBER DATE DESCRIPTION

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Re: FOI A-_ _87 - 18 i

,- APPENDIX G 1

t RECORDS PARTIALLY WITHHELD l NUMBER DATE DESCRIPTION & EXEMPTION

! 1. 10/9/8C Note for: Richard Levi. OGC From: Frank Ingram, OPA ist page - released Attached draft public' announcement of proposed  !

amendment to Part 50 Timing Requirements for

Emergency Exercises 2 pages -

Exemption 5 j withheld

2. Undated Memo for: Tom Rehm i From: William C. Parler. GC

Subject:

Proposed Emergency >

i 1

Preparedness Rulemaking istpage-released 1

j Attached draft of Proposed j Emergency Preparedness Rulemaking 18'pages Exenption 5 -

, withheld j 3. 3/21/85 Draft of SECY-85-103

{

j For: The Commissioners From: Martin G. Malsch, Deputy General Counsel

Subject:

ucs v. NBC. 735~F.2d 1437 (D.C. Cir.

1 1984) (INERGENCY PREPAREDNESS EXERCISES MAY NOT BE

, EXCLUDED BY RULE FROM OL HEARINGS) (21 pages) j latpage-released  ;

I 2d page - partia11., Ex. 5 '.

releas d

.i withheld: Exemption 5 Attachment 1: Memo for: William H. Briggs, Jr.

From: Guy H. Cunninghang III

Subject:

UCS v. NRC (4 pps.)

4 j

Attachment 2: Draft of Final Rule - 10 CFR Part 50 (6 pages)

Attachment 3: Marked-up copy of 50.47(a)(2)

(2 pages) 1 Attachment 4: Memo for: William J. Dircks i

From: Samuel S. Chilk, Secretary

Subject:

SECY UCS v. NRC (2 pages)

{ 4. 10/6/86 SECY-86-291

! Fort The Commissioners 1

• From: William C. Parler, GC j

Subject:

Proposed Emergency Preparedness Rulemaking (2 pages released

Attachment:

Proposed rule (12 pages withheld)')

Attachment:

Regulatory analysis (6 pages withheld) Exenption 5 j

i

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Re: FOIA 18 _-

. APPENDIX G RECORDS PARTIALLY WITHHELD NUMBER DATE DESCRIPTION & EXEMPTION 5 Undated Memo for: William C. Parler, GC

' ~ From: Samuel J. Chilk, Secretary

Subject:

SECY-86-291 wi e$se Exemption 5 in part Attached draft of proposed rule 3 pages

. withheld Exemption 5 11/19/86 Memorandum for: The Commissioners From: Samuel J. Chilk, Secretary

Subject:

Staff Requirements Memorandum g ,,,, Exemption 5 released

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Re: F 01E 18_ _ _ _ _ _ _ _ - _ _ _

. APPEh0lb 'H RECORDS __ TOTALLY W1THHELD NUMBER O_ ATE -

DESCRIPTION s '

- - 1, Undated s' '

Draft of Proposed Rule - Timing Requirements for N .N ' Full Participation Eaer,cency Preparedness Exercises y for Power License (18Reactors Prior to5Receipt of an Operating pages) Exemption 2 Undated Attachment to SECY-86-291 (18 pages) Exemption 5 - Draft of Proposed Rule

' 3, 10/16/86 10/17/86 Notation Vote Sheets re: SECY 86-291 Exemption'5 11/7/86 11/7/86 11/14/86 4 Undated 5.

Marked-up copy of draf t of Proposed Rule (18 pps. ) Exemption 5 Undated - Craf t copy of proposed rule entit. led - Revision to Timing Requirements for Full Participation Emergency Preparedness License (17 pages). Exemption 5 Exercises for Power Re s

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(_) $ (MM- M Nuclear Information and Resource Service 1616 P Street, N.W., Suite 160, Washington, D.C. 20036 (202) 328-0002 January 6, 1987 Donnie Grimsley .

Division of Rules and Records fRf.tiOOM OF WFORMAT 0N Office of Administration ACI RE UEST US Nuclear Regulatory Commission Washington, DC 20555 g p .Q, p q q [

Sc y l-9-9 7 FREEDOM OF INFORMATION ACT REOUEST

Dear Mr. Grimsley,

Pursuant to the Freedom of Information Act, 5 U.S.C. 522, as amended, and 10 CFR 9.8 of the Commission's regulations, the Nuclear Information and Resource Service requests the following documents pertaining to the NRC's proposal to amend its regulations regarding the timing requirements for full participation emergency drills.

Please consider " documents" to include reports, studies, test results, correspondence, graphs, charts, diagrams, notes and summaries of conversations and interviews, computer records, and any other forms of written communication, including internal NRC Staff memoranda.

Pursuant to this request, please provide all documents prepared or utilized by, in the possession of, or routed through the NRC related to :

1. The relaxation of timing requirements for full participation emergency preparedness exercises for power reactors prior to the issuance of full-power operating license. The amendment would require full participation exercises every two years rather than every year. The proposed change was printed in the Federal Register on Tuesday December 2,1986, page 43369.

In your response, please provide a list of offices to which this request was forwarded.

In our opinion, it is appropriate in this case for you to waive search charges, pursuant to 5 U.S.C. 522 (a) (4) (A) "because furnishing the information can be considered as primarily benefiting the general public." The Nuclear Information and Resource Service is a non-profit organization serving local (m - ^ /

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organizations concerned about nuclear power and provides information to the general public, members of Congress, State and local officials.

If you have any questions about the nature of this request, please contact me by phone at 328-0002. We look forward to your prompt reply.

Sincerely, ,

t Stephanie Murphy l

1 l

l

Re: F0I A 18

~

APPENDIX F RECORDS MAINTAINED IN THE PDR UNDER THE AB0VE REQUEST NUMBER NUMBER DATE DESCRIPTION

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SEP 261986 MEMORANDUM FOR: Richard W. Krimm Assistant Associate Director Office of Natural and Technological Hazards Federal Emergency Management Agency FROM: Edward L. Jordan, Director Division of Emergency Preparedness and Engineering Response Office of Inspection and Enforcement

SUBJECT:

REQUEST FOR FEMA REVIEW 0F PROPOSED RULE REVISING EXERCISE TIMING PRIOR TO LICENSING As discussed with your staff, we request FEMA review of the attached proposed rule. The proposed rule would relax the requirements for a full participation exercise prior to issuance of an operating iicense from the present one year to two years. As you are aware, the present rule necessitates two fu.ll partici-pation exercises at some sites because of the conflict between performing an exercise early enough to provide for the hearing process yet meet the regula-tion for an exercise within one year of licensing.

Based on discussions between yourself and Sheldon Schwartz it is our under-standing that FEMA will provide the results of its review by October 10, 1986.

Original C rred by Sheldon A. Sch23rts Y

Edward L. Jordan, Director

}DivisionofEmergencyPreparedness and Engineering Response Office of Inspection and Enforcement

Enclosure:

Ltr to E. L. Jordan from M. G. Malsch dtd. 9/22/86 Distribution:

JMTaylor, IE RWStarostecki, IE ELJordan, IE pSchwartz,IE 89BMatthews, IE JGPartlow,'IE BKGrimes, IE DCS DEPER R/F O- '

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PER:IE _ ,,,

Jordan . -

9/ap/86  ;

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[7590-01]

NUCLEAR REGULATORY COMMISSION 10 CFR Part 50  ;

l Production and Utilization Facilities; Timing Requirements for Full i Participation Emergency Preparedness Exercises for Power Reactors Prior to Receipt of an Operating License: Extension of Coment Period i

AGENCY: Nuclear Regulatory Comission.

1 ACTION: Proposed rule: Extension of Coment period. l

SUMMARY

On December 2,1986, the Nuclear Regulatory Comission (NRC) l published for public coment a proposed rule to relax the timing requirements i

for a full participation emergency preparedness exercise for power reactors to within two years prior to issuance of a full-power operating license from the current requirement of within one year of issuance of a full-power operating license. The notice provided that the coment period would expire on January 2, 1987. The NRC has received several requests from potential commenters to extend the coment period to enable them to prepare adequate comments on the l proposed rule. In response to these requests, the NRC has decided to extend the comment period for an additional 10 days, to expire on January 12, 1987.

DATES: The coment period has been extended and now expires January 12, 1987.

Coments received after that date will be considered if it is practical to do so, but assurance of consideration can be given only for coments received on or before that date.

ADDRESSES: Send written coments or suggestions to the Secretary of the Comission, U. S. Nuclear Regulatory Comission, Washington, DC 20555, l

- - 1 m,e s. e 2

Attention: Docketing and Service Branch. Copies of comments received may be examined at the NRC Public Document Room, 1717 H Street, Washington, D.C.

FOR FURTHER INFORMATION CONTACT: Michael T. Jamgochian, Regulatory Applications Branch, Office of Nuclear Regulatory Research, U. S. Nuclear Regulatory Comission, Washington, DC 20555, Telephone 301-443-7657.

Date at Washington, DC, this 3fF day of ha b 1986.

For the Nuclear Regulatory Comission.

_

• t= < -

1amuel J. Chilk, Secretary of the Comission.

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SEc 144-29'l V' //

dW ADDITIONAL VIEW 0F COMMISSIONER ASSELSTINE I disapprove this proposed rule change.

I continue to bel ~1 eve that the requirement to conduct a full participa-tion exercise, which includes State and local government participation, within one year prior to issuance of an operating license is needed to provide an accurate and timely verification of the adequacy of emergency preparedness. The purpose of this requirement is to provide an up-to-date assessment of the state of emergency preparedness for a new plant at the time the plant receives an operating license. This requirement has been easily satisfied in most cases. In the few cases in which there has been some difficulty, the Commission's exemption process provides a suitable alternate method for addressing the situation. Given the satisfactory

(

experience with the current rule and the benefit in having up-to-date and accurate information on the state of emergency preparedness at new nuclear power plants, I would not relax the existing one-year requirement for a

! full participation exercise.

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.. Re: FOIA 18 -

APPENDIX G RECORDS PARTIALLY WITHHELD NUMBER DATE DESCRIPTION & EXEMPTION

1. 10/9/86 Note for: Richard Levi, OGC From: Frank Ingram, OPA ist page - released Attached draft public announcement of proposed amendment to Part 50 Timing Requirements for Emergency Exercises 2 pages - Exemption 5 withheld

2. Undated Memo for: Tom Rehm From: William C. Parler, GC

Subject:

Proposed Emergency i Preparedness Rulemaking ist page - released Attached draft of Proposed Emergency Preparedness Rulemaking 18 pages Exemption 5 withheld i

3. 3/21/85 Draft of SECY-85-103 l For: The Commissioners From: Martin G. Malsch, Deputy General Counsel

Subject:

LICS v. HEC. 735 F.2d 1437 (D.C. Cir.

1984) (EMERGENCY PREPAREDNESS EXERCISES MAY NOT BE EXCLUDED BY RULE FROM OL HEARINGS) (21 pages) istpage-released 2d page - ' partially Ex. 5 withheld: Exemption 5 released' Attachment 1: Memo for: William H.-Briggs, Jr.

From: Guy H. Cunninghara, III

Subject:

UCS v. NRC (4 pps.)

Attachment 2: Draft of Final Rule - 10 CFR Part 50

(;3 pages) l Attachment 3: Marked-up copy of 50.47(a)(2)

(2 pages) l Attachment 4: Memo for: William J. Dircks i

From: Samuel S. Chilk, Secretary

Subject:

SECY-85 .___. UCS'v. NRC (2 pages)

4. 10/6/86 SECY-86-291 For: The Commissioners From: William C. Parler, GC

Subject:

Proposed Emergency Preparedness Rulemaking (2 pages released

Attachment:

Proposed rule

Attachment:

Regulatory analysis(12 (6 pages pages withheld))')

withheld Exemption 5

Re: FOIA 18

~

APPENDIX G RECORDS PARTIALLY WITHHELD NUMBER DATE DESCRIPTION & EXEMPTION

5. Undated Memo for: William C. Parler, GC From: Samuel J. Chilk, Secretary

Subject:

SECY-86-291 1st page withheld Exemption 5 in part Attached draft of proposed rule 3 pages withheld Exemption 5 11/19/86 Memorandum for: The Commissioners From: Samuel J. Chilk, Secretary

Subject:

Staff Requirements Memorandum 1 page Exemption 5 released l

e y