ML20215E694

FOIA Response to Request for Correspondence to Commission Re Licensing of Plant & 860417 Decision.Since ,Addl Record Found.App G Identifies Record Withheld (Ref FOIA Exemption 5)

ML20215E694
Person / Time
Site:	Perry
Issue date:	10/06/1986
From:	Grimsley D NRC OFFICE OF ADMINISTRATION (ADM)
To:	Hiatt S OHIO CITIZENS FOR RESPONSIBLE ENERGY
References
FOIA-86-297 NUDOCS 8610150453
Download: ML20215E694 (3)

Text

1. p ..%'o ~ UNITED STATES TDhb f n NUCLEAR REGULATORY COMMISSION g p WASHIPeGTON, D. C. 20555 s.,...../ m,a Ms. Susan L. Hiatt OCRE Representative 8275 Munson Road IN RESPONSE REFER Mentor, OH 44060 TO F01A-86-297

Dear Ms. hiatt:

This is in regard to your letter dated April 18, 1986, in which you requested, pursuant to the Freedom of Information Act (F0IA), copies of records since January 1986 regarding the licensing of the Perry nuclear power plant and records pertaining to the Comission's April 17, 1986, decision to vacate the Appeal Board's March 20, 1986, Memorandum and Order regarding OCRE's motion to reopen the hearing regarding the January 31, 1986, earthquake.

On August 8,1986, a letter was sent to you indicating the search for and review of records subject to your request had been completed. Since that letter was sent to you, the staff has informed me that an additional record has been found that is subject to F01A-86-297 which was not previously identified to you.

The record, which is identified on the enclosed Appendix G, is being withheld in its entirety pursuant to Exemption (5) of the FOIA (5 U.S.C. 552(b)(5)) and 10 CFR 9.5(a)(5) of the Comission's regulations. This record was written by former Chairman Palladino's legal assistant and it discusses a legal issue contained in the Comission's draft order for the Perry nuclear power plant.

This record contains predecisional legal analyses, opinions, and recomendations reflecting the deliberative process on this issue. The release of this record would tend to inhibit the open and frank exchange of ideas essential to the deliberative process. This record contains no reasonably segregable factual portions.

Pursuant to 10 CFR 9.15 of the Comission'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 person responsible for this denial is Mr. John C. Hoyle, Assistant Secretary of the -

Comission.

l 8610150403 861006 PDR FOIA HIATT86-297 PDR

Ms. Hiatt -

Ti}is ~ denial may be appealed to the Secretary of the Comission within 30 days from the receipt of this letter. Any such appeal must be in w.-iting, addressed to the Secretary of the Comission, U. S. Nuclear Regulatory Comission, Washington, DC 20555, and should clearly state on the envelope and in the letter that it is an " Appeal from an Initial F0IA Decision."

Sincerely, (nw 57 dji Donnie H. Grimsley, Direttor Division of Rules and Records Office of Administration

Enclosure:

As stated

RE: F01A-86-297 Appendix G 4/16/86 Handwritten untitled note from C.W. Reamer to P. Davis (2 pages)

I l

I

. Aprtl 18, 1986 l

Mr. J.M. Felton, Director Divtston of Rules and Records Office of Administration U.S. Nuclear Reguictory Commtssion FREEDOM OF N Woshington. O.C. 00555 ACT REQUEST FREEDOM OF INFORMATION ACT REQUEST P ZA 4b "J 7

Dear Mr. Felton:

[-y j .h Pursuant to the Freedom of Informatson Act, 5 USC 552 os omendee, and the provissons of 10 CFR Port 9, the u n d e r s t a r.e s heremy requests the following:

1. ony communscotions or correspondence (memos, letters, notes, etc.) to the Commission or any member thereof regarding the Itcenssng of the Perry Nuclear Power Plant received from ony person or party (includtng but not 1smited to members cf Congress, employees tnereof, or other elected or c'pointec officials of federol, state, or local governments, NRC employees, the Clevelond Electe sc Illuminating Co., ses cortners or ogents, the Deportment of Energy, the Presteene or persons acting on his beholf, bus 1 ding trades unsons or the:r meneers, or members of the public) since donuc.ry 19861

2. any memos. letters, reports, position papers, or other docume.Tts concerning the Commission's April 17, 1986 cec 151on T I-vocote ene Appeal Bo'rd's March 20, 1986 Memorondum one Order regarding OCRE's morson eo reopen tne Perry nearsng recere en the January 31, 1986 ecrenquoke.

I ogree to accept the charges for these items, and ! Would appreciate o prompt response to this FOIA request.

5incerely, d

4 Suson L. Hsort CCRE Representative 8275 Munson Re.

Mentor, OH 44060 (216) 255-3158

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