ML20215H304

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Further Response to Appeal Re Denial of FOIA Request for Documents Re Facility.Appeal Denied.Documents Previously Withheld Will Continue to Be Withheld (Ref FOIA Exemption 4)
ML20215H304
Person / Time
Site: Fermi DTE Energy icon.png
Issue date: 06/19/1987
From: Stello V
NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To: Puntenney J
SAFE ENERGY COALITION OF MICHIGAN
References
FOIA-86-362, FOIA-86-A-146 NUDOCS 8706240054
Download: ML20215H304 (1)


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UNITED STATES NUCLEAR REGULATORY COMMISSION OS l 5 .p WASHINGTON, D. C. 20555

\...../ 4 JllN 191987 Ms. Jennifer E. Puntenney Executive Director Safe Energy Coalition of Michigan IN RESPONSE REFER P. O. Box 331 TO F01A-86-A-146 Monroe, MI 48161 (F01A-86-362)

Dear Ms. Puntenney:

This is in further response to your letter dated August 19,1986, in which you appealed Mr. Donnie H. Grimsley's letter dated July 16, 1986. i Mr. Grimsley's letter denied eleven documents subject to your Freedom of l Information Act (FOIA) request for documents regarding the Fenni plant. i i

My letter to you dated October 31, 1986, responded to nine of the documents and stated that the NRC had not received a response to our letter to the originator of the other two documents concerning a proprietary claim. Detroit Edison's response has been received and reviewed, and I have determined that the previously withheld two documents will continue to be withheld from public disclosure pursuant to Exemption (4) of the F0IA (5 U.S.C. 552(b)(4)) and 10 CFR 9.5(a)(4) of the Commission's regulations. Therefore, your appeal regarding these two documents is denied.

These documents, prepared by Hydro Nuclear Services and Detroit Edison, are marked as proprietary documents and are still Considered as such.

These documents represent a self-initiated, self-critical analysis of the raciation protection program at Detroit Edison's Fermi-II Atomic Power Plant. They are considered confidential, proprietary and privileged by their owner, Detroit Edison. If the NRC were to disclose these documents, such action could discourage companies from being self-critical and self-policing of their own problems in the future (something the Commission is on record as encouraging) and could impair the NRC's ability to obtain similar information in the future. As a result, your request for disclosure of the two reports is denied.

This is a final agency action. As set forth in the F01A (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 l or have your principal place of business or in the District of Columbia.

Sincerely, J

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