ML20216J094

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Further Response to Appeal of Dh Grimsley 860630 Denial of FOIA Request for Info Re Comanche Peak Task Force.Forwards Three Documents Previously Withheld.Info in 40 Documents Continues to Be Withheld (Ref FOIA Exemption 5)
ML20216J094
Person / Time
Site: Comanche Peak  Luminant icon.png
Issue date: 06/26/1987
From: Stello V
NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To: Garde B
GOVERNMENT ACCOUNTABILITY PROJECT
Shared Package
ML20216J099 List:
References
FOIA-85-59, FOIA-86-A-134 NUDOCS 8707020113
Download: ML20216J094 (1)


Text

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UNITED STATES

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JUN 2 G 1987 Billie Pirner Garde. Esquire Government Accountability Project Midwest Office IN RESPONSE REFER 104 E. Wisconsin Avenue TO F01A-86-A-134 Appleton, WI 54915-8605 (F01A-85-59)

Dear Ms. Garde:

This is in further response to your letter dated July 24, 1986, in which you appealed Mr. Donnie H. Grimsley's [[letter::IA-85-699, Responds to 860515 Appeal of 860417 Partial Denial of FOIA Request for Documents Concerning Board Notification 85-084 Re ACRS Review of Ssers 7-11 (NUREG-0797).Documents Still Withheld (Ref FOIA Exemption 5)|letter dated June 30, 1986]].

Mr. Grimsley's letter 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 reques ted documents. This letter will address those entire three documents and the portions of 40 documents listed on Appendix CC which were initially denied pursuant to an FOIA exemption.

Mr. Chilk will respond separately regarding 42 documents.

Acting on your appeal, I have carefully reviewed the record in this case and have determined that the three documents withheld in their entirety can now be made publicly available.

These documents are enclosed.

I have also determined that the previously withheld information in the 40 documents will continue to be withheld from public disclosure pursuant to Exemption (5) of the FOIA (5 U.S.C. 552(b)(5)) and 10 CFR 9.5(a)(5) of the Consnission's regulations.

Your appeal is, therefore, partially granted and partially denied.

As stated in Mr. Grimsley's [[letter::IA-85-699, Responds to 860515 Appeal of 860417 Partial Denial of FOIA Request for Documents Concerning Board Notification 85-084 Re ACRS Review of Ssers 7-11 (NUREG-0797).Documents Still Withheld (Ref FOIA Exemption 5)|letter dated June 30, 1986]], the withheld portions of these documents relate to the subject of potential violations. The withheld information was predecisional to the issuing of the enforcement action on Comanche Peak.

Exemption (5) shields from mandatory disclosure information generated in the deliberative process that precedes most decisions of government ager,cies.

This is a final agency action. As set forth in the F0IA (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 or have your principal place of business or in the District of Columbia.

Sincerely. /

J i

or S llo Jr.

ecutife Di ector for Operations

Enclosures:

As stated 8707020113 870626 PDR FOIA GARDE 86-A-134 PDR