ML20234B559

Further Response to 860707 Appeal of Dh Grimsley 860604 Denial of FOIA Request for Documents Re NRC Comanche Peak Task Force.Previously Withheld Portions of Documents in App O Will Continue to Be Withheld (Ref FOIA Exemption 5)

ML20234B559
Person / Time
Site:	Comanche Peak
Issue date:	06/26/1987
From:	Stello V NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To:	Garde B GOVERNMENT ACCOUNTABILITY PROJECT
References
FOIA-85-59, FOIA-86-A-105 NUDOCS 8707060103
Download: ML20234B559 (1)

Text

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( ,of iog UNITED STATES NUCLEAR REGULATORY COMMISSION 1

g p,,c g g :E WASHINGTON, D. C. 20555

%, ...../ JUN 2 61987 Billie Pirner Garde, Esquire Government Accountability Project Midwest Office IN RESPONSE REFER 104 E. Wisconsin Avenue TO F01A-86-A-105 Appleton, WI 54915-8605 (F01A-85-59)

Dear Ms. Garde:

This is in further response to your letter dated July 7, 1986, in which you appealed Mr. Donnie H. Grimsley's letter dated June 4,1986.

Mr. Grimsley's letter denied portions of documents that were subject to your Freedom of Information Act (F01A) 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 requested documents. This letter addresses those portions of 81 documents listed on Appendix 0 which were initially denied pursuant to an F0IA exemption.

Acting on your appeal, I have carefully reviewed the record in this case i and have determined that the previously withheld information in the 81 documents will continue to be withheld from public disclosure pursuant to Exemption (5) of the F0IA (5 U.S.C. 552(b)(5)) and 10 CFR 9.5(a)(5) of the Commission's regulations. Your appeal is, therefore, denied.

As stated in Mr. Grimsley's letter dated June 4,1986, 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 agencies.

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 4 district court of the United States in the district in which you reside 1 or have your principal place of business or in the District of Columbia.

Sincerely, /

c e r el Jr.

E cut eD ctor for Operations 8707060103 B70626 GbDE A-105 PDR