ML20235P649
| ML20235P649 | |
| Person / Time | |
|---|---|
| Issue date: | 07/15/1987 |
| From: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| To: | Lynd L TERA CORP. |
| References | |
| FOIA-87-A-45 NUDOCS 8707200567 | |
| Download: ML20235P649 (3) | |
Text
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[p ung UNITED STATES h h$ ~ 0 Y k y n NUCLEAR REGULATORY COMMISS!ON
{ $ W ASHIN GTON, D.C. 20555
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CFFICE OF THE SECRETARY July 35, 1987 1
i fis. Susan Lynd TERA Tenera, L.P.
7101 Wisconsin Avenue Bethesda, Maryland 20814 Re: Appeal of FOIA 87-289(87-A-45C)
Dear Ms. Lynd:
l l
This letter responds to your June 23, 1987 appeal of the agency's l June 18, 1987 denial of document number 5 of Appendix B: " Memorandum l for: Commissioner Asselstine, From: Martin G. Malsch, Acting General Counsel, and Guy H. Cunningham, III, Executive Legal Director,
Subject:
Enforceability of FSAR Comitments," dated 6/27/86 (see Attachment).
The agency again reviewed the withheld document. Based on that review, ,
I affirm the initial agency decision. The document which the agency withheld under Exemption (5) of the Freedom of Information Act 5 U.S.C. !
552(b)(5), is predecisional, and contains recommendations and opinions on legal and policy matters given by the Acting General Counsel and { 1 Executive Legal Director to Commissioner Asselstine. The purpore of the ;
deliberative process privilege is to " prevent injury to the quality of i agency decisions." NLRB v. Sears Roebuck & Co., 421 U.S. 132, 151 (1975). Disclosure of this predecisional document would be likely to
" stifle honest and frank communication within the agency." Coastal States Gas Corp. v. Department of Energy, 617 F.2d 854, 866 (D.C. Cir.
1980). Any facts are inextricably intertwined with deliberative material. See Ryan v. Department of Justice, 617 F.2d 781, 790-791 (D.C. Cir. 1980). Their release would permit an indirect inquiry into predecisional agency deliberations and would leave only meaningless words and phrases. Neufeld v. IRS, 646 F.2d 661, 663 (D.C. Cir.1981);
Mead Data Central, Inc. v. Department of the Air Force, 566 F.2d 242, B 6 ]D.C. Cir. 1977). Furthermore, the document is protected by the l attorney-client privilege, because it concerns both information provided l by Commissioner Asselstine to agency attorneys, and the agency I attorneys' opinions given to Commissioner Asselstine based on that information. See U) john Co. v. United States, 449 U.S. 383, 394 (1981);
Murphy v. TVA, 571 :.Supp. 502, 506 (D.D.C. 1983).
8707200567 07071D PDR FOiA L YND07-A-4 5 PDR i
2 This letter represents final agency action on your June.23,1987 FOIA appeal. Judicial. review of the denial of documents is available in-Federal District Court in the district in which you reside'or have your principal place of business, or in the District of Columbia.
Sincerely, gladu' ~ ~ k Secretary f the Commission
Attachment:
Appendix B J
1
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1
APPENDIX 2 !
- 1. 12/22/78 Memorandum for: Commissioner Bradford, From: James L. Kelley, Acting General Counsel,
Subject:
UCS Fetition (4 pages).
- 2. 10/19/83 Memorandum for: Ben B. Hayes, Director, Office of Investigations, From: James A. Fitzgerald, Assistant j General Counsel,
Subject:
Enforcement of Commit- '
ments Made by Southern California Edison (SCE) to l NRC Regarding San Onofre Nuclear Generating Station l (SONGS) Unit 1 (9 pages). l
- 3. 1/11/85 Memorandum for: Chairman Palladino and Commissioners l Roberts, Asselstine, Bernthal, and Zech, From: James ;
A. Fitzgerald, Assistant General Counsel, Subject- i Enforcement Alternatives with Respect to Operator Licensees (4 pages). ,
- 4. 2/3/86 Memorandum for: Chairman Palladin'o and Commissioners Roberts, Asselstine, Bernthal, and Zech, Fron:
Martin G. Malsch, Deputy General Counsel,
Subject:
{
Insider Safeguards Rules (SECY-85-381) (6 pages).
- 5. 6/27/86 Memorandum for: Commissioner Asselstine, From: ;
/ Martin G. Malsch, Acting General Counsel, and Guy l H. Cunningham III, Executive Legal Director,
Subject:
Enforceability of FSAR Commitments (7 pages). .
O e
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