ML20236X686

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Responds to 870928 Appeal Re Denial of FOIA Request for Documents.App C Documents Considered Predecisional in Nature.Documents Still Withheld (Ref FOIA Exemption 5)
ML20236X686
Person / Time
Issue date: 12/04/1987
From: Chilk S
NRC OFFICE OF THE SECRETARY (SECY)
To: Bauman L
GOVERNMENT ACCOUNTABILITY PROJECT
References
FOIA-87-513, FOIA-87-A-82 NUDOCS 8712100086
Download: ML20236X686 (1)


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OFFICE OF THE December 4, 1987 SECRETARY Ms. Linda Bauman Government Accountability Project Midwest Office 104 East Wisconsin Avenue Appleton, Wisconsin 54911 Re: F0IA Appeal 87A-82C

Dear Ms. Bauman:

This letter responds to your September 28, 1987 appeal of this Agency's denial of documents identified in our September 24, 1987 response to F0IA 87-513.

In response to your appeal, the withheld material was again reviewed. On the basis of this review. I affirm the Agency's initial decision.

The documents identified on Appendix C (inter-office memoranda, notes, transcripts (C-3 and C-7), etc.) all relate to the then predecisional issue regarding organizational changes in the Agency's Region IV office.

Documents C-1, C-3, C-4, C-5, C-6, C-7, C-8, C-9, C-11, C-12, C-14, C-17, C-18, C-20, C-21, C-22 and C-23 contain the Commissioners' views on proposed organizational alternatives and reveal the Commissioners' particularized questions and directives to staff regarding organizational changes. Documents C-2, C-10, C-13, C-15, C-16, C-19 and C-24 contain the findings, opinions, recommendations, analyses, and impressions of the various staff personnel who responded to the Commissioners' questions or requirements.

Disclosure of any of this information would reveal the predecisional views of the Agency, as well as its deliberative process. Moreover, disclosure of this type of information would tend to inhibit the open and frank exchange of information in future deliberations and thus, would not be in the public interest. Consequently, the Agency's reliance on Exemption 5 of the F0IA to deny disclosure was entirely proper. j This letter represents final Agency actic.i on your September 28, 1987 F0IA appeal. Judicial review of the denial of documents is avaiiaoie 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, f L

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h6871204 amue b k BAUMAN87-A-82 PDR Secretary of the Commission i

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