ML20237F972
| ML20237F972 | |
| Person / Time | |
|---|---|
| Issue date: | 08/11/1987 |
| From: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| To: | Bauman L GOVERNMENT ACCOUNTABILITY PROJECT |
| References | |
| FOIA-87-340, FOIA-87-341, FOIA-87-A-53, FOIA-87-A-54 NUDOCS 8708130257 | |
| Download: ML20237F972 (2) | |
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'g ap NUCLEAR REGULATORY COMMISSION WASHINGTON D.C. 20555 g(h
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OFFICE OF THE August, 11, 1987 SECRETARY i Linda Bauman F0IA Coordinator !
Government Accountability Project I i 104 W. Wisconsin Avenue l Appleton, Wisconsin 54911-4897 t
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Subject:
F01A-87-A-53(C)(87-340)
F01A-A-87-A-54C(87-341) j
Dear Ms. Bauman:
l This is in response to your letters of July 7,1987 appealing the witholding of documents responsive to your June 13, 1987 requests under the Freedom of Information Act (F0IA), 5 U.S.C. 552, for documents related to telephone records and other information concerning an Office of Inspector and Auditor (01A) investigation into alleged kickbacks at a i Florida utility company. As set out in the initial Agency decision of )
July 1, 1987, the documents in question were withheld under Exemption 7(A) of the F0IA in that the documents reflected informathn l the disclosure of which would interfere with an enforcement proceeding j l by revealing the scope, direction, and focus of the enforcement effort. j We note that in responding to your June 11 F0IA request, DIA searched '
and identified the documents it believed you sought despite your mis-identification of the utility under inquiry.
Exemption 7(A) of the F0IA, 5 U.S.C. 552(b)(7)(D) permits the i withholding from public disclosure of documents investigatory in nature l compiled for a law enforcement purpose. Documents generated in connection with an administrative investigation such as that underlying !
the dc uments at issue here fall within the ambit of that exemption. l See, e. ., H.R. Rep. No. 1497, 89th Cong., 2d Sess. 11(1966); Timken Co- l
- v. U. . ustoms Service, 531 F.Supp. 194 (D.D.C. 1981). Moreover, the l l matter underlying the documents you seek is still under active i evaluation by the agency. Disclosure of the information you seek could l reveal the direction, substance, and timing of this active investigation, thereby interfering or otherwise impeding the orderly and proper completion of the inquiry.
Your appeal letters of July 11, 1987 provide no basis to change the l characterization of the documents identified as responsive to your two '
F0IA requests, and identify no legitimate and overriding public interest warranting the release of the documents otherwise properly withheld from i public disclosure under 5 U.S.C. 552(b)(7)(D) and 10 C.F.R. 9.5(a)(7)(1). Accordingly, your appeals of July 11 are denied.
8708130257 B70811 PDR FOIA BAUMANB7-A-53 PDR l
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.. .- s Ms. Bauman 2 i
l This letter represents the final Agency action on your July 11, 1987 l F0IA appeals. Judicial review of this decision is available in the l
Federal District Court in the District where you reside or have your principal pince of business, or in the District of Columbia.
Si erel ,
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fnul J. Ch k Secretary pf the Connission .
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