ML20205G721

Responds to FOIA Request for Ofc of Investigations Repts 1-85-020 & 1-86-010 Re Facility.Case 1-86-010 Ongoing Inquiry & No Rept Written.Rept 1-85-020 Withheld in Entirety (Ref FOIA Exemptions 5 & 7)

ML20205G721
Person / Time
Site:	Nine Mile Point
Issue date:	08/12/1986
From:	Grimsley D NRC OFFICE OF ADMINISTRATION (ADM)
To:	Eddy P NEW YORK, STATE OF
References
FOIA-86-438 NUDOCS 8608190603
Download: ML20205G721 (2)

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%...../ AUG 121986 Mr. Paul D. Eddy State of New York Department of Public Service Three Empire State Plaza IN RESPONSE REFER Albany, NY 12223 TO F01A-86-438

Dear Mr. Eddy:

This is in response to your letter dated June 10, 1986, in which you requested, pursuant to the Freedom of Information Act (F0IA), copies of the Office of Investigations' (01) Reports 1-85-020 and 1-86-010 regarding the Nine Mile Point Unit 2 nuclear power plant.

I have been informed by the staff that Case 1-86-010 is an ongoing inquiry and, at this time, no report has been written. A request made pursuant to the F0IA applies cnly to records in the possession of the agency on the date the request was received. Since your request pertains to a record which may be created at some future date, the F0IA is not applicable.

The draft report for Investigative Case 1-86-020 is currently undergoing 01 Region I review and is subject to revision. The 01 staff was unable to provide this office with a time estimate regarding the completion. The draft report contains advice, opinions, and recommendations of the staff and is being withheld from public disclosure pursuant to Exemptions (5) and (7)(A) of the F0IA (5 U.S.C. 552(b)(5) and (7)(A)) and 10 CFR 9.5(a)(5) and (7)(i) of the Commission's regulations. Release of this document would inhibit the frank and candid exchange of opinions during the deliberative process and interfere with an ongoing enforcement proceeding.

Pursuant to 10 CFR 9.15 of the Commission's regulations, it has been determined that the information withheld is exempt from producticn or disclosure and that its production or disclosure is contrary to the public interest. The person responsible for this denial is Mr. Ben B. Hayes, Director, Office of Investigations.

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EDDY 86-438 3 860812 PDR

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Mr. Eddy This denial may be appealed to the Secretary of the Ccmmission within 30 days from the receipt of this letter. Any such appeal must be in writing, addressed to the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555, and should clearly state on the envelope and in the letter that it is an " Appeal from an Initial F0IA Decision."

Sincerely,

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DonnieH.Grimsley,Di> rector Division of Rules and Records Office of Administration m

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