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Responds to Appeal of Denial of Documents Re Financial Assurance for General Atomics Facilities.Forwards SRM SECY-96-124
ML20129E629
Person / Time
Issue date: 09/23/1996
From: Hoyle J
NRC OFFICE OF THE SECRETARY (SECY)
To: Curran D
HARMON, CURRAN, SPIELBERG & EISENBERG, LLP.
Shared Package
ML20129E635 List:
References
FOIA-96-286, FOIA-96-A-12, REF-10CFR9.7 SECY-96-124-C, NUDOCS 9610030227
Download: ML20129E629 (1)


Text

i [ QI 4 - o UNITED STATES 8 n NUCLEAR REGULATORY COMMISSION g j WASHINGTON. D.C. 20555-0001

" r j8

%, September 23, 1996

, o****

OFFICE OF THE SECRETARY 4

Ms. Diane Curran  !

Harmon, Curran & Spielberg i 2001 S Street, N.W. i Suite 430 i Washington, D.C. 20009-1125 )

RE: FOIA Appeal 96-A-012 C (FOlA-96-286)  !

I

Dear Ms. Curran:

l This letter responds to your September 6,1996 appeal of the decision to withhold in the i entirety the document identified on Appendix A (document "A-1") of the agency's August 2,' i 1996 response to your Freedom of information Act (FOIA) request 96-286. Although untimely under our regulations, which require appeal within 30 days of the NRC's denial (10 CFR S 9.29(a)), your appeal, received September 9,1996, was considered on the merits.

In response to your appeal, the withheld material again was reviewed. I have carefully i considered the material withheld from this record under policy guidance issued by the President and the Attomey General. On the basis of my examination, I have decided to grant your appeal.

Document A-1 is a one-paragraph memo dated July 8,1996 to James M. Taylor from John C. Hoyle,

Subject:

Staff Requirements - SECY-96-124 - Financial Assurance for General Atomics Facilities. This document consists of a memo advising of the Commission's '

decision related to SECY-96-124. It had been withheld on the basis of the deliberative process privilege, exemption 5 of the FO!A. However, in accordance with the above policy, I have reviewed the denied material to determine whether it should be released and I have determined that the withheld material msy be made publicly available. Therefore, I have decided to grant your appeal and release the document in question. A copy is enclosed.

Sincerely,

'b J n C. H le ecretary of the Commission {4r 1

Enclosure:

Memo fm J. Hoyle to J. Taylor l l i dated July 8,1996 9610030227 960923 ,

PDR FOIA  !

CURRAN 96-A-12 PDR