ML20134P647

Responds to FOIA Request for SECY-85-103.App Document 2 Encl.Document Also Available in Pdr.Remaining App Documents Withheld (Ref FOIA Exemption 5)

ML20134P647
Person / Time
Site:	Seabrook, 05000000, Shoreham
Issue date:	09/04/1985
From:	Felton J NRC OFFICE OF ADMINISTRATION (ADM)
To:	Graber L NUS CORP.
Shared Package
ML20134P651	List: IA-85-562, Responds to 850129 Request to Review Pending OL Cases to Determine Impact by Impending Mandate in Ucs Vs NRC Re Exclusion of Results of Emergency Preparedness Exercises from Hearings.Seabrook & Shoreham Will Be Impacted ML20134P647 ML20134P653
References
FOIA-85-562 NUDOCS 8509090002
Download: ML20134P647 (2)

Text

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$ g UNITED STATES 8[

i o NUCLEAR REGULATORY COMMISSION W ASHINCTON, D. C. 20555

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Mr. Lyle Graber, Licensing Engineer Licensing Information Service NUS Corporation 2536 Countryside Boulevard IN RESPONSE REFER l

Clearwater, FL 33575-2094 TO F0!A-85-562

Dear Mr. Graber:

This is in response to your letter dated August 5,1985, in which you e ursuant to the Freedom of Information Act (FOIA), a copy of SECY-85-103, identified by portions as separate documents on the enclosed appendix, is being released in part. Document 2 identified on the appendix is being placed in the NRC Public Document Room (PDR) in file folder F01A-85-562 I in your name.

Documents 1 and 3 through 5 contain the predecisional legal analyses, opinions and recomendations between the Office of the General Counsel (OGC) and the Coccissioners. The documents pertair. to a draft rule regarding emergency j preparedness exercise requirements for an initial licensing decision. The documents are exempt from mandatory disclosure pursuant to Exemption 5 of the

! F0IA (5 U.S.C. 552(b)(5)) and the Comission's regulations at 10 CFR 9.5(a)(5).

i Release of the documents would tend to inhibit the open and frank exchange of i ideas essential to the deliberative process. The documents do not contain any l reasonably segregable factual portions. The documents are being withheld in their entirety.

i Pursuant to 10 CFR 9.15 of the Commission's regulations, it has been i determined that the information withheld is exempt from production or disclosure and that its production er disclosure is contrary to the public interest. The person responsible for this denial is Mr. James A. Fitzgerald, Assistant General Counsel.

t This denial may be appealed to the Secretary of the Comission within 30 day.-

from the receipt of this letter. Any such appeal must be in writing,

, addressed to the Secretary of the Comission, U.S. Nuclear Regulatory Comission, Washington, DC 20555, and should clearly state on the envelope and i in the letter that it is an " Appeal of an Initial F0IA Decision."

Sincerely, Q e- U J. . Felton, Director Division of Rules and Records Office of Administration

Enclosure:

As stated i

8509090002 850904

! PDR FOIA GRABER85-562 PDR

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Re: F0!A-85-562 APPENDIX DATE DESCRIPTION r

l 1. 03/21/85 SECY-85-103, Memo from M. Malsch, Deputy General

! Counsel, to the Commissioners, subject: UCS v. NRC, i 735 F. 2d 1437 (D.C. Cir. 1984) (Emergency l Preparedness Excercises May Not Be Excluded By 1 Rule From OL Hearings) (7 pages)

2. Attachment 1 February 20, 1985 Memorandum from G. Cunningham to SECY-85-103 ELD, to W. Briggs, OGC,

Subject:

UCS v. NRC, 735 F. 2d 1437 (D.C. Cir. 1984) (3 pages) i 3. Attachment 2 Draft Federal Register Notice, re: emergency .

to SECY-85-103 preparedness excercises for an initial licensing decision (5 pages) l

! 4. Attachment 3 Comparative Text, re: draft rule, (1 page) j to SECY-85-103 i

5. Attachment 4 Draft memorandum from S. Chilk, Secretary, to i

to SECY-85-103 W. Dircks, EDO, re: UCS v.NRC, 735 F. 2d 1437 j (D.C. Cir. 1984) (1 page)

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