ML20206E394

Partially Grants & Partially Denies 880919 Appeal Re Dh Grimsley 880811 Denial of FOIA Request for Listed Documents.Portions of App Documents Remain Withheld (Ref FOIA Exemption 5)

ML20206E394
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	11/03/1988
From:	Stello V NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To:	Belair R KIRKPATRICK & LOCKHART
Shared Package
ML20206E400	List: IA-88-280, Summary of Changes to Evaluation Criteria of NUREG-0654/FEMA-REP-1,Rev 1 ML20206E394 ML20206E430
References
FOIA-88-280, FOIA-88-A-44, RTR-NUREG-0654, RTR-NUREG-654 NUDOCS 8811180068
Download: ML20206E394 (2)

Text

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8 NUCLEAR REGULATORY COMMISSION WASHINGTON, D. C. 20655

\*****/ NOV 3 1988 Robert R. Belair, Esquire Kirkpatrick and Lockhart South Lobby - 9th Floor IN RESPONSE REFER 1800 M Street, NW TO F01A-88-A-44 Washington, DC 20036-5891 (F01A-88-280)

Dear Mr. Belair:

This is in response to your letter dated September 19, 1988, in which you appealed Mr. Donnie H. Grimsley's response dated August 11, 1988.

Mr. Grimsley's response denied four documents subject to your Freedom of Infonnation Act (F0IA) request for documents relating to 1) a FEMA-graded exercise on radiological emergency response for the Shoreham plant and

2) Revision 9 of LILCO's Emergency Plan for the Shoreham plant.

Acting on your appeal, I have carefully reviewed the record in this case and have determined that portions of document two listed on the enclosed appendix are already available in the NRC Public Document Room. For your convenience, copies of these portions are enclosed. The remaining porticrs of this document and documents one, three, and four listed on the enclosed appendix will continue to be withheld from public disclosure pursuant to Exemption (5) of the FOIA (5 U.S.C. 552(b)(5)) and 10 CFR 9.17(a)(5) of the Commission's regulations. Your appeal is, therefore, partially granted and partially denied.

Document one, three, and four contain the advice, opinions, and recommendations of the staff concerning Revision 9 and LILCO's response to the 1986 exercise deficiencies. Exemption (5) shields from mandatory disclosure information generated in the deliberative process that precedes most decisions of government agencies.

The withheld portions of document two are drafts which were prepared prior to and in the course of reaching a final agency decision. Exemption (5)wasintended to permit the agency's withholdir9 of such documents to preserve the free and candid internal dialogue necessa y for the careful formulation of agency decisions.

This is a final agency decision. As set forth in the FOIA (5 U.S.C.

552(a)(4)(B)), judicial review of this decision is available in a district court of the United States in the district in which you reside or have your principal place of business or in the District of Columbia.

! Sincerely, >

0811180060 081103 " ~'

AI A-44 PDR Vic Ste 1 , J r'.

Executive Directb for Operations

Enclosures:

(1) Appendix g2) Portions of Document Two listed on the enclosed appendix i

Re: FOIA-88-A-44 (F01A-88-280)

APPENDIX

1. 2/19/88 Memorandum for I. W. Husar from E. F. Fox, Jr. ,

re: Review /Comrrents Shoreham Offsite Emer (1 page) with attached connents (17 pages)gency Plan, Rev. 9

2. 3/28/88 Draft memorandum for V. Stello, Jr., from T. E. Murley, re:

Applicationof10CFR50.47(c)-TheEmergencyPreparedness "Realism" Rule (1 page) withheld, with attached draft of the staff's understanding of the "realism rule (19 pages) withheld.

Released: 11/9/87 Letter to D. McLoughlin from V. Stello, Jr.

(1 page) (ANO: 8711170134),10/28/87 Letter to V. Stello from D. McLoughlin (2 pages) (ANO: 8711170150), and Sumary of Changes to NUREG-0654, Rev. 1 (1 page) (ANO: 8810030156)

3. 4/11/88 Memorandum for I. W. Husar from E. F. Fox, Jr., re: Coments on the Preliminary Review of Revision 9 of the LILC0 Plan 4r Shoreham (1 page) with attached coments (4 pages)

4. 5/4/88 Memorandum for I. W. Husar from E. F. Fox, Jr., re: Review of LILC0's Response to the 1986 Exercise Deficiencies and Arcas Requiring)

(23pages Corrective Action (1 page) with attached coments i

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