ML20216J133

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Further Response to Appeal of Dh Grimsley 860611 Denial of FOIA Request for Documents Re Comanche Peak Task Force. Forwards Previously Withheld Document V-93.Info in 90 Documents Continues to Be Withheld (Ref FOIA Exemption 5)
ML20216J133
Person / Time
Site: Comanche Peak  
Issue date: 06/26/1987
From: Stello V
NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To: Garde B
GOVERNMENT ACCOUNTABILITY PROJECT
Shared Package
ML20213F368 List:
References
FOIA-85-59, FOIA-86-A-110 NUDOCS 8707020152
Download: ML20216J133 (1)


Text

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Billie Pirner Garde. Esquire Government Accountability Project Midwest Office IN RESPONSE REFER 104 E. Wisconsin Avenue TO F01A-86-A-110 Appleton, WI 54915-8605 (F01A-85-59)

Dear Ms. Garde:

This is in further response to your letter dated July 9,1986, in which you appealed Mr. Donnie H. Grimsley's letter dated June 11, 1986.

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Mr. Grimsley's letter denied documents in whole or in part that were subject to your Freedom of Information Act (F01A) request for documents related to the NRC Comanche Peak Task Force. My letter to you dated April 10, 1987, addressed the agreement which was the basis for deleting certain information in the requested documents. This letter addresses those entire 25 documents and the portions of 65 documents listed on Appendix V which were initially denied pursuant to an FOIA exemption.

This letter also addresses an additional document, V-1, for which Mr. Grimsley's letter dated June 11, 1986, failed to indicate that portions were withheld from public disclosure pursuant to Exemption (5) of the F0IA.

Acting on your appeal, I have carefully reviewed the record in this case and have determined that document V-93 can now be made publicly available. This document is enclosed.

I have also determined that the previously withheld information in the other 90 documents will continue to be withheld from public disclosure pursuant to Exemption (5) of the F0IA (5 U.S.C. 552(b)(5)) and 10 CFR 9.5(a)(5) of the Commission's regulations.

Your appeal is, therefore, partially granted and partially denied.

As stated in Mr. Grimsley's letter dated June 11, 1986, the withheld information, in whole or in part, relates to the subject of potential violations or are attorney work products. The withheld information was predecisional to the issuing of the enforcement action on Comanche Peak.

Exemption (5) shields from mandatory disclosure legal work products and information generated in the deliberative process that precedes most decisions of government agencies.

This is a final agency action. As set forth in the F0IA (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.

Sincere)y, f

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E ecut ve rector for Operations

Enclosure:

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