ML20133K206
| ML20133K206 | |
| Person / Time | |
|---|---|
| Site: | Waterford, 05000000, Crane |
| Issue date: | 07/01/1985 |
| From: | Felton J NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Liza Cunningham TIMES-PICAYUNE, LA PLACE, LA |
| Shared Package | |
| ML20132C730 | List: |
| References | |
| FOIA-85-191 NUDOCS 8508120157 | |
| Download: ML20133K206 (5) | |
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~A UNITED STATES
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't NUCLEAR REGULATORY COMMISSION
((h WASHINGTON, D. C. 20555 e
Ms. Lynn Cunningham The Times-Picayune Publishing Corporation JUL 01 W5 3800 Howard Avenue IN RESPONSE REFER New Orleans, LA 70140-1097 TO F01A-85-191
Dear Ms. Cunningham:
This is in response to your letter dated March 18, 1985, in which you requested, pursuant to the Freedom of Information Act (F0IA), copies of documents regarding the March 15, 1985, closed Comission meeting on the Waterford 3 nuclear power plant.
The search has been completed by the NRC staff, and seven documents have been identified as being subject to your request. The three documents identified on enclosed Appendix A are being placed in the NRC Public Document Room (PDR) located at 1717 H Street, NW, Washington, DC 20555, in file folder F01A-85-191 in your name. The two documents identified on enclosed Appendix B are already i
in the PDR.
I have indicated the file location beside each document description.
The two documents identified on enclosed Appendix C are being withheld.
Document 1, the Comission meeting transcript, pertains to a briefing on the investigation of the allegations and possible enforcement actions regarding I
the Waterford facility. The transcript is being withheld in its entirety pursuant to Exemptions (5) and (7) of the Government in the Sunshine Act (5 U.S.C. 552b(c)(5) and (7). Document 2 identified on Appendix C consists of the handwritten notes of an Office of the General Counsel (0GC) attorney attending the March 15, 1985, closed Commission meeting. The notes were prepared ir, anticipation of litigation. This document contains the predecisional legal analyses, opinions and recomendations between the attorneys in 0GC. The notes are protected by the attorney work-product privilege. Additionally, this document reflects the predecisional process between OGC attorneys. The document is exempt from mandatory disclosure pursuant to Exemption 5 of the F0IA, 5 U.S.C. 552(b)(5), and the Comission's regulations,10 CFR 9.5(a)(5).
Release of the document would tend to inhibit the open and frank exchange of ideas essential to the deliberative process. The document does not contain any reasonably segregable factual portions and is being withheld in its entirety.
Pursuant to 10 CFR 9.15 of the Comission's regulations, it has been determined that the information withheld is exempt from production or disclosure and that its production or disclosure is contrary to the public interest. The person responsible for the denial of Document 1 on Appendix C is John C. Hoyle, Assistant Secretary of the Comission. The person responsible for the denial of Document 2 on Appendix C is James A. Fitzgerald, Assistant General Counsel.
8508120157 850701 PDR FOIA CUNNING 85-191 PDR
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2 These denials may be appealed to the Commission 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."
Si
- rely, A(
.M.
elton, Director Division of Rules and Records Office of Administration
Enclosures:
As stated
t o
Re: F01A-85-191 APPENDIX A Documents Being Placed in the PDR 1.
02/21/85 Memo from Dircks to the Commission, subject: Consideration of Full Power Licensing of Waterford 3 (2 pages) 2.
03/14/85 Memo from Dircks to the Commission, subject: Waterford Emergency Medical Services (2 pages) 3.
04/01/85 Memo from Hoyle to Palladino and Asselstine, subject: TMI-2 Operators at Waterford, attaching 4/1/85 memo from Hoyle to Dircks, Hayes and Plaine, subject: Staff Requirements -
Discussion of Pending Investigation, 9:00 a.m., Continued at 1:30 p.m., Friday, March 15, 1985, Commissioner's Conference Room (closed--EX. 5 and 7) i f
i
Re: F01A-85-191-APPENDIX B Documents Already in the PDR 1.
03/08/85 Letter from Lynne Bernabei, GAP, to the Comission Re:
Upcoming Commission meeting on Waterford 3 (2 pages)
Accession No. 8503130002 2.
03/11/85 Letter from Lynne Bernabei to the Commission Re:
Addendum to 3/8/85 letter (1 page) Accession No. 8503150407 L
1 Re: F01A-85-191 APPENDIX C Documents Being Withheld 1.
03/15/85 Transcript of closed Commission meeting entitled: " Discussion of Pending Investigations" (180 pages) 2.
Undated Handwritten Notes by an 0GC Attorney Re: Waterford (4 pages) l i
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