ML20197E971

Further Response to FOIA Request for Three Categories of Documents Re Backfit Rule Published in 850920 Fr.Apps E & F Documents Available in Pdr.App G Documents Withheld in Entirety (Ref FOIA Exemption 5)

ML20197E971
Person / Time
Site:	Millstone, Haddam Neck, 05000000
Issue date:	04/04/1986
From:	Grimsley D NRC OFFICE OF ADMINISTRATION (ADM)
To:	Curran D HARMON & WEISS
Shared Package
ML20197E978	List: B11423, Comments on Notice of Proposed Rulemaking Re Backfitting Isap Consistent W/Commission Majority View Re Proposed Backfit Rule.Current Plans Re Pilot Program Appropriate IA-85-759, Further Response to FOIA Request for Three Categories of Documents Re Backfit Rule Published in 850920 Fr.Apps E & F Documents Available in Pdr.App G Documents Withheld in Entirety (Ref FOIA Exemption 5) ML20197E971
References
FOIA-85-759, FOIA-86-A-3 NUDOCS 8605150370
Download: ML20197E971 (5)

Text

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APR 4 1986 Diane Curran, Esquire Harmon, Weiss & Jordan 2001 S Street, N.W. IN RESPONSE REFER Suite 430 TO F01A-85-759 Washington, DC 20009 (F01A-86-A-3) a

Dear Ms. Curran:

This is in further response to your letter dated November 15, 1985, in which you requested, pursuant to the Freedom of Information Act (F0IA), three categorias of documents related to the Backfit Rule published in the Federal Register on September 20, 1985.

The documents listed on the enclosed Appendix E are being placed in the NRC Public Document Room (PDR), 1717 H Street, NW, Washington, DC. You may obtain

, access by presenting a copy of this letter to the PDR staff or by requesting 4 PDR folder F0IA-85-759 in your name.

The documents listed on the enclosed Appendix F are already available in the PDR. Also enclosed are two computer printouts entitled " Preliminary Title List Report". The documents listed on these printouts are already available in the PDR.

The documents listed on the enclosed Appendix G are being withheld in their

entirety 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. These documents are drafts containing advice, opinions, and recommendations. Release of this type of information would tend to inhibit the frank and candid exchange of information in future deliberations and thus would not be in the public interest. There are no reasonably segregable factual portions because release of the facts would permit an indirect inquiry into the predecisional process of the agency.

Pursuant to 10 CFR 9.15 of the Commission'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 this denial is Mr. John C. Hoyle, Assistant Secretary of the Commission.

This denial may be appealed to the Secretary of 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 FOIA Decision."

8605150370 860404 PDR FOIA CURRAN 86-A-3 PDR l

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Ms. Curran  !

This completes action on this F0IA request. Also, in light of our responses of February 14 and 18,1986, and this date, no further action will be taken on your letter of November 15, 1986, appealing our lack of response to this F0IA request.

Sincerely, a s+ /AYd Donnie H. GEimsley, Dire tor Division of Rules and Records Office of Administration

Enclosures:

As stated e

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o APPENDIX E .

1. Undated Talking points - meeting AIF and CE0s,12:30 pm, Thursday, January 17, 1985 (1 page)

2. 12/8 Note to NJP regarding meeting with AIF and CEO (1 page)

3. 03/22/83 Letter to Palladino from Charoff enclosing report on reforms recommended by RRTF (25 pages)

4. 01/23/85 Letter to Chilk from Counsil Re: Comments on Notice of Rulemaking Regarding Backfitting (4 pages)

5. 04/09/85 Letter to ACRS from Pollard and Weiss Re: Comments on Proposed "Backfitting" Rule (2 pages)

6. 04/15/85 Letter to Congressman Broyhill from Walske Re: Additional Backfitting Requirements (3 pages)

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APPENDIX F .

1. 01/17/83 Memo to Palladino, et al, from Tourtellotte Re: Backfitting Impact Cost enclosing report on Backfitting and Regualtory Impact Costs (Accession No. 8303240087)

2. 06/14/84 Letter to Congressman Broyhill from Palladino enclosing Reform efforts and Roberts' Statement (Accession No.

8406230428)

3. 06/14/84 Letter to Congressman Moorehead from Palladino enclosing Reform Efforts and Roberts' Statement (Accession No.

8406230444)

4. 06/05/85 Letter to Palladino from Congressman Dreier Re: Regulatory Reform (Accession No. 8508150599)

5. 08/02/85 Letter to Congressman Dreier from Palladino Re: Regulatory Reform (Accession No. 8508150598)

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APPENDIX G

1. Undated Draft Letter to Dexter Peach, GAO, from Dircks Re: Connents on Backfitting Procedures Report

2. 05/10/85 Draft Letter to J. Farley, Alabama Power Co., from Dircks, Re: Revised NRC staff Process for Managing Plant-specific Backfitting C