ML20134L820

Further Response to FOIA Request for Documents Re BNL Rept on Need for Nuclear Safety Board.Forwards Document Listed on App D.Apps D & E Documents Also Available in Pdr.Documents Listed in App F Withheld (Ref FOIA Exemption 5)

ML20134L820
Person / Time
Issue date:	08/29/1985
From:	Felton J NRC OFFICE OF ADMINISTRATION (ADM)
To:	Adato M UNION OF CONCERNED SCIENTISTS
Shared Package
ML20134L824	List: ML20134L820 ML20134L826
References
FOIA-85-427 NUDOCS 8509030430
Download: ML20134L820 (5)

Text

e my'o UNITED STATES o

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E WASHINGTON, D. C. 20555 k...* /

M 2 9 SE

,T Ms. Michelle Adato, Research Associate Union of Concerned Scientists 1346 Connecticut Avenue, NW, Suite 1101 IN RESPONSE REFER Washington, DC 20036 TO F01A-85-427

Dear Ms. Adato:

This is in further response to your letter dated June 11, 1985, in which you requested, pursuant to the Freedon of Information Act (F0IA), copies of documents related to the Brookhaven National Laboratory (BNL) report on the need for a nuclear safety board.

The documents identified on enclosed Appendix D are being placed in the NRC Public Document Room (PDR) located at 1717 H Street, NW, Washington, DC 20555, in file folder F01A-85-427 in your name. The documents identified on enclosed Appendix E are already in the PDR.

I have indicated the file location beside each document description, i

SECY-85-208, entitled " Incident Investigation Program," dated July 10, 1985, is subject to your request and was addressed in our response to a previous F0IA request, F01A-85-493, which is filed in the PDR under the name Silberg.

The documents identified on enclosed Appendix F contain the predecisional analyses, opinions, and recommendations between the Commissioners and their staffs on the BNL report. Because the documents reflect the predecisional process between the Commissioners and their staffs, the documents are exempt from mandatory disclosure pursuant to Exemption 5 of the F0IA (5 U.S.C.

5552(b)(5)) and the Comission's regulations at 10 CFR 9.5(a)(5). Release of the documents would tend to inhibit the open and frank exchange of ideas essential to the deliberative process. The documents do not contain any reasonably segregable factual portions and are being withheld in their entirety.

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 Comission.

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 Comission, U.S. Nuclear Regulatory Comission, i'

Washington, DC 20555, and should clearly state on the envelope and in the letter that it is an " Appeal from an Initial F0IA Decision."

8509030430 850829

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PDR FOIA ADATD85-427 PDR I

o The search for and review of documents that are subject to your request are continuing. We will notify you upon completion of the search and review.

Sinc ely, j/b7>

J

. telton, Director Division of Rules and Records Office of Administration

Enclosures:

As stated i

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FOIA-85-427 l

APPENDIX D i

Documents Being Placed in the PDR 1.

05/06/85 Handwritten notes of J. Austin on slides for May 9,1985, Connission Briefing.

(2 pages) 2.'

Undated n r ten notes of J. Austin relating to BNL Report.

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F01A-85-427 i

t APPENDIX E Documents Already in the PDR 1.

04/22/85 Memo from J. C. Hoyle to R. Fraley and J. Zerbe re: Staff Requirements -- Periodic Meeting with Advisory Comittee on Reactor Safeguards, 4/11/85.

(1 page) - Accession No.

8504290050 2.

04/11/85 Transcript of Comission Periodic Meeting with the ACRS.

(86pages)-AccessionNo. 8504250337 i

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F01A-85-427 APPENDIX F Documents Being Withheld 1.

05/08/85 Note from J. Meyer to F. Bernthal,

Subject:

BNL Report on Independent Safety Organization.

(2 pages) 2.

05/02/85 Sumary of BNL Report, "An Independent Safety Organization,"

prepared by D. Humenansky for L. Zech.

(3 pages) 3.

Undated Briefing sheet prepared by D. Humenansky for Comm. Zech for the 05/09/85 Com. Meeting.

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