July 15, 1996
Richard W. Murray
President/CEO
IAG Federal Credit Union
One Interstate Terrace
600 Midland Avenue
Rye, New York 10580-3999
Re: FOIA Appeal - Release of Bid
(Your May 22, 1996 Letter)
Dear Mr. Murray:
On March 5, 1996, you wrote to NCUA's Region I Director requesting
a copy of the accepted bid for the purchase of the liquidated
St. Agnes Employees Federal Credit Union. Your request was treated
under the Freedom of Information Act (FOIA). Since the information
requested was submitted by a third party and was arguably confidential
commercial or financial information subject to exemption from
disclosure, NCUA's FOIA Officer sent the required notice to the
submitter of the information. (See Section 792.7 of NCUA's
Rules and Regulations, 12 C.F.R. 792.7.) Based upon the objections
of the submitter and concerns of NCUA's Region I Director, the
record requested was withheld pursuant to exemption 4 of the FOIA.
The FOIA Officer informed you of the denial of your request in
a May 2, 1996 letter. We received your May 22 appeal on May 28.
As noted in our July 3, 1996 notice to you and the submitter
of the bid, we believe that the bid should be released. Since
the submitter objected to its release, according to Section 792.7(f)
of the NCUA Regulations, we gave both you and the submitter a
notice of intent to disclose the record seven business days after
the date of the notice. A copy of the accepted bid is enclosed.
We note that there were some minor modifications made to the
bid as enclosed. The only substantive change was to item 4
of the bid. NCUA, rather than the accepted bidder, is pursuing
potential bond claims.
Sincerely,
Robert M. Fenner
General Counsel
Enclosure
GC/HMU:bhs
96-0539c
SSIC 3212