Kroger Company

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IN THE MATTER OF THE KROGER COMPANY Docket 9102. Interlocutory Order, Nov. , 1985. ORDER REVOKING IN CAMERA TREATMENT AND PLACING DOCUMENTS ON THE PUBLIC RECORD During the administrative hearing in this matter, certain documents and testimony received in camera treatment. On July 10, 1979 the Kroger Company fied a motion to revoke the in camera designation and to place on the public record the entire Initial Decision issued by the Administrative Law Judge and all the evidence and argument it offered during the proceeding. The Commission, in entering its final C. 639 (1981), modified 100 F. C. 573decision and order, 98 F. (1982), did not address respondent's pending motion that the in camera status of these materials be revoked. Respondent now asks the Commission to withdraw from in camera status and place on the public record certain internal documents admitted into evidence in the proceeding.

The exhibits accorded in camera treatment consist of documents provided by respondent and internal agency materials. Kroger consents to the public disclosure of its own materials.! The agency records were compiled in investigations that closed more than three years ago. We have determined that most of the agency materials made part of the in camera record no longer warrant confidential treatment and should be made part of the public record. Several exhibits, however reflect the predecisional views of individual Commissioners and advice from the General Counsel. These sensitive deliberative materials are protected from public disclosure see NLRB v. Sears, Roebuck & Co. 421 U.S. 132 (1972), and the Commission believes there is good cause to preserve their in camera status. Accordingly, the Commission declines to revoke the in camera status of these documents. It is ordered That the in camera treatment of exhibits received in evidence and of other documents in the record relating to those exhibits be eliminated in accordance with this order. I Letter from N. Diamond, counsel for Kroger, dated May 14, 1985 2 In its letter dated May 14, 1985, Kroger 3 cou!1ool advised that respondent was specifically interested in five exhibits, RX221, RX222, RX240, RX241 and RXlOO3. Portions of RX222 and RXlOO3 Bet forth the predecisiona! views of individual Commi.ssioners and wil remain nonpublic. The remaining portions of these exhibits as well lis RX221 , RX240 and RX241 wil be publicly disclosed. DETROIT AUTO DEALERS ASSOC., INC., ET AL. 575 575 Interlocutory Order