ML19209C664
| ML19209C664 | |
| Person / Time | |
|---|---|
| Issue date: | 10/15/1979 |
| From: | Wolfe S NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Penner P PRAIRIE ALLIANCE |
| References | |
| FOIA-79-414 NUDOCS 7910170193 | |
| Download: ML19209C664 (2) | |
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W ASHIN GT ON, D.C. 20555 October 15, 1979 Mr. Peter Penner Prairie Alliance, Law Division P.O. Box 2424 Station A IN RESPONCE REFER Champaign, Il 61820 TO F0iA-79-414
Dear Mr. Penner:
This is in partial response to your letter of SeptFber 26, 1979.
Your letter was received on October 2, 1979.
In your letter, you requested in paragraph (2)(b), pursuant to the Freedom of Infomation Act, "a copy of the Reed Report itself".
For your infomation, the NRC is in possession of a General diectric (GE) Nuclear Reactor Study on the subject of GE's Boiling Water Nuclear Steam Supply System which was prepared under the direction and supervision of Dr. Charles Reed in 1975 (the Reed Report) and the related Sub-Task Force Reports which serve as appendices to the Reed Report.
The NRC is also in possession of abstracts taken from that report and entered into the record of the Black Fox Proceeding (Docket Nos. STN 50-556, STN 50-557) which was conducted in Tulsa, Oklahoma during February 1979.
These documents came into the possession of the NRC under a Protective Order issued on January 5,1979, by the Atomic Safety and Licensing Board in the Black Fox proceedings. Specifically, this Protective Order (copy attached) provides that "GE will make the Reed Report and the related Sub-Task Force Reports available to the Board in confidence."
GE claims that the entire report is proprietary.
In maintaining this confidence, only the members of this Licensing Board have access to this copy of the Reed Report and the related Sub-Task Force Reports.
Under the terms of the Protective Order, the abstracts, while made available to the representatives of the parties in the Black Fox Proceedings, are also accorded confidential treatment.
Four previous requests under the Freedom of Information Act for the Reed Report have been denied by the Licensing Board.
One of these was appealed.
The Licensing Board has certified to the Commission the question of whether the Reed Report should now be returned to GE (copy of the certification attached). The matter is presently under study in the Office of the General Counsel.
1148 273 7910170 l
s.
Because the Reed Report has been made available to the Licensing Board in confidence and is subject to a Protective Order, and because the abstracts taken from the Reed Report are accorded confidential treatment under the terms of the same Protective Order, the requested documents are being withheld from public disclosure pursuant to exemption (4) of the Freedom of Information Act (5 U.S.C. 552(b)(4)) and 10 CFR 9.5(a)(4) of the Commission's regulations. The person responsible for this denial is the undersigned.
This denial may be appealed to the Commission within 30 days from the receipt of this letter. As provided in 10 CFR 9.15, any such appeal must be in writing, addressed to the Secretary of the 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".
Sincerely, kY Y Sheldon J. E fe, Esquire Chairman, Atomic Safety and Licensing Board Attachments: As stated 1148 274