ML19220A274
| ML19220A274 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 04/05/1979 |
| From: | SHELDON, HARMON & WEISS |
| To: | Ahearne J, Bradford P, Gilinsky V, Hendrie J, Kennedy R NRC COMMISSION (OCM) |
| References | |
| FOIA-79-102 NUDOCS 7904170298 | |
| Download: ML19220A274 (2) | |
Text
9 sse Sunnnox, II AR> ION, Rois>1 Ax & Wriss 1725 I Street, N.W.
Suite 506 N
517.j"[s$"n',' s Washington, D.C.
20006 (2o2 e 9o7o ANTHONY Z A OISM AN ELLYN R. W C'3 5 WILLI A M S. J C D O A N,1!:
AO w tTT E D IN w'O=rsaN o g,y
- April 5, 1979 Joseph Hendrie, Chairman Victor Gilinsky, Commissioner Richard Kennedy, Commissioner Peter Bradford, Commissioner John Ahearne, Commissioner U.S.
Nuclear Regulatory Commission Washington, D.C.
20555 Gentlemen:
A number of Commission meetings, as defined in 10 CFR 9.101, dealing with the situation at the Three Mile Island plant, were closed to the public.
We understand that the Sunshine Act exemption involved was that contained in 10 CFR S9.10 4 (a) (9 ) which states that a meeting can be cloced if opening that meeting would:
(9) disclose information the premature disclosure of which would be likely to signifi-cantly frustrate implementation of a proposed Commission action, except that this subparagraph shall not apply in any instance where the Commission has already disclosed to the public the content or nature of its proposed action, or where the Commission is required to make such disclosure on its own initiative prior to taking final action on such proposal; UCS believes that uhe closing of these meetings pursuant to the above-quoted exemption was questiona!.le at best.
- However, our interest now is to have the tapes or transcripts of those meetings made available for our study as soon as possible.
This should be done under 10 CFR 59.108 (b) which requires th at the Coc=ission "make promptly available" the transcript or tapes with only the exempt portions withheld.
I would also call your attention to 10 CFR 59.108 (d), which provides that if the Commission determines at any time that there is no further justification for withholding material previously
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- gtnox, HAnxos. RotsxAs & Wass Commissioners April 5, 1979 Page 2 withheld, such material should then be made available.
In conversations with th7 General Counsel's office, regard-ing this matter, I have been 11 formed that there is not yet a schedule for the review and release of the records of these proceedings.
UCS believes that their release is a matter of great urgency so that we may study and evaluate the events at Three File Island and attempt to determine with more precision the causes of that accident and ways to prevent its recurrence.
Therefore, UCS request the following:
1.
Immediate release of the transcripts of all closed commission meetings held from March 28, 1979, to the present.
2.
If transcripts are not yet available, immediate access to the tape recordings.
To the extent that any material is withheld, please consider this a Freedom of Information Act request for the record of the entire proceedings.
Due to the urgency of this matter, UCC requests a response within one day.
Ve truly yo s,
O D
Ellyn R. Weiss ERW/dsw cc:
Leonard Bickwit, Esquire General Counsel Mr. Joseoh Felton, Director Division'of Rules & Records
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