ML19224C299

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Responds to 790402 Request for Documents Re Nuclear Reactors at Univ of Ut.As Result of TMI Accident & Public Interest in Investigation,Will Be Unable to Complete Response to Request within Statutory Time Limits
ML19224C299
Person / Time
Issue date: 06/11/1979
From: Felton J
NRC OFFICE OF ADMINISTRATION (ADM)
To: Robinson N
DESERET NEWS SALT LAKE CITY, UT
References
FOIA-79-114 NUDOCS 7907020100
Download: ML19224C299 (2)


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June ll, 1979 Mr. tieil Robinson Deseret flews P.O. Box 1257 IN RESPONSE REFER Salt Lake City, UT 84110 TO F01A-79-114

Dear Mr. Robinson:

This is in regard to your recent letter in which you requested, pursuant to the Freedom of Information Act (F0IA), records regarding nuclear reactors at the University of Utah.

For reference, your request has been assigned the FOIA number shown above.

As a result of the recent accident at Three Mile Island, a significant number of the agency's staff are involved in activities concerning the possible effects of the accident on public health and safety, investigation and analysis of its causes, and implications for other nuclear facilities.

These efforts, which are now receiving the primary attention of the NRC, particularly involve staff in the Offices of Nuclear Reactor Regulation and Inspection and Enforcement.

The employees who would have to collect the records subject to your request and review them for releasability uader the F0IA ar e among the staff engaged in these activities.

Because of the overrir.ing public interest in the investigation and analysis of the accidcnt at the Three Mile Island facility and in assuring the public's heal th and safety, the NRC will, therefore, be unable to complete its response to your request within the statutory time limits.

We will continua to make every effort to expedite the processing of your request, and will provide partial responses to the extent we are able to do so. However, since NRC has not been able to respond within the statutory response time, you may legally consider this a denial of your request.

If you consider this a denial of your request, you may, as provided in 10 CFR 9.11, file a written appeal to the Executive Director for Operations, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555.

Your appeal should clearly state on the envelope and in the letter that it is an

" Appeal from an Initial F0I A Decision." Alternatively, pursuant to 5 U.S.C. 552(a)(6)(C), you could deem the agency's failure to comply as constituting an exhaustion of your administrative remedies, and you may seek judicial review in a district court of the United States in either the district in which you reside or have your principal place of business, or in the District of Columbia.

267 079 9070gg /Og

a Please be aware that you may exercise your riots to appeal or seek judicial review at any time prior to your receipt of flRC's response to your request. When f;RC does respond to the request, you will then have the right, pursuant to the Freedom of Information Act, to appeal the denial of any documents that are actually withheld from disclosure.

Ms. Betty Wagman in the Freedom of Information and Privacy Branch has been assigned responsibility for your request.

If you have any questinns regarding the status of the processing of your request, you may call (301) 492-8133.

We regret any inconvenience this delay may cause you.

Sincerely,

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J. M. Felton, Director

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Division of Rules and Records Office of Administration ii 267 030