ML19241B621
| ML19241B621 | |
| Person / Time | |
|---|---|
| Issue date: | 06/29/1979 |
| From: | Felton J NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Weiss E SHELDON, HARMON & WEISS |
| References | |
| FOIA-79-A-9 NUDOCS 7907190629 | |
| Download: ML19241B621 (1) | |
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- June 29,1979 Ellyn R. Weiss, Esquire Sheldon, Harrion, Roisman & Weiss 1725 I Street, N.W.
Suite 506 IN RESPONSE REFFR
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?0006 TC F0IA-79-A-9
Dear Ms. Ueiss:
Reference is made to that part of your letter dated April 26, 1979 regardir.g your Freedom of Information Act request 79-76.
By letter dated April 3,1979, I advised you that NPC had not completed its review of all documents subject to your request and that you would be riotified when that review was completed.
By letter dated April 26, 1979, you appealed NRC's failure to provide the further response.
By letter dated May 22, 1979, I informed you that an additional 21 documents had been placed in the NRC Public Document Room and that I'r.
Samuel J. Chilk was the denying official for two other documents.
This response completed NRC's action on your original request.
Since NRC has completed its response to your original request, no further action will be taken on your appeal of NRC's failure to provide a response to your request of March 19, 1979.
Sin
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f6 J. M. Felton, Director Division of Rules & Records Office of Administration 457 248
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April 26, 1979 APPEAL QE INLTIAL FO!A DECIS104 Mr. Lee Gossick
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Executive Director for Operations
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Nuclear Regulatory Commission 1
d lO h [ l h ~N,'
T-Wuhington, D.C.
20955 Re:
Appeal from Initial FOIA Decisions b
~ 7 <j NRC References 79-76 and 79-86
Dear Mr. Gossick:
On '4a rch 19, 1979, the referenced Freedom of Information Act Requests were hand-delivered to the office of Mr. Joseph Felton, Director, Division of Rules and Records, Nuclear Regulatory Commission.
A copy of each is attached.
Under 10 CPR S9.9 the deadline for an initial determination granting or denying the requests was April 2, 1979.
We now appeal the partial denial of Request No. 79-75 and the complete denial of Request No. 79-86.
Mr. Felton provided a partial response to Response No.
79-76 in a lett er of April 3, 1979, in which he stated, The NRC has not yet completed its review of the remaining documents subject to your request.
We will respond as soon as the review is completed.
We have received no further response.
Even assuming that this ietter constituted a notification of extension of time for re-sponse under 10 rFR 59.13, the extension would have expired on April 16.
We have received ne written response of any Pind to Pequest No. 79-86.
As provided by S9.9 (c), we conside) the failure to respond to constitute denial of the requests.
We appeal to your office to order the irranediate release of these documents, vihile the recent events at Three Mile Island may have placed an additional burden on the NRC staff, this cannot excuse the Commission from complying with the re-quirements of the Freedom of Info mation Act i tfj'l (h1 re-e 7 W 70 j70 f/g
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- ir. Lee Gossick April 26, 1979 Page 2 gulations.
The material that the Union Concerned Scientist seeks through these requests relates to the fundamental question of reactor sarety in the event of a seismic disturbance.
UCS nust have this material as soon as posEl-le in order to be able to evaluate the potential danger to people working and living in the vicinity of affectou nuclear reactors and to participate in the Contaission's consideration of the actions that nust be taken to assure the health and safety of the public.
I reiterate my request to Iir. Felton that you notify me as soon as a f air portion of the material becomes avail-able, so that I can arrange for a courier to pick it up.
I await your response.
Thank you very much.
Sincerely, l{
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3 Ellyn R.
Neiss ERW/gc 45/
250