ML19248C766

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Responds to FOIA Request for Disclosure of Reed Rept. Forwards Documents Supporting Decision to Withhold Rept.Rept Withheld (Ref FOIA Exemption 4)
ML19248C766
Person / Time
Site: Black Fox
Issue date: 06/18/1979
From: Wolfe S
Atomic Safety and Licensing Board Panel
To: Cline K
AFFILIATION NOT ASSIGNED
Shared Package
ML19248C767 List:
References
FOIA-79-211 NUDOCS 7907050053
Download: ML19248C766 (2)


Text

(b U '. I T ED STAIES NUCLEAR REGULATORY COT.J.11sslON W ASHIN G TON, D.

C.

20555 June 18,1979 The Sunbelt Educational IN RESPONSE REFER Foundation TO FOIA-79-211 Attn:

Kyle Cline 1534 East 3 Street Tulsa, Oklahoma 74120

Dear Mr. Cline:

This is in respo:.se to your letter of June 5,1979, in which you requested, pursuant to the Freedom of Information Act, " copies of the Reed Report which is in the possession of the NRC."

Your letter was received on June ll,1979.

For your information, the NRC is in possession of a General Electric (GE) Nuclear Reactor Study on the subject of GE's Boiling Water Nuclear Steam Supply System tihich 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.

These documents came into the possession of the NRC under a irotec-tive Order issued on January 5,1979, by the Atomic Safety and Licensing Board in the _Bl_ac_k_ Fox proceedings (Docket Nos. STN 50-556, STN 50-557).

Specificelly, this Protective Order (copy attached) provides that "GE

~

will make the Reed Report and the related Sub-Task Force Reports avail-able to the Board in confidence."

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.

Two previous requests under the Freedom of Information Act for the Reed Report have been denied by the Licensing Board.

These denials were not appealed.

The Liccnsing Board has certified to the Commission the question of whether the Reed Report should now De returned to GE (copy attached).

Because the Reed Report hat, been made availcble to the Licensing Board in confidence and is subject to a protective order, the requested documents are being withheld from public disclosure pursuant to exemp-tion (4) of the Freedom of Information Act (5 U.S.C. 552(b)(4) and 17 C.F.R. 9.5(a)(4)) of the Commission's regulations.

The person respon-sible for this denial is the undersigned.

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The Sunbelt Educational June 18, 1979 Foundaticn This denial may be appealed to the Comnission within 30 days from the receipt of this letter. As provided in 10 C.F.R. 9.15, any such appeal must be in writing, addressed to the Secretary of the Commission, Washington, D.C. 20555, and should clearly state on the envelope and in the letter that it is an " Appeal from an Initial FOIA Decision."

Sincerely,

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Sheldon J. ',61fe, Esquire Chairman, Atomic Safety and Licensing Board Attachments:

As Stated 285 2 %