ML19260D748

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Responds to FOIA Request for Info Re Commission Finding Discussed in 791126 Notice of Opportunity for Hearing on CP Extension.Documents of App a in Pdr.Draft Notice Subj to Request.Document Withheld (Ref 10CFR2.790)
ML19260D748
Person / Time
Site: Bailly
Issue date: 02/05/1980
From: Felton J
NRC OFFICE OF ADMINISTRATION (ADM)
To: Osann E
OSANN, E. W.
References
FOIA-79-527 NUDOCS 8002120249
Download: ML19260D748 (3)


Text

PD2-0 tL, ff I%

UNITED STATES Docket Mos. 50-367 gj

i NUCLEAR REGULATORY COMMISSION y"

WA ilNG TON, D. C. 20555

-l February 5, 1980 Edward W. Osann, Jr., Esquire One IBM Plaza Suite 4600 IN RESPONSE REFER Chicago, IL 60611 TO F01A-79-527

Dear Mr. Osann:

This is in reply to your letter dated December 4,1979, in which you requested, pursuant to the Freedom of Information Act, copies of records which support, refer or relate to the Commission's purported finding which is characterized in the Notice of Opportunity for Hearing on Construction Permit Extension, dated November 26, 1979, in Docket No.

50-367 (Bailly Generating Station, Nuclear 1) as follows:

Pursuant to 10 CFR s50.91 of the Commission's regulations, the Commission has found that the amendment does not involve a significant hazards consideration.

In response to your request, we wish to inform you that the documents listed in Appendix A are on file for inspection and copying in the NRC Public Document Room (PDR),1717 H Street, N.W., Washington, DC 20555.

The charge for reproducing records located in the PDR is eight cents

($0.08) per page, as specified in 10 CFR 9.14(a) of the Commission's regulations (copy enclosed).

Upon your direct request to the PDR and your agreement to pay the reproduction charges, the PDR will arrange for the record to be reproduced by Potomac Research, Inc., a private reproduction contractor servicing the PDR.

You will be billed directly by Potomac Research, Inc. for the reproduction charges plus tax and postage.

Also subject to your request, we have identified only one other document which is identified as a draft Notice of Opportunity for Hearing On Construction Permit Extension dated October 18, 1979.

The document contains draft language embodying preliminary advice, opinions and recommendations which was subsequently eliminated and changed at the appropriate managerial levels in the process of preparing the notice for publication in the FEDERAL REGISTER. This document is being withheld from public disclosure pursuant to Exemption (5) of the Freedom of Information Act (5 U.S.C. 552(b)(5)) and 10 CFR 9.5(a)(5) of the Commission's regulations.

1949 028 goosiso 2 d Pursuant to 10 CFR 9.9 of the Commission's regulations, it has been determined that the information withheld is exempt from production or disclosure, and that its production or disclosure is contrary to the public interest. The persons responsible for this denial are the undersigned and Mr. Harold R. Denton, Director, Office of Nuclear Reactor Regulation.

This denial may be appealed to the Commission's Executive Director for Operations within 30 days from the receipt of this letter.

As provided in 10 CFR 9.11, any such appeal must be in writing, addressed to the Executive Director for Operations, U.S. Nuclear Regulatory Cammission, Washington, DC 20555, and should clearly state on the envelope and in the letter that it is an " Appeal from an Initial F0IA Decision."

This completes action on your request.

Sincerely.

W X,

Jo ph M. Felton, Director vision of Rules and Records Office of Administration

Enclosures:

As stated 1949 029

Re:

F01A-79-527 APPENDIX A 1.

Juy 9,1979, A',RS Subcommittee Meeting on Bailly (ACRS-1655).

2.

July 9,1979, Transcript of ACRS Meeting on Bailly ( ACRST-0680).

3.

July 12-14,1979, 2315t ACRS Meeting (ACRS-1662).

4.

July 16,1979, Report: Carbor, ACRS to Hendrie, concerning the Bailly generating station ( ACRS-836).

5.

July 19,1979, Letter from F. Richart, Jr., and R. F. Scott to Fraley concerning the 231St ACRS Meeting discussion of the Bailly Piles held July 12,1979 (CT-1154).

1949 030