ML19274F274
| ML19274F274 | |
| Person / Time | |
|---|---|
| Site: | Beaver Valley |
| Issue date: | 04/26/1979 |
| From: | Weiss E SHELDON, HARMON & WEISS |
| To: | Gossick L NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| References | |
| FOIA-79-76, FOIA-79-86, FOIA-79-A-10, FOIA-79-A-9 NUDOCS 7907090410 | |
| Download: ML19274F274 (2) | |
Text
t Sil E LDON, H AIOf 0N. ROIS MAN & WIM SS 4 7 2 5 i S T Ft E E T, N. W.
SUITE 506 M ARIN P SHELDON WA *sII I NoTON, D. C. 2000 6 TELEPHONE G All M. HARMON
?O2) 833-9070 ANTHONv Z. AOI S M AN ELLYN R. WCISS WIL LI AM S. JO R D AN, Ill
- ACM TT E D IN MiCHIG A N C N LY +
t April 26, 1979 APfEAL.0E INL[lAL E0.lA DECIS10S Mr. Lee Gossick
--~~ ~
Executive Director for Operations
'N _/)(f r[- (
-3 U.S.
Nuclear Regulatory Commission Washington, D.C.
20555 l #/ -MO E.
M'
'[/
' k'7</
Re:
Appeal from Initial E7IA Decisions NRC References 79-76 and 79-86
Dear Mr. Gossick:
On March 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 CFR 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. 79-76 and the complete denial of Request No. 79-86.
Mr. Felton provided a partial response to Response No.
79-76 in a letter of April 3, 1979, in which he stated, The NHC 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 letter constituted a notification of extension of time for re--
sponse under 10 CFR S9.13, the extension would have expired oh April 16.
We have received no written response of any kind to Request No. 79-86.
As provided by S9.9 (c), we consider the failure to respond to constitute denial of the requests.
We appeal to your office to order the immediate release of these documents.
While 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 Informa cion Act and its own re-QsV o#
, b.'..
7907ooo mo
S111;I.1)ox, ll AlotoN, ROISSI AN & Wi-:ISS Mr. 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 safety in the event of a seismic disturbance.
UCS must have this material as soon as possible in order to be able to evaluate the potential danger to people working and living in the vicinity of affected nuclear reactors and to participate in the Commission's consideration of the actions that must be taken to assure the health and safety of the public.
I reiterate my request to Mr. Felton that you notify me as soon as a fair 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, lWe Ellyn R.
Uciss ERW/gc
(
(
/- '
1 IM. DON, H ATDioN, Rot SM AN & WEISS 4 0 2 *> t b S T R E E r, f 4.w.
SulTE eOO WASHINGTON,D.C.20o05 TrLEPH NE V ARIN P. SH E LDO N G All P4. ti AR PA ON (2O2) 033-9070 AtJTH ON Y 2. DOIS*4 AN E L LY rJ H. WEIGS WILLI A M S. JORD AN, Ill
March 19, 1979 Mr. Joseph Felton, Director Division of Rules and Records Office of Administration United States Nuclear Regulatory Commission Washington, D.C.
20555
~
RE:
Frc'edom of Information' Act' Request
- NRC Ref. 79-86
Dear Mr. Felton':
This request pursuant to the Freedom of Information Act, 5 USC S552, is made on behalf of the Union of Concerned Scientists ("UCS").
For the purposes of this request, " document" is defined to include but not be limited to draf ts and final versions of memoranda, meeting and trip reports, reports of tolephone conversations, notes, letters, graphs and charts.
Please provide cogies of the following:
'l.
All documents which have been prepared by NRC staff, its consultants and contractors, in connection with Task Action Plans A-40 and A-41, 2.
All documents compiled or gathered by NRC 'in connection with Task Action Plans A-40 and A-41, including but not limited to documents produced by licensees and vendors and their consultants and contractors.
3.
All documents written by H.R. Denton containing discussion of seismic issues.
4.
All documents writtc discussion of seismic IE DUPLICATE DOCUMENT 5.
All memoranda and nc Entire document previously entered to H.R.
Denton.
into system under:
6.
All documents contal ANO
/)
issues prepared for or c Systematic Evaluation Pr No. of pages:
I
(
du 1:1.nos, !! A roION, ROIU'! AN & weiss Mr. Joseph Felton, Director March 19, 1979 Page 2 documents prepared by the rmC. its consultants and contractors and documents in the possession of NRC which were prepared by licensees and vendors and their consultants.
7.
All inspection reports for the Beaver Valley units.
UCS requests that NRC waive any fees.
Disclosure to UCS meets the standard for waiver of fees, being "in the public interest because furnishing the information can be considered as primarily benefiting the general public."
5 USC S 552 (a) (4 ) (A).
As you know, UCS is a non-profit public interest group with a long-standing interest and established expertise on issues of nuclear safety.
If this request for waiver of fees is denied, you are authorized to incur up to $100.00 in costs.
If the costs exceed $100.00, we request to be given access to the materials so that we can deter-mine which documents to copy.
Very truly yours, g-
.e' 5
. Ng=
Ellyn__R Weiss Counsel for. Union of Concerned Scientists ERW/dmW
'{,
(
C SH EGON, H An> ton, Rors>I AN & WEISS 1025 ISN S T R F E T, N.W.
~
SUITE 500 5
T MWON E
,Al N I Al ON AN T H O N Y 2. Rot t,
,,N E LLY N R. W E'lSS WILLI AM S. JORD AN, Ill
- A DMITTC O IN HICHIG AN ONLY '
March 19, 1979 Mr. Joseph Felton, Director Division of Rules and Records Office of Administration United States Nuclear Regulatory Commission Washington, D.C.
2'0555 RE:
Frc'edom' of Informati'on' Act Re'qu'est
- NRC Ref. 79-76
Dear Mr. Felton:
This request pursuant to the Freedom of Information Act, 5 USC S552, is made on behalf of the Union of Concerned Scientists ("UCS").
For the-purposes of this request, " document" is defined to include but not L limited to drafts ~and final versions of memoranda, meeting and trip reports, reports of telophone conversations, notes,
- 2. utters, graphs and charts.
Please provide copies of the fcllowing:
1.
All documents relating to the discovery and analysis of the discrepancy between the results of original piping analysis,for seismic stresses at Beaver Valley Unit 1 and the results of,the currently acceptable S one and Webster codd. '
t 2.
All correspondence and communication, includ-ing but not limited to memoranda, reports of telephone conversations, trip and meeting reports, among or between NRC staff, Stone and Webster, and the licensee concerning the discrepancy z,
described in #1, above.
1 3.
All documents containing any recommendations of action to be taken b "m
e
~#
of the discrepancy desc DUPLICATE DOCUMENT 4.
All correspondence ing but not limited to Entire document previously entered Into system under:
ANo 7904 //o 050 No. of pages:
-I
(
- SH EIMON, ll An.Mox, RorsMax & weiss Mr. Joseph Felton,
'irector March 19, 1979 Page 2 telephone conversations, meeting :eports between NRC and DOE concerning the discrepancy described in #1 above, and the energy supply implications of shutting down the plants affected.
5.
All documents containing discussion of re-
~
analysis of the piping a'. Beaver Valley.
6.
All documents connected with the development and implementation of Regulatory Guides 1.92 and 1.60, including but not limited to all documents relevant to the need to develop the Guides and all documents containing discussion of whether the guides should be backfit and/or whether and how the principles established in the Guides should be applied to plants already granted permits or licenses.
7.
All draft versions of Regulatory Guides 1.92 and 1.60.
8.
All documents containing reviews of or comments on the draft versions of Regulatory Guides 1.92 and 1.60, including those prepared by the NRC staf f, their consultants and contractors and licensees and vendors and their consultants and contractors.
9.
All Branch Technical positions and draf ts thereof
. dealing with the. general subject matter of Regulatory Guides 1.92 and 1.60 which were in use prior to the promulgation of the Guides.
UCS requests.that NRC waive any fees.
Disclosure to UCS meets the standard for waiver of fees, being"in the public interest because furnishing the information can be considered as primarily benefiting the general public." 5 USC S552 (a) (4)
(A).
As you know, UCS is a non-profit public interest group with a long-standing interest and established expertise on issues of nuclear safety.
'(
i If this request for waiver of fees is denied you are authorized to incur up to $100.00 in costs.
If the costs exceed $100.00, we request to be given access to t'.1e material so that we can determine which documents to copy.
In light of the urgent need for this information, particu-
' larly in order to determine whether to request hearings on
I SII EraoN, II ARMON, ROISM AN & WEISS Mr. Joseph Felton, utrector March 19, 1979 Page 3 the Orders to Show Cause issued by the Commission on March 13, 1979, UCS requests a shortening of the normal 10-day response time and asks for NRC's response by Friday, March 23.
Very truly yours, EllyniR. We_tss
.,k. O s Couns"el for Union of Concerned Scientists ERW/dmW
- IIand-delivered to Mr. Joseph Felton at Maryland national Bank 7735 Georgetown Road Room 4210 Bethesda, Maryland bet : DM WacL
.