ML19289F186
| ML19289F186 | |
| Person / Time | |
|---|---|
| Site: | Black Fox |
| Issue date: | 04/12/1979 |
| From: | Shon F, Wolfe S Atomic Safety and Licensing Board Panel |
| To: | |
| References | |
| NUDOCS 7906040389 | |
| Download: ML19289F186 (2) | |
Text
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BEFORE THE ATOMIC SAFETY AND LICENSING BOARD e7,t%
NJ In the Matter of
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PUBLIC SERVICE COMPANY OF OKLAHOMA,
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Docket Nos. STN 50-556 CP ASSOCIATED ELECTRIC COOPERATIVE, INC.,
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STN 50-557 CP and
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WESTERN FARMERS ELECTRIC COOPERATIVE
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(Black Fox Station, Units 1 and 2)
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ORDER In a letter dated March 28, 1979, the General Electric Ccmpany requested that the Board return the copy of the Reed Report and related Sub-Task Force Reports which had been sent to us under cover of a letter dated January 5, 1979. Treating GE's request as a Motion, in an Order of April 2,1979 we requested that Staff advise whether or not it recem-mended that GE's Motion be granted. On April 9,1979, Staff filed its response.
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The instant Motion is deniedT In the first place, GE's reliance on 10 C.F.R. 9 2.790(c) is misplaced or, at best, is premature since the NRC, to our knowledge, has not acted upon GE's letter of March 15, 1979 requesting that the Reed Report and the verbatim extrac-tions therefrem be exempt from disclosure pursuant to 10 C.F.R. 5 2.790 1/ The Board has not considered either the conjectural statement at page 5 of GE's letter or the FOIA arguments advanced in footnotes 1 and 2.
Pursuant to 10 C.F.R. I 9.15, only the Chairman of a Board (or of the dh[ Atcmic Safety and Licensing Board Panel, or a designee) initially deter-minds \\FOIArequestsandtherearenoFOIArequestspendingbefcreChairman Wol fe. '
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l and 10 C.F.R. Part 9.
Second, this Bocrd was not requested to nor did it sign the Protective Agreements, and whatever GE's understanding might be, we are not bound by the cited provision of these Protective Agreements. Third, we are unable to comply with GE's request pending appellate review of our ultimate initial decision.
For example, in reviewing our in, camera rulings on the faithfulness of the verbatim extracts, the Appeal Board may wish to compare _in_ camera the Reed Report with the verbatim extracts.
Finally, lest the letter or spirit of the Freedom of Information Act, 5 USC 552, be violated, we could not accede to GE's request at least until such time as the pending FOIA procedures have been concluded.
Dr. Purdom concurs but was unavailable to sign the instant Order.
THE ATOMIC SAFETY AND LICENSING BOARD
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4;'-tW Frederick J < on, Member'
%%WWh Sheldon J. 'ge, EsqtJire Chairman Dated at Bethesda, Maryland this 12th day of April,1979.
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