ML19323B870

Appeals Denial of FOIA Request for Records Re Commission Finding Characterized in 791126 Notice of Opportunity for Hearing on CP Extension

ML19323B870
Person / Time
Site:	Bailly
Issue date:	03/08/1980
From:	Osann E OSANN, E. W.
To:	NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
References
FOIA-79-527, FOIA-80-A-8 NUDOCS 8005140368
Download: ML19323B870 (2)

Text

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. LAW OrnCES LEY DIG, VOIT, OS AN N , M AYER & H O LT , LT D.

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0" ". "..".7,' """"""* March 8, 1980 AEPIAL OE JNLIIAI. FOIA DECIS ON

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Executive Director for Operations 80-A4E C79-327

-U.S. . Nuclear Regulatory Commission Washington, D.C. 20555 g' ]h*"'[O

Dear Sir:

Re: Appeal from Initial FOIA Decision; Docket No. 50-367; Your ref. FOIA-79-527 In response to the letter of February 5, 1980, received i February 8, 1980, from Joseph M. Felton, Director, Division I of Rules and Records, Office of Administration, and pursuant

- to the provisions of 10 CFR 9.11, the undersigned hereby )

appeal from the initial FOIA decision set forth in said q 1etter. l Our' request called for all records which support, -

refer or relate to the Commission's purported finding which is characterized in the Notice of Opportunity for l Hearing on Construction Permit Extension, dated November 26, 1979, in Docket No. 50-367 (Bailly Generating Station, Nuclear 1) to the effect that "the amendment does not involve a significant hazards consideration".

The documents identified by Mr. Felton in Appendix A to said February 5, 1980 letter, while purportedly relating to such a finding, do not constitute a "no significant hazards" finding by the Nuclear Regulatory Commission.

Our FOIA request was of sufficient breadth to include any ,

such Commission finding and we again request that it be l produced. Failure by the Commission to produce a copy of l said finding will leave the inference that none was made. '

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Executive Director for Operations March 8, 1980 Page Two The draft Notice of Opportunity for Hearing on Construction Permit Extension dated October 18, 1979, although relevant, was withheld in the initial FOIA decision. Because this draft Notice may shed further light on whether or not the Nuclear Regulatory Commission actually made the "no significant hazards" finding referred to in the November 26, 1979 Notice of Opportunity for Hearing, we request production of said draft Notice of Opportunity for dearing on Construction Permit Extension dated October 18, 1979 and all records which refer or relate to same.

Very truly yours,

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Edward W. Osann, Jr.

One of the Attorr.eys for the Izaak Walton League of America, Inc.,

Concerned Citizens Against Bailly Nuclear Site, Businessmen for the Public Interest, Inc., James E.

Newman, Mi'Idred Warner, and George Hanks.

EWO/js cc; Robert 7. Vollen, Esq.

Robert L. Graham, Esq.

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Dockekt.3. 50-367 i

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February 5,1980 Edward W. Osann, Jr. .' Esquire . -

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Suite 4600  : .

Ill RESPONSE REFER l , Chicago, IL'60611' ,' ,,- TO FOIA-79-527 -

Dear !!r. Osann:

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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

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t which' support,' refer or relate to the Commis'sion's purported finding -

which is characterized in the'llotice of Opportunity for Hearing on -

l Construction Perudt Extension, ' dated flovember 26, 1979, in Docket No.-

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

Pursu' ant. to 10 CFR 650.91 of the Commis's'on's .

regulations, the Commission ~ has found'tha*. 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 flRC- ,

Public Document Room (PDR),1717 H Street, ft.W., Washington, DC 2055,51 The charge for reproducing records located in the P.DR is eight cents -

(50.08) per page, as specified in 10 CFR 9.14(a) of the. C6 mission's .

regulations (copy enclosed). Upon your direct request to the PDR and -

your agreement to pa the reproduction charges, the PDR wi.ll arrange for . -

the record to be reproduced by Potomac Research, Inc...a private reproduction l ' 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 flotice 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 i from public disclosure pursuant to Exemption (5) of the Freedom of ,

Information regulations. Act (5 U.S.C. 552(b)(5)) and 10 CFR' 9.5(a)(5) of the Commission's c @s ga .

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Pursuant to 10 CFR 9.9 of the Commission's regulations, it has been i 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 !!r. Ilarold R. Denton, Dirdctor, Office of fluclear Reactor Regulation. .-

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This denf al may be appealed t6 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. Fluclear Regulatory Commission . .

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Uashington, DC 20555, and sh6uld clearly state on the envelope and in the letter that it is an." App 6al from' an Initial F0IA Decision."

This completes action on your" request. . - .. .

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, . ~ Sincerely. ..

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. Joseph M. Felton, Director 1 .

Div,ision of Rules and Records Enclosure': As stat 6d *[

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'- ' Re: F01A-79-527 APPENDIX A i

1. Juhj 9,1979, ACRS Subcomittee Meeting on Bailly (ACRS-1655).

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

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3. July 12-14,1979, 231St ACRS Meeting (ACRS-1662). ,

4 '. July 16, 1979, Report: Carbon, 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).

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