ML19330A252
| ML19330A252 | |
| Person / Time | |
|---|---|
| Site: | Midland |
| Issue date: | 06/22/1971 |
| From: | Murphy A Atomic Safety and Licensing Board Panel |
| To: | |
| References | |
| NUDOCS 8007151043 | |
| Download: ML19330A252 (5) | |
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PROD. & UTIL. FAC. 50-Mt336
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UNITED STATES OF AMERICA
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CERTIFICATION OF QUESTIONS TO THE ATOMIC SAFETY AND LICENSING APPEAL BOARD AS TO CLAIM OF PRIVILEGE BY THE REGULATORY STAFF By letter dated April 29, 1971, the Regulatory Staff trans-mitted to the Board a number of documents pertaining to this proceeding which had been requested by certain intervenors.
Some of the documents had been forwarded to intervenors in.their entirety; some had been forwarded with deletions claimed to be authorized by the Commission's regulations; and some were being withheld from intervenors entirely on the basis of a claim of privilege.
By Order dated May 19, 1971, the Board ordered that with certain exceptions the documents should be disclosed to inter-venors.
Although the Board found that substantially all of the j
documents were " internal working papers" within the meaning of the regulations, for the reasons stated in the Order, the Board held tb-t the documents should be disclosed.
Generally speaking, the Board ordered disclosure of all documents except those in two l
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Documents pertainf.ng to the ACRS, including reports, draft reports, memoranda of meetings, etc.
2.
Communications between the staff and the Commission.
Intervenors, in a memorandum dated May 28, 1971, have objected that the documents within those categories must also be disclosed by reasons of the provisions of the Freedom of Information Act.
By letter dated June 18, 1971, the staff advised the Board that the Director of Regulation objected to authorizing the dis-closure of the documents and the-deleted ma'terial.
The Board being of the view tnat the documents should ae disclosed, hereby certifies the following questions to the Appeal Board:
OUESTION I Do the regulations preclude the disclosure of documents which are found to be privileged?
(This question is asked out of cau' tion in light of the staff letter which suggests that the public interest is dis' served by the disclosure of any privileged documents.
The Board has operated on the assumption that even as to privileged documents, considerations of need, relevance and public interest should be weighed in the decision as to disclosure.),
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QUESTION II Would the disclosure of the documents, in accordance with the Board's order, be contrary to the public interest?
OUESTION III Does.the Freedom of Information Act require the production of those documents as to which the Board denied disclosure?
(Presumably if the answer to this question is "yes", the same question would have to be answered as to the documents covered in Question II.)
ATOMIC SAFETY AND LICENSING BOARD
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By Arthur W. Murphy, Chairman (
Dated:. June 22, 1971 i
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UNITED STATES OF AMERICA era
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ATOMIC ENERGY COMMISSION n.
In the Matter of
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Docket No. 0-329,/3307
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(Midland Plant, Units 1 and 2)
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CERTIFICATE OF SERVICE qt I hereby certify that copies of CERTIFICATION OF QUESTIONS TO THE ATOMIC SAFETY AND LICENSING APPEAL BGARD AS TO CIAIM OF PRIVILEGE BY THE REGUIA-TORY STAFF dated June 22, 1971 in the captioned matter have been served on the following by deposit with the United States Postal Service, first class or air mail, this 22nd day of June 1971:
Arthur W. Murphy, Esq., Chairman Richard G. Smith, Esq.
Atomic Safety and Licensing Board Smith & Brooker, P. C.
Columbia University School of Law 703 Washington Avenue 4 5 West n 6th Street, Box 38 Bay City, Michigan 48706 3
New York, New York 10027 Harold P. Graves, Esq., Vice Dr. Clark Goodman President and General Counsel Professor of Physics John K. Restrick, Esq.
University of Houston Consumers Power Company 3801 Cullen Boulevard 212 West Michigan Avenue Houston, Texas 77004 Jackson, Michigan 49201 Dr. David B. Hall Mr. R. C. Youngdahl Los Alamos Scienfific Iaboratory Senior Vice President P. O. Box 1663 Consumers Power Company Ica Altmos, New Mexico 87544 212 West Michigan Avenue Jackson, Michigan 49201 100 Tennessee Avenue, Apt. 37 Honorable Frank Olds, Chairman Redlands, Californis 92373 Midland County Board of Supervisors Thomas F. Engelhardt, Esq.
623 St. Charles Street David E. Kartalia, Esq.
Midland, Michigan 48640 Regulatory Staff Counsel U. S. Atomic Energy Commission Honorable Jerome Maslowski Washington, D. C. 20545 Assistant Attorney General i
State of Michigan Robert Lowenstein, Esq.
Seven Story Office Building Jerome E. Sharfman, Esq.
525 West Ottava Iowenstein and Newman Iansing, Michigan 48913 1100 Connecticut Avenue Washington, D. C. 20036, N. W.
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50-329, 330 Page a Honorable Curtis 0. Beck Milton R. Wessel, Esq.
Assistant Attorney General Allen Kezabom, Esq.
State of Michigan Kaye, Scholer, Fierman, Hays Seven Story Office Building and Handler 525 West Ottava h25 Park Avenue Lansing, Michigan 48913 New York, New York 10022 Myron M. Cherry, Esq.
William A. Groening, Jr., Esq.
McDermott, Will & Emery James N. O'Connor, Eaq.
111 West Monroe Street The Dow Chemical Company Chicago, Illinois 60603 2030 Dow Center Midland, Michigan h8640 Anthony Z. Roisman, Esq.
Berlin, Roisman & Kessler Gladys Kessler, Esq.
1910 N Street, N. W.
Berlin, Roisman & Kescler Washington, D. C. 20036 1910 N Street, N. W.
Washington, D. C. 20036 James A. Kendall, Esq.
Currie and Kendall Edward Berlin, Esq.
135 North Saginaw Road Berlin, Roisman & Kessler Midland, Michigan 48640 1910 N Street, N.W.
Washington, D. C. 20036 Dr. Wayne E. North, Chairman Midland Nuclear Power Committee William J. Ginster, Esq.
P. O. Box 335 Merrill Building, Suite 4 Midland, Michigan 48640 Saginaw, Michigan 48602 Mr. Wendell H. Marshall RFD No. 10, Mapleton Midland, Michigan 48640
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frice of the Secretary of the Commission ec: Mr. Murphy Mr. Engelhardt Mr. Welle N. Brown
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