ML19338F672
| ML19338F672 | |
| Person / Time | |
|---|---|
| Site: | Hatch, Indian Point, Arkansas Nuclear, 05000477, 05000478, New England Power  |
| Issue date: | 10/15/1980 |
| From: | Felton J NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Keany S WINTHROP, STIMSON, PUTNAM & ROBERTS |
| Shared Package | |
| ML19338F673 | List: |
| References | |
| FOIA-80-485 SECY-77-023, NUDOCS 8010270037 | |
| Download: ML19338F672 (2) | |
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- l WASHINGTON, D. C. 20555 October 15, 1980 Sutton Keany, Esquire Winthrop, Stimson, Putnam & P.oberts 40 Wall Street IN RESPONSE REFER New York, NY 10005 TO F01A-80-485 Dear Mr. Keany This is in response to your letter dated September 23, 1980, in which you requested, pursuant to the Freedom of Information Act, all records pertaining to three categories of information with regard to fees for withdrawn applications.
In subsequent telephone conversations between you and Linda Robinson concerning your request, you stated, among other things, that your request does not cover SECY-80-364 since you have already obtained a copy of that record.
Searches by those offices in which records responsive to your request would likely be maintained have resulted in identification of records pertaining only to categories (a) and (b)_ of your request.
We have l
enclosed some of these recor'ds, as listed on the enclosed appendix.
Two additional records, identified as (1) SECY-80-364A, and (2) Response Sheet to Samuel Chilk from Chairman Ahearne, are being withheld pursuant to Exemption (b)(5) of the Freedom of Information Act, 5 U.S.C. 552 (b)(5), and 10 CFR 9.5 (a)(5) of the Comission's regulations. These records constitute legal advice (a legal work product and information covered by the attorney-client privilege) and other internal deliberative material, and their disclosure would adversely affect the ability of the Comission to engage in candid deliberations.
Pursuant to 10 CFR 9.15 of the Comission'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 person responsible for this denial is Mr. Samuel J.
Chilk, Secretary of the Commission.
This denial may be appealed to the Comission within 30 days from the receipt of this letter. Any such appeal must be in writing, addressed to the Secretary of the Commission, U.S. Nuclear Regulatory Comission, Washington, DC 20555, and should clearly state on the envelope and in the letter that it is an " Appeal from the Initial FOIA Decision."
Sincerely, 8
J.
elton, Director Division of Rules and Records Office of Administration i
Enclosure:
. As stated 8010270037
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Re:
F01A-80-485 APPENDIX a) 1.
Unofficial transcript 9/4/80 of affirmation of SECY-80-364 at Commission Affirmation Session 80-39 2.
Memo 9/4/80 John C. Hoyle re: affirmation, with Mail Control Form, attached to SECY 80-364 3.
Memo 7/7/80 W. O. Miller to Robert Fonner, ELD (Comments on Draft Staff Paper) 4.
Memo 6/20/80,W. O. Miller to Robert Fonner (Background info on NewEnglandPower) 5.
Memo 6/2/80 W. O. Miller to Steve Eilperin, 0GC - Status of 4 cases formally withdrawn 6.
Memo 5/21/80 W. O. Miller to Robert Fonner, ELD '(' listing of withdrawn and announced discontinuance of nuclear plants) 7.
NRC fee guidelines approved by the Commission and Court of Appeals in Mississippi Power and Li denied 444 U.S.1102 (1980)ght vs. NRC, 601 E2d 223 (1979) cert, b) 1.
Letter 4/22/80 Public Service Electric to W. O. Miller (Declines i
payment of Invoice 362-80)
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2.
Invoice 514-80 dated 3/31/80 NRC to New England Power billing for withdrawn CP 3.
Letter 3/24/80 W. O.
- iller to New England Power (Notifies NEP of fees due) 4.
Memo 3/24/80 W. O. Miller to W. E. Manion (Notifies Controller to bill NEP.)
5.
Memo 3/24/80 C. J. Holloway to Files with 3 enclosures (Supporting documentation for billing NEP.)
6.
Invoice 362-80 dated 1/23/80 NRC to Public Service Electric billing for withdrawn CP 7.
Letter 1/8/80 W. O. Miller to Public Service (Notifies Public Service of fees due) 8.
Memo 1/8/80 W. 0. Millar to W. E. Manion (Notifies Controller to bill Public Service 9.
Memo 1/8/80 C.'J. Holloway to Files with 3 enclosures (Supporting documentation for billing Pu5lic' Service)
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