ML20009D164

Responds to FOIA Request for Document Proposing Terms of Compromise Between NRC & Util Re QA Issues in Facility Proceeding.Proposed QA Stipulation Subj to Request Completely Withheld (Ref FOIA Exemption 7)

ML20009D164
Person / Time
Site:	Midland
Issue date:	07/06/1981
From:	Felton J NRC OFFICE OF ADMINISTRATION (ADM)
To:	Stamiris B AFFILIATION NOT ASSIGNED
References
FOIA-81-227 NUDOCS 8107230240
Download: ML20009D164 (2)

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' - h I NUCLEAR REGULATORY COMMISSION v'

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WASHINGTON, D. C. 20555 P H l

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- JUL 0 71981C 1

July 6, 1981

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~Ms.. Barbara Stamiris-

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5795.N River-IN RESPONSE REFER 2Freeland,_MI E48623.

TO F01A-81-227 Dcar Ms. Stamiris:

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'JThis'is>in-re'ponse to;yourl letter dated June li, 1981, in which you s

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. requested l pdrsuant to the Freedom of 'Information Act, the document

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proposing' terms of a. compromise between the NRC and Consumers Power

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rega W ng'qualityTassurance. issues.in the Midland proceeding.

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The'NRC-is"in possession of!an eight page_ CONFIDENTIAL PROPOSED.QA STIFulfTION which is -the-subject of your request.

This document is a record @hichisDpart.ofLthe NRC's ongoing' enforcement proceeding involving

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Consumers: Power Company:and their Miiland Plants.-

2 s:you may be aware,; exemption 1'(b)(7)(B)'of the Freedom'of 'Information A

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Act protects from disclosure material which would " deprive a perso'nofa

right:to al fair. trial or an impartial adjudication." This protection

, textends~ to corporations as Lwell as.' individuals.' -See_, 5 USC section

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551(2);c As<the Attorney General's Memorandum'on the 1974 Amendments

. explains', the-provi.sion operates to safeguard a litigar.t when."the

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.."" frelease of damagin~g and unevaluated information may threaten to distort

'an administrative judgment in a pending case." 1974 Attorney General'

- ' Memorandum at 8J

. The! facts fin:the: Midland case threatensuch a distortion.

In the prescat case:a quality assurance stipulation,. signed by the NRC and Consumers s

Power Company'and rabmitted to the licensing board, still-awaits approval.

A LThe! stipulation the board has before it is the result of several months

'of negotiations ~ between the NRC and Consumers Power Company.

Exposure

ofa previous drafts of stipulations wi.thout exposure to the process under t -

which those-drafts /were developed can severely distort the perception of the board as to.the marits of;the present stipulation.

It may prompt the. board to second guess-the posture of the parties and involve the board in the negotiation process. This is the type of situation exemption l(b)(7)(B) was intended to prevent. Ther m re, this Proposed Stipulation 4

-is-being withheld' pursuant"to exemption'(b)(7)(B) of the Freedom of InformationAct~(5U.S.C. 552(b)(7)(B))and10CFR9.5(a)(7)(ii)ofthe L Commission's -'regula tions.

107230240'8107069'

,PDR FOIA C STAMIRIS1-227 PDR;

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Additionally, the' Proposed Stipulation is being withheld pursuant to

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exemption -(b)(4)~ of. the Freedom of Information Act (5' U.S.C. 552(b)(4))

'and 10 CFR 9.5(a)(4) of the Commission's regulations.

Exemption (b)(4)

is applicable here as the Proposed Stipulation is privileged information in the' form of an attorney work product which. reveals strategies developed

' by Consumers-Power Company in preparing 'for legal action.

- Pursuant to.10 CFR 9.15 of the Commission's regulations, i.t has been determined that' the'information withheld-is exempt from production or Ldisclosure 'and that its production or disclosure -is contrary to the p'ublic -interest. -The person responsible for this denial is Mr. Thomas F. Engelhardt, Acting Executive Legal Director.

.This denial may be appealed.to the Commission within'30 days from the

- receipt of thi:; letter. Any such appeal must be in writing,- addressed to'the Secretary of the Commission, U.S. Nuclear Rejulatory Commission, Washington,lDC-20555, and should clearly state on the envelope and in the letter?that-it is. an " Appeal from an Initial F0IA Decision."

Sincerely,

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- / J. M."-elton, Director

/. Division of Rules and Records

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Office of Administration r

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