ML20027D571

Corrected Page 44 to Miami Valley Power Project Petition for Reconsideration of Commission 820730 Order.Certificate of Svc Encl

ML20027D571
Person / Time
Site:	Zimmer
Issue date:	11/03/1982
From:	MIAMI VALLEY POWER PROJECT
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML20027D569	List: ML20027D568 ML20027D571
References
NUDOCS 8211080071
Download: ML20027D571 (3)

Text

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VII. THE NRC'S ARBITRARY AND CAPRICIOUS REFUSAL IO IDENTIFY, AND EITHER DISCLOSE OR WITHHOLD UNDER AN EXEMPTION, NRC DOCUMENTS REQUESTED UNDER THE FREEDOM OF INFORMATION ACT BARS PUBLIC EXAMINATION OF NRC DECISIONS.

On June 30, 1982, MVPP's counsel, the Government Accountabi-lity Project, brought suit against the NRC on behalf of Mr. Thomas Applegate, another Government Accountability Project client, to obtain documents it had requested under the Freedom of Information Act, 5 U.S.C. S 552, et seq. On November 23, 1981, Mr. Applegate, through his counsel, requested copies of all " notes, memoranda, telephone logs, tapes, diaries and/or other records prepared by U.S. government employees in connection with the August 7, 1981 OIA Report entitled 'Special Inquiry re: Adequacy of IE Investigation 50-358/80-9, at the William H. Zimmer Nuclear Power Station,'" or the investigation leading up to the Report. The request specifically included early drafts or proposed supplements to the OIA Report.

None were produced; nor was there even an admission of their exis-tence. At no time was the Harpster interview, Attachment 6, iden-tified by the NRC. Only after Mr. Applegate filed suit against the NRC was the Harpster interview produced as an interview prepared in connection with the OIA Report. See August 10, 1982 Letter of Richard Parrish, attached and incorporated herein as Attachment 25.

MVPP, Mr. Applegate and their shared counsel believe the NRC arbi-trarily and capriciously refused to identify documents clearly responsive to a proper request under FOIA.

This conduct illustrates further why the N'RC should no t be allowed to monitor the reinvestigation and QCP at Zimmer without public input. The Freedom of Information Act ("FOIA" or "Act")'

was enacted explicitly to allow citizens access to information about government procecces.

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The NRC apparently is unable to 8211080071 821105 PDR ADOCK 05000358 G PDR

CERTIFICATE OF SERVICE I hereby certify .that the foregoing Notice of Correction has been served by mailing copies first class postage prepaid, this 3rd day of November, 1982, to the following:

• Chairman Nunzio J. Palladino Dr. Stanley M. Livingston U.S. Uuclear Regulatory Commission Administrative Judge Washington, Ex: 20555 1005 Calle Largo Sante Fe, Mew Mexico 87501

• Commissioner John F. Ahearne U.S. Nuclear Regulatory Commission

• Chairman, Atomic Safety and Washington, DC 20555

• Licensing Appeal Board Parel U.S. Nucicar Regulatcry Commission

• Commissioner James K. Asselstine , Washington, DC 20555 U.S. Nuclear Regulatory Commission Wa shing ton, DC 20555

• Chairman, Atomic Safety and Licensing Appeal Board Par.1

• Commissioner Thomas M. Roberts U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Wa shing ton, DC 20555 .

Robert F. Warnick

• Commissioner Victor Gilinsky Director, Enforcement and U.S. Nuclear Rcgulatory Commission Investigation Washington, DC 20555 NRC Region III 799 Roosevelt Road

• Leonard Bickwit, Esquiro Glen Ellyn, IL 60137 General Counsel U.S. Nuclear Regulatory Commission Deborah Faber Webb, Esquire Washington, DC 20555 7967 Alexandria Pike Alexandria, KY 41001 '

• Judge John !!. Frye, III Chairman, Atomic Safety and Licensing Andrew B. Dennison, Esquire Board Attorney at Law U.S. Nuclear Regulatory Commission 200 Main Street Washing ton, DC 20555 Batavia, Ohio 45103

• Charles A. Barth, Esquire Troy B. Connor, Esquire Counsel for the NRC Staff Connor and Wetterhahn Of fice of the Exocutive Legal Director 1747 Pennsylvania Ave. NN U.S. Nuclear Regulatory Commission Wa shing ton , DC 20006 Washington, DC 20555 John D. Woliver, Esquire Dr. Frank F. Hooper Clermont County Community Co acil Administrative Judge Box 181 School of Natural Resources Batavia, Ohio 45103 University of Michigan Ann Arbor, Michigan 48109

• Delivered through NRC internal mails.

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Brian Cassidy, Esquire Regional Counsel ,

Federal Emergency Management Agency - Region I John W. McCormack POCH Boston, Mass. 02109 George E. Pattison, Esquire Prosecuting Attorney of Clermont County, Ohio 462 Main Street Batavia, Ohio 45103

• Docketing and Service Branch Office of the Secretary -

U.S. Nuclear Regulatory Commission Washington, DC 20555 David K. Martin, Esquire Assistant Attorney General Acting Director, Division of Environmental Law 209 St. Clair Street Frankfort, KY 40601 William J. Moran, Esquire Vice President and General Counsel The Cincinnati Gas and Electric Company PO Box 960 Cincinnati, Ohio 45201 t

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L'QVIS CLARK

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