ML20028F922
| ML20028F922 | |
| Person / Time | |
|---|---|
| Site: | Perry, 05000000, Crane |
| Issue date: | 12/02/1982 |
| From: | Felton J NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Hiatt S OHIO CITIZENS FOR RESPONSIBLE ENERGY |
| Shared Package | |
| ML20028F923 | List: |
| References | |
| FOIA-82-481 NUDOCS 8302070146 | |
| Download: ML20028F922 (4) | |
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UNITED STATES
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December 2,1982 Docket No. 50-440 Ms. Susan Hiatt OCRE Representative 8275 Munson Road IN RESPONSE REFER Mentor, OH 44060 TO F0IA-82-481
Dear Ms. Hiatt:
This is in further response to your letter dated October 6,1982 in which you requested, pursuant to the Freedom of Information Act, five separate cal.egories of documents listed in your letter.
The documents listed on Appendix A are responsive to your request.
These documents are enclosed.
The documents listed on Appendix B contain legal analysis, advice, recommendations and opinions of the Office of the General Counsel to the Commissioners concerning ongoing litigation and ongoing deliberation, i.e., how to respond to the Court's decision on PANE. These documents contain no reasonably segregable factual porti'ons not already in the public record of the Three Mile Island proceeding or the court litigation.
These documents are, therefore, being withheld from public disclosure both as attorney work-product and as predecisional documents under Exemption 5 and the Commission's regulations,10 CFR 9.5(a)(5).
Release of these documents would not be in the public interest because it would impede the future flow of advice from the General Counsel's office to the Commissioners and because it would reveal recommended litigation strategy.
The denying official is Leonard Bickwit, Jr., General Counsel.
This denial may be appealed to the Commission 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 Commission, Washington, DC 20555, and should clearly state on the envelope and in the letter that it is an " Appeal from an Initial FOIA Decision."
i i
In a telephone conversation between you and Nina Toms of nty staff, item l
4 of your request has been limited to "all instructions or orders since January 1,1981 to the Appeal Boards, Licensing Boards, or Administrative Judges concerning the conduct of licensing proceedings." Most Orders to the Boards are published monthly in the Nuclear Regulatory Commission Issuances.
All Orders and instructions are available in the NRC Public l
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l 8302070146 821202 PDR FOIA l
HIATT82-481 PDR
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j Ms. Susan Hiatt Document Room, unless they contain proprietary or classified information.
You may purchase copies of these Issuances by making a check payable to the Superintendent of Documents in the amount of $6.50 per volume or
$55.00 for a one-year subscription.
Mail to the following address:
NRC/GP0 Sales Program Division of Technical Information and Document Control U.S. Nuclear Regulatory Commission Washington, DC 20555
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We understand that item 5 has been limited to include memoranda and letters between President Reagan or anyone of his staff and the Commission dealing with the generic issue of the speedup of the licensing process.
j We have no documents relevant to this item.
This completes action on your request.
t Sincerely,
. M. Felton, Director Division of Rules and Records.
Office of Administration
Enclosures:
As stated 1
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R3: F01A-82-481 i
Appendix A 1.
Excerpt frem ASLBP meeting, March 8,1982. (1 page) 2.
Excerpt from ASLBP meeting, April 19,1982.-(1 page) 3.
Excerpt from ASLBP meeting, Juae 14,1982. (1 page) 4..
Excerpt from ASLBP meeting, June 28,1982. (1 page) 5.
Excerpt from ASLBP meeting, July 26,1982. (1 page)-
6.
Note transmitting article from Hind and Medicine, Vol. 8, No. 3, April 1981. (6 pages) 7.
Memorandum for Vernon S. Kerr, NRC, from Hudson B. Ragan, NRC, " Legal 2
Aspects of Consensual Recording of Telephone Calls," June 4,1981.
(2 pages)
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R2: F01A-82-481 Appendix B 1
SECY-82-16D, " Issuance of Opinions in TMI-1 Psychological Impacts Cause (PANE v. NRC, D.C. Cir. No. 81-1131)," from Martin G. Malsch, Deputy General Ensel, to the Commissioners, May 24, 1982 (28 pages).
2.
SECY-82-257, " Draft Policy Statement on Treatment of Psychologicai Stress Contentions in Proceedings Other Than TMI-1 Restart," from Martin G. Malsch, F puty General Counsel, to the Commissicners, dated June 21, 1982 (10 pages).
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October 6, 1982
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EREEDOM OF ACT REQUEST AD Mr. J.!/.. Felton, Director Division of Rules and Records cO L A - N
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office of 4dministration
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U.S. Nuclear Regulatory Commission Washington, D.C.
20555
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FREEDOM OF INF0hMATION ACT REQUF.ST
Dear Mr. Felton,
Pursuant to the ireedom of Information Act, 5 USC 5 552, as amended, and the provisions of 10 CFR Part 9, the undersigned hereby requests the following items:
1.
Any correspondence, notes, agreements, memoranda, or other documents leading to the issuance of or otherwise concerning the Commission't July 16, 1982 Policy Statement concerning the applicability of PANE v NHC (psychological stress) to proceedings other than TMI-l Restart.
Included in this request are documents originating with or directed toward the Commissioners, NRC Staff, NRC adjudicatory boards and administrative judges, utilities, law firms and attorneys, professional societies, special interest groups, and any other preson or entity.
2.
Any documents in the possession of the NBC concerning the resignation of Judge Louis J. Carter from the Indian Point ASLB, including notes, correspondence, memor,anda, testimony, or any other document.
documents cencerning any possible or existing wire-3.
Any/or phone-tapping and/or tape recording of conversations and of any person in the employ of the Nuclear hegulatory Commission, including Commissioners, Staff, administrative judges, or others.
4.
All internal NHC memoranda or correspondence since January l
1, 1981 originating with or directed toward the Commission, appcal boards, licensing boards, or administrative judges 2p or conccrning the general conduct of licensing proceedings gxec.%d (or requirements thereof) or the specific matter of any tnnete en particular procceding, gm, 43 cu.e 5.
Any and all memoranda or correspondence between President x
neagan (or anyone on his oehnlf) or any member of the White \\
House staff and the Commission or any other person in the NRC.
I agree to accept tne charEes for these items.
1 Sinccrcly Susan L.
Hiatt C707:50003 OChE hepresentative 7
8275 Itunson Rd.
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!!cntor, OH 44060 t
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