ML20052A927

FOIA Request for Transcripts of Closed Commission Meetings Re Suspension of Fuel Loading & Low Power Testing License

ML20052A927
Person / Time
Site:	Diablo Canyon
Issue date:	03/19/1982
From:	Hoffman D KNIGHT-RIDDER NEWSPAPERS
To:	Felton J NRC OFFICE OF ADMINISTRATION (ADM)
References
FOIA-82-159 NUDOCS 8204290404
Download: ML20052A927 (1)

Text

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,1 W ASWNGTON, D.C. 20555 gydg} - g l April 21, 1982 50475/:52.3 OFFICE OF THE SECRETARY Mr. David E. Hoffman Correspondent e- im Knight-Ridder Newspapers \ C3 Washington Bureau f g 1195 National Press Building g Washington, D.C. 20045 s

4[f)yp Re: F0!A-82-159 H 3o '% 1pk '-11 v) c Aw

Dear Mr. Hoffman:

This is in response to your letter of March 19, 1982 requ s n', '

pursuant to the Freedom of Information Act (F0IA), access to transcripts of the Comission's closed meetings of November 16,18, and 19,1981 regarding the suspension of the fuel-loading and low power testing license for Diablo Canyon Nuclear Power Plant, Unit 1.

We previously denied you access to these transcripts because they reflected sensitive Comission discussions of matters subject to adjudication and possible regulatory action. Your letter cites the release of the transcripts of the Comission's January 21, 1982 meeting regarding an NRC staff investigative report concerning matters related to the ongoing Diablo Canyon seismic reverification program as the basis for your belief that the previously withheld transcripts should now be released. Though both discussions related to Diablo Canyon, the subject and nature of the deliberations were quite different. The November meetings resulted in the decision to suspend PG&E's license to load fuel and conduct low power tests. The January meeting concerned a different matter -- the investigation of possible misstatements made by representatives of PG&E regarding the development of the seismic reverification program. The sensitivity of the November meetings where the Comission was acting in its quasi-judicial capacity dictates holding the transcripts in confidence to protect the uninhibited exchange of ideas and opinions essential to the deliberative process.

This decision is not affected by release of the January transcript.

We have again reviewed the transcripts of the November meetings under the Government in the Sunshine Act (see 5 U.S.C. 552b(k)) and determined that they are exempt in their entirety from mandatory public disclosure.

The discussions engaged in during these meetings focused upon, among other things, possible regulatory action by the Comission regarding Diablo Canyon's operating license. Sensitive Comission deliberations of this nature benefit from the uninhibited exchange of ideas and opinions. For this reason and because the subject of the discussions relates to ongoing litigation and adjudication, the Comission has determined that the public interest does not require release of these 82042909'o%

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transcripts. The reasons for the order suspending PG&E's license to load fuel and conduct low power testing at Diablo Canyon are contained in the order itself.

Accordingly, the transcripts of the Conmission meetings of November 16, 18, and 19, 1981 are being withheld in their entirety pursuant to exemptions 5 and 10 of the Government in the Sunshine Act, 5 U.S.C.

552b(c)(5) and (10), and exemption 3 of the Freedom of Information Act, 5 U.S.C. 552(b)(3). Because the Commission itself addressed your request, an F0IA appeal would be redundant. Therefore, please consider this the final agency action on your request. I am the agency official

, responsible for the denial. Pursuant to the F0IA, judicial review of this decision is available in a federal district court in the district in which you reside or have your principal place of business, or in the District of Columbia. q f

'S ncerely, bn Amtre r J.

Secretary of the Conmis 'on 1

~ KNIGHT-RIDDER NEWSPAPERS WASillNGTON BUREAU 1319 FStreet,NW = Suite 600 Washington, DC 20004 * (202)637-3600 March 19, 1982 FREEDOM OF INFORMA'DWI ACT REQUEST Fo.rA - 2z ~ J57 Joseph Felton U.S. I:uclear Regulatory Commission SE #d b '2h'k b Freedom of Information Office Washington, D.C. 20555

Dear Mr. Felton,

This is to renew an earlier FOIA request I filed

.for transcripts of closed Commission meetings relating to the Diablo Canyon case.

Specifically, I seek transcripts of Commission meetings leading up to the Nov. 19 decision to suspend the license of Pacific Gas & Electric Co. for fuel-loading and low-power operation of Diablo Canyon Unit 1.

I am renewing the request in light of the Commission's recent decision to make public the transcript of its discussion on Jan. 21 of the Region V report on Diablo Canyon.

Surely if this transcript has been made nublic there can be no reason or precedent for refusing to make public the earlier transcript of Commission deliberations on Diablo Canyon.

I trust you will respond to my request within 10 working days and advise me, if it is rejected, of the procedures for appeal.

Sincerely y 0 David Hoffman /