ML20052B035
| ML20052B035 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 03/04/1982 |
| From: | Felton J NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Fleischaker D AFFILIATION NOT ASSIGNED |
| Shared Package | |
| ML20052B036 | List: |
| References | |
| FOIA-82-51 NUDOCS 8204290595 | |
| Download: ML20052B035 (2) | |
Text
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UNITED STATES y} gl (gg NUCLEAR REGULATORY COMMISSION g
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March 4, 1982 38 D82ss 3
$7 David S. Fleischaker, Esquire L
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P.O. Box 1178 INRESPONSERdFE(
Oklahoma City, OK 73101 TO F01A-82-51 ge m
Dear Mr. Fleischaker:
This is in further response to your letter dated January 27, 1982 in which you requested, pursuant to the Freedom of Information Act, four categories of documents regarding the investigation of false information s
conveyed by representatives of Pacific Gas & Electric Company (PG&E) j during a November 3,1981 meeting on the Diablo Canyon Nuclear Power Facility.
The following document is enclosed.
Note from Commissioner Gilinsky for the Commissioners attaching a newspaper article written by Frederick W. Mielke The documents listed on the appendix are being withheld in their entirety.
These memoranda among Commissioners and their staff constitute advice, opinions and recommendations and contain no reasonably segregable factual material.
Release of this information would tend to inhibit future communication between and among Commissioners and their staffs, communication which is essential to the deliberative process. This information is therefore being withheld from public disclosure pursuant to Exemption (5) of the Freedom of Information Act (5 U.S.C. 552(b)(5)) and 10 CFR 9.5(a)(5) of the Commission's regulations.
Pursuant to 10 CFR 9.15 of the Conunission'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 the denial of documents 1 through 10 is Mr. Samuel J. Chilk, Secretary of the Commission.
The person responsible for the denial of document 11 ia Mr. Leonard Bickwit, General Counsel of the Commission.
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 F0IA Decision."
Sinc'erely hyh a
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J4 M. Felton, Director 4
Division of Rules and Records
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Office of Administration
Enclosure:
As stated 820429 DF35
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Re: F01A-82-51 Appendix 1.
Memorandum from Commissioner Gilinsky to William J. Dircks, re:
Region V Investigation, dated 12/18/81 2.
W. Manning note to Commissioner Gilinsky re: Newmark, dated 1/6/82 3.
W. Manning note to Commissioner Gilinsky re: Region V Investigation, dated 2/4/82 4.
W. Manning note to Commissioner Gilinsky re: Region V Investigation, dated 2/5/82 5.
W. Manning note to Commissioner Gilinsky re: Comments of Joint Intervenors, dated 2/5/82 6
Handwritten Notes of Commissioner Gilinsky, undated 7.
Memo to Commissioner Bradford from Bill Clements re: Region V Investigation of Pacific Gas and Electric Company and R. L. Cloud Associates, Inc., dated 1/20/82 8.
Memo from Commissioner Bradford to Chairman Palladino re: Your Conclusions Re the Diablo Canyon Material False Statement, dated 2/5/82 9.
Memo for the Chairman from Bill Reamer re: Diablo Canyon Enforcement, dated 1/26/82 10.
Comments of the Chairman on the Statements Made in the November 3, 1981 Meeting, dated 2/4/82 11.
Memo to Commissioners from L. Bickwit re: Diablo Canyon Enforcement Statement dated 2/8/82 i
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DAVID S. FLEISCHAKER F.CSVED
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EXPRESS MAIL I
January 27, 1982 FREEDOM OF INFORMATION ACI REQUEST Director, Office of Administration Washington, D.C.
20555
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U.S. Nuclear Regulatory Commission Ec.]' / g p, p
Dear Sir:
This is a request under the Freedom of Information Act, as amended (5 U.S.C. S552).
i Iwritotorequestacopyofchefollowingdo$uments:
1.
All documenta made available to the Commissioners in connection with the Commissioners' consideration of the Staff investigation of the false information conveyed by representatives of Pacific Gas & Electric Company to the NRC Staff during a November 3, 1981 meeting on the Diablo Canyon Nuclear Power Plant design reverification program, i
2 All documents cited in discussions between the
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Commissioners and the NRC Staff during the closed Commission mootings on the Staff investigation.
3.
All documents obtained by the commission Staff during the course of the invostigation from PGGE employees, independent contractors, representatives and agents, or any other
- source, whether or not such documents were made available to the Commissioners.
t 4.
That part of the transcript from any Commission meetings during which discucuions were held on the staff investigation referred to in paragraph one (1) above.
if you determine that come or all of the documents are except from release, I would appreciate your advising me as to which exemption (s) you believe covers the material which you are not releasing, q A,-ll I( l r-
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- r Director, Offico of Administration January 27, 1982 Page Two I am prepared to pay reasonablo costs for locating the requested file and reprodqcing it.
As you know, the amended Act permits you to reduce or waive the fees if it "is in the public interest because furnishing the information can be considerati as primarily benefiting the pubite."
I believe that this request plainly fit.s that category and ask you to waive any fees.
If you have any questions regarding this
- request, pleaue telephone me at the above number.
As provided for in the amended Act, I will expect to receivo a reply within ten working days.
Very truly yours,
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David S. Pleischaker Counsel to the Joint Intervenors DSP:jm cc:
Diablo Canyon service List l
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EXPRESS MAIT.
January 27, 1982 Rick Parrish, Esq.
Office of General Counsel U.S. Nuclear Regulatory Commission 1717 !! Street, N.W.
Room H - 1035 Washington, D.C.
20555 Re In the Matter of Pacific Gas and Electric Company (Diablo Canyon Nuclear Power Plant, Units 1 & 2)
Docket Nos. 50-275 0.L.
50-323 0.L.
Dear Mr. Parrich Enclosed please find copies of the FOIA request we discussed today by telephone.
J Very truly yours, S U David S. Pleischaker Counsel to the Joint Intervenors DSP jm Enclonuro cc:
Service List Robert Engelken Director. Reninn V USNRC 01fice of the Administrator USNRC g1 Q.
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