ML20054K365
| ML20054K365 | |
| Person / Time | |
|---|---|
| Issue date: | 06/16/1982 |
| From: | Dircks W NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | Tyrus Wheeler PETTIT & MARTIN |
| References | |
| FOIA-82-20, FOIA-82-A-5 NUDOCS 8207010479 | |
| Download: ML20054K365 (1) | |
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JUN 161982 Thomas C. Wheeler, Esquire Pettit & Martin IN RESPONSE REFER 1800 Massachusetts Avenue, N.W.
TO F01A-82-A-5 Washington, DC 20036 (F01A-82-20)
Dear Mr. Wheeler:
This is in response to your letter to me dated May 14, 1982, appealing Mr. J. M. Felton's letter of April 27,1982,. which denied-in-part your Freedom of Information Act (F0IA) request for speciric types of documents concerning Atlas Machine & Iron Works, Inc.
You specifically appealed the denial of approximately 20 pages of information contained in " Investigation Case File 2F038."
Your other letter dated May 14, 1982, addressed to Mr. Samuel J. Chilk will be responded to separately.
Acting on your appeal, I have carefully reviewed the record in this case relevant to the withheld information.
I have determined that the documents remain exempt from compelled disclosure pursuant to exemption (7)(A) of the Freedom of Information Act (5 U.S.C. 552(b)(7)(A)) and 10 CFR 9.5(a)(7)(i) of the Commission's regulations.
Your appeal is, therefore, denied.
The information at issue here consists of handwritten and typed letters, memoranda, notes and records of conversations.
Mr. Felton stated in his April 27,1982 letter that disclosure of the information would interfere with an ongoing enforcement proceeding.
I have reviewed the documents and found that they specifically relate to an ongoing investigation of Atlas Machine & Iron Works, Inc.
In light of this fact, I must deny the release of this information because of the interference with that investigation that would result from the information's disclosure.
Note that we are not claiming exemption (5) for any documents in the file at dre-C...
This is a final agency action.
As set forth in the Freedom of Information Act (5 U.S.C. 552(a)(4)(B)), judicial review of this decision is available in a district court in the United States in either the district in which 1
you reside, have your principal place of business, or in the District of Columbia.
Sincerely, f'
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. Dircks Executive Director for Operations 8207010479 820616 PDR FOIA WHEELER 82-A-5 PDR
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(202) 785 5153 LONooN omcE THOMAS C. WHEELER 44 REEVE s MEWS LONDON.*1.ENG W D January 19, 1982
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- CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Daniel J.
Donoghue Director Office of Administration U.S. Nuclear Regulatory Commission Washington, D.C.
20555 e.
Re:
Freedom of Information Act Request
Dear,
Mr. Donoghue:
Pursuant to the Freedom of Information Act, 5 U.S.C.
ulations, 10 C.F.R.S 552, and your agency's implementing reg-S 9.3 et seg. (1981), I hereby request copies of each of the following documents regarding Atlas Machine & Iron Works, Inc., Gaines-ville, Virginia (hereinafter referred to as "the
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Company") :
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1.
All written reports submitted to the NRC by the Tennessee Valley Authority under 10 C.F.R. S 50.55 (e) or 10 C.F.R. Part 21 regarding alleged deficiencies in the Company's performance on nuclear construc-tion projects located at Hartsville or Phipps Bend, Tennessee.
2.
All documents submitted to the NRC by the Tennessee Valley Authority regarding the Company's quality assurance program or procedures.
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3.
All other documents of any kind submitted to the NRC by the Tennessee Valley Author-
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ity evaluating or commenting upon the Company's performance on nuclear construc-tion projects located at Hartsville or Phipps Bend, Tennessee.
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PETTIT & M ARTIN I
Mr. Daniel J.
Donoghue January 19, 1982 Page two 4.
All documents prepared by any employee of the NRC in response to, relating to, or commenting upon any document referenced in Categories 1, 2, or 3 above.
5.
All documents or lists maintained by the NRC regarding the Company's eligibility to participate on nuclear construction projects, or the Company's acceptability as a supplier of fabricated steel struc-tures for nuclear construction projects.
In accordance with 10 C.F.R. S 9.14, I agree i,,
to pay the applicable fees for the processing of this request.
If you have any questions, please call me at 785-5153.
Your attention to this request is appreciated.
Sincerely, n
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. 2. n L l t h n.: v, Thomas C. Wheeler TCW:sv I
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NUCLEAR REGULATORY COMMISSION I
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April 27, 1982 Thomas C. Wheeler, Esquire Pettit & Martin 1800 Massachusetts Avenue, N.W.
Washington, DC 20036 IN RESPONSE REFER TO F01A-82-20
Dear Mr. Wheeler:
This is in further reply to your letter dated January 19, 1982, in which you requested, pursuant to the Freedom of Information Act, copies of five categories of documents concerning the Atlas Machine & Iron Works, Inc., Gainesville, Virginia.
4 The following responds to each category of your request:
1.
gRe orts submitted to NRC by TVA under 10 CFR Part 21 or 950.55(e)
Appendix A contains a list of applicable documents which are already in the NRC Public Document Room (PDR) or which are being placed in the PDR.
Note that although the five inspection reports concern Atlas, they do not specifically refer to Part 21 or f50.55(e).
2.
Documents submitted to NRC by TVA regarding Atlas' quality assurance program or procedures There are approximately 1,300 pages of exhibits in the TVA
- v. Atlas Machine and Iron Works, Inc. litigation which have been provided to NRC.
Atlas already has copies of these documents, and additional copies are not being provided here.
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3.
All other documents submitted to NRC by TVA Appendix B lists 27 construction details drawings prepared by C. F. Braun and Company for GE/TVA.
It is our understanding that Atlas should have copies of all of these drawings.
In addition, the following document is enclosed:
C. F. Braun and Co/ General Electric /TVA Contract Specification 300-44 dated 2/25/77 with Field Change Requests 625 and 433 j
1 1
e Thomas C. Wheeler, Esquire.
We are consulting with TVA on one other document, and will advise you subsequently of our. determination.
4.
All documents prepared by NRC The documents listed on Appendix C are enclosed.
The NRC is withholding from public disclosure the remainder of its investigative file, not otherwise identified above, entitled Investigative Case File 2F038 -
Subject:
Atlas Machine and Iron Works.
This file consists of approximately 20 pages of memoranda, notes, and records of conversations.
the two documents listed on Appendix 0.In addition, we are withholding This information is being withheld from public disclosure pursuant to Exemptions (5) and (7)(A) of the Freedom of Information Act (5 U.S.C.
552(b)(5) and (7 (A)) and 10 CFR 9.5(a)(5) and (7)(i) of the Commission's regu)lations, because disclosure of the info would interfere with an ongoing enforcement proceeding or because the information consists of predecisional advice, opinions, and recommendations.
5.
Eligibility lists to participate on nuclear construction projects The NRC does not maintain vendor eligibility lists to participate on nuclear construction projects.
Pursuant to 10 CFR 9.9 and 9.15 of the Commission'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 persons responsible for the denial of this case file are the undersigned and Mr. James P. O'Reilly, Regional Administrator, Region II.
The person responsible for the denial of the documents listed on Appendix 0 is Mr. James J. Cumings, Director, Office of Inspector and Auditor.
The denial by Mr. O'Reilly and myself may be appealed to the Commission's Executive Director for Operations within 30 days from the receipt of this letter.
As provided in 10 CFR 9.11, any such appeal must be in writing, addressed to the Executive Director for Operations, 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."
The denial by Mr. Cumings may be appealed to the Commission and should be addressed to the Secretary of the Comission.
Si,er 1,
J. M.
e to, Director Division of Rules and Records Office of Administration
Enclosures:
As stated