ML20054K367

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Responds to FOIA Request for Documents Re Suspected Act of Vandalism at Facility & Firing of QC Inspector & Secy 82-16,82-16A & 82-16B.Forwards Documents Listed in App A.App B Documents Withheld (FOIA Exemption 5)
ML20054K367
Person / Time
Site: Perry, 05000000, Crane
Issue date: 06/18/1982
From: Felton J
NRC OFFICE OF ADMINISTRATION (ADM)
To: Hiatt S
OHIO CITIZENS FOR RESPONSIBLE ENERGY
Shared Package
ML20054K368 List:
References
FOIA-82-228 NUDOCS 8207010484
Download: ML20054K367 (4)


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W ASW NG TON, D. C. 20555 June 18, 1982 Ms. Susan L. Hiatt OCRE Representative 8275 Munson Road IN RESPONSE REFER Mentor, OH 44060 TO F01A-82-228

Dear Ms. Hiatt:

This is in response to your letter dated May 12, 1982, in which you requested, pursuant to the Freedom of Information Act, documents relating to (1) a suspected act of vandalism of Unit 1 of the Perry Nuclear Power Plant, (2) the firing of a quality control electrical inspector, and (3) copies o' staff papers 82-16,82-16A and 82-168.

Documents 1 and 2 listed on Appendix A are relevant to item 1 of your request. Document 3 on Appendix A is the only record in our files relating to item 2 of your request. These documents are enclosed.

Appendix B is a list of documents that are part of the continuing flow of advice, opinions, and recomendations provided to the Comissioners by the General Counsel regarding a matter subject to litigation and ongoing deliberation within the Comission.

These documents are exempt I

from mandatory public disclosure pursuant to the deliberative process l

and attorney work-product privileges of exemption (5) of the Freedom of l

Information Act (5 U.S.C. 552(b)(5)) and Commission's regulations,10 l

CFR 9.5(a)(5).

Release of these documents would inhibit and interfere with the provision of candid legal advice to the Comission.

Any segregable material contained in these documents is also contained in the NRC's Brief submitted to the court in the underlying litigation.

i With the exception of this Brief, a copy of which you are hereby provided, these documents are being withheld in their entirety, f

l Pursuant to 10 CFR 9.15 of the Comission'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 this denial is Mr. Leonard Bickwit, Jr., General Counsel.

8207010484 820618 PDR FOIA l

HIATT82-228 PDR 1

Ms. Susan L. Hiatt This denial may be a,npealed 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."

This completes NRC's action on your request.

Sinprely,

[

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. M. Felton, Director ivision of Rules & Records Office of Administration

Enclosures:

As stated

Re:

F01A-82-228 O

Appendix A 1.

Memo for Region III Files, Perry Nuclear Power Plant, Unit 1, Docket No. 50-440, from C. H. Will, " Vandalism - Filings in Scram Discharge Volume Pipe," January 26, 1982, w/ attachments.

2.

PN0 - III 109, " Suspected Act of Vandalism," December 9, 1981.

3.

PN0 - III 22, " Quality Control Electrical Inspector Fired,"

April 1,1982.

4.

Pane v. NRC Brief, July 1981.

l

Re: F01A-82-228 J

q Appendix B l.

SECY-82-16:

D.C. Circuit Court Decision on Psychological Impacts of TMI-l Restart. Memorandum for Leonard Bickwit, Jr. to the Commissioners, dated January 15, 1982, advising the Commission of the January 7 decision of the D.C. Circuit Court of Appeals in the P. A.N.E v. NRC lawsuit and discussing preliminary implications of that decision for the Commission.

2.

SECY-82-16A: TMI-l Psychological Impacts Decision -- Litigation Strategy.

Memorandum from Bickwit to the Commissioners, dated February 1,1982, proposing litigation strategy for Commission approval.

3.

SECY-82-16B:

Psychological Health Under the Atomic Energy Act --

Draft Order.

Memorandum from Bickwit to the Commissioners, dated March 1,1982, proposing a draft order in response to opinions i

stated by the Comissioners.

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