ML20063D606

Appeals Denial of FOIA Request for Four Affidavits Re Allegations of Improper Const Practices at Facility

ML20063D606
Person / Time
Site:	LaSalle
Issue date:	07/21/1982
From:	Steptoe P ISHAM, LINCOLN & BEALE
To:	NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
References
FOIA-82-248, FOIA-82-A-15, FOIA-82-A-15E NUDOCS 8207110020
Download: ML20063D606 (2)

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. ISHAM, LINCOLN & BEALE COUNSELORS AT LAW THREE flRST NATIONAL PLAZA CHICAGO. lLUNOIs an602 TELEPHONE 312 558-7500 EDWARDS ISHAM, 1872-1902 WASHINGTON OFFICE ROBERTT UNCOLN, 1872 1889 TELEX 2 5288 1120 CONNE CTICUT AVINUE, N ,W Wtt LIAM G. BE ALE, 1885 1923 SUITE 840 WAS D C. 20036 APPEAL OEINITIAL FOIA DECISION gg-6 /fB Qo-QsP)

Executive Director for Operations T U.S. Nuclear Regulatory Commission K R y 7 V 6 - # 2.

Washington D.C. 20555 Re: Appeal From An Initial FOIA Decision FOIA 248

Dear Sir:

On May 12, 1982 on behalf of Commonwealth Edison Company, I requested, pursuant to the Freedom of Information Act, four affidavits which referred to allegations of improper construction practices at Commonwealth Edison's LaSalle Plant. These affidavits had been referred to in a petition filed by the Illinois Attorney General pursuant to 10 CFR S2.206, seeking to delay startup of the LaSalle Plant.

In my letter I specifically suggested that the NRC could make whatever deletions necessary to protect the confidentiality of its informants.

On June 23, 1982, Mr. Felton, Director of the NRC's Division of Rules & Records, Office of Administration wrote me denying my request. The stated grounds were that disclosure would interfere with an ongoing enforcement action.

This is an appeal from that initial FOIA decision.

There are two bases for this appeal. First, I am informed that NRC has completed its investigation of alleged improper construction activities at LaSalle. Therefore, there is no longer any question of interference with an ongoing investi-gation.

Second, I was surprised to receive recently a letter dated July 12, 1982 from Mr. Felton to Mr. Abel of Commonwealth Edison, informing him that on May 11, 1982, the NRC had provided to Jan Kodner (an attorney associated with an anti-nuclear citizens group in Illinois) extensive documentation relating to the same allegations which were 8207110020

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. t Executive Director for Operations July 21, 1982 Page 2 the subject of my request six days later, on May 17. (See attached correspondence relating to FOIA-82-168). I do not ,

understand how the NRC can apparently " play favorites" in responding to FOIA requests on the same issues. While I recognize, of course, th 4t Commonwealth Edison was the subject of the NRC's investigation at that time, it is difficult to understand why information sensitive enough to interfere with an ongoing investiga_ tion could be given to the general public.

How could the NRC be sure that Mr. Kodner's use of such in-formation would not interfere with the investigation? For example, he could have transmitted it to Edison, either directly or by publishing it in the paper.

In view of the above, I request the following relief:

(1) I would like to receive the four affidavits originally requested on May 17, 1982.

. (2) I hereby broaden my FOIA request to include FREEDOM OF INFORMATION all documents relating to the NRC's 1982 ACI REQUEST investigation of allegations of improper construction practices at LaSalle Plant,

• -82-*3 including, but not limited to, those allegations submitted to the NRC by the g i .,.g ,,p[ Government Accountability Project of the Institute For Policy Studies, the Illinois Attorney General's Office, and Illinois Friends of the Earth (Mrs. Bridget Little Rorem). Documents already identified in response to Mr. Kodner's FOIA-82-168 request need not be provided.

(3) Because this situation seems capable of repeating itself (infact, GAP has filed allegations with respect to another utility client of mine), I would like a clear explanation of why the NRC responded favorably to Mr. Kodner's FOIA request and unfavorably to mine.

Sin rely,

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./ k PPS:es Philip P. tept e '

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cc James Keppler, Region III J. M. Felton, U.S. N.R.C.