ML20078K879

Appeals Denial of FOIA Request for Documents Re Caseload Forecast Panel 830419 Meeting on Plant Const.Denial Effectively Denied Bulk of Documents Requested

ML20078K879
Person / Time
Site:	Midland
Issue date:	08/10/1983
From:	Garde B GOVERNMENT ACCOUNTABILITY PROJECT
To:	Dircks W NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
References
FOIA-83-397, FOIA-83-A-20E NUDOCS 8310190300
Download: ML20078K879 (2)

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GOVERNMENT ACCOUNTADIUTY PROJECT Institute for Pohcy Studies 1901 Que Street. N.W., Woshington. D.C. 20009 (202)234 9382 August 10, 1983 Mr. William Dircks APPEAL OF INITIAL FOIA DECISION Executive Director for Operations g_ A-c2O 6 ( g Jg j)

U.S. Nuclear Regulatory Ccmnission Washington, D.C. 20555 G pg Q f .- / *2. - F j 1

Dear Mr. Dircks:

l l

'Ihis is an appeal pursuant to subsection (a)(6) of the Freedm of Infomation Act (FOIA) as mended by 5 U.S.C. 5552. By letter dated July 11, 1983 (attached and incorporated as Exhibit #1), the Goverment Accountability Project requested documents (outlined below) now designated as FOIA 83-397 Specifically, those doceents were any and all other records relevant to and/or generated in connection with the Case load Forecast Panel Meeting held April 19,1983 regardire the construction of the Midland Nuclear Power Plant.

This included all itens above regarding preparation for the meeting, the meeting itself, trd items made subsequent to the meeting. GAP requested all documents between the Office of Nuclear Reactor Regulations (NRR) the Office of Inspection and Enforcement (IE) and the Region III Office of Inspection ard Enforoment (RIII),

and Consmers Power Ccmpany regarding the Case load Forecast Panel Meeting. This should include the drafts and any final -- but unreleased -- NRC analysis of the Consumers proposals, as well as any notes, letters, telephone logs, etc. generated by Consumers Power contacts with the NBC.

We defined the request to include copies of any and all agency records and information, including but not limited to notes, letters, memoranda, drafts, minutes, diaries, logs, calendars, tapes, transcripts, sumaries, interview reports, procedures, instructions, engineering analyses, drawings, files, graphs, charts, maps, photographs, agrements, hanckritten notes, studies, data sheets, notebooks, books, telephone messages, ccmputations, voice recordings, ard other data ccmpilations, interim ard/or final reports ard status reports relevant to the Case Ioad Forecast Panel meeting and subsequent discussions.

In an August 9,1983 letter Mr. J. M. Felton, Director of the Division of Rules and Records of the Office of Administration released to Billie Garde of the Goverment Accountability Project 71 documents in their entirety, but denied one document pursuant to exemption (5) of the Freedcm of Information Act (5 U.S.C. 5552(b) (5)) and 10 C.F.R. 9.5(a) (5) of the Coninission's regulations, as well as 10 C.F.R. 9.9 of the Ccminissions regulations. (Exhibit #2)

We are appealing the effective denial of the bulk of the documents which were neither identified nor produced in response to our request, as well as the denial of a DRAPT MEMO prepared by the Regional Staff specifically responsive to our request. The documents identified in Mr. Felton's response do not reflect a ocmplete list of documents or a conplete search of agency records. Identification of a ocmplete list of all relevant documents is required under the VAUGHN case with specific requirements for identification of what material is being withheld and under what exenptions.

8310190300 830810 PDR FOIA OARDR83-A-20E PDR D. .

Mr. William Dircks August 10 , 1983 Page two.

The denial of document three, " DRAFT Letter to J.W. Cook from Thomas Novack re: CASELOAD FORECAST PANEL ESTIMATE OF CONSTRUCTION COMPLETION SCHEDULE." appears to be an arbitrary and capricious use of Exemption 5 of the FOIA and appropriate exemptions under 10 CFR. Rather the document contains information already known to the utility, and information which was prepare d by NRC staff with the full knowledge that such information would be publicly released. Essentially the public has been kept in the dark about facts and information available to the NRC in their role as defenders of the public trust, and in this case public haelth and safety issues. Further, the information sought by our FOI A request clearly is information which is of interest to the ratepayers and taxpayers of Central Michigan who must cohtinually make cost and benefit analysis about the Midland Nuclear Power Plant.

The Commission has failed on numerous occasions since the April 19-21, 1983 meeting in Midland to inform the Atomic Safety and Licensing Board, the Commissioners, and even the Congress at the June 16, 1983 Congressional hearing about the Midland Plant. On numerous occasions the question of completion date and the NRC estimates have been raised by the Board, the public, the press, our organization, the intervenors, and the Michigan Public Service Commission. The failure of the agency to disclose some draft comments, but not all draft comments negates the legitimacy of the arguments as presented in the August 9,1983 denial letter.

This appeal requests that the Executive Director for Operations (1) Identify all documents relevant to this request, and (2) release those documents which are responsive to this request, and (3) cite a specific exemption for all documents witheld.

Your reply is expected within 20 working days. You may contact me at the above address and phone number. Thank you.

Sincerely, L

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BILLIE PIRNER GARDC CITIZENS CLINIC DIRECTOR CC: MR. HAROLD DENTON MR. DARYL EISENHUT MR. J.M. FELTON MR. T. REHM MR. T. NOVACK

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