ML20081B695

Appeals Partial Denial of FOIA Request for Four Categories of Info Re Caseload Forecast Panel 830330-31 Meeting & Site Visit

ML20081B695
Person / Time
Site:	River Bend
Issue date:	09/01/1983
From:	Falkenheiner D FALKENHEINER, D., LOUISIANA CONSUMER'S LEAGUE, INC.
To:	NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
References
FOIA-83-381, FOIA-83-A-21, FOIA-83-A-21E NUDOCS 8310280183
Download: ML20081B695 (2)

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DORIS ALKENHEINE ATTORNEY AT LAW 355 NAPOLEON STREET BATON ROUGE, LA 70802

-- 504-346-8761 September 1,1983 APPEAL OF INITLAL FOIA DECISIOR f3- A c2)E(9'idal)

Executive Director for Operations 'g U.S. Nuclear Regulatory Commission Washington, D.C. 20555 h k-RE: Appeal From An Initial F0IA

. Decision; Docket Nos. 50-458 and 50-459, RIVER BEND, Units 1 & 2, Gulf States Utilities Company, et al F0IA-83-381

Dear Sir:

This is an appeal under 5 USC 552(a)(6), on behalf of the Louisiana Consumer's League, Inc. , of the August 2,1983 response by Mr. J.M.

Fulton, Director, Division of Rules and Records, Office of Administra-tion, U.S. Nuclear Regulatory Commission. Mr. Felton's response was received,on August 5,1983. A copy is attached as Exhibit LCL-1.

Mr. Felton has refused to provide copies of:

1. Undated Draft Memo by E.J. Weinkam re: Gulf States Utilities Company - River Bend Station Unit 1 - Summary of March 30-31, 1983 Caseload Forecast Panel Meeting and Site Visit (3 pages)

2. Undated Draft re: Gulf States Utilities Company - River Bend Station, Unit 1 - Summary of March 30-31, 1983 Meeting and Site Visit To Assess Construc-tion Progress and Schedule (2 pages)

3. Undated Draft Memo by E.J. Weinkam re: Gulf States Utilities Company - River Bend Station Unit 1 - Summary of March 30-31, 1983 Caseload Forecast Panel (CFP) Meeting and Site Visit (3 pages)

First, the withheld documents contain reports of data provi::ed by Gulf States Utilities Company, Inc., its contractors, and sub-contractors, which had representatives at the March 30-31, 1983 CFP meeting and site visit. Other third persons had the right to be present, and may have been. NRC staff apparently have made their thoughts known to representa-tives of Gulf States Utilities Co., Inc. Therefore, any exemption to F0IA has been waived by the NRC.

8310280183 830901 PDR FOIA FALKE83-A-21E PDR

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EX. DIRECTOR OF OPERATIONS SEPTEMBER 1,1983 l J

Secondly, the executive privilege exemption claimed by Mr. Felton is not applicable because the withheld documents are not, and were not claimed to be advice, recommendations, and opinions which are part  ;

of the decision-making processes of government. NLRB v. Sears, Roebuck I

and Company, 421 U.S. at 150-154; EPA v. Mink, 410 U.S. at 85-91.

There is no exemption such as claimed by Mr. Felton in federal law or the NRC regulations. It appears that the withheld documents provided at least one support upon which the March 30-31, 1983 memorandum rests.

This information would be discoverable or available by law to the {

Louisiana Consumer's League, Inc. in litigation with the NRC in a j court of law as they explain the memorandum.

Lastly, the policy enumerated by Mr. Felton in his August 2,1983 response is subservient to the Congressional policy contained in FOIA that all records of agencies of the federal government must be accessible  !

to the public unless specifically exempted. Disclosure, not secrecy, is '

the dominant objective of the Act. Department of the Air Force v. Rose, 425 U.S. 352 (1976).

t If you have any questions or requests for clarification, please feel free l to give me a call.

Sincerely, P. 1 Y&

Doris Falkenheiner Attorney at Law t DF/ rem CERTIFIED MAIL NO. 299827 RETUFN RECEIPT REQUESTED ,