ML20083N112

Appeals Denial of FOIA Request for Records Re WR Mcafee Allegations for Period Mar 1977 - Mar 1979,open Conference Held by NRC at Site in Nov 1979 & Staff Discussions of Util Topical QA Manual

ML20083N112
Person / Time
Site:	Catawba
Issue date:	02/08/1984
From:	Garde B GOVERNMENT ACCOUNTABILITY PROJECT
To:	Dircks W NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
References
FOIA-83-699, FOIA-84-A-24, FOIA-84-A-24E NUDOCS 8404190066
Download: ML20083N112 (1)

Text

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I GOVERNMENT ACCOUNTABILITY PROJECT l Institute for Policy Studies 1901 Que Street. N.W.. Washington. D.C. 2000g (202)234 9382

, February 8,1984 l

' APPEAL OE INITIAL FOIA DECISION Mr. William J. Dircks N M E(E3-$9T)

Executive Director of Operations 55 "

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Wa hing n DT" d 3 g 9 - A-24 E (,9 4 -y gj Re: Appeal from Initial Response h Q 1 l3.)

Dear Mr. Dircks:

Pursuant to the Freedom of Information Act Request, 5 U.S.C. 5552(a)(6)(A)(i), we appeal the effective denial of the Nuclear Regulatory Commission (NRC) of the following requests filed by our organization pursuant to the Freedom of Information Act (FOIA) about activities at the Catawba Nuclear Station:

1. F0I A 83- $91, November 21, 1983, for all Agency records into (1) the allegations raised by William R. McAfee in connection with Catawba for the period of March,1977-March,1979; (2) the open conference held by the NRC at the Catawba site in November,1979; (3) all NRC staff discussions of Duke Power Company's Topical Quality Assurance Manual. ,

2. F0IA 83-100 , November 21, 1983, for all information generated with allegations raised by Nolan R. Hoopingarner.

3. F01A % 9 F , January 18, 1984, for all Agency records generated in connection with Region II and/or the 01 inspection / investigation of the issues raised by Mr. Harry Langley, and the three in camera witnesses who testified in the Catawba licensing proceediiig's.

Weexpectyourresponsewithin20workingdaysofreceipt,5552(a)(6)(A)(ii).

Please comply with our initial requests regarding the production of a Vauchn index, and explanations of any relevant documents that have been destroyec.

Thank you for your immediate handling of this appeal.

Yours trul b -

Billie Pirner Garde Citizens Clinic Director BPG:me 8404190066 840200 PDR FOIA GARDE 84-A-24E PDR

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GOVERNMENT ACCOUNTADILITY PPOJECT Institute for Pohty Studies 1901 Ove Street NW Washington D C 20000 (202)236 0382 November j(1, 1983 FREEDOM OF INFORMATK)N Director

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Of fice of Adminis tration r U.S. Nuclear Regulatory Commission Washington, D.C. 20555 A g gg.pJ To Whom It May Concern:

Pursuant to the Freedom of Information Act (FOIA), 5 U.S.C. 552, the Government Accountability Project (GAP) of the Institute for Policy Studies, requests copies of any and all agency records and information, including but not limited to notes, letters, memoranda, drafts, minutes, diaries, logs, calendars, tapes, transcripts, summaries, interview reports, procedures, instructions, engineering analyses, drawings, files, graphs, charts, maps, photographs, agree-ments, handwritten notes, studies, data sheets, notebooks, books, telephone messages, computations, voice recordings, any other data compilations, interim and/or final reports, status reports, and any and all other records relevant to and/or generated in connection with and/or as a result of :

- allegations raised by William Ronald McAfee in connection with the Catawba Nuclear Power Station for the period of approximately March 1977 through March 19 79;

- the open conference held by the NRC at the Catawba site in November 1979;

- NRC Staf f discussions of Duke Power Company's Topical Quality Assurance Manual, as well as any and all records relevant to and/or generated in connection with this FOIA request.

This request includes all agency records, as defined in 10 C.F.R.

9. 3a (b) and the NRC Manual, Appendix 0211, Parts 1.A.2 and A.3 (approved October C, 1980) whether they currently exist in NRC of ficial " working" investigative or other files, or at any other location, including private residences.

If any records as defined in 10 C.F.R. 9.3a(b) and the NRC Manual, supra, and covered by this request have been destroyed and/or removed, or are destroyed and removed af ter receipt of this request, please provide all surrounding records, including but not limited to a list of all records which have been or are destroyed and/or removed, a description of the action (s) taken, relevant date(s), individual, of fice and/or agency-wide policies and/or justifications for the action (s), identification of all personnel involved with the actions and any and all records relevant to, generated in connection with, e //4 smA l cD /

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l Director of Administration November 21, 1983 U.S. Nuclear Regulatory Commission and/or issued in order to implement the action (s) .

GAP requests that fees be waived because " finding the information can be considered as primarily benefitting the general public."

5 U.S.C. 552 (a) (4) ( A) . The G overnment Accountability Project is a non-profit, non-partisan public interest organization concerned with honest and open government. Through legal representation, advice, national conferences, films, publications and public out-reach, the Project promotes whistleblowers as agents of government accountability. Through its Citizens Clinic, GAP of fers assistance to local public interest and citizens groups seeking to ensure the health and safety of their communities. The Citizens Clinic is currently assisting several citizens groups and intervenors in the South Carolina area concerning the construction of the Catawba plant.

We are requesting the above information as a part of an ongoing monitoring project on the adequacy of the NRC's efforts to protect public safety ?nd nealth at nuclear power plants.

l For any documents or port.ons thereof that you deny due to specific FOIA exemption, please provide an index itendzing and describing the documents or portions of documents withheld. The index should provide a detailed justification of your grounds for claiming each exemption, explaining why each exemption is relevant to the document or portion of document withheld. This index is required under Vaughn v. Rosen (1) 484 F.2d 820 (D.C.Cir. 1973) cert. denied, 415 U.S. 977 (1974).

We look forward to your response to this request within ten days.

Yours truly,

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Erj Ansbil Staff As'sociate m Q US$,.v b. > .h c I Billie Pirner Garde EA/mf Director, Citizens Clinic