ML20087B090

Appeals Denial of FOIA Request for Draft IE Insp Repts 50-424/83-13 & 50-425/83-13

ML20087B090
Person / Time
Site:	Vogtle
Issue date:	11/14/1983
From:	Bomby A, Domby A TROUTMANSANDERS (FORMERLY TROUTMAN, SANDERS, LOCKERMA
To:	NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
References
FOIA-83-510, FOIA-83-A-34 NUDOCS 8403080370
Download: ML20087B090 (2)

Text

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,. 7 TROUTMAN, SANDERS, LOCKERMAN & ASHMORE ATTORNEYS AT LAW '

C a te D L E R BUILDING ATLANTA. GEORGIA 30303 404 a58-SOOO camor:matsuno **'Yt*4 o*etet om ususta AGTHUR H. DOM BY ess-a243 November 14,1983 CERTIFIED MAIL -

RETURN RECEIPT REQUESTED APPEAL OF INITIAL F01A DECISION 83 - A-34 E ( 83-soo)

Executive Director of Operations

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U. S. Nuclear Regulatory Commission Washington, D.C. 20555 Re: Appeal from Initial Freedom of Information Act Partial Decision (FOIA-83-510)

Dear Sir:

By letter dated August 23, 1983, I: requested that the Nuclear Regulatory Commission provide me with copies of speci-fic records indentified in such letter (the " Request"). As of October 10, 1983, the commission had not responded to my Request or contacted me concerning my Request. Therefore, consistent with the Commission's regulations, I treated the Commission's failure to respond in a timely manner as a denial of the Request, and appealed the denial. The Commission received my appeal on October 12, 1983.

By letter dated October 19, 1983, Director .T. M. Felton of the Commission forwarded a " partial response" to my Request.

The response, derignated FOIA-83-510, consists of Inspection Report 50-424/8'>-17, 50-425/83-17. The partial response also idintified Inspection Report 50-424/83-13, 50-425/83-13 as being subject to my Request, but in draft form.

I hereby reaffirm my October 10, 1983 Appeal with respect to all' documents not identified in the October 19, 1983 response of the Commission and appeal the October 19, 1983 partici response.

The Commission failed to provTde me with all records relied upon in formulating Inspection Report 50-424/83-17, 50-425/83-17 and all records upon which Inspection Report 50-424/83-13, 50-425/83-13 may eventually be based. Consequently, the partial response with

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Executive Director of Operations November 14,1983 Page Two respect to the two Inspection Reports was incomplete and con-trary to the mandates of the Freedom of Information Act.

Statemeints of witnesses, affidavits, interview notes, and investigatory reports upon which the two Inspection Reports may rely were subject to my Request and have not been produced.

Further, factual portions of records otherwise exempt from pro-duction which are easily severable from the exempt records have not been produced. ,

Please feel free to contcct me concerning this Appeal.

I await your timely response.

Very truly yours, Y

Arthur H. Domby AHD:njf cc: Mr. J. M. Felton Director, Division of Rules & Records

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