ML20100L760
| ML20100L760 | |
| Person / Time | |
|---|---|
| Site: | Salem, Grand Gulf, Pilgrim, Susquehanna, Turkey Point, 05000000, Crane |
| Issue date: | 06/06/1984 |
| From: | Felton J NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Bell N NUCLEAR INFORMATION & RESOURCE SERVICE |
| Shared Package | |
| ML20100L763 | List: |
| References | |
| FOIA-84-148 NUDOCS 8412120072 | |
| Download: ML20100L760 (2) | |
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UNITED STATES
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JUN 6 1984 Ms. Nina Bell Nuclear Safety Analyst Nuclear Information and Resource Service 1346 Connecticut Avenue, NW 4th Floor IN RESPONSE REFER Washington, DC 20036 TO F0IA-84-148
Dear Ms. Bell:
This is a fifth partial response to your letter dated March 1, 1984, in which you requested, pursuant to the Freedom of Information Act, six categories of information pertaining to the application of the "Sholly Amendment" to the consideration of the Three Mile Island-l Steam Generator operating license amendment.
The documents listed on the enclosed appendix are being placed in the PDR. These documents will be filed in PDR folder 84-148 under your name.
In responding to another F0IA request relating to the "Sholly Amendment" the NRC addressed additional records subject to both requests. You may obtain copies of those documents from the PDR by referring to folder F0IA-84-166 - Adato.
The review of additional documents subject to your request has not been completed. As soon as the review is completed, we will advise you of our disclosure determination.
Sincerely,
/
M. Felton, irector Division of Rules and Records Office of Administration
Enclosures:
As stated kDj[gfj72840606 BELLB4-14s PDR
i F01A-84-148 l
APPENDIX l
i DOCUMENTS BEING PLACED IN THE PDR f
1.
9/10/82 Memo for G. H. Cunningham, III, from B. Paul Cotter, Jr.,
l re: TEMPORARY 0PERATING LICENSE AUTHORITY AND THE "SH0LLY AMENDMENT" (2 pages) 2.
1/19/83 Letter to The Honorable Richard L. Ottinger from Carlton Kannerer re: REACTOR LICENSING DELAYS OVER THE PAST SEVERAL YEARS (1 page) 3.
12/9/83 Note to C. W. Reamer et. al. from T. A. Rehm re: "SHOLLY" STATISTICS w/ attached Memo to W. J. Dircks from H. R. Denton dated 12/7/83 and enclosed "SH0LLY" HISTORY (3 pages) f 4
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March 1, 1984 FREEDOM OF INFORMAT 0t.
ACT REQUEST
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dminstration U.S. Nuclear Regulatory Commission g
Washington, D.C. 20555 7
FREEDOM OF INFORMATION ACT REQUEST To whom it may concern:
Pursuant to the Freedom of Information Act, 5 U.S.C. 522, as amended, the Nuclear Information and Resource Service requests the following documents regarding the application of the "Sholly Amendment" to the consideration of the Three Mile Island-1 Steam Generator operating license amendment.
Please consider " documents" to include reports, studies, test results, correspondence, memoranda, meeting notes, meeting minutes, working papers, graphs, charts, diagrams, notes and summaries of conversations and interviews, computer records, and any other forms of written communication, including internal NRC Staff memoranda.
The documents are specifically requested from, but not limited to, the following offices of the NRC: Office of the Executive Legal Director (OELD), Office of the General Counsel (OGC), and Office of Nuclear Reactor Regulation (NRR). In your response, please identify which documents correspond to which requests set out below.
Pursuant to this request, please provide all documents prepared or utilized by, in the possession of, or routed through the NRC related to:
- 1. The impact of the application of the "Sholly Amendment" no-significant-hazards-consideration determination on the TMI-1 Steam Generator operating license amendment to other operating license amendments currently under consideration by the Staff;
- 2. The impact of the application of the "Sholly Amendment" no-significant-hazards-consideration determination on the TMI-1 Steam Generator operating license amendment to other operatir.g license amendments which have received no significant hazards consideration determinations by the NRC Staff;
. 3. The implications of the application of the "Sholly Amendment" no-significant-hazards-consideration determination on the TMI-1 Steam Generator operating license amendment to any or all operating license amendments; 4
Analyses of the "Sholly Amendment" and interpretations of its application to operating license amendments;
- 5. Instructions to the staff for making "Sholly Amendment" proposed and final no-significant-hazards-consideration determinations; and
- 6. Any other documents which could be construed to be directives, analyses or interpretations of NRC's current
" working law" with respect to "Sholly Amendment" no-significant-hazards-consideration determinations.
The documents requested must be made available under the Freedom of Information Act and are not exempt under Exemption 5.
The Supreme Court recognized a distinction between pre-decisional documents, which are exempted, and post-decisional documents which are not exempted.
NLRB v.
Sears. Roebuck & Co., 421 U.S. at 151-53.
The Court noted that it would be reluctant to consider " statements of policy and interpretations which have been adopted by the agency" and " instructions to staff that affect a member of the public" to be exempt under Exemption 5.
Sears, supra.
This is consistent with numerous court interpretations that the FOIA's Exemption 5 does not exist to protect an agency's
" secret law."
The statements made by the Office of General Counsel at recent Commission meetings demonstrate clearly that the counsel to the Commissioners believes that such a l
secret law is in effect.
This law is currently governing decisions made by the staff of the agency in interpretation of the Sholly amendment and its implementing regulations.
Moreover, it has the effect of affecting many members of the public, namely those who may be deprived of representation of their interests in a orior hearing on an operating license amendment.
When such a hearing is being denied in favor of merely a right to a post hearing, it is not on the basis of existing law as written, but on the " secret" or
" working" law interpretation presently being utilized by the NRC Staff.
In our opinion, it is appropriate in this case for you to waive copying and search charges, pursuant to 5 U.S.C.
552(a)(4)(A) "because furnishing the information can be considered as primarily benefiting the general public."
The Nuclear Information and Resource Service is a non-profit organization serving local organizations concerned about
_3 nuclear power and providing information to the general
- public, Sincerely, NwnE L-Nina Bell Nuclear Safety Analyst ec: File
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