ML20108D501
| ML20108D501 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 02/17/1984 |
| From: | Reynolds J CENTER FOR LAW IN THE PUBLIC INTEREST, JOINT INTERVENORS - DIABLO CANYON |
| To: | NRC OFFICE OF THE SECRETARY (SECY) |
| References | |
| FOIA-84-73, FOIA-84-A-31 NUDOCS 8412130259 | |
| Download: ML20108D501 (1) | |
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CENTER FOR LAW IN THE Pusuc INTEREST i
W ASHINGTON. O C. OFriCE LEGAL STAFF 10958 WEST PICO BOULEVARD N ANCY C. CRISM AN*
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T E L E PMON E: tes33 470-300 0 TELEpMONE: 1303 3 7 -019 e JOEL R. RE vh0LOS M ARsLvN O. TES Ava0 N CMO AS C. YOST CF COUNSEL ROOERT SERRE GEOFFREY CO*AN ADMINISTRATIVE OFFICER MARSMA M. mwALwASSER viSiTNo rELLOws February 17, 1984 law AENCE A. GOLDBE RG 8*.n'~ f: %^","D,"-S ETMAN P. SCMut uaN APPEAL OF INITIAL FOIA DECISION Freedom of Information Act Appeal f"$*.8/Edfp-7J Secretary to the Commission U.S. Nuclear Regulatory Commission G4A #d d -d /-U/
Washington, D.C.
20555
Dear Sir:
This is an appeal pursuant to subsection (a) (6) of the Freedom of Information Act, as amended ("FOIA") (5 U.S.C. S552).
On January 20, 1984, I wrote on behalf of the Joint Intervenors in the Diablo Canyon Nuclear Power Plant licensing proceeding to request all documents relating to the 1977 Nuclear Services Corporation audit of Pullman Power Products.
(A copy of that FOIA request letter is attached.)
I have received no l
response to that request.
As you know, the Act requires a reply within ten working days of the request.
Because no reply has been received, I am treating the NRC's failure to respond as a denial of my request.
This letter is a formal appeal of that denial.
As the amended Act provides, I will expect a reply within twenty working days.
Very truly yours, oel R. Reynolds Counsel to the Joint Intervenors JRR:cc Enclosure 8412130259 840217 PDR FOIA REYNOL84-A-31 PDFi BOARD OF TRUSTEES S
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Director, Office of Administration U.S. Nuclear Regulatory Commission Washington, D.C.
20055 Re:
Freedom of Information Act Request
Dear Sir:
This is a request under the Freedom of Information as amended, 5 U.S.C. S 552.
On behalf of the Joint
- Act, Intervenors in the Diablo Canyon Nuclear Power Plant licensing proceeding (In the Matter of Pacific Gas and Electric Company, Nos. 50-275, 323), I am writing to request a copy of all records (10 C.F.R. 9.3a (b) ) which discuss, relate to, arise out of, or address in any way the 1977 Nuclear Services Corporation audit of Pullman Power Products (also known as Pullman-Kellogg), the prime piping contractor for the Diablo Canyon Nuclear Power Plant.
This request encompasses, among other things, all responses or analyses of the audit by any person, company, entity, or agency; any documents from any subsequent investigations into the audit findings by any person, company, entity, or agency; and any documents relating to disclosure of (or f ailure to disclose) the audit report to the NRC or any person, company, entity, or agency.
l If you determine that some or all of the documents are exempt from release, please advise me as to which exemption (s) you believe covers the materials which you are not releasing and the reasons supporting that belief.
In addition, I will expect, as the Act requires, that you will provide me with the remaining non-exempt portions.
I, of course, reserve the right to appeal any decision to withhold information and expect that you will list the address and office to which such an appeal may be directed.
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Director, Off2ce of Administration January 20, 1984 Page Two As you know, the amended Act permits you to reduce or waive search and copying fees if it "is in the public interest primarily benefiting the public."
5 U.S.C. S 552 (a) (4) (A).
Because the Center for Law in the Public Interest is a nonprofit institution and because the public generally will benefit from and be served by full disclosure of the documents requested, I believe that this request plainly fits that category and ask that you waive any fees.
If you have any questions regarding this request, please telephone me at (213) 470-3000.
As the amended Act requires, I will expect to receive a reply from you within ten (10) working days.
Very truly yours, el Reynolds Counsel to the Joint Intervenors JR:cc
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