ML20113D438
| ML20113D438 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 06/01/1984 |
| From: | Bell N NUCLEAR INFORMATION & RESOURCE SERVICE |
| To: | Felton J NRC OFFICE OF ADMINISTRATION (ADM) |
| References | |
| FOIA-84-465 NUDOCS 8501230101 | |
| Download: ML20113D438 (3) | |
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u qqr y wxib Nuclear In"ormation and Resource Seuce 1346 Connecticut Avenue fN/. 4th Floor. Washington. D C. 20036 (202) 296 7552 June 1, 1984 James M. Felton, Director PREEDOM OF WFOR %
Division of Rules and Records office Adminstration ACT REQUEST U.S. Nuclear Regulatory Commission gg Y,N Washington, D.C. 20555 FREEDOM OF INFORMATION ACT REOUEST Previous Related Request: FOIA 84-148 To whom it may concerns 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-l 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)
' Office of Nuclear Reactor Regulation (NRR). In yo.
Dnse, please identify which documents
~
correspond to w..
i 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 licanse 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 operating license amendments which have received no significant hazards consideration determinations by the NRC Staff; B5012 0101 040601 PDR F h465 PDR BELL-
- 3. The implications of the application of the "Sholly Amendment" no-significant-hazards-consideration determination on the TMI-l Steam Generator operating license amendment to any or all operating license amendments; i
- 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 i
- 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" l
no-significant-hazards-consideration determinations.
l The documents requested must be made available under the Freedom of Information Act and are not exempt under j
Exemption 5.
The Supreme Court recognized a distinction l
between pre-decisional documents, which are exempted, and post-decisional documents which are not exempted.
NLRB v.
I Sears. Roebuck & Co., 421 U.S. at 151-53.
The Court noted l
that it would be reluctant to consider " statements of policy l
and interpretations which have been adopted by the agency" j
and " instructions to staff that affect a member of the public" to be exempt under Exemption 5.
Haara, supra.
This is consistent with numerous court interpretations that the POIA'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 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 orlor 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 I
T
. Nuclear Information and Resource Service is a non-profit organization serving local organizations concerned about nuclear power and providing information to the general public.
Sincere Q
.vm 3 Nina Bell Nuclear Safety Analyst cca File i
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