ML20126D271

Appeals Denial of FOIA Request for Documents Re Const Assessment Team Insp of Facility

ML20126D271
Person / Time
Site:	Waterford
Issue date:	07/20/1984
From:	Bernabei L, Garde B GOVERNMENT ACCOUNTABILITY PROJECT
To:	NRC OFFICE OF ADMINISTRATION (ADM)
References
FOIA-84-205, FOIA-84-A-60 NUDOCS 8506150007
Download: ML20126D271 (1)

Text

I GOVERNMENT ACCOUNTABILITY PROJECT Institute for Pohcy Studies 1901 Que Street. N.W . Washington. D C. 20009 (202)234-9382 July 20, 1984 Director Office of Administration Division of Rules and Records U.S. Nuclear Regulatory Commission Washington, D.C. 20555 ADPEAL 06 SAA DECISON Re: F0IA 84-205 APPEAL FROM AGENCY FAILURE TO RESPOND 24- A -60 E ( 24 c30SJ

Dear Mr. Felton:

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This is an appeal pursuant to Subsection (a)(6) of the Freedom of Information Act (F0IA), as amended 5 U.S.C. 5552.

By letter dated March 21, 1984, the Government Accountability Project (GAP) requested documents related to the Nuclear Regulatory Commission's (NRC)

Construction Assessment Team (CAT) inspection and/or related to the report of that inspection of the Waterford Steam Electric Station, Unit 3. The CAT inspection began in February,1984 These records pertain to the Waterford III Steam Electric Station.

We defined the request to include any and all agency records and informa-tion, including but not limited to notes, letters, files, memoranda, drafts, minutes, diaries, logs, calendars, tapes, transcripts, summaries, interview reports, procedures, instructions, engineering analyses, drawings, graphs, charts, maps, photographs, books, telephone messages, computations, voice recordings, any other data compilations, interim and/or final reports, status reports, generated or obtained by NRC personnel in connection with investiga-tions, inspections and/or reports on the above matters.

To date we have been allowed access to a limited number of documents in response to our request only in Bethesda, Maryland, and not in the Public Document Room in Washington, D.C. However, we have not been permitted to copy nor have you been willing to copy for us these documents. Moreover, you have not identfied those documents which are responsive to our request, but are being withheld pursuant to a FOIA exception. Therefore, I have construed your failure to respond to our original request and to make all responsive documents ,

available for inspection and copying an effective denial. This is therefore  !;'

an administrative appeal of our original request.

As provided under the FOIA, we expect to receive a response to this  !

administrative appeal within twenty (20) working days.  ;!

Your truly, fg50615 7 840720 d

Bi 1 e Pirner Garde N

W M84-A-60 PDR L nne Bernabei

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% ..s, 4 GOVERNMENT ACCOUNTABILITY PROJECT ,

Institute for Policy Studies l 1901 Que Street. N.W., Woshingion. D.C. 20009 (202)234 9382 ,

March 21,1984 FREEDOM OF INFORMATION ACT REQUEST Director FftEEDOM OF INFORMATIO" "

Office of Administration ACT REQUEST U.S. Nuclear Regulatory Commission Washington, D.C. 20555 FOI4-py ggy

'ENY To Whom It May Concern:

Pursuant to the Freedom of Information Act (FOI A), 5 U.S.C. 5552, et seq. , the Govern-ment Accountability Project (GAP), requests copies of all agency records and informa-tion, including but not limited to notes, letters, memoranda, drafts, minutes, diaries,

~, logs, calendars, tapes, transcripts, summaries, interview reports, procedures, instruc-tions, engineering analyses, drawings, files, graphs, charts, maps, photographs,

. agreements, handwritten notes, studies, data sheets, notebooks, books, telephone messages, computations, voice recordings, and other data compilations, on which or through which information is transmitted, interim and/or final reports, status reports,

., and all other records or reports relevant to and/or generated in connection with the Nuclear Regulatory Commission's (NRC) Construction Assessment Team (CAT) inspection and/or related to the report of that inspection of the Waterford Steam Electric Station, Unit 3. The CAT inspection began in February,1984.

If any records have been destroyed and/or removed, 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, office and/or agency-wide policies and/or justification (s) for the action (s), identification of all personnel involved with the action (s), and any and all records relevant to, generated in connection with, and/or issued in order to implement the action (s).

GAP requests that fees be waived, because " finding the information can be considered as pimarily benefitting the general public." 5 U.S.C. s552(a)(4)(A). The Government Accountability Project is a non-profit, nonpartisan public interest organization concerned with honest and open government. Through legal representation, advice, j national conferences, films, publications and public outreach, the Project promotes t whistleblowers as agents of government accountability. GAP requests the above i irformation as part of an ongoing monitoring project on the adequacy of the NRC's j efforts to protect public safety and health at nuclear power plants.

e For any documents or portions that you deny due to a specific F0I A exemption, please provide an index itemizing and describing the documents or portions of documents

withhcid. 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 the document withheld. This index is required under Vaughn v. Rosen (I),

484 F.2d 820 (D.C.Cir.1973), cert. denied, 415 U.S. 977 (1974).

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Directs-March 21,1984 Office of Administration Page two Please respond directly to Lynne Bernabei and Thomas Henderson, Jr. We will consider enly a response to these two individuals to be an acceptable response to this request.

Please do not respond to Ms. Billie Garde, as this will not be considered responsive.

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

Sincerely yours, p v C r' -

Ly Sta

)e Bernabei Counsel l e w/v% 5% 6-/3 Thomas Henderson, Jr.

Legal Intern