ML20126D932
| ML20126D932 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 02/05/1985 |
| From: | Belair R KIRKPATRICK & LOCKHART |
| To: | NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| References | |
| FOIA-84-942, FOIA-85-A-5 CLI-84-08, CLI-84-8, NUDOCS 8506150246 | |
| Download: ML20126D932 (2) | |
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KIRKPATRICK & LOCKHART 1900 M STREET, N.D.
WASHINGTON, D.C. 200M owe sostow ptaca posToN, MA 02:00 TEumous con tinoso emm5 o 1420 MICKELL AVENUE tt3CDFER Qon 45MOS2 b4Ana, FL 33131 0 05) 3794l12 ne ouva suitoec February 5, 1985 PITT50URoH, PA 15222 um m4wo vRnus oeuct oiALwtsen 452-7023 APPEAL OF INITIAL FOLA DECSON 9S-A - SC(f 4-WP.)
Executive Director for Operations U. S. Nuclear Regulatory Commission h[
1-lh"kb 7735 Old Georgetown Road Bethesda, Maryland 20814 Appeal from Initial FOIA Decision No. FOIA-84-942 Re:
Dear Sir:
This is an appeal pursuant to the Freedom of Information Act
("FOIA"), 5 U.S.C. 6 552(a)(6) and the Nuclear Regulatory Commission's ("NRC") regulations thereunder, 10 C.F.R. 6 9.11.
On behalf of our client, Suffolk County, we submitted an FOIA request on December 21, 1984 seeking written materials in the possession or control of tne NRC relating to issues discussed in "CLI-84-8" -- a May 16, 1984 Commission Order pertaining to exemption requirements in the Shoreham operating license pro-ceeding.
In particular, our FOIA request sought copies of any transcripts and/or notes of any meetings attended by the Com-missioners and/or by NRC staff, and/or by other persons at which issues addressed in CLI-84-8 were discussed.
To date we have received two partial responses from the NRC.
The most recent response came under cover of your letter of January 16, 1985 and indicated that the NRC's " search for and review of documents related to your request is continuing."
Since January 16th I have spoken to Natalie Brown, in your FOIA office on a few occasions, at which times she has advised me that the search is continuing and that additional partial responses would be forthcoming promptly.
f Nonetheless, despite these assurances, and despite having waited 28 working days for a complete response, we have yet to receive a complete response.
As you know, the NRC's regulations at 10 C.F.R. 6 9.9 require the NRC to respond to an FOIA request within 10 working days.
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f B506150246 850205 PDR FOIA BELAIRBS-A-5 PDR I
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KIKKPATRICK & LOCKHART 1
2.
I Under the FOIA, and the NRC's regulations at 10 C.F.R. 6 9.9(e), we are entitled to treat the NRC's failure to make a timely response as a denial of our request and immediately appeal this denial to the NRC's Executive Director for Operations, as provided in 10 C.F.R. S 9.11.
Consequently, by this letter, we hereby appeal the denial of our above-erenced FOIA request.
Sincerel
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fl obert Be air 1