ML20127F223

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Further Response to FOIA Request for Documents Re Aamodt 840621 Motion & Ctr for Disease Control Review of Motion
ML20127F223
Person / Time
Site: Three Mile Island Constellation icon.png
Issue date: 03/27/1985
From: Felton J
NRC OFFICE OF ADMINISTRATION (ADM)
To: Aamodt M
AAMODTS
Shared Package
ML20127C068 List:
References
FOIA-85-8 NUDOCS 8506250083
Download: ML20127F223 (7)
v • d • e


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MAR 27 M I

Mrs. Marjorie M. Aamodt R. D. 5, Box 428 IN RESPONSE REFER Coatesville, PA 19320 TO F01A-85-8

Dear Mrs. Aamodt:

This is in further response to your letter dated December 20, 1984, in which you requested, pursuant to the Freedo, of Information Act (FOIA), three categories of documents related to the Aamodt June 21, 1984 Motion and the Center for Disease Control review of that motion.

The documents identified on enclosed Appendix C are being placed in the NRC Public Document Room (PDR) located at 1717 H Street, NW, Washington, DC 20555, in file folder F0!A-85-8 in your name.

The documents identified on enclosed Appendix D contain the predecisional legal analyses, opinions and recomendations of the Office of the General Counsel (0GC) for the Commissioners' consideration of the Aamodt motion for investigation of radioactive releases during the Three Mile Island Unit 2 accident. Documents one and three were prepared for the Commission to decide an issue in an adjudicatory proceeding and represent confidential comunications prepared as part of the attorney-client relationship and are, therefore, protected by the attorney-client privilege. Furthermore, the documents on Appendix D reflect the predecisional process between OGC and the Comissioners, and are exempt from mandatory disclosure pursuant to Exemption 5 of the FOIA, 5 U.S.C 5552(b)(5), and the Comission's regulations, 10 CFR 69.5(a)(5). Release of the documents would tend to inhibit the open and frank exchange of ideas essential to the deliberative process. There are no reasonably segregable factual portions of these documents that are not already in the public record. Further, releasing the factual portions of these documents would reveal a predecisional evaluation of which facts are important. (See Russell v. Department of the Air Force 2 GDS 681,123 (D.D.C. 1981), aff'd., 682 F.2d 1045 TD.C. Cir. 1982)). Such " selective" facts are, therefore, entitled to the

  • same protection as that afforded to purely deliberative materials as their release would " permit indirect inquiry into the mental processes,"

Williams v. Department of Justice, 556 F. Supp. 63, 65 (D.D.C. 1982),

and so " expose" predecisional agency deliberations. Montrose Chemical Corp.

v. Train, 491 F.2d 63 (D.C. Cir 1974). The documents are being withheld in their entirety.

g 62 g 3 850327 AAMODT85-8 PDR

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The documents identified on~ enclosed Appendix E contain the predecisional analyses, opinions and recommendations of the Connissioners, and between the Comissioners and their staffs on the Aamodt motion for investigation of radioactive releases during the Three Mile Island Unit 2 accident. Because the documents reflect the predecisional process among the Connissioners, and between the Commissioners and their staffs, the documents are exempt from mandatory disclosure pursuant to Exemption 5 of the FOIA, 5 U.S.C. 6552(b)(5),

and the Commission's regulations, 10 CFR 99.5(a)(5). Release of the documents would tend to inhibit the open and frank exchange of ideas essential to the deliberative process. The documents do not contain any reasonably segregable factual portions. The documents are being withheld in their entirety.

Pursuant to 10 CFR 9.15 of the Commission's regulations, it has been determined that the information withheld in exempt from production or disclosure and that its production or disclosure is contrary to the public interest. The person responsible for the denials in Appendix D is James A.

Fittgerald, Assistant General Counsel. The person responsible for the denials in Appendix E is John C. Hoyle, Assistant Secretary to the Comission.

These denials may be appealed to the Commission within 30 days from the receipt of this letter. Any such appeal must be in writing, addressed to the Secretary of the Comission, U.S. Nuclear Regulatory Comission, Washington, DC 20555, and should clearly state on the envelope and in the letter that it is an " Appeal from an Initial F0IA Decision."

This completes NRC action on your request.

Si erely,

. . Felton, Director Division of Rules and Records Office of Administration

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Enclosures:

As stated

W ?,7 25 Mrs. Marjorie M. Aamodt R. D. 5, Box 428 IN RESPONSE REFER Coatesville, PA 19320 TO FOIA-85-8

Dear Mrs. Aamodt:

This is in further response to your letter dated December 20, 1984, in which you requested, pursuant to the Freedom of Information Act (F0IA), three categories of documents related to the Aamodt June 21, 1984, Motion aad the Center for Disease Control review of that motion.

The documents identified on enclosed Appendix C are being placed in the NRC Public Document Room (PDR) located at 1717 H Street, NW, Washington, DC 20555, in file folder F01A-85-8 in your name.

The documents identified on enclosed Appendix D contain the predecisional legal analyses, opinions and recomendations of the Office of the General Counsel (0GC) for the Comissioners' consideration of the Aamodt motion for investigation of radioactive releases during the Three Mile Island Unit 2 accident. Documents one and three were prepared for the Commission to decide an issue in an adjudicatory proceeding and represent confide!ntial comunications prepared as part of the attorney-client relationship and are, therefore, protected by the attorney-client privilege. Furthermore, the documents on Appendix 0 reflect the predecisional process between OGC and the Comissioners, and are exempt from mandatory disclosure pursuant to Exemption 5 of the F0IA, 5 U.S.C.1552(b)(5), and the Comission's regulations, 10 CFR 69.5(a)(5). Release of the documents would tend to inhibit the open and frank exchange of ideas essential to the del.iberative process. There are no reasonably segregable factual portions of these documents that are not already in the public record. Further, releasing .

the factual portions of these documents would reveal a predecisional evaluation of which facts are important. (See Russell v. Department of the Air Force, 2 GDS 681,123 (D.D.C. 1981), aff'd., 682 F.2d 1045 (D.C. Cir. 1982)). Such " selective" facts are, therefore, entitled to the same protection as that afforded to purely deliberative materials as their release would "pennit indirect inquiry into the mental processes,"

Williams v. Department of Justice, 556 F. Supp. 63, 65 (D.D.C. 1982),

and so " expose" predecisional agency deliberations. Montrose Chemical Corp.

v. Train, 491 F.2d 63 (D.C. Cir 1974). The documents are being withheld in their entirety.

1

The documents identified on enclosed Appendix E contain the predecisional analyses, opinions and recomendations of the Comissioners, and between the Comissioners and their staffs on the Aamodt motion for investigation of radioactive releases during the Three Mile Island Unit 2 accident. Because the documents reflect the predecisional process among the Comissioners, and between the Comissioners and their staffs, the documents are exempt from mandatory disclosure pursuant to Exemption 5 of the F0IA, 5 U.S.C. 5552(b)(5),

and the Comission's regulations,10 CFR 59.5(a)(5). Release of the documents would tend to inhibit the open and frank exchange of ideas essential to the deliberative process. The documents do not contain any reasonably segregable factual portions. The documents are being withheld in their entirety.

Pursuant to 10 CFR 9.15 of the Commission's regulations, it has been detennined that the information withheld in exempt from production or disclosure ano that its production or disclosure is contrary to the public interest. The person responsible for the denials in Appendix D is James A.

Fitzgerald, Assistant General Counsel. The person responsible for the denials in Appendix E is John C. Hoyle, Assistant Secretary to the Comission.

These denials may be appealed to the Comission within 30 days from the receipt of this letter. Any such appeal must be in writing, addressed to the Secretary of the Comission, U.S. Nuclear Regulatory Comission, Washington, DC 20555, and should clearly state on the envelope and in the letter that it is an " Appeal from an Initial F0IA Decision."

This completes NRC action on your request.

Sincerely, ,

"& 2.w.veeNW J. M. Felton, Director Division of Rules and Records Office of Administration

Enclosures:

As stated DISTRIBUTION DRR Rdg DRR Subj PDR PGNorry ECShomaker LLRobinson NBrown MSweeney, OGC y 0FC :ADM:DRR :ADM:DRR :ADM:DRR 0GC

SEC

:------- ..- :------- . - - ,/- - 7 4....::------------:---Y----- --:------------:--------..-

NAME :NB me :LLRobinson :JM :on :MSweeneylf : TC

...--:-. -- ..:---...------:- ... . - - - : - - - - - - - - - - - - : - - .o.m. - - - . . . : - - - - - - - - - . . : .

DATE :3/X /85 :3/M85 :3 85 :3/7/85  :

3/$/85  :  :

F Re: F01A-85-8 APPENDIX C Documents Being Placed in the PDR

1. Undated Additional Views of Comissioner Asselstine (1 page)
2. 07/05/84 Letter from George Tokuhata to Phillip Grant subject:

Epidemiologic Surveillance in Pennsylvania: A Case of Nuclear Power Plants. (10pages)

3. 08/27/84 Memo from S.J. Chilk to W.J. Dircks, subject, Staff Requirements Oral Presentations By Parties on TMI-1 Restart (2 pages)
4. 08/29/84 Letter from George Tokuhata to Charles Hinson, subject: The Aamodt Cancer Report. (5pages)
5. 09/07/84 Memo from W.J. Dircks to the Comission,

Subject:

Staff Actions From the August 15, 1984 Comission Meeting on MI-1. (16 pages)

6. 09/10/84 Letter from John Cobb to Nunzio Palladino, subject: Submittal of Curriculum Vitae (9 pag s) [ Note: This document is Enclosure 2 to SECY-84-322A
7. 10/23/84 Comissioner Asselstine's Response Sheet for SECY-84-322A, "Aamodt Motion for Investigation of Radioactive Releases During theTMI-2 Accident."(1page)
8. 11/12/84 Letter from Winston Richards, The Pennsylvania State University, to Nunzio Palladino (5 pages)
9. 12/18/84 Memo from S.J. Chilk to H. Plaine, subject: Staff Requirements-Affirmation /Discussionandvote.(1page)

/

Re: F01A-85-8 APPENDIX D Documents Being Withheld in their Entirety

1. 08/13/84 Memo (SECY-84-322) from M. Malsch, Deputy General Counsel to the Commissioners, subject: Aamodt Motion for Investigation of Radioactive Releases During the TMI-2 Accident (1 page);

enclosure 1, draft order. (4 pages)

2. 08/17/84 Memo from M. Malsch to S. Chilk, subject: SECY-84-322-Aamodt Motion for Investigation of Radioactive Releases During the TMI-2 Accident. (1page)
3. 10/05/84 Memo (SECY-84-322A) from M. Malsch, Deputy General Counsel, and J. Zerbe, Director, Office of Policy Evaluation, to the Commissioners, subject: Aamodt Motion for Investigation of Radioactive Releases During TMI-2 Accident. (4 pages)
4. Undated Draft memorandum from S. Chilk, Secretary, to W. Dircks, EDO, re: Health effects resulting from TMI-2 accident. (2pages)

[ Note: This document is Enclosure 3 to SECY-84-322A]

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Re: F01A-85-8 APPENDIX E Documents Being Withheld in Their Entirety i

1. Undated Draft Commission Order with handwritten notes of Cmr.

Asselstine.(5pages)

2. 08/20/84 Vote Sheet of Cmr. Zech on SECY-84-322 - Aamodt Motion for Investigation of Radioactive Releases During the TMI-2 Accident. (1page)
3. 08/28/84 Yote sheet of Cmr. Roberts on SECY-84-322 - Aamodt Motion for Investigation of Radioactive Releases During the TMI-2 Accident. (1 page)
4. 10/21/84 Vote Sheet of Chm. Palladino on SECY-84-332A - Aamodt Motion for Investigation of Radioactive Releases During the TMI-2 Accident. (1page)
5. 10/23/84 Vote sheet of Cmr. Roberts on SECY-64-332A - Aamodt Motion for Investigation of Radioactive Releases During the TMI-2 Accident. (1 page)
6. 10/24/84 Vote sheet of Cmr. Zech on SECY-84-322A - Aamodt Motion for Investigation of Radioactive Releases During the TMI-2 Accident. (1page)
7. 10/30/84 Vote sheet of Cmr. Bernthal on SECY-84-322A - Aamodt Motion for Investigation of Radioactive Releases During the TMI-2 Accident. (2 pages) ,
8. 11/14/84 Memo from Cmr. Bernthal to Cmrs., "Aamodt Motion and Connission Order (SECY-84-322). (1page)
9. 11/26/84 Memo from Chm. Palladino to Cmr. Bernthal, "SECY-84-322 - Aamodt Motion for Investigation of Radioactive Releases During the TMI-2 Accident. (1 page)
10. 12/13/84 Affirmation Memo with attached draft Order from S.J. Chilk, "SECY-84-322/322A - Aamodt Motion for Investigation of Radioactive Releases During the TMI-2 Accident." (8 pages)

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R. D. 5. Box 428 Coatesville, PA 19320 December 20, 1984 FREEDOM OF INFORMATION J . te, /kop, bi _ hts / h)gekhop5 ACT REQUEST Nuclear Regulatory Conunission U k -l $ y Washington, D. C. 20555 o g i ,-g5

Dear Sir:

On the basis of our interest in the ntI Restart Proceeding (Docket 50-289) and the Freedo:n of Information Act, I am requesting the following information:

(1) All communications, written and verbal, between the NRC Staff and the Commission or any of the Commissioners concerning the Aamodt Motion of June 21, 1984 and the Center for Disease Control review of that motion.

(2) All communications, written or verbal, between the Commonwealth of Pennsylvania or any of its agents, including Dr. George Tokohata, concerning the Aamodt Motion of June 21, 1984 and the Center for Disease Control review of that motion.

. (3) The transcripts of the Commission meetings of August 15, 1984, September 7, 1984 and December 13, 1984.

Respectfully submitted, l tAxO r. [4Lfl-  !

Marjorff M. Aamodt 6@

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