ML20128G362

Appeals Lack of Response to FOIA Request for Info Re Basemat Cracking,Water Leakage & Seepage Problems

ML20128G362
Person / Time
Site:	Waterford
Issue date:	07/06/1984
From:	Bernabei L, Garde B GOVERNMENT ACCOUNTABILITY PROJECT
To:	Dircks W NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
References
FOIA-84-455, FOIA-84-A-56 NUDOCS 8505300134
Download: ML20128G362 (1)

Text

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, COVC.hM'ENT ACCOUNTABILITY PROJECT .

Institute for Policy Studies 1901 Que Street. N.W.. Washington. D.C. 20009 (202)234-9382 July 6, 1984 Mr. William J. Direkc APPEAL OF INITIAL FOlA DECIS60N r EDO U.S. Nuclear Regulatory Commission g_f .gg g g Washington, D.C. 20555

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Dear Mr. Dircks:

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

By letter dated May 31, 1984, the Government Accountability Project (GAP)' requested document.s relating to:

(1) Any report or study of the basemat cracking and water leakage and seepage problems at the Waterford III plant conducted and issued subsequent to the formation of the Special Investigation Team, including such a report or study prepared without the input of the t'eam by either contractors or other members of the staff.

These records pertain to the Waterford III Steam Electric Station. We defined the requect to include any and all agency records and information, 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, agreements, handwritten notes, studies, data sheets, notebooks, bcoks, telephone messages, computations, voice recordings, any other data compilations, interim and/or final reports, status reports, generated or obtained by NP.C personnel in connection with investiga-tions, inspections and/or reports on the above matters.

To date, we have recieved no response to our request, although it has been well over a month since our initial request. We have construed your failure to answer as a constructive denial of the request.

As provided under the FOIA, we expect to receive a response to this administrative appeal within twenty (20) working days.

Yours truly,,

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Billie Pirner Garde i 8505300134 850301 lM

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. GOVERNMENT ACCOUNTADILITY PROJECT Institute for Policy Studies 1901 Que Street. N.W., Woshington. D.C. 20009 (202)234 9382

- 1 Freedom of Information Act Request May 31, 1984 Director Office of Administration PREEDOM OF INFORMATION Nuclear Regulatory Commission ACT RE ES Washington, D.C. 20555 hM - y.Tyg3 To Wh'om It May Concern: h 9 k.Pf Y Pursuant to the Freedom of Information Act (FOI A), 5 U.S.C. 5552, the Government Accountability Project (GAP) of the Institute for Policy Studies requests copies of any and all agency records and information, including but not limited to notes, letters, memoranda, drafts, minutes, diaries, logs, calendars, tapes, transcripts, summaries, interview reports, procedures, instructions, engineering antlyses, drawings, files, graphs, charts, maps, photographs, agreements, handwritten notes, studies, data sheets, notebooks, books, telephone nessages, computations, voice recordings, computer run-offs, any other data compilations, interim and/or final reports, status reports, and any and all other records relevant to and/or generated in connection with (1) Any report or study of the basemat cracking and water leakage and seepage problems at the Waterford III plant conducted and issued subsequent to the formation of the Special Investigation Team, including such a report or study prepared without the input of the team by either contractors or other members of the staff.

This request includes all agency records as defined in 10 C.F.R. 69.3a(b) and the NRC Manual, Appendix 0211 Parts 1.A.2 and A.3 (approved October 8,1980) whether they currently exist in the NRC official, " working," investigative or other files, or at any other location, including private residences.

If any records as defined in 10 C.F.R. 59.3a(b) and the NRC Manual, supra, and covered by this request have been destroyed and/or removed after this request, please provide all surr.ounding 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 relevent 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 primarily benefitting the general public," 5 U.S.C. 5552(a)(4)(a). GAP is a non-profit, nonpartisan public interest organization concerned with honest and open government. Through public outreach, the Project promotes whistleblowers as agents 4542 %7{l W A PP'

' Director.

Office 'of Administration ef government accountability. Through its Citizens Clinic, GAP offers assistance to local public interest and citizens groups seeking to ensure the' health and safety of their communities. The Citizens Clinic is currently assisting several citizens groups, local governments and intervenors in the mid-Michigan area concerning the dronstruction of the Midland plant.

We are requesting the above infomation as part of an ongoing monitoring project on the adequacy of the NRC's efforts to protect public safety and health at nuclear p;wer plants. '

Fcr any documents or portions that you deny due to a specific FOIA exemption, please provide an index itemizing and describing the docaments or portions of documents withheld. The index should provide a detailed justification of your grounds for claiming each exemption, explaining why each exemption is relevant to the document or partion of the document withheld. This index is required under Vaughn v. Rosen (1),

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

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

APL M Billie Pirner Garde Citizens Clinic Director 4

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GOVERNMENT ACCOUNTABluTY PROJECT Institute for Pokcy Studies 1901 Que Street. N.W. Washington. D.C. 20009 (202)234 9382

- B Freedom of Information Act Request May 31, 1984 Director Office of Administration PftEEDOM OF INFORMATION Nuclear Regulatory Commission ACT R Washington, D.C. 20555 h M E UEST 9 455 To Whom It May Concern: h N (p@f Y Pursuant to the Freedom of Information Act (F0IA), 5 U.S.C. $552, the Government Accountability Project (GAP) of the Institute for Policy Studies requests copies of any and all agency records and information, including but not limited to notes, letters, memoranda, drafts, minutes, diaries, logs, calendars, tapes, transcripts, summaries, interview reports, procedures, instructions, engineering analyses, drawings, files, graphs, charts, maps, photographs, agreements, handwritten notes, studies, data sheets, notebooks, books, telephone messages, computations, voice recordings, computer run-offs, any other data compilations, interim and/or final reports, status reports, and any and all other records relevant to and/or generated ~

in connection with (1) Any report or study of the basemat cracking and water leakage and seepage problems at the Waterford III plant conducted and issued subsequent to the formation of the Special Investigation Team, including such a report or study prepared without the input of the team by either contractors or other members of the staff.

l This request includes all agency records as defined in 10 C.F.R. 69.3a(b) and the l NRC Manual, Appendix 0211, Pcrts 1.A.2 and A.3 (approved October 8,1980) whether l they currently exist in the NRC official, " working," investigative or other files.

l or at any other location, including private residences.

If any records as defined in 10 C.F.R. $9.3a(b) and the NRC Manual, supra, and covered by this request have been destroyed and/or removed after this request, l please provide all surrounding records, including but not limited to a list of all l records which have been or are destroyed and/or removed, a description of the action (s) taken relevent 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 primarily benefitting the general public " 5 U.S.C. $552(a)(4)(a). GAP is a non-profit, nonpartisan public interest organization concerned with honest and open gcVernment. Through public outreach, the Project promotes whistleblowers as agents W  ?? Of'

J

'. - Director

/ Office of Administration  :

of government accountability. Through its Citizens Clinic, GAP offers assistance to local public interest and citizens groups seeking to ensure the health and safety of their communities. The Citizens Clinic is currently assisting several citizens  ;

groups, local governments and intervenors in the mid-Michigan area concerning the l construction of the Midland plant.

We are requesting the above infonnation as part of an ongoing monitoring project on the adequacy of the NRC's efforts to protect public safety and health at nuclear power plants.

For any documents or portions that you deny due to a specific FOIA exemption, please provide an index itemizing and describing the documents or portions of documents withheld. 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).

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

Billie Pirner Garc'e Citizens Clinic Director

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