ML20128Q984
| ML20128Q984 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 04/12/1985 |
| From: | Belair R KIRKPATRICK & LOCKHART |
| To: | NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| References | |
| FOIA-85-190, FOIA-85-A-14 NUDOCS 8507270086 | |
| Download: ML20128Q984 (1) | |
Text
i KIRKPATRICK & LOCKHART 1900 M STRIET, N.W.
WASHINGTON, D.C. 200M ONE BOSTON PLACI 80 stow.uA onos TEWHONE 00D 4521000 5m mWC 1424 MUCKELL AVENUE TELECOPER 00D 4521052 bGAML FL 33131 0 05) 3744112 isco OuvER sun 2xNG ROBERT R. BELAIR April 12, 1935 ARREAL OF INITIAL F01A DECISION Executive Director for Operations FOM--M-A-1445-lio)
U. S.
Nuclear Regulatory Commission 7735 Old Georgetown Road
@8h q[Q Bethesda, Maryland 20814 Re:
Appeal from Initial FOIA Decision No. FOIA 85-190
Dear Sir:
This is an appeal pursuant to the Freedom of Information Act
("FOIA"), 5 U.S.C.
S 552(a)(6), and the Nuclear Regulatory Commission's ("NRC") regulations thereunder, 10 C.F.R. 9.11.
On behalf of our client, Suffolk County, we submitted an FOIA request dated March 19, 1985 seeking any written materials in the possession or control of the NRC which were dated January 2, 1984 or later, or which were created after January 1, 1984 relating to radiological emergency planning and preparedness concerning the Shoreham Nuclear Power Plant.
The request excepted those materials which had been served on all parties in the Shoreham proceeding (Docket No. 50-322-OL).
The request was hand-delivered to the NRC's offices at 7735 Old Georgetown Road, Bethesda, Maryland, and a copy has been marked " Received" as of March 21, 1985.
The NRC's regulations at 10 C.F.R.
S 9.9 require the NRC to respond to an FOIA request within ten working days.
That ten-day period has expired and as yet we have not received a response from'the NRC.
Furthermore, the NRC has not sent us a written notice advising us of an extension of the ten-day response, as permitted under the FOIA and the NRC's regulations, 10 C.F.R.
@ 9.13.
Under the FOIA and the NRC's regulations at 10 C.F.R. 9.9(e), we are entitled to treat this failure to make a timely response as a denial of our request and to immediately appeal to the NRC's Executive Director for Operations.
Accordingly, by this letter we hereby appeal the denial of the above-referenced FOIA request.
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bec/Tip Letsche Robert R lair 8507270086 850412 PDR FOIA BELAIRB5-A-14 PDR
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KIRKPATRICK & LOCKHART 1900 M STREET, N.W.
WASHINGTON, D.C. 200M ONE BOSTON PLACE 80STON, MA 02108 TEIRHONE 002) 452 7000 gi?) 973 5400 1428 bluCKEli AVENUE TELECDPER Q02) 452 7052 MIAMI, FL 33131 (305) 3744t!2 March 19, 1985 PIIT58URGH, PA I5222 vanEa3 oiRECr ova.wuMnEm c:23 355450o (202) 452-7023 FREEDOV OC INFORM..GN AQ.f. fR9Uf,SL fora-es*
HAND DELIVER Q'
7 hb Director, Office of Administration U.S. Nuclear Regulatory Commission 1717 H Street, N.W.
Washington, D.C.
20555 Re:
Freedom of Information Act Request
Dear Sir:
On behalf of our client, Suffolk County, we request, pursu-ant to the Freedom of Information Act, as amended, 5 U.S.C.
552, ("FOIA") and the rules of the Nuclear Regulatory Commission
(" Commission") issued thereunder, 10 C.F.R. Part 9, copies of all written materials which are dated January 2, 1984 or later, or, if undated, which were created after January 1, 1984 in the pos-session or control of the Commission relating to radiological emergency planning and preparedness concerning the Shoreham Nuclear Power Plant in Suffolk Coanty, New York, except for those materials which have been served on all the parties in the Shoreham proceeding (Docket No. 50-322-OL).
Without limiting the scope of this request, but merely to assist the Commission in its search, the written materials that l
we are requesting may include the following:
1.
All materials since January 1984 concerning the imple-mentation by the Long Island Lighting Company of radiological emergency plans for the Shoreham Nuclear Power Plant.
2.
All materials since January 1984 re: implementation by the Federal Government, or any Federal departments, agencies, instrumentalities, or contractors, of radiological plans for the Shoreham Nuclear Power Plant.
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KIRKPATRICK & LOCKHART Director, Office of Administration March 19, 1985 Page 2 3.
All materials since January 1984 concerning an exercise of radiological emergency plans for the Shoreham Nuclear Power Plant, including materials related to participation by or obser-vation of such an exercise by any Federal department, agency, instrumentality, or contractor.
In addition, we request copies of all correspondence, memo-randa and any other written materials between the Commission and the Long Island Lighting Company and/or its employees, agents or representatives, occurring after January 1, 1984.
In the event that access is denied to any part of the requested materials, please supply the following information:
a.
Identify the withheld or deleted material and specify your reasons for believing that an exemption applies, as required by 10 C.F.R. 9.10(b).
b.
Segregate the nonexempt from the allegedly exempt portions of all materials and release the former, as required by 10 C.F.R. 9.10(a).
c.
Supply a detailed statement of the content of the withheld or deleted material, along with the date on which the material was written; its section heading or title; its author; the author's title, and an identification of any persons or entities who have receiveC copies of such material, as required by appl. cable case law.
Vaughn v. Rosen, 484 F.2d 820, 826-827 (D.C. Cir. 1973).
d.
Separately state your reason (s) for not invok-ing your discretionary power to release the allegedly exempt materials.
The undersigned is willing to inspect the requested material prior to its reproduction in order to identify specific material for reproduction.
The undersigned will pay charges for search time and copying fees, as provided by Commission regulations, 10 C.F.R. 9.14.
If search and copying fees to be incurred by the undersigned will exceed $100.00, please notify the undersigned before this sum is exceeded.
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KIRKPATRICK & LOCKHART Director, Office of Administration March 19, 1985 Page 3 We expect to. receive your response to this FOIA request within ten (10) working days of your receipt of this requdst, as required under the FOIA and as set out at 10 C.F.R. S 9.8(c).
Sincerely, B4urR. w of/
Robert R.
Belair
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