ML20133G445

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Responds to FOIA Request for All Documents Between V Stello & Texas Utils Generating Co Officials for 840101 Until Present.Nrc Has No Documents Subj to Request
ML20133G445
Person / Time
Issue date: 06/14/1985
From: Felton J
NRC OFFICE OF ADMINISTRATION (ADM)
To: Fagan S
FORT WORTH STAR-TELEGRAM, FORT WORTH, TX
References
FOIA-85-396 NUDOCS 8508080686
Download: ML20133G445 (1)


Text

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  1. ko UNITED STATES NUCLEAR REGULATORY COMMISSION D ;y WASHINGTON, D. C. 20555

%,,, M 14 MI Mr. Steve Fagan Assistant Managing Editor / News Fort Worth Star-Telegram 400 West Seventh Street IN RESPONSE REFER Fort Worth, TX 76102 TO F0IA-85-396

Dear Mr. Fagan:

. This is in response to your letter of May 21, 1985, in which you requested, pursuant to the Freedom of Information Act (F0IA), copies of all communications between Victor Stello and Texas Utilities Generating Company

' officials for the time period covering January 1, 1984, until the present.

The NRC has no records subject to your request.

We have been informed that Mr. Stello has not previously maintained, and does not currently maintain, a file on either Texas Utilities or the Comanche Peak plant. Mr. Stello explained that he is not directly in the decision-making chain of command for Comanche Peak and, therefore, as documents or memoranda on Comanche Peak come across his desk, he has noted the documents, perhaps discussed them with the NRC staff, and then discarded the documents. Mr.

Stello does maintain telephone logs and appointment calendars, but they do not contain any substantive information pertaining to Comanche Peak. These logs and calendars, which are maintained by Mr. Stello's personal secretary, contain both business and personal information. They are not circulated to any other member of the staff, are not required to be maintained by NRC policy or pro-cedures, are prepared for Mr. Stello's personal convenience, and are retained or. discarded at Mr. Stello's sole discretion. Hence, they are the personal property of Mr. Stello and are not agency records subject to disclosure u: 'er the F0IA. (See Porter County Chapter Isaak Walton League v. AEC, 380 F. Supp 630 (1974) and The Bureau of National Affairs, Inc. v. U.S. Department of -

Justice and Environmental Defense Fund v. Office of Management and budaet, 742 F.2d 1484 (1984)). Further, the interrelationship of Mr. Stello and his confidential secretary does not waive the protection normally accorded this type of personal information.

Sincerely,

(  ?'V' J. M. Felton, Director Division of Rules and Records Office of Administration l

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