ML20133M304

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Further Response to FOIA Request for Records Re CE Norelius & JW Cook Concerning BNL 850110 Rept Re Allegation of Ee Kent.App B Documents Completely Withheld (Ref FOIA Exemption 7).Search Continuing
ML20133M304
Person / Time
Issue date: 07/03/1985
From: Felton J
NRC OFFICE OF ADMINISTRATION (ADM)
To: Garde B
GOVERNMENT ACCOUNTABILITY PROJECT
References
FOIA-85-342 NUDOCS 8508130083
Download: ML20133M304 (2)


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M 08g Ms. Billie Pirner Garde, Director Citizens Clinic Government Accountability Project 1555 Connecticut Avenue, NW, Suite 202 IN RESPONSE REFER Washington, DC 20036 TO F01A-85-342

Dear Ms. Garde:

This is in further response to your letter dated May 8, 1985, in which you requested, pursuant to the Freedom of Information Act (F0IA), records related to the March 22, 1985, letter from Mr. C. E. Norelius, Region III, and Mr.

James W. Cook, Consumers Power Company, regarding the January 10, 1985, Brookhaven National Laboratory Report concerning the allegations of E. Earl Kent.

The documents listed on the enclosed Appendix B are investigatory records compijed for law enforcement purposes and are being withheld from public disclosure pursuant to Exemption (7)(A) of the F0IA (5 U.S.C. 552(b)(7)(A))

and 10 CFR 9.5(a)(7)(i) of the Commission's regulations. Disclosure of the information would interfere with an enforcement proceedirg.

Pursuant to 10 CFR 9.15 of the' Commission's regulations, it has been determined that the information withheld is exempt from production or c'isclosure and that its production or disclosure is contrary to the public interest. The person responsible for this denial is Ms. Sharon R. Connelly, Director, Office of Inspector and Auditor.

This denial 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 Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555, and should clearly state on the envelope and in the letter that it is an " Appeal from cn Initial F0IA Decision."

The NRC has not completed its search for documents subject to your request.

We will respond as soon as that effort is completed.

Sincerely, b J -

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

Enclosure:

As stated 8508130003 850703 PDR FOIA GARDE 85-342 PDR

F g l, . ..-

Re: F01A-85-342 APPENDIX B I. 01A Case Summary

1. 05/09/85 Letter to W. J. Dircks from H. W. Wahl
2. 04/04/85 Memo to S. R. Connelly from J. G. Keppler w/ enclosures

Enclosures:

(a) 3/14/85 Memo w/3 enclosures to C. E. Norelius from C.H. Weil (a) 4/4/85 Memo to J. A. Hind, C.E. Norelius, R.L. Spessard from B. Davis

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GOVERNMENT ACCOUNTABILITY PROJECT 1555 Connecticut Awnue, N.W., Suite 202 .

Washington, D.C. 20036 (202)232-8550 j May 8, 1985

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FREEDOM OF INFORMATION ACT REQUEST '~ MT. REQUESl_

Director Office of Administration N$- k2

  • Nuclear Regulatory Commission Washington, D.C. 20555 Q8k 13 To Whom It May Concern:

Pursuant to the Freedom of Information Act ("FOIA"), 5 U.S.C. 552, the Government Accountability Project (" GAP")

requests copies of any and all agency records and information, including but not limited to notes, letters, memoranda, drafts, I 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 runoffs, any other data compilations, interim and/or final reports, status reports, and any and all other records related to the March 22, 1985 letter from C.E. Norelius, Region III, NRC and Mr. James W. Cook, Consumer's Power Company regarding the January 10, 1985 Drookhaven National Laboratory report concerning the allegations of E. Earl Kent.

This request includes all agency records as defined in 10 C.F.R. b9.3a(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. $9.3a(b) and the NRC l

Manual, supra, and covered by this request have been destroyed  !

and/or removed after this request, please provide all surrounding records, including but not limited to a list of all records which l have been or are destroyed and/or removed, a description of the l action (s) taken relevant to, generated in connection with, and/or issued in order to implement the action (s).

GAP requests that fees be waived, because " finding the i

information can be considered as primarily benefitting the general public," 5 U.S.C. $552(a)(4)(a). GAP is a non-profit, non partisan public interest organization concerned with honest and open government. Through public outreach, the Project promotes whistleblowers as agents of government accountability.

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Through its Citizens Clinic, GAP offers assistance to local public interest and citizens groups seeking to ensure the health and safety of their communities.

We are requesting the above information 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 i

(D.C. Cir. 1973), cert. denied, 415 U.S. 9 7 7 (1974).

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

Sincerely,

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kb Billie Pirner Garde Director, Citizens Clinic 1