ML20134A574

Further Response to FOIA Request for Documents Re Presence & Influence of Organized Crime at Facility During Const. Forwards App B Documents.App C Document Withheld (Ref FOIA Exemption 5).App B Documents Also Available in PDR

ML20134A574
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	10/23/1985
From:	Felton J NRC OFFICE OF ADMINISTRATION (ADM)
To:	Belair R KIRKPATRICK & LOCKHART
Shared Package
ML20134A576	List: IA-85-248, Discusses 800301 Telcon W/J Mccrystal Re Investigation of Allegations Concerning Influence of Organized Crime ML20134A574 ML20134A581 ML20134A592
References
FOIA-85-248 NUDOCS 8511070413
Download: ML20134A574 (3)

Text

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[ o g UNITED STATES h 8 o NUCLEAR REGULATORY COMMISSION h  ; WASHINGTON. D C. 20555 (h

' N ... **# ocr s a tsas Robert R. Belair, Esquire Kirkpatrick & Lockhart 1900 M Street, NW IN RESPONSE REFER Washington, DC 20036 TO F0IA-85-248

Dear Mr. Belair:

This is in further response to your letter dated April 8, 1985, in which you requested, pursuant to the Freedom of Information (F0IA), copies of documents which relate to the presence and influence of organized crime at the Shoreham nuclear power plant site during construction of the plant.

The documents identified on enclosed Appendix B are being placed in the NRC Public Document Room located at 1717 H Street, NW, Washington, DC 20555 in file folder F0IA-85-248 in your name. Portions of document 3 on Appendix B have been deleted because they are outside the scope of your request.

The document identified on enclosed Appendix C contains the preliminary advice, opinions, and recommendations of the staff. Release of the document would tend to inhibit the frank and candid exchange of information in future deliberations and thus would not be in the public interest. The document is being withheld in its entirety pursuant to Exemption 5 of the F0IA, 5 U.S.C.

5552(b)(5), and the Commission's regulations, 10 CFR 69.?(a)(5). There are no reasonably segregable factual portions because release of the facts would permit an indirect inquiry into the predecisional process of the agency.

Pursuant to 10 CFR 9.15 of the Commission's regulations, it has been determined that the information withheld is exempt from production or disclosure and that its production or disclosure is contrary to the public interest. The person responsible for this denial is Mr. Ben B. Hayes, Director, Office of Investigations.

This denial may be appealed to the Secretary of 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 an Initial F0IA Decision."

This completes NRC action on your request.

Si ' rely,

[ M.o s

.M. elton, Director i

Division of Rules and Records Office of Administration

Enclosures:

As stated 8511070413 851023

! PDR FOIA

! BELAIR85-248 PDR l

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, e Re: F01A-85-248 APPENDIX B Documents Being Placed in the PDR

1. 03/05/80 Memo from Gallina to File NRC:I:D-88, subject: Shoreham Investigation. (2 pages)

2. 03/26/85 Routing and Transmittal Slip from DE to Harold D. (1 page)

3. 04/09/85 Memo from Connelly to the Commission, subject: Shoreham Construction. (1 page) t

^

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Re: F01A-85-248 APPENDIX C Document Being Withheld

1. 04/03/85 Memo from R. Keith Christopher to Ben Hayes, subject: Issues Raised During the Airing of the "60 Minutes" Television Program Pertaining to the Shoreham Nuclear Power Station. (2 pages) i I

i.

• F KIRKPATRICK & LOCKHART 1900 M STREET. N.W.

' WASHINGTON, D.C. 20036 ONE BOSTON MACE BOSTON, MA 02106 TEMPHONE C02) 452 N00 46th 935400 4

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ROBERT R. BRAIR Apri1 8, 1985 errisetson rA inn

<2cn <u-m3 <4in mm Director, I Office of Administration MMDOMOFACI.REQUCSI ,

W AN U.S. Nuclear Regulatory Commission Washington, D. C. 20555 l

i Re: Freedom of Information Act Request Fora-85. Utg Gentlemen: lM(./ d on behalf of our client, Suffolk County, we request, pursuant to the Freedom of Tnfremdtion Act, as a. .1ded , 5 U.S.C.

j 552 ("FOIA"), and the rules of the Nuclear Regulatory Commission ("NRC") issued thereunder, 10 C.F.R. Part 9, copies of all written materials in the possession or control of the NRC which relate to the presence and influence of organized crime at the Shoreham Nuclear Power Plant site during construction of'the

, plant.

In the event that access is denied to any part of the i requested materials, please supply the following information-i j~

a. Identify the withheld or deleted material and spe.tfy the statutory basis for the denial, as well as your reasons for believing that an exemption applies, as required by 10 C.F.U. 6 9.10(b).  ;

i

b. Segregate the nonexempt from the allegedly exempt

! portions of all materials and release the former, as required by

! 10 C.F.R. 9 9.5(b).

~

! 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 title or section heading; its author;

the author's title; and identification of any persons or entities l who have received copies of such materials, as required by the l . applicable' case law. Vaughn v. Rosen, 484 F.2d 820, 826-827 (D.

j C. Cir. 1973).

i d. -Separately state your reasons for not invoking your discretionary power to release the allegedly exempt materials.  !

10 C.F.R. 9.9.

! 3M7 0 / / 2_>-

KIRKPATRICK & LOCKHART 2.

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 NRC's regulation at 10 C.F.R. 9.14. If search and copying fees to be incurred by the undersigned will exceed S500, please notify the undersigned before this sum is exceeded.

We expect to receive your response to this FOIA request within ten (10) working days of your receipt of this request, as required under the FOIA and as set forth at 10 C.F.R. @ 9.8.

Sincerelh, )

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di~>{ V , i' Rbbert R'>-Belair

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