ML20134D582

Final Response to FOIA Request for Documents Re Wh Zimmer Nuclear Power Station.Forwards Computer Printout of Document.W/O Encl.Documents Contained in Ofc of Investigation Files Withheld (Ref FOIA Exemptions 5 & 7)

ML20134D582
Person / Time
Site:	Zimmer
Issue date:	07/31/1985
From:	Felton J NRC OFFICE OF ADMINISTRATION (ADM)
To:	Urman K BERGER & MONTAGUE
References
FOIA-83-655 NUDOCS 8508190277
Download: ML20134D582 (1)

Text

,

( UNITED STATES h e o NUCLEAR REGULATORY COMMISSION t p W ASHINGTON, D. C. 20555

% ,,,,, / M 81 35 Ms. Karen S. Orman Berger and Montague, PC 1622 Locust Street IN RESPONSE REFER Philadelphia, PA 19103 TO F01A-83-655

Dear Ms. Orman:

This is the final response to your letter dated November 7,1983, in which you requested, pursuant to the Freedom of Information Act (F0IA), documents concerning the William H. Zimmer Nuclear Power Station.

The documents listed on the enclosed computer printout were located in the Office of Investigations (01) as of February 27, 1984. Since that time approximately 15 inches of documents have been added to the files. As you may know, certain matters concerning Zimer have been provided to the Department of Justice. All of the documents contained in the 01 files concerning the William H. Zimmer Nuclear Power Station are being withheld from public disclosure pursuant to Exemptions (5), (7)(A), (7)(C), and (7)(D) of the F0IA (5 U.S.C. 552(b)(5), (7)(A), (7)(C), and (7)(D)) and 10 CFR 9.5(a)(5), (7)(i),

(7)(iii), and (7)(iv) of the Commission's regulations. These records are withheld in their entirety because they are predecisional in nature or their release could cause an unwarranted invasion of personal privacy, disclose confidential sources, or interfere with an ongoing enforcement proceeding.

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 Ben B. Hayes, Director, Office of Investigations.

This denial may be appealed to the Commission with 30 days frcm 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."

Sin rely, e

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

Enclosure:

As stated 8508190277 850731 PDR FOIA ORMAN83-655 PDR

Law Orrects BERGER 6 MoNTAGU E, P.C.

oavio et noc e mamoso st eoc a 8622 Locust Star rt

= Lacoat wo%*aout so wamach o =utto, PwaLaottawan PE NNsvt vaNia 19103 STAhhET e woLFC m a na.6 6 o cav'oor r s2 51 875 3000 c=tmart a s a v e tt dan'EL st oot e TEtta83e 300 Jav mongst stigrgg tggg comig a saisi 373 302S gasv t Cantos EsCmanD L temsNGER MowanDe Lahage o a ~, e t La m. i~ ..e ManteN 8 twgessy E CTE m o st aMaha TCDD S CoLish$

CUTMahht GonDON weitta 3 Dime CT AL AN M SANDa&S Diak Nuw S t.

.am a a o mni~o in..i .7. 3 0 av g e m g h D mawos 28 PAtesCta a FahEkki November 7, 1983 FREEDOM OF INFORMATION Freedom of Information Act Officer ACT. REQUEST U. S. Nuclear Regulatory Commission Washington, D.C. 20555 g{

Re: Freedom of Information Act g h // - /O Y3 Request Pertaining to Cincinnati Gas & Electric Co. and the William H. Zimmer Nuclear Power Station '

}

Dear Sir or Madam:

{

Pursuant to 5 U.S.C. 5552, the Freedom of Information Act, we request that you make available for our inspection and copying all documents not available in the Public Reference Room referring or related to any informal and/or formal investigation pending by the U. S. Nuclear Regulatory Commission of Cincinnati Gas & Electric Co. and/or the William H. Zimmer Nuclear Power Station. Also, if any such investigation is pending, please advise us as to whether it is formal or informal and its current status.

We are counsel to shareholders who seek to represent a class in actions which allege violations of Sections 10 (b) ,

11 and 20 of the Securities and Exchange Act of 1934 and Rule 10b-5 promulgated thereunder (Rubin, et al v. Dickhoner, et al, No. C-1-83-1721 (S.D. Ohio W.D.); Peller v. Cincinnati Gas & Electric Company, et al, No. C-1-83-1761 (S.D. Ohio W.D.)). The plaintiffs allege, inter alia, misrepresentations and omissions of fact by Cincinnati Gas & Electric Co. with respect to the construction of the William H. Zimmer Nuclear Power Station.

L \ 4 r\,d t , rf t r a t

- ~ n N\ '

. S c no ts & M'O NTAG U E, P. C..

4 Freedom of Information Act Officer Page 2 November 7, 1983 Access to the material requested in this letter would be of tremendous assistance to us in prosecuting this civil f action. Moreover, the public interest in encouraging private enforcement of the federal securities laws by individuals acting as private attorneys general would be furthered in 3

allowing us access to these materials.

Very truly yours, BERGER & MONTAGUE, P.C.

By: d4]A1, Nid d Karen S'. Orman and WAITE, SCHNEIDER, BAYLESS

& CHESLEY and GENE MESH CO., LPA and i

ABBEY & ELLIS KSO:pmp r

A 9

4