ML20134N312

Partial Response to FOIA Request for Records Re 850516 Commission Memorandum & Order CLI-85-08 & Transcript of K Plumlee 801202-03 Interviews.Forwards App a Documents. App B Documents Withheld (Ref FOIA Exemption 5)

ML20134N312
Person / Time
Site:	Three Mile Island
Issue date:	07/18/1985
From:	Felton J NRC OFFICE OF ADMINISTRATION (ADM)
To:	Aamodt M, Kuchenberg T AFFILIATION NOT ASSIGNED
Shared Package
ML20132D012	List: IA-85-428, Lists Areas Needing Input Re Aamodt 850413 Pleading to Enable Reply ML20132D007 ML20134N312 ML20134N321 ML20134N329 ML20134N335 ML20134N338
References
FOIA-85-428 CLI-85-08, CLI-85-8, NUDOCS 8509050088
Download: ML20134N312 (4)

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.umTEb STATES NUCLEAR REGULATORY COMMISSION g c r WASHINGTON, D. C. 20555

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Mr. Thomas Kuchenberg c/o Mrs. Marjorie Aamodt 200 North Church Street IN RESPONSE REFER Parkesburg, PA 19365 TO F01A-85-428

Dear Mr. Kuchenberg:

This is in partial response to your letter dated June 10, 1985, in which you requested, pursuant to the Freedom of Information Act (F0IA), (1) copies of documents related to the May 16, 1985, Commission Memorandum and Order (CLI-85-08) denying the January 15, 1985, Aamodt Motion for Reconsideration, and (2) a full transcript of the December 2 and 3,1980, interviews of Karl Plumlee by David Gamble.

The documents identified on enclosed Appendix A are being placed in the NRC Public Document Room (PDR) located at 1717 H Street, NW, Washington, DC 20555, in file folder F0IA-85-428 in your name. With regard to item 2 of your request, no transcript was taken of the interviews of Karl Plumlee by David Gamble. However, a report of each interview was written, and those reports are being released as Documents 1 and 2 on Appendix A.

The two documents identified on enclosed Appendix B are being withheld in their entirety. The documents contain the predecisional legal analyses, opinions and recommendations between the Office of the General Counsel (0GC) and the Office of Policy Evaluation (OPE) for the Commissioners' consideration of the Aamodt motion requesting that the TMI-1 record be reopened. The documents reflect the predecisional process between 0GC, OPE and the Comissioners. The documents are exempt from mandatory disclosure pursuant to Exemption 5 of the FOIA, 5 U.S.C. 5552(b)(5), and the Commission's regulations, 10 CFR 59.5(a)(5).

Release of the documents would tend to inhibit the open and frank exchange of ideas essential to the deliberative process. The documents do not contain any reasonably segregable factual portions.

Pursuant to 10 CFP 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 James A. Fitzgerald, Assistant General Counsel.

This denial may be appealed to the Comission 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 Comission, Washington, DC 20555, and should clearly state on the envelope and in the letter that it is an " Appeal from an Initial F0IA Decision."

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The search for and review of documents that are subject to your request are continuing. We will notify you upon completion of the search and review.

Sincerely, Lv %

'k . Felton, Director Division of Rules and Records Office of Administration

Enclosures:

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Re: F01A-85-428 APPENDIX A Documents Being Placed in the PDR

1. 12/02/80 Report of Interview. (3 pages) 2, 12/03/80 Report of Interview. (1 page)

3. 01/15/85 Newspaper article from New Era. (1 page)

4. 01/16/85 Newspaper article from Atlanta Constitution. (1 page) ,

5. 01/24/85 Letter from Sharon R. Connelly, OIA, to Stephen S. Trott, U.S. Department of Justice. (1 page)

6. 04/23/85 OIA Case Summary Sheet, (1 page)

7. 04/23/85 Note from Mary Wagner to Owen Thompson, subject: TMI-1:

Aamodt April 13 Pleading. (2 pages)

8. 04/25/85 OIA Investigative Plan. (1 page)

9. 05/03/85 Memo from Frank Congel to Mary Wagner, subject: Affidavit 15, 1985 Regarding)

(12 pages Amendment to Aamodt Motion dated January

10. 06/03/85 Report of Interview. (1 page)

11. 06/14/85 OIA Verification Sheet. (1 page)

12. 06/19/85 Memorandum from Sharon R. Connelly, DIA, to Robert B. Minogue, RES. (2 pages)

13. 06/19/85 OIA Memorandum Report. (3 pages)

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Re: F01A-85-428

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APPDOIX 5 DOCUMENTS BEING WITHHELD DATE DESCRIPTION

1. March 4, 1985 SIrY-85-74 mENDorandum frm M. Malsch, Deputy General Counsel, and J. Zerbe, Dimetor, Office of Policy Evaluation, for the Ccunissioners, subject: 'IMI-l -

Aa:odt Motion for Reconsideration and Reopening of the Record, (2 pages); attachment, undated draft Comission merorandum and order, (7 pages)

2. May 10, 1985 SKY-85-74A memorandum frm M. Malsch, Deputy General Counsel, and J. Zerbe, Director, Office of Policy Evaluation, for the Ccmnissioners,

Subject:

'IMI-l -

Aanodt Motion for Reconsideration and Reopemng of the Record, (6 pages);

attachnent undated draft Cccrission mercrandum and order, with handwritten notations, (8 pages)

.