ML20136B036
| ML20136B036 | |
| Person / Time | |
|---|---|
| Site: | Comanche Peak  |
| Issue date: | 01/21/1985 |
| From: | Scinto J NRC |
| To: | Calvo J NRC |
| Shared Package | |
| ML20136A539 | List:
|
| References | |
| FOIA-85-59 NUDOCS 8601020406 | |
| Download: ML20136B036 (1) | |
Text
.k'. X X:t1 J d Note to Jose Calvo 1/21/85 From Joe Scinto o
Re: OELD Sign-Off on E&I SER This is simply a reminder that there were a few allegations in the testmany of Witness F that still need to be checked out in order for us to be ready for hearing.
This will probably require some suoplemental testimony (probably a small supplement to the E&I SER). Geary Mizuno is the best man to contact concerning these details, cc: Treby Mizuno Noonan R.C. Tang F0iA-85-59 e301020406 esiti
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Ms. Billie Pirner Garde Citizens Clinic Director Government Accountability Project IN RESPONSE REFER 1555 Connecticut. Avenue, NW TO F01A-85-19,
- F01A-85-33, @D Suite #202 Washington, DC 20036 FOIA-85-34
Dear Ms. Garde:
This is in regard to'your letters dated January 11,14, and 15,1985, in which you requested, pursuant to the Freedom of Information Act (FOIA), copies of all records related to the " overview, regulation, and investigation of the Cc.iancha Peak nuclear plant by any person, branch, or department of the NRC since January 9, 1984."
-r In light of recent conversations between you and NRC staff members in which you expressed your interest in records related to the current Comanche Peak Task Force activities, we are interpreting the " investigation" aspect of your requests as covering records related to the NRC Comanche Peak Task Force which was established in March 1984. We have asked the NRC staff to begin searching for all Comanche Peak Task Force documents subject to your requests.
"I With respect to the " overview" and " regulation" aspect of your requests, we have determined, after careful consideration, that these portions of your requests do not " reasonably describe" the records sought, but, rather, are broad, sweeping, indiscriminate requests for production, lacking reasonable specificity. As such, these portions of the requests fail to meet the threshold requirements of
' the FOIA (5.U.S.C. 552(a)(3)).
It is reasonable to assume that files located throughout various offices and divisions of the NRC contain records that might be considered as r:1ated to the overview or regulation of the Comanche Peak nuclear plant. We cannot, however, short of examining all NRC files, state with any degree of confidt;nce that all subject records hav: been located.
The House Report on the 1974 amendment to the FOIA provides that:
"A ' description' of a requested document would be sufficient if it enabled a professional employee of the agency who was familiar with the subject area of the request to locate the record with a reasonable amount of effort."
(H.R. Rep. No.93-876, 93d Cong.,
2dSess.1-6,1974)
As in'dicated above, much more than a reasonable amount of effort would be required to comply with your requests.
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Likewise, the Senate Report indicates that the.1974 amendments to the FOIA were not intended "to authorize broad categorical requests where it is impossible for the agency reasonably.to determine what is sought. (See Irons v. Schuvier, 465 F.2d 608 (D.C. Cir.1972))...."
(S.. Rep. No. 93-854-TR Cong., 2d. Sess.
10,1974).
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' In view of the scope and nature of yo.'ur requests,'the documentjry material being sought, and the considerations expressed above, we conclude that your requests with regard to " overview" and " regulation" do.not meet the requirements of 5U.S.C.552(a)(3). However, 'as you are aware, the vast majority of the material related to these portions of your requests are routinely made available in the NRC Public Document Room as part of the Comanche Peak docket files.
If you consider this response to be a denial of your requests, you may appeal this detemination within 30 days from the date of this letter. As provided in 10 CFR 9.11, any such appeal must be in writing, addressed to the Executive Director for Operations, 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 FOIA Decision."
We will communicate with you again as soon as the Comanche Peak Task Force has conducted a search for and review of any documents which may be subject to your requests.
Sincerely.
UFee I E J. M. Felton, Director Division of Rules and Records Office of Administration DISTRIBUTION DRR Rdg DRR Subj PGNorry ECShomaker LLRobinson
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