ML20137K013

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Requests Records Subj to Five FOIA Requests Re Facility. Requests Listed Info, Including FOIA Requests 85-26 & 85-15
ML20137K013
Person / Time
Site: Comanche Peak  
Issue date: 01/29/1985
From: Noonan V
Office of Nuclear Reactor Regulation
To: Gagliardo J, Ippolito T, Vietti A
NRC
Shared Package
ML17198A292 List: ... further results
References
FOIA-85-59 NUDOCS 8512030094
Download: ML20137K013 (6)
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UNITED STATES 3,

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JA', 2 9 1985 Docket Nos.: 50-445 and 50-446 MEMORANDUM FOR: Those on the Attached List FROM:

Vincent S. Noonan,- Director for Comanche Peak. Project Division of Licensing

SUBJECT:

FREEDOM OF INFORMATION ACT RE0 VEST We have recently) received five (5) Freedom of Information Act (FOIA) requests (copies enclosed relating to Comanche Peak. Under the FOIA, the NRC must identify all records which are subject to a request. After an FOIA request is received by the agency, no records in existence at that time may be de-stroyed. Accordingly, you should all be aware of these requests and should identify records that are in your possession and control that reasonably are asked for in these. requests. Please note the date of the requests. The FOIA request is a point-in-time vehicle for access to agency records and a request is only legally entitled to records in the possession and control of the agency on the date the request is received. Records received after that date may be volunteered to the requester, but they are not reouired to be processed or maintained.

To the extent practicable, we will respond to all FOIA requests as soon as possible. However, in planning the expenditure of time, remember the primary consideration is to assure the prompt resolution of the allegations and to protect the health and safety of the public.

The five (5) requests pending before us are as follows:

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-1.

FOIA 85-26 from Bruce Millar, Fort Worth Star _ Telegram -

d&ted January 8, 1985 (Enclosure 1)

-Request:

All preliminary drafts of the_ Technical Review Team's report regarding quality control at Comanche Peak.

Schedule: Responses should be forwarded to A. Vietti,-Mail Stop 316, no later than COB February 8,1985.

2.

FOIA 85-15 from Billie Pirner Garde, GAP - dated January 9, 1985 (Enclosure 2)

Request:

All records connected with the Qual.ity Assurance Report by the Technical Review Team about the Comanche Peak nuclear power plant.

Schedule: Responses should be forwarded to A. Vietti, Mail Stop 316, no later than COB March 29, 1985.-

3.

F01A 85 from Billie Pirner Garde, GAP - dated January 11, 1985 4.

FOIA 05 from Billie Pirner Garde, GAP - dated January 14, 1985 5.

FOIA 85 from Billie Pirner Garde, GAP - dated January 15, 1985 Letter.to B. P. Garde (GAP) from J. M. Felton (NRC) dated January 22, 1985. (Enclosure 3).

Request:

All records concerning the overview, regulation and investigation of the Comanche Peak-Nuclear Plant by any-person, branch, or department of the NRC since January 9, 1984. Please note that by letter to B. P. Garde (GAP) from J. M. Felton (NRC) dated January 22, 1985, the staff reduced the scope of this request to those records related to the NRC, Comanche Peak Task Force which was established in March 1984.

Schedule: Responses should be prepared by March 29, 1984. Your index of records should be forwarded to A. Vietti, Mail Stop 316.

The records themselves should be forwarded to P-220. The boxes must clearly identify the records they contain.

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l 1 JAN 2 91985 In responding to the FOIA requests, the following guidelines should be followed:

a.

All records which are subject to a request must be listed by date in chronological order (undated documents should be listed at the end) with a brief description of the document and number of pages.

b.

All documents, except those that can be located in the public document room, must be provided. If the document is in the public document room, you must provide the accession number. If the accession number is not provided, the document must be provided.

c.

Records containing proprietary information, the names of confidential sources, personal privacy information, law enforcement information, or other information exempt from disclosure under the FOIA should be spe-cifically marked and the exempt portions bracketed. The applicable exemption must be noted after each document, or portion of a document, being withheld. A description of records exempted from disclosure is provided as Enclosure 4.

Please note that even if a document is exempt, it must be listed and provided to the FOIA branch in the event there is an appeal request or an adjudicatory action.

d.

Where we have investigated allegations and released the Comanche Peak Technical Review Team findings, all records that have been retained in file folders necessary to support conclusions with respect to any allegation, shall be listed by allegation number and provided to the requester. If we have not released our findings, the documents must also be listed and provided to the F0IA branch but can be withheld from the requester as predecisional. (Exemption 5 for agency document and 7(a) for applicant documents),

e.

Documents which could be used to trace the identity of allegers can be withheld under exemptions 6 and 7(d) if the alleger has been granted confidentiality by the staff. (Alleger must have signed a confidentiality agreement). If the alleger has not signed a confidentiality agreement, the identity can be withheld under exemptions 6 and 7(c).

Reproduction facilities are available in the Phillips Building. An example of an FOIA request (FOIA 84-778) recently responded to by the staff is provided as Enclosure 5.

I will be preparing the memorandum to the Technical and Oper-ations Support Branch; however, you must provide to me the necessary index of documents and copies of the documents to respond to the FOIA requests. If you have any questions concerning the processing of these requests, please contact A. Vietti on x27793.

1

. JAh 2 S 1985 Questions concerning the requirements of the FGIA should be addressed tn Ed Shomaker, Attorney, OELD, on x28653 or Lyn Robinson Chief, Freedom of Information and Privacy Branch on x28133.

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Wf (tN Noon, Director for C nche P k Project Divisio of Licensing

Enclosures:

As stated cc:

A. Vietti R. Wessman E. Shomaker J. Felton L. Robinson D. Meyer J. Cawley D. Eisenhut H. Thompson H. Smith

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k D!STRIBUTION FOP THE ATTACHED MEMORANDUM DATED:

T. Ippolito Electrical Team J. Gagliardo J. Calvo, Leader A. Vietti A. Marinos R. Wessman A. Johnson W. Oliu H. Li K. Brown * (W-501)

W. Marini*

C. Poslusney (P-734)

G. Myers*

L. Lazo R. White

  • C. Haughney* (P-234)

J. Selan*

J. Zudans (P-234)

SSER Team Cygna Team R. Tang, Leader G. Bagchi, leader B. Saffel*

D. Terao C. Hofmeyer*

J. Fair T. Workinger*

P. Chen*

D. Landers

  • Test Program Team R. Keimig. Leader Civil Mechanical Team W. Smith L. Shao, Leader A. Mackley*

D. Terao D. Beahm*

S. Hou D. Jeng Coatings Team J. Tapia C. McCracken, Leader R. Hubbard*

R. Matthews R. Masterson*

C. Johnson R. Philleo*

S. Kirslis V. Ferrarini*

J. Taylor

  • C. Hofmeyer*

V. Lettieri*

P. Chen*

5. Dechsle*

E. Thompson

  • W. Wells
  • J. Devers*

B. Hodgson*

C. Richards*

J. Melonson*

D. Landers

  • R. Ciatto*

Clausen*

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P JAN 2 01985 0A/QC Team Miscellaneous Team H. Livermore, leader R. Bangart, Leader T. Conlon J. Cummins C. Hale S. Phillips L. Jackson.

D. Kelley V. Watson

  • D. Hunnicutt T. Curry
  • G. Thomas
  • V. Wenczel*

R. Vanderbeek*

D. Summers

  • F. Warren
  • M. Bullock
  • K. Ward
  • W. Wade
  • R. Evans
  • C. Morton*
8. Cloward*

E. Hill

  • B. Payne*

M. Eli*

J. Corbet*

W. Liu P. Snyder*

J. Harrison C. Oberg F. Farmer

  • M. Skow*

H. Rockhold*

R. Bonnenberg*

R. Hedderick*

R. Turner *

5. Strait *.

R. Harbron*

J. Schapker*

L. Jones

  • R. Vanderbeak*

G. Thomas

  • P. Chan*

L. Rcunds*

C. Haughney*

S. Bruske*

D. Shultz*

T. Workinger*

R. Bonnenberg*

R. Harbron*

H. Mang*

B. Evans

  • J. Corbett*

L. Jones

  • J. Melanson*

Non-Task Force (may hold task force documents)

5. Burwell i
  • NRC consultants. Censultants copies should be forwarded to the appropriate team leader. Team leader is responsible for making the NRC consultant aware of the FOIA requests and gathering the records held by NRC consultants on their team.

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MORNING EVENING SUNDAY January 8, 198S FnpDOM OF INFORMAT)Dfi AQI REQUESI, b

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Washington, D.C.

20555

Dear Mr. Felton:

This request regarding the NRC's Technical Review Team report on quality control issues at Comanche Peak nuclear power plant is made under the Freedom of Information Act, 5 U.S.C.

552.

c Please'firnish me or make available to the Star-Telegrau one copy of all preliminary drafts of the Technical Review team's report regarding quality control at Comanche Peak. This request includes all draft versions of the report regardless if the

  • study has been released in its final form.

I am prepared to pay reasonable duplication fees. Please inform me if th.e costs are going to exceed $50.

This information is of timely value and I will appreciate your responding by telephone rather than by mail. I will look forward to receiving your reply within ten business days or no later than January 25, as required by law.

Thank you for your assistance in this matter.

Yours truly, N

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400 WEST SEVENTH STREET / FORT WORTH. TEXAS 76102 / AREA CODE 817 / 336 9271

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20555 To k'ho. *: P.ty Cen:ern:

f Fursuant :: theFreed:r.cfInformaticr.Act("FOIA"),5U.S.C.!552,theGovernment A::centability Freject ('GAF") recuests c: pies of any and all a;er.:y re:cres and inf:r ttier, in:1uding but n:t limited tc notes, letters, res:randa, drafts,.

i minutes, diaries, legs, calendars, ta;ss, transcripts, sv : tries, interview re-l

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:edures, instructier.s. engineering analyses, drawings, files, graphs, i

charts, ta;s, ;h:tegraphs, agree:erts, har.d.:ritten r.:tes, studies, cata sheets, r.ctab::hs, teets, teleph:ne ressages, cer;utations, vcice reccrdings, ccrputer

. run:ffs, any c her data ce ;ilaticns, interi and/or final rep;rts, status re-

crts, ar.d any and all other reccrds relevant to and/or generated in connecticn with til ir.fcreaticn cer.nected with the 5 ality Assurar.
!e Ee;:rt by the Technical' Eeview Tet: ab:vt the Ceran:he Feak nu: lear pcwer plant.

This re:uest in:ludes all agen:y re:crds as defir.ed in 10 C.F.P., ! 5.3a(b) and the HEC Pani;t1, A;;endix C211, Farts 1. A.2 and A.3 (a;;reved 0:tcher 8,1520) whether tr.ey :;rrently exist in the I;F.C cfficial, "w:rking," investigative er cther files, r at er.y cther ic:atien, including private residences, t

l If'any re:Ords as defined in 10 C.F.R. ! 9.3a(b) and the fiEC P.anual, supra, and cevered by this request have' teen destroyed and/or re. :ved after this re;;est,

1 ease previce all'surrourdir.g reccrds, including but not limited to a list of all reccrds which have been er are destrcyed and/cr remove'd, a description of the actien(s) tahan relevant to, generated in cennecticn with, and/cr issued in.crder to ir;1erer,ttheaction(s).

GAP ret;;ests that fees be waived, because " finding the infer:ation.can be con.

r sidered at ;ri arily ber.efitting the $ereral public," 5 U.S.C. ! 552(a)(4)(a).

L GAP is a r.:n-prefit, n:n-partisar, put ic interest organi:ation concerned with h: nest an: c:er,g:vern:ent. Thr:gh ;;blic cutretch, the Prefect ;rce:,tes

.:'is.ie:*.:..ars as a;er.:s cf g:ver.ner.t accourtability. Thrc gh its Citizens Citr.ic, CU cffers assistance ;c ic:a1 ;;tlic interes; and citizens gr:v;s l

retkir.; ;; er.sg e the health ar.d safety cf their cer:.nities. The Citizens i

Clinic is currently assistir.g several citi: ens grou;1,1ccal g:vern ents and l

tr,terver.:rs in the central Te>as area con:erning the constructicn of the C; in:he Feth rgclear ;c*ier plant, i

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lf are rez.esting the. at
ce ir.fereski:r. as part of an engeir.g.:nf tering ;roje:t l

l cn t*.e adet.vacy of the !;F. 's efforts to protect ;;blic safety ar.d health at I

nz: lear ;:wer plants.

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Er.ts or ;;rticr.s -h!'
y:c deny due to a specific.'T::A ext:ptien, pleare ;r; vide an in;ex ' emizir.g ar.d describing the d:curents er p;rtions of-

.d::::tnts withheld. The inc x sh:vid provide a detailed jusitfication of your gr:unds fer clai ir.; ea:h exes; tier., typlair.ing why each er.e:pticn is relevar.:

to the de:grent or ;;rti:n of the dc:ument withheld. This inder. is required i

i vr. der ".techn v. P:sen (1), 54 F.2d 520 (D.C. Cir.1973), cert. der.ted, 415 U.S.

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  • e 1 :4 fcreard te y:ur resp:nse te this request within ten days.

Sir.:erely, t

S _ m P m _ c f.:

Eillie Pirner Garde Citizens Clinic Directer 4

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Enc osure 3 OVERNMENT ACCOUNTADILITY PROJECT 1555 Connecticut Avenue. N.W, Suite 202 (202)232 8550 Woshingron. D.C. 20036 January 11.1985 FREEDOM OF INFORMATION ACT REQUEST.

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g z.y p /t-PS Director Office of Administration Nuclear Regulatory Commission Washington, D.C.

20555 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, cinutes, diaries, logs, calsadars, tapes, transcripts, sumaries, interview re-ports, procedures, instructions, engineering analyses, drawings, files, graphs, charts, maps, photographs, agreements, handwritten notes, studies, data sheets, notebooks, bo'oks, telephone messages, computations, voice recordings, computer runoffs, any other data compilations, interim and/or final reports, status re-ports, and any and all other records relevant to and/or generated in connection with the overview, ragulation and investigation of the Comanche Peak Nuclear Plant

' by any person, branch, or department of the NRC since January 9,1984.

This request includes all agency records as defined in 10 C.F.R. I 9.3a(b) and the NRC Manual Appendix 0211. Parts 1.A.2 and A.3 (ap > roved October 8,1980) whether they currently exist in the NRC official

" wor (ing," investigative or other files, o'r at any other location, including private residences.

If any records as defined in 10 C.F.R. $ 9.3a(b) and the NRC Manual, supra and covered by this request have been destroyed and/or removed after this re We,st, please provide all surrounding records, including but not limited to a list of all records which have been or are destroyed and/or removed, a descr,iption of the 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 information can be con-sidered 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 whistleb1cwers as agents of government accountability. Through its Citizens 4

Clinic, GAP of fers assistance to local public interest and citizens groups seeking to ensure the health and safety of their communities. The Citizens Clinic is currently assisting several citizens groups, local governments and intervenors in the central Texas area concerning the construction of the Con.anche Peak nuclear power. plant.

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Director' Office of Administration January 11 j 1985 Page Two We are requesting the. above information as part of an ongoing mon'itoring 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.

The'index should provide a detailed jusitfication of your documents withheld.

grounds for claiming each exemption, explaining why each exemption is relevant This index is required to tne document or portion of the document withheld.

under Vaughn v. Rosen (I). 484 F.2d 820 (D.C. Cir.1973), cert. denied _. 415 U.S.

977(1974).

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

Sincerely, b

"LW Billie Pirner Garde

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. : COVElWMENT ACCOUNTABILITY PkOJECT

. 1555 Ccnnecwcut Aen.e. N W.. koe 202 Wohngten.DC 20036 (202)2324550 y

January 14, 1985 FREEDOW OrINFORMaTIOfi ACT REQUEST FRttDOM Or INFORFJTION ACT RIOutST

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Director Office of Administration hsclear Regulatory Comission Washington, D.C.

20555 To Whor 11 May Concern:

Pursuant to the Freedor of Information Act ("FOI A*), 5 U.S.C. i 552, the Government Accountability Prcject (* GAD *) requests copies of any anc all agency records and inferr.atior., in:1udin; bat net 1.ietted to nctes, letters, mem:rania, dra'ts, minutes, diaries, logs, calendars, tapes, transcripts, surraries, interview re.

ports, 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 re..

' ports, and any and all other records relevant to and/or generated in connection with the eterview, ragulation and investigation of the Comanche Peak huclear Plant by any person, branch, or deoartment of the NRC since January 11, 1985.

This request includes all agency records as defined in 10 C.F.R. i 9.3a(b) and the NRC Manual. Appendia 0211. Parts 1.A.2 and A.3 (apptcved October 8,1950) 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. I 9.3a(b) and the NRC Manual, suora, 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 have been or are destroyed and/or removed, a description of the action (s) taken relevant to, generated in connection with, and/or issued in order to implement the action (s).

GAF requests that fees be waived, because " finding the information can be con.

sidered as primarily benefitting the general public," 5 U.S.C. i 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. Through its Cittrens Clinic, GAP offers assistance to local public interest and citizens groups seeking to ensure the health and safety of their comunitics. The Citizens Clinic is currently assisting several citizens groups, locei governments and intervenors in the central leans area concerning the constriction of the Cor.anche Peak nuclear power plant.

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[Januarf 34, 1985

, Page Two i

We are requesting the above information as part of an ongoing m:nitoring project On tht adequacy of the M.C's ef forts to protect public safety and Nalth at nuclear power plants.

For any documents er portions that you deny. due to a specific F01 A exemption.

please provide an indte iterizing and describing the documents or portions of documents withheld. The inden should provide a detailed jusitfication of your grcunds fo* clairing each exemption, explaining why each exemption is relevant t') the document or portion of the document withheld. This inder is required under Vauen v. Rosen (!), 484 F.2d 820 (D.C. Cir.1973), cert. der.ied 415 U.S.

977 (194).

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

Sincerely, bM' 6 (th b

Billie Pirner Garde Citizens Clinic Director O

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e GONKNMENT ACCOUNTABluTY PROJECT 1555 Connecticur Awnue, N.W., Suite 202 Wcabington, D.C. 20036 (202)232 6550 January 15, 1985 FREEDOM OF INFORMATION FREEDOM OF INFORMATION ACT REQUEST FoM-1S-M

,QM //f//f Director Office of Administration Nuclear Regulatory Connission Washington, D.C.

20555 To' Whom It May Concern:

Pursuant to the Freedom of Information Act ("F0!A"), 5 U.S.C. I 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.

l minutes, diaries, legs, calendars, tapes, transcripts, svanaries, interview re-J ports, procedures, instructions, engineering analyses, drawings, files, graphs, charts, maps, photographs, agreements, handwritten notes, studies, data sheets, i

notebooks, books, telephone messages, computations, voice recordings, computer i

l runoffs, any other data compilations, interin and/or final reports, status re-ports, and any and all other records relevant *to and/or generated in connection with the overview, ragulation and investigation of the Comanche peak Nuclear Plant i

by any person, branch, or depa,rtment of the NRC since January 14, 1985.

l This request includes all agency records as defined in 10 C.F.R. I 9.3a(b) and tt.e NRC Manual Appendix 02L1, Parts 1.A.2 and A.3 (approved October 8,1980) whether they currently exist in the NRC official, " working," investigative or I

other files, or at any other location, including private residences.

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If any records as defind in 10 C.F.R. I 9.3a(b) and the NRC Manual, supra, and f

covered by this request have been destroyed and/or removed after this request, l

please provide all surrounding records, including but not limited to a list of all l

records which have been or are destroyed and/or removed, a description of the l

action (s)takenrelevantto,generatedinconnectionwith,and/orissuedinorder to implementtheaction(s).

j GAP requests that fees be waived, because " finding the information can be con-sidered as primarily benefitting the poneral public," 5 U.S.C. s $52(a)(4)(a).

t GAP is a non-profit, non-partisan pub it interest organization concerned with honest and open government. Through public outreach, the Project promotes whistleb1Dwers as agents of government accountability. Through its Citizens Clinic, GAP offers assistance to local public interest and citizens roups seeking to ensure the health and safety of their communities. The C tirens Clinic is currently assisting several citizens groups, local governments and intervenors in the central Texas area concerning the construction of the i

Comanche Peak nuclear power plant.

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Director Office nf Admi'nistration January 15, 1985 Page Two 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

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nuclear power plants.

For any documents or portions that you deny due to a specific FOIA exemption,

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please provide an index itemizing and describing the documents or portions of The index should provide a detailed jusitfication of your documents withheld.

grounds for claiming each exemption, explaining why each exemption is relevant This index is required to the document or portion of the document withheld.

under Vaughn v. Rosen (!), 484 F.2d 820 (D.C. Cir.1973), cert. denied, 415 U.S.

977 (1974).

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

Sincerely, b

'LW Billie Pirner Garde Citizers Clinic Director e

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