ML20195G677

Confirms Oral Agreement Settling Civil Action 87-2051.Listed Documents from Vaughn Index Will Be Released

ML20195G677
Person / Time
Site:	Comanche Peak
Issue date:	11/17/1988
From:	Mullins C NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:	Matt Young GOVERNMENT ACCOUNTABILITY PROJECT, JONES, MACK, DELANEY & YOUNG (FORMERLY DELANEY &
Shared Package
ML20195G683	List: ML20195G677 ML20195G686
References
FOIA-85-699 NUDOCS 8811300004
Download: ML20195G677 (2)

Text

• c essy UNITED STATES O 8 { NUCLEAR REGULATORY COMMISSION E 3 i usswo70N, o. c. ros3s I

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November 17, 1988 8F NS?

Marya c. Young, Esq.

Jones, Mack, Delaney & Young 25 E Streut, N.W.

Suite 710 Washington, D.C. 20001

Dear Marya:

This will confirm our oral agreement settling Civil Action 87-2051, Government Accountability Project v. NRC. Under the agreement, the NRC will exercise its discretion to release the following documents as listed in the Vaughn Index, Exhibit II to the NRC's Motion for Summary Judgment:

1. Count 1:

Document (2): Note from Charles Haughney to Bill Ecach; and Document (2) (1) : drafts of Attachment 2 ("Potential Violations) to Comanche Peak Supplemental Safety Evaluation Report 11;

2. Count 2:

Document 1(3): Draft Inspection Report 50-445/85-19 entitled "Special Unit 1 Cable Tray Support 'As-Built' Program Inspection."

and <

3. Count 4:

Document 3: Chart entitled "Potential Cases of lia ra s sment , Intimidation and Discrimination at CPSES" with analysis. .

The NRC still asserts that these documents are part of the deliberativo process and "contain the advice, opinions, and recommendations" of the NRC staff and are exempt from mandstory disclosure under Exemption 5 of the Freedom of Information Act ("FOIA"). Ilowever, after review, we have .

determined that the release of these particular documents does not damage the Concission's deliberative process. As l part of the cettlement, you have agreed to a voluntary >

dismissal of Civil Action 87-2051.  !

8011300004 801117 PDR FOIA CARDE05-699 PDR

. e I have notified the NRC's FOIA Branch of this action. The FOIA Branch will place the released documents in your client's folder in the NRC's Public Document Room and notify your client of that action by separate letter.

The NRC agrees that your request for $2,520.00 in attorneys fees and $120.00 in filing costs is reasonable. Of course, you must pursue that matter with the United States Attorney's Office. I have informed Mr. Hall that the NFC supports this request.

According to my records, this action resolyco the last of the four cases (87-2051 through 87-2054, inclusive) filed by the Government Accountability Project on July 23, 1987. Thank you very much for your cooperation in this matter.

Sin d~ rely .,

'pd0w Charles E. M llins Attorney Office of the General Counsel cc Mr. Curtis E. Hall, AUSA Assistant United States Attorney Judiciary Center Building, Room 4120 555 4th Street, N.W.

Washington, D.C. 20001

.