ML20196F779

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Final Response to FOIA Request for Documents Re Nov 1987 Resignation of Judge Mb Margulies from Naslp.Forwards Apps B & C Documents Which Are Also Available in PDR
ML20196F779
Person / Time
Site: Shoreham File:Long Island Lighting Company icon.png
Issue date: 02/29/1988
From: Grimsley D
NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM)
To: Belair R
KIRKPATRICK & LOCKHART, SOUTHAMPTON, NY
Shared Package
ML20195G023 List:
References
FOIA-87-869 NUDOCS 8803040186
Download: ML20196F779 (3)
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! RESPONSE TO FR EDOM OF N l'**'

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\,, j INFORMATION ACT (FOIA) REQUEST FEB 2 91988 oohu musews, vo ne.e.

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iEOVERTEa Robert R. Belair Esq. s PART 1.-RECORDS RELE ASED OR NOT LOCATED ISee checked benesi Nc agency records outnect to the reavest have been located.

No addetoral agency records subse ct to the roovest have been located.

Agency records subect to the request that s's ioecided e Apperda are already evadatdo for putAc rupecten and copyeg m the NRC Pec Document Room, X 1717 H Street, N W., Washegton, DC -

Agency records sub,ect to the roovest that a<e useetded e Appendis _ _b are beeg made avadabae for puthe e=specten and copyeg m the NRC Pubhc Dorvw ent X Room,1717 H Street, N W . Washegton, DC. m a folder under tNs FOtA number and roovester name The nonpropretary version of the proposanst that you ag'oed to accept m a telephone conve'saton we a memter of rny sta r f a now teeg made avalable for putAc especton and coymg at the NRC Pubhc Dccument Room.1717 H Street, N W , Wuhegton. DC. e a fonder unoer the FOi A number and requester name (aclosed a mformate on how you may obtac access to and the cha'ges for copyeg records placed en the NRC Potec Document Room,1717 H Street. N W., Washmgton, DC-Agency records sobrect to the request are enclosed Any apphcatde char,4 for copsu of the records provided and payaeet procedw'es are noted a the comments secton

[ EeCords subyect to the roQvest have been refe' red to anctber Federal agency (es) for rewe* and d. rect response to vow.

X M www of NRC s rese to the roovut. no fw ther acten a teng taken on appeaWw dced _haEuaIy_2hal918_(88- A-6) .

e PART 11 A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Certam informcon m the reovested records e beeg *,thhe4d from pubhc disclosur e pursvant to the FOIA eiea$ toes descreed e and for the reasoes sta Part 11. see-taons 8. C. and D. Aey re6 eased portions of the documents for whach only part of the record a beeg withhe+d a's beg made avadab6e for pubhc espectaon < 1 copyeg m the NRC Pubhc Document Room,1717 H Street. N W., Washegion, DC, e a fodder unoer thes FOI A number and roovester reme.

Comments

1. Records that are subject to Category 1 of your request are already available in the docket for Shoreham 50-322-OL-03 in the NRC PDR. (see Appendix C)
2. The records that are ideritified on enclosed Appendix B are subject to category 3 of your request.

8803040186 800229 PDR FOIA PDR BELAIRO7-069 StGNAP et0fon, orvtSCN Cr t 5 AN a gaos YM *

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RE. F0!A-87-869 APPENDIX B DOCUMEllTS BEING NTCED IN THE PDR e

DATE TO FROM SUBJECT PAGES

1. 3/3/87 R. W. Kri m E. L. Jordan Proposed Minutes of 4 the January 20, 1987 NRC/ FEMA Steering Comittee Meeting
2. 7/6/87 R. W. Krinen F. J. Congel Proposed Minutes for 3 May 27, 1987 NRC/ FEMA Steering Comittee Meeting
3. 12/8/87 Handwritten Notes E. Podolak Steering Comittee 5 Peeting

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07~009 Re: FOIA-APPENDIX C RECORDS MAINTAINED AMONG POR FILES 5

NUM8ER DATE -DESCRIPTION The following documents are maintained in the docket file for Shoreham, 50-322-OL-03, which is located in the NRC Public Document Room:and the LPDR:

1. 11/9/87 Letter from Margulie; to Judge Cotter.
2. 11/12/87 'etter from Herbert Brown to Cotter.

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3. 11/13/87 Letter from Cotter to Brown.
4. 11/13/87 Notice of Reconstitution of Board: 50-322-OL-03, 06,
5. Various Public comments regarding resignation.

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KIRKPATRICK & LOCKHART SotfrH LOBBY . 9TH FtsX* ExcMANot , tac 2 1830 M STRHT, N Y "

TASHINGTON. D C 20C k WI win 12? arc i.a urnu etwts WAM1, Ft HHI TI MPHoht c c N <xr (X'5) )?44112 Tsux e:m n ec t.1 in ou m et e so TtuCCMA LL1 N41K FTTT380RCM,,A t5222 5)'t H12) nww ROBERT lt. BEUUR (2cn M3 December 24, 1987 (REDOM OF INFORMA' DON Director, Office of Administration ACI REQUEST Nuclear Regulatory Commission Room 4210, Maryland National Bank Building

[d1A"87-8(of 7735 Old Georgetown Road b # d I2*2 8 ~M 2 Bethesda, Maryland 20814, RC: Freedom of Information Act Request Gentlemen:

On behalf of our client, Suffolk County, Long Island, New York, we request, pursuant to the Freedom of Information Act, as amended, 5 U.S.C. 552 ("FOIA"), and the rules of the Nuclear i Regulatory Commission ("NRC") issued thereunder, 10 C.F.R. ? art 9, copies of the following agency records in the possession or control of the NRC.

1. A'l documents relating to the November, 1987 resignation of Judge Morton B. Margulies from the Shoreham 50-322-OL-03 and

-06 Licensing Board and/or the appointment of Judge James P.

Gleason as Judge Margulies' replacement.

2. All documents relating to a request by the Long Island Lighting Company ("LILCO") to the members of the Nuclear Regulatory Commission dated December 18, 1987 that an of f-site amergency preparedness exercise meeting the NRC's licensing requirements be scheduled as soon as possible for the Shoreham Nuclear Power Station (excepting the December 18, 1987 request itself and the cover letter from Huuton & Williams).
3. All documents relating to meetings of the Federal Radiological Preparedness Coordinating Committee ("FRPCC") held during the period September 1, 1986 to the present, including the special meeting of the FRPCC held on December 11, 1987; and any meetings of the FEMA /NRC Steering Coc:mittee held in the period September 1, 1986 to the present, including a meeting held on December 8, 1987.

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KIRKPATRICK & l.OCKHART Director, Office of Administration  ;

Nuclear Regulatory Commission December 24, 1987 Page 2 In the event that access is denied to any of the records responsive to this request, please supply the follcwing information: '

a. Identify the record or withheld port. ion of the record and specify the statutory basis for the denial, as well as your reason for believing that an exemption applies, as required by 10 C.F.R. 5 9.10(b) . '
b. Segregate the nonexempt frem the allegedly exempt portion of any withheld records and release the for=er, as required by 10 C.F.R. 6 9.5(b).
c. Supply a detailed statement of the content of the withheld document or portion thereof, along with the date on which that document or portion thereof was written; its section heading or title; and an identification of any persons or entities who have received copies of such records er portions thereof, as required by applicable case law. Vaughn v. Rosen, 484 F.2d 820, 826-827 (D.C. Cir. 1973).
d. Separately state your reasons for not i..veking your discretionary power to release the allegedly exe:pt records or portions thereof.

The undersigned will pay charges for search time and ccpying fees, as provided by NRC rect 11ations, 10 C.F.R. 9 9.14. If search and copying fees to be incurred by the undersigned will exceed $300.00, please notify the undersigned before this sum is exceeded.

We expect to receive your response to this FOIA request within ten (10) working days of your receipt of this request, as  :

required by the FOIA, and as set forth at 10 C.F.R. 9 9.9(a).

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Robert R.

BeTair RRB/rlm

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