ML20199F209
| ML20199F209 | |
| Person / Time | |
|---|---|
| Issue date: | 02/24/1986 |
| From: | Stello V NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | Kowalski K SQUIRE, SANDERS & DEMPSEY |
| References | |
| FOIA-85-375, FOIA-85-A-41 NUDOCS 8603270566 | |
| Download: ML20199F209 (3) | |
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(216) 687-8659 CERTIFIED MAIL Executive Director for Operations U.S. Nuclear Regulatory Commission Washington, D.C. 20555 fb' ~
/ (?847b Re: Appeal from an Initial FOIA Decision ~d FOIA-85-375
Dear. Sir or Madam:
I am writing to appeal the Nuclear Regulatory Commis-sion's initial FOIA decision date-stamped September 27, 1985, denying disclosure of two documents listed in Appendix C to that decision. The documents are:
- 1. 05/03/78 Letter to Alderson from Douglas (9 pages);
- 2. 05/10/78 Letter.to Annast from Douglas (5 pages).
The stated basis for the NRC's denial is that the docu-ments are " investigatory records compiled for law enforcement !
purposes." Because I understand that the licensee has taken i remedial measures at the site in question, the question of agency I enforcement action should be moot. There should no longer be any l need to deny disclosure of the documents in question. I Aside from the foregoing, I believe that Mr. Douglas, the author of the two letters, was not an employee of the Nuclear Regulatory Commission at the time the letters were prepared.
Thus, Mr. Douglas' letters should not be subject to the exemp-tion.
My POIA request was initially submitted to the Nuclear Regulatory Commission in May, 1985 I would appreciate a prompt response to this appeal.
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Very truly yours, Kathiann M. Kowalski
/LRM 8603270566 860224 PDR FOIA KOWALSBS-A-41 PDR s
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Kathiann M. Kowalski, Esquire Squire, Sanders & Dempsey IN RESPONSE REFER 1800 Huntington Building TO F01A-85-A-41E Cleveland,.0H 44115- (F01A-85-375)
Dear Ms. Kowalski:
This is in response to your letter dated October 25, 1985, in which you appealed Mr. J. M. Felton's letter dated September 27, 1985, which denied-in-part your Freedom of Information Act (FOIA) request for documents concerning Amax, Inc.'s.Parkersburg site. You specifically appealed the denial of two documents in Mr. Felton's September 27, 1985, letter.
Acting on your appeal, I have carefully reviewed the record in this case and have determined that one of the documents can now be released. The document listed on the~ enclosed Appendix A will be made available to you on February 28, 1986.
The dacument listed on the enclosed Appendix B has been referred to the Department of Energy for a classification review. As soon as we have the results of their review, we will make a determination as to which portions _of the document can be released, and we will notify you.
Sincerely,
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i * /~; Qg V tor Steilo, Jr. .
Acting Executive Director for Operations cc: John L. Douglas, Esquire
Re: F01A-85-A-41E APPENDIX A
- 1. 05/10/78 Letter to-Annast from Douglas v
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Re: F01A-85-A-41E APPENDIX B
- 1. 05/03/78 Letter to Alderson from Douglas 1
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