ML20206E219

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Partial Response to FOIA Request for Documents.Forwards Apps G & H Documents.Records Also Available in Pdr.Portions of App G Documents Withheld (Ref FOIA Exemption 6).Documents Listed in Apps E & F Withheld (Ref FOIA Exemptions 2,5 & 7)
ML20206E219
Person / Time
Site: Grand Gulf, Cook, 05000000
Issue date: 04/09/1987
From: Grimsley D
NRC OFFICE OF ADMINISTRATION (ADM)
To: Reber P
WASHINGTON DOCUMENT SERVICE
Shared Package
ML20204G575 List:
References
FOIA-85-419 NUDOCS 8704130549
Download: ML20206E219 (10)


Text

U.S. NUCLEAR CEZULATORY COMMISSION Nac Foi.utoutst Nuust; ass FOIA-85-419

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RESPONSE TO FREEDOM OF g) lna^' APR 9 "I '^:Ti^'

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1Y INFORMATION ACT (FOlA) REQUEST s

DOCKET NUMBERISI ur spgmceNr)

REQUESTER Paul C. Reber PART l.-RECORDS RELEASED OR NOT LOCATED (See checked bones)

No agency records subject to the request have been located.

No additional agency records subrect to the request have been located.

0 are already available for public irspecten and copying in the NRC Public Document Roorn, Agency recorde subsect to the request that are identsfied in Appendix X

1717 H Street. N.W., Washington, DC.

H a,e be,ng made avaaab,e fo,,ubiec inspect n and copying in tne NRC Public Docurnent Agency records subsect to the request that are identfed in Appendix X

Room,1717 H Street, N.W., Washington, DC, in a folder under the FOIA number and requester name.

The nonproprietary version of the proposaHs) that you agreed to accept in a telephone conversaten with a member of my staff is now being made ava3able for public inspectson and coying at the NRC Public Document Room,1717 H Street, N W., Washington, DC,in a folder under this FOIA number and requester name.

Enclosed is information on how you may obtain access to and the charges for copying records placed in the NRC Public Document Room,1717 H Street, N.W., Washington, DC.

Agency records subject to the request are enclosed. Any applicable charge for copies of the records provided and payment procedures are noted in the comments section.

F.ecords subject to the request have been referred to another Federal agencyties) for review and direct response to you.

In view of NRC's response to this request, no further action is being taken on appeal letter dated PART 11.A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Certain informaton in the requested records is beng withheld from public disclosure pursuant to the FOIA exemptioes desenbod in and for the reasons stated in Part 11, sec-tions 8, C and D. Any released portons of the documents for which ordy part of the record is being withheld are being made available for public inspection and copying in the NRC Public Document Room,1717 H Street, N.W., Washington, DC, in a folder under this FOIA number and requester name.

y Comments Please note that documents 068 and 069 are final reports of investigations. We have been informed by the staff that there are approximately eight feet of background documents related to these reports.

If, following your review of these reports, you have any further interest in the subject matter, please submit another F0IA J

request for additional records related to those reports.

Also, our responses to the following requests identified records either directly or peripherally related to the subject of your request.

These records are available for public inspection and copying at the PDR in folders for these requests:

F01A-85-185, CUNNINGHAM F01A-85-186, CUNNINGHAM F01A-85-187, CUNNINGHAM ssGhd)7unt. DantCTom. O stoN opputes AND RECOROS fd d, U Ah, F.

PR p-409 i

REBERB5-419 pyg NRC FORM 444 trert si is es

0' E FREEDOM OF INFORMATION ACT RESPONSE FOtA NUMBE?tSI: FOIA-85-419 ortE:

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PART ' 5-APPLICABLE FOIA EMEMPTIONS 4

Records subject to the request that are described in the enclosed Appendices E. F. & G are being withheld in their entirety or in part under FOIA Eaernptions and for the reasons set forth below pursuant to 5 U.S.C. 562(b) and 10 CFR 9.5(a) of NRC Regulations.

1. The withheld information is properly classsfied pursuant to Executwe Order 12356 (EXEMPTION 1)

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2. The withheld information relates solely to the internal personnel rules and procedures of NRC. (EXEMPTION 2)
3. The withheld information is specifically exempted from pubhc disclosure by statute indicated: (EXEMPTION 31 Secten 141145 of the Atomic Energy Act which prohibits the disclosure of Restncted Data'or Formerfy Restncted Data (42 U.S.C. 21612166).

Section 147 of the Atomic Energy Act whch prohituts the declosure of Unciassified Safeguards Information (42 U.S.C. 2167).

4. The withheld information is a trade secret or commercial or financial information that is being withheld for the reason (s) ind6catad: (EXEMPTION 4)

The information is considered to be confidential business (propnetaryl information.

The information is considered to be propnetary informaton pursuant to 10 CFR 2.30(d)(1).

The information was submitted and received in confidence from a foreign source pursuant to 10 CFR 2.790(d1(2).

5. The withbeid informaton conosts of interagency or intraagency records that are not available through discovery dunng litigation. Dectosure of predecisional information would tend to inhitHt the open and frank exchange of ideas essential to the deliberative process. Where records are withheld in their entirety. the facts are inextricably intertwined with the predecisonalinformation. There also are no reasonablv segregable factual portons because the release of the facts would permit en X

indwoct inquiry into tne predecreonal process of the agency. (EXEMPTION b X

'"*"""d'"**""**d*'""d'"""*"di'"*"'d""****d'""**"'"d'"'n f pers nel privacy. (EXEMPTl N 6)

X 7 '"* """d '"' '** " **"** '"*8

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'd' * **d ' ' '** '"' **"' '" '"d 6"8 *'thheld for the reas n(s) indicated.' t EX E M PTION 7)

Desclosure would interfere with an enforcement proceeding because it could reveal the scope, dwection, and focus of enforcement efforts. and thus could X

possitWy allow them to take action to shield potential wrongdoing or a violation of NRC requrements from investigators. IEXEMPTION 7(A))

Disclosure would constitute an unwarranted invasion of personal privacy (EXEMPTION 7tC))

The information consists of names of individuals and other informaton the disclosure of which would reveal identities of confidental wurces. (EXEMPTION 71D))

PART tl C-DENYING OFFICIALS Pursuant to 10 CFR 9 9 and!or 9.15 of the U S. Nuclear Regulatory Commesson regulatons. it has been determined that the informaton withheld e exempt from production or disclosure.

and th;t sts production or disclosure as contrary to the public interest. The persons responsible for the denial are those officials identifed below Ss denying officials and the Director.

Devision of Rules and Records. Office of Administration, for any denials that may be appealed to the Executive Drector for Operations stoot DENYING OFFICIAL TITLE / OFFICE RECORDS DENIED APPELLATE OFFICIAL Director Office of 5'c '""

s Mr. James M. Taylor Inspection & Enforcement Appendix E X

Assistant Secretary Mr. John C. Hovie of the Commission Appendix F X

Regional Administrator Mr. James G. Kenoler Region III Aooendix G X

PART ll D-APPEAL RIGHTS The denial by each denying official Identified in Part ll.C may be appealed to the Appellate official identified in that section. Any such appeal must be in writing and must be made within 30 days of receipt of this response. Appeals must be addressed as appropriate to the Executive Director for Operations or to the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20665, and should clearty state on the envelope and in the letter that it is an " Appeal from an Initial FOIA Decision."

nac Fopu ses apert a U.S. NUCLEAR REGULATORY COMMISSION isasi FOIA RESPONSE CONTINUATION

+-

F01A-85-419 Appendix 0 Records Maintained in the PDR D64 8/28/81 Letter to Denton from Dale (3 pages)

Accession No. 8108310482 D65 8/19/83 Memo to R. F. Fraley from W. J. Dircks,

Subject:

ACRS Concerns Regarding Waterford-3 Training (1 page), w/ attachment:

(PDR Accession No. 8308300524 - Letter w/ enclosures available in NRC PDR) (16 pages)

D66 12/28/83 Memo to Gilinsky from Dircks,

Subject:

Grand Gulf Operator Qualifications (18 pages) Accession No. 8401060344 PDR/AD0CK/50-416V D67 10/1/85 Letter to Markey from Palladino w/o enclosures (2 pages)

Ac;ession No. 8611030317 PDR/F01A-85-661/Wisenberg D68 3/5/84 Report of Investigation (Sanitized Version), Grand Gulf Nuclear

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Power Plant-Possible Deliberate and Willful Material False Statements Regarding R0 and SR0 License Examination Applications, Case No. 2 83-037 by R.H. Burch, Investigator, Region II, Consisting of the following Records: (Volume I; 337 pages and Volume II; 264 pages) Accession No. 8508080034 PDR/A00CK/50-416Q D69 7/13/84 Report of Investigation (Sanitized Version), Grand Gulf Nuclear Power Plant-Possible Falsificatio. of Mechanical Maintenance Training Records, Case No. 2-84-005 by R.H. Burch, Investigator, Region II (82 pages), Consisting of the Following Records:

A7/13/84 Report of Investigation (37 pages) Accession No. 8508080011 PDR/ADOCK/50-416Q B2/16/84 Memo for Vorse from O'Reilly,

Subject:

Request for Investigative Assistance: Grand Gulf Nuclear Plant (Case No.

RII-84-A-0023) w/ enclosures (7 pages) Accession No. 8508080015 PDR/ADOCK/50-416Q C2/24/84 Mer.o for Verrelli from Burch,

Subject:

Concerns Expressed by Confidential Source During 01 Interview (2 pages) Accession No.

85089 ]018 PDR/AD0CK/50-416Q D2/11/84 Letter to O'Reilly from McGaughy,

Subject:

Review of Training Not Included Within Scope of Recertification Program w/ enclosures (7 pages) Accession No. 8508080022 PDR/AD0CK/50-416Q E4/2/84 Memo for Burch thru Lewis from Verrelli w/ enclosures (11 pages)

Accession No. 8cC5080025/PDR/AD0CK/50-416Q F3/27/84 Repm t No. 50-416/84-07, Inspection on February 16-March 9, 1984, w/ enclosures (18 pages) Accession No. 8405300595 PDR/ADOCK/50-416Q D70 3/5/85 SECY-85-78, for Commissioners from Dircks,

Subject:

Report on Assessment of Job-Related Qualifications for Nuclear Power PlantOperators(4pages) Accession No. 8508080485 PDR/F0!A-85-434/Barkus

-F01A-85-419 Appendix E Records Withheld in Their Entirety By Mr. James M. Taylor, Director, Office of Inspection and Enforcement, Pursuant to F0IA Exemption (5)' & (7)(A)**

1.

Undated Draft Enforcement Package - Revised CP PKG Grand Gulf (9 pages) 2.

Undated Draft Enforcement Package - Revised CP PKG Grand Gulf (9 pages) 3.

3/9/84 Draft Enforcement Package (4 pages) 4.

3/25/84 Note to Dircks, EDO, Executive Director, from Taylor, Director, IE,

Subject:

Proposed Enforcement Action for Mississippi Power and Light Company (Grand Gulf) (2 pages) 5.

10/29/84 SECY-84-209. Memorandum for the Commissioners from Dircks,

Subject:

Proposed Enforcement Action (EA-84-23) for Mississippi Power and Light Company (Grand Gulf) for Material False Statements Regarding Operator Qualification Cards (14 pages) 6.

9/21/84 Memo for Hayes, 01, from DeYoung, IE,

Subject:

Proposed Enforcement Action (EA-84-23) for Mississippi Power and Light Company (Grand Gulf) for Material False Statement Regarding Operator Qualification Cards (SECY-84-209) (14 pages)

Subject:

Proposed Civil Penalties Action (EA-84-23) for Mississippi Power and Light Company (Grand Gulf) (12 pages)

Subject:

Proposed Enforcement Action (EA-84-23) for Mississippi Power and Light Company (Grand Gulf) for Material False Statements Regarding Operator Qualification Cards (SECY-84-209)(15pages) 9.

7/13/84 Memo for Palladino from Dircks,

Subject:

Grand Gulf Civil Penalty Package (SECY-84-209) (9 pages)

10. Undated Notes on Grand Gulf Escalated Enforcement, RE, Operator Qualification Cards Material False Statements (2 pages)

F01A-85-419 Appendix F Records Withheld in Their Entirety By Mr. John C. Hoyle, Assistant Secretary of the Comission, pursuant to F0IA Exemption (2)* and (5) 1.

2/29/84 Memo for the Commissioners from Gilinsky, Subj: Grand Gulf Low Power '_icense (2 pages)

  • 2.

5/30/84 Memo to Chilk from Joosten, SECY-84-209 - Proposed Civil Penalties Action (EA-84-23) for Mississippi Power and Light Company (Grand Gulf); (1 page)

  • 3.

6/1/84 Memo to Commissioners from Chilk, SECY-84-209 - Proposed Civil Penalties Action (EA-84-23 for Mississippi Power and Light Company (Grand Gulf); (1 page) 4.

6/3/84 Vote Sheet of Palladino on SECY-84-209 (1 page) 5.

6/6/84 Vote Sheet of Roberts on SECY-84-209 (1 page) 6.

6/11/84 Vote Sheet of Asselstine on SECY-84-209 (2 pages)

  • 7.

6/12/84 Memo to Gilinsky and Bernthal from Chilk 8.

6/14/84 Vote Sheet of Bernthal on SECY-84-209 (1 page) 9.

6/14/84 Revised Vote Sheet of Asselstine on SECY-84-209 (2 pages)

10. 6/21/84 Vote Sheet of Gilinsky on SECY-84-209 (2 pages)
11. 6/22/84 Memo for Dircks from Chilk, Subj: SECY-84-209 - Proposed Civil Penalties Action (EA-84-23) for Mississippi Power and Light Company (Grand Gulf) (6 pages) 12.

6/22/84 Memo to Chilk from Dircks (Secy-84-209 - Proposed Civil Penalties Action (EA-84-23 for Missippippi Power and light Company (Grand Gulf); (1 page) 13.

7/13/84 Memo to Palladino from Dircks, Subj: Grant Gulf Civil Penalty Package ( SECY-84-209) (9 pages)

14. 8/1/84 Memo for Dircks from Chilk, Subj: Staff Requirements -

Discussion of Investigaton and Possible Enforcement Action, 1:30,7/26/84, Comissioners' Conference Room, DC Office (Closed - Ex. 5 and 7) (Part I - 01 and ED0 Staff) (1 page)

15. 8/1/84 Vote Sheet of Roberts on SECY-84-209A (1 page)
16. 8/6/84 Vote Sheet of Zech on SECY-84-209A (1 page)

F01A-85-419

  • 17. 8/8/84 Memo to Palladino and Bernthal from Chilk SECY-84-209A - Grand Gulf Civil Penalty Package (1 page)
18. 8/8/84 VoteSheetofZechonSECY-84-209A(1page)
19. 8/8/84 Vote Sheet of Bernthal on SECY-84-209A (1 page)
20. 8/8/84 Notation Vote to Chilk from Asselstine Subj:

SECY-84-209A Grand Gulf Civil Penalty Package (SECY-84-209) (1 page)

21. 8/10/84 Note to Palladino from Garner regarding SECY-84-209A - Deferral of Grand Gulf Civil Penalty Package (SECY-84-209) (1 page)
22. 8/12/84 Vote Sheet of Palladino on SECY-84-209A (1 page)
23. 8/16/84 Memo for Commissioners from Dircks and Hayes,

Subject:

Letters to Department of Justice and Licensees re: Grand Gulf Enforcement a

Action (SECY-84-209) and D.C. Cook Enforcement Action (SECY-84-259)

(5 pages) 24.

11/13/84 Notation Vote to Chilk from Zech (1 page) 25.

11/14/84 Notation Vote to Chilk from Bernthal (1 page) 26.

11/20/84 Memo to Palladino and Roberts from Chilk - SECY-84-420 -

Proposed Enforcement Action (EA 84-23) for Mississippi Power and Light Company (Grand Gulf for Material False Statements Regarding Operator Qualification Cards (SECY-84-209) (1 page)

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27.

11/20/84 Vote Sheet of Asselstine on SECY-84-420 (1 page) 28.

11/21/84 Vote Sheet of Roberts on SECY-84-420 (1 page) 29, 11/23/84 Note to Palladino from Garner Regarding SECY-84-420 - Proposed Enforcement Action (EA-84-23) for Mississippi Power and Light Company (Grand Gulf) for Material False Statements Repages)garding OperatorQualificationCards(SECY-84-209)(2 30.

11/25/84 VoteSheetofPalladinoonSECY-84-420(1page) 31.

11/28/84 Memo to Commissioners from Chilk - Staff Requirements Memorandum - (1 page) with Attached (1 page) draf t Memo to Dircks from Chilk, SECY-84-420 - Proposed Enforcement Action (EA-84-23)forMississippiPowerandLightCompany(GrandGulf) for Material False Statements Regarding Operator Qualfication Cards (SECY-84-209) 32, 12/5/84 Memo for Hayes from Palladino,

Subject:

Need for Recommendation on Information That Can be Released Regarding the Grand Gulf Matters (2 pages)

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33.

12/7/84 Memo to Palladino from Hayes, Need for Recommendation on j

Infonnation That Can Be Released Regarding Grand Gulf Matters j-(2 pages)

' 34.

12/12/84 Palladino Draft of Memo to Dircks from Chilk SECY-84-420 -

1-Proposed Enforcement Action (EA 84-23) for Mississippi Power and Light Company (Grand Gulf) for Material False Statements Regarding Operator Qualification Cards (SECY-84-209) (1 page)

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35.

12/14/84 Memo to Hayes from Palladino D0J Referrals (2 pages) i 36.

12/17/84 Memo to Commissioners from Chilk - Staff Requirements Memorandum (1 page) w/ attached (1 page) Draft Memo to Dircks from Chilk,'SECY-84-420 - Proposed Enforcement Action (EA 84-23) for Mississippi _ Power and Light Company (Grand Gulf) for Material-i False Statements Regarding Operator Qualification Cards 1

(SECY-84-209) 37.

12/20/84 Letter to the Honorable Edward Markey, Chairman, Subcommittee i

on Oversight and Investigations, Comittee on Interior and i

Insular Affairs, U.S. House of Representatives from Palladino_

(18pages) i 38.

12/21/84 Memo for Dircks from Chilk,

Subject:

SECY-84-420 - Proposed Enforcement Action (EA-23) for Mississippi Power and Light Company (Grand Gulf) for Material False Statements Regarding OperatorQualificationCards-(SECY-84-209)(1page) 4 j

39. Undated Marginal Notes of Austin on SECY-84-420 - Proposed Enforcement Action (EA-23) for Mississippi Power and Light Company-(Grand i

Gulf) for Material False Statements Regarding Operator j

Qualification Cards (SECY-84-209) (12 pages) 1 j

40. Undated Marginal Notes and Comments of Austin on 10/19/84 OIA report, j

Congressman Markey's Letter dated 7/27/84 Regarding Region II j

Actions Relating to Grand Gulf _ Nuclear Station (23 pages) 41.

2/1/85 Memo to Palladino from Magee Regarding Status of SECY-84-209 and SECY-84-420 (1 page) 4

42. Undated HandwrittenNotesfromPalladino'sOfficeFiles(PI-NC)on SECY-84-209A,SECY-84-212andSECY-84-212A'(2pages) i
43. 3/29/85 Vote Sheet of Zech on SECY-85-93 (1.page).
44. 4/15/85 Vote Sheet of Palladino on SECY-85-93 (1 page)
45. 4/17/85 VoteSheetofRobertsonSECY-85-93(1,page) i j
46. 4/19/85 VoteSheetofAsselstineonSECY-85-93(1page) j

F01A-85-419

47. 4/19/85 Memo to Commissioners from Asselstine (COMJA-85-5), SECY-85 OGC Review of OIA Report on Region II's Handling of Grand Gulf Issues (1 page)
48. 4/22/85 Memo to Asselstine from Zech (COMJA-85-5) SECY-85 OGC Review of OIA Report on Region II's Handling of Grand Gulf Issues (1 page)
49. 4/25/85 Memo to Asselstine from Roberts (COMJA-85-5) SECY-85 OGC Review of OIA Report on Region II's Handling of Grand Gulf-Issues (1 page)
50. 4/26/85 Vote Sheet of Bernthal on SECY-85-93 (1 page)
51. 4/29/85 Memo to Connelly from Asselstine 10/19/84 OIA Report on Grand Gulf (2 pages)
52. Undated Vote Display on SECY-85-93 (2 pages) 53.

5/28/85 Memo to Commissioners from Chilk (COMJA-85-5) Staff Requirements Memorandum, (1 page) with (1 page) Attached Draft Memo with Handwritten Notes to Asselstine from Chilk (COMJA-85-5) SECY-85-93

- OGC Review of OIA Report on Region II's Handling of Grand Gulf Issues 54.

6/3/85 Memo to Asselstine from Chilk COMJA-85 SECY-85-93 -- OGC Review of OIA Report on Region II's Handling of Grand Gulf Issues (1 page) 1 4

F01A-85-419 i

L APPENDIX G Record With Portions Withheld by Mr. James' G. Keppler

. Regional Administrator, Region III, Pursuant to FOIA Exemption' (6)

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5/3/84 Donald C. Cook Condition Report (14 pages) 4 4

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F01A-85-419 Appendix H Record Being Held in PDR Folder 4

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H1 4/25/84 Facsimile Transmitted from J. M. Puckett, Region II to Jane A. Axelrad, IE (1 page) 4 i

.i' H2 12/13/83 Memo to Dircks from Gilinsky,

Subject:

Grand Gulf Operator j

Qualifications (2 pages) i 4

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918 16th Street Suite 400 Washington. D.C. 20006 - (202) 789 0116/0117 June 12,1985 W N TR)N m naquest

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BY BAND Mrs. Patricia G.

Norry g/

J g/ g Director Office of Administration Nuclear Regulatory Commission j

3775 Old Georgetown Road 4th Floor Bethesda, Maryland FREEDOM OF INFORMATION ACT REQUEST

Dear Mrs. Norry:

This is to request the disclosure of copies of the fol-lowing materials available from your agency under the Freedom of Information Act (FOIA), 5 U.S.C. S 552, and the implementing of the Nuclear Regulatory Commission (NRC), 10 C.F.R. Part 9, Sub-part A:

(1)

Inspection reports, memoranda, correspondence, studies, Notices of Deviation, Notices of Viola-tion, and other documents promulgated or received by the NRC or any office thereof which refer or Telate to a control room operator, licensed opera-tor, or licensed operator candidate " qualification card's (2)

Documents reflecting the NRC or NRC staff's reac-tion or response to, follow-up or review of, or recommendations regarding any nuclear operations facility's utilization of (or its failure to properly utilize or require completion or utiliza-tion of) the qualification card referred to in the preceding paragraph.

Mrs." Patricia G. Norry 2-June 12, 1985 As you know, the Freedom of Information Act requires that you respond within ten working days.

In an effort to expe-dite Nuclear Regulatory Commission processing of this request, I would be willing to discuss specific instances of withholding, deletions or other exemption claims in advance of a final deci-sion by your agency.

If any portion of this request is denied, I would like a detailed statement of the reasons for withholding any document and an index or similar statement identifying the documents with-held.

See Vaughn v. Rosen, 484 P.2d 820 (D.C. Cir. 1973), cert.

denied, 415 U.S.

977 (1974).

In accordance with your regulations and the FOIA, I agree to pay all reasonable search and copying charges upon pre-sentation of an invoice, along with the furnished documents.

If the total charges will exceed $200.00, please advise me of the estimated expense before it is incurred.

Sincerely, Paul C. Reber i

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