ML20206F729

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Final Response to FOIA Request for Records Re Various Aspects of Plants.All Agency Records Available in PDR W/ Exception of Documents Subj to Withholding (Ref FOIA Exemptions 3,4,5 & 7)
ML20206F729
Person / Time
Site: Columbia, Washington Public Power Supply System, Satsop  Energy Northwest icon.png
Issue date: 04/10/1987
From: Grimsley D
NRC OFFICE OF ADMINISTRATION (ADM)
To: Klein O
SYRDAL, DANELO, KLEIN & MYRE
References
FOIA-84-645 NUDOCS 8704140348
Download: ML20206F729 (2)


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UNITED STATES g

NUCLEAR REGULATORY COMMISSION n

l WASHINGTON, D. C. 20555 7

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U Qp to G. Klein, III, Esquire j

Syrdal, Danelo, Klein & Myre 1

Suite 2400 I

Fourth & Blanchard Building APR 10 W IN RESPONSE REFER i

Seattle, WA 98121 TO F01A-84-645 j

Dear Mr. Klein:

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This is in final response to your request under the Freedom of Information Act (F0IA), 5 U.S.C. 552 et _ seq _., for agency records which relate to various aspects of the Washington 7ublTc Power Supply System (WPPSS) Nuclear Projects 1 through 5.

Several aspects of some of these projects are currently the subject of litigation styled In Re Washington Public Power Supply System Securities Litigation (MDL No. 551, W.D. Wa.).

In response to your F0IA request for agency records and several similar F0IA requests and in light of the possibility of third-party discovery of those documents in connection with the above-identified litigation, the Nuclear Regulatory Comission (NRC) has recently completed an agency-wide search of i

its files for all documents related to the kPPSS Nuclear Projects 1 through 5.

Except for documents subject to withholding under FOIA Exemption 4 (proprietary information), Exemption 3 (restricted data), and Exemption 7 (current investigatory matters), Exemption 5 (current litigation matters only) and selected formal adjudicatory records already publicly available, all agency records identified as a result of the above search (estimated to exceed 500,000 pages of documents) have been placed in the NRC Public Document Room located at 1717 H Street, N.W., Washington, D.C. 20555.

Moreover, in conjunction with activities by the United States Department of Justice, copies of these documents in a form usable in the litigation identified above have been made, and are maintained by the Portland Field Office, Civil Division, U.S. Department of Justice, 500 N.E. Multnomah Street, Suite 829, Portland, Oregon 97232, (503) 230-3102.

If you filed your F0IA request as a direct or indirect representative of a party in the litigation identified above, copies of the publicly available NRC documents pertaining to the relevant WPPSS projects may be obtained by contacting the Portland field office of the Department of Justice directly.

In addition, parties will be able to obtain through the Portland field office j.

and under protective agreement, copies of proprietary documents withheld from i

the generai public under Exemption 4 of the FOIA.

If you did not file your F0IA request as a direct or indirect representative of a party to the litigation identified above, you may obtain access to the publicly available documents pertaining to the relevant WPPSS projects j

4 through the NRC Public Document Room at the location identified above.

However, certain documents responsive to your request have been identified as containing (1) restricted data (2) confidential comercial information, (3) information pertaining to current investigative matters, and (4) information i

revealing litigative strategy of current agency interest. These records are being withheld from public disclosure pursuant to Exemptions 3, 4, 5 and 7 of the F0IA, 5 U.S.C. 552(b)(3), (4), (5) and (7), and 10 CFR 9.5(a)(4), (5) and (7) of the Commission's regulations.

t 8704140348 870410 PDR FOIA i

KLEIN84-645 PDR l

Mr. Otto Klein Pursuant to 10 CFR 9.15 of the Commission's regulations, it has been determined that the information withheld is exempt from production or disclosure and that its production or disclosure is contrary to the public interest. The person responsible for the denial of these records is Mr. C.

Sebastian Alcot, Office of the General Counsel.

This denial may be appealed to the Secretary of the Comission within 30 days from the receipt of this letter. Any such appeal must be in writing, addressed to the Secretary of the Comission, U.S. Nuclear Regulatory Comission, Washington, DC 20555, and should clearly state on the envelope and in the letter that it is an " Appeal from an Initial F0IA Decision."

Sincerely, w;< Y

~ I!L Donnie H. Grimsley, Director Division of Rules & Records Office of Administration

tar omCEs or PETER A DANElo SYRDAL, DANELO, KLEIN & MYRE goG Kgyri

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3 p,0,,33,os,t 3,,ym, co,,o,4nos DAVID E MYRE.JR SEATTU. WASHINGTON 98128 MARK $ PARAJS (206) 464 1490 BRUCE L SCHROEDEa July 27, 1984 DANIEL D SYRDAL DUANE C E00DS MICHAEL R TRINN FRm OF MAN Mr.

J.

M.

Felton Director ACT REQUEST f0D-RS 6L $

Division of Rules and Records United States Nuclear Regulatory b 8h N'h h Commission Washington, D.C.

20555 Re:

Freedom of Information Act Request of Meredith & Cohen, Dated July 20, 1984

Dear Mr. Felton:

I understand that Mr.

Bruce K.

Cohen of Meredith &

Cohen has made a Freedom of Information Act request to you, dated July 20,

1984, regarding permitting, licensing and other matters relating to Washington Public Power System Nuclear Projects 1, 2,

3, 4 and/or 5.

I request that you send to me at the above address a copy of your response to Mr.

Cohen's request. At this

point, I am interested only in the details regarding the availability of documents for inspection, any reasons for denial of Mr. Cohen's request, and the approximate volume of the documents involved. I do not wish to order copies of the documents at this time, although I may later request an opportunity to inspect the documents and/or to order copies of the documents.

Please do not hesitate to contact me if you have any questions regarding this matter.

Thank you for your assistance.

Very truly yours, SYRDAL, DANELO, i

j, m f/

KLEIN & MYRE, P.S.

Otto G.

Klein, III OGK:pfm cc:

Lead and Liaison counsel