ML20206G735

Final Response to FOIA Request for Documents Re Securities Litigation of WPPSS Facilities.Search Discovered Over 500,000 Documents Available in Pdr.Some Documents Withheld (Ref FOIA Exemptions 3,4,5 & 7)

ML20206G735
Person / Time
Site:	Columbia, Satsop, Washington Public Power Supply System
Issue date:	04/10/1987
From:	Grimsley D NRC OFFICE OF ADMINISTRATION (ADM)
To:	Cohen B MEREDITH & COHEN, P.C.
References
FOIA-84-603 NUDOCS 8704150122
Download: ML20206G735 (2)

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• UNITED STATES

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-E WASHINGTON, D. C. 20555 5

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Bruce Cohen Meredith & Cohen 22nd Floor-Architects Building 17th & Sansom Streets Apg 10 SET IN RESPONSE REFER Philadelphia, Pennsylvania 19103 TO F01A-84-603

Dear Mr. Cohen:

This is in final response to your request under the Freedom of Information Act (FOIA), 5 U.S.C. 552 et _ seq _., for agency records which relate to various aspects of the Washington 7ublic 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 Commission (NRC) has recently completed an agency-wide search of its files for all cocuments related to the WPPSS Nuclear Projects 1 through

5. Except for documents subject to withholding under F0IA 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. Multncmah 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 and under protective agreement, copies of proprietary documents withheld from the general public under Exemption 4 of the F0IA.  ;

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 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) infonnation 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.

8704150122 870410 PDR FOIA COHEN 84-603 PDR

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Mr. Bruce Cohen 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 Aloot, Office of the General Counsel.

This denial may be appealed to the Secretary of the Commission within 30 days from the receipt of this letter. Any such appeal must be in writing, addressed to the Secretary of the Commission, U.S. Nuclear Regulatory Commission, 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,

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Donnie H. Grimsley, Director Division of Rules & Records Office of Administration 4

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M EREDITH & COH EN, P. C.

ATTORNEYS AT LAW 22ND TLOOR - ANCHITECTS DL*ILDING 17TH & SANSOM STREETS P H I LAD E LP H 1.A . PA .19103 JOEL C. MEREDITH (215 SO 4 -518 2 . t st:ITE Soo BRL*CE K. COH EN TELECOPIE R G35; B69-0958 los TR E H o.v7 S TP t ri STEVEN J. GREENFOGEL' sostox.MA canot

. ALso M rwarm Mass nam test; 4Ss 0193 July 20, 1984 J.M. Felton, Director Division of Rules and Records pgygg United States Nuclear g ggy Regulatory Commission Washington, DC 20555 FCIA-pg w3 Re: Freedom of Information Act Request

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Dear Mr. Felton:

P.ur s uant to 5 U.S.C. Section 552, we hereby request,

.on behalf of all plaintif fs in In Re Washington Public Power Supply System Securities Litigation (MDL No. 551, W.D.Wa.), an

• opportunity to inspect and/or copy records within your posse's-sion, custody or control, including without limitation, all documents, handwritten notes or typed memoranda which refer, relate to or incorporate the following:

(1) Applications for Limited Work Authorizations by the Washington Public Power Supply System (herein-after "the System") for its Project Numbers 1, 2, 3, 4 and/or 5.

(2) Applications for Constr uction Permits by the Sys-tem for its Project Numbers 1, 2, 3, 4 and/or 5.

(3) Applications for extensions of the completion date of a Constr uction Permit by the System for its Project Numbers 1, 2, 3, 4 and/or 5.

(4) Applications for a license by the System for its Project Numbers 1, 2, 3, 4 and/or 5.

(5) To the extent not requested in sub-paragraphs 1-4 hereof, applications by the System for any other type of authorization, permit or license pursuant to 42 U.S.C. Sections 2232 or 2235.

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'. ' M EREDITH & COH EN, P. C.

J.M..Felton, Director J uly 2 0, 1984 Page Two (6) Communications between you or your personnel on the one hand and the System or those speaking on

' its behalf, (including but not limited to, attor-neys, engineering, contracting and consulting firms), concerning adequacy and safety of design,

.. engineering and/or constr uction of the System's

, Project Numbers 1, 2, 3, 4 and/or 5.-

I (7) Communications between you or your personnel on the one hand and the System or those speaking on its behalf, (including but not limited to, attor-neys, engineering, contracting and consulting firms), concerning changes in Nuclear Regulatory Commission rules, regulations or requirements.

(8) All documents relied on or considered or filed of record in connection with any decision of the Nuclear Regulatory Commission, its Boards, Panels or other divisions of any type, (including but not limited to the Atomic Safety and Licensing Board and the Atomic Safety and Licensing Appeal Board),

relating to the System's Project Numbers -1, 2, 3,

, 4 and/or 5.

(9) Transcripts of any hearings held pursuant. to 42 U.S.C. Section 2239 in connection with the Sys-tem's Project Numbers 1, 2, 3, 4 and/or 5.

(10) The ability of the System to finance its Project N umber s 1, 2, 3, 4 and/or 5.

(11) The ability, willingness and/or authority of the Participants to have entered into and/or comply with the terms of the Participants Agreement pro-viding security.for the System's Project Numbers 4 and 5 Bonds.

(12) .The need for the System's Project Numbers 4 and-5, including consideration of any alternatives to their construction.

P ur s uant to 5 U.S.C. Section 552(a)(6)(A), we hereby i request that the NRC respond in writing to this request within  !

ten (10) days after its receipt. We f urther request that, if t

you deny any portion of this request, you provide a detailed I

M EREDITII Ci COH EN, P. C.

J.M. Felton, Director J uly 20, 1984 Page Three statement of the reasons for such denial and a description of all documents or portions of documents withheld. -

The undersigned and other plaintiffs' counsel will be available to inspect and copy these documents promptly upon their production and will pay any reasonable costs associated therewith.

appreciated.

Your attention to this request would be greatly Sincerely, MEREDITH & COREN, P.C.

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By:/ Bruce K. Cohen BKC/ jr

, cc: Paul M. Bernstein, Esquire Melvyn I. Weiss, Esquire James R. Irwin, Esq uir e Michael Mir.es, Esquire David Berger , Esquire Mark C. Rutzick, Esquire All Defendants' Lead and Liaison Counsel