ML20206G926

Final Response to FOIA Request for Records Re Various Plant Aspects.Documents Subj to Request Either Available in PDR or Withheld (Ref FOIA Exemptions 3,4,5 & 7)

ML20206G926
Person / Time
Site:	Columbia, Washington Public Power Supply System, Satsop
Issue date:	04/10/1987
From:	Grimsley D NRC OFFICE OF ADMINISTRATION (ADM)
To:	Lowery J RIDDELL, WILLIAMS, BULLITT & WALKINSHAW
References
FOIA-85-78 NUDOCS 8704150199
Download: ML20206G926 (2)

Text

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- UNITED STATES j f # g NUCLEAR REGULATORY COMMISSION '

5 -l WASHINGTON. D. C. 20555 [\

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%,Jo.n.D.h.Lowery

. /e Riddell, Williams, Bullitt & Walkinshaw 4400 Seattle-First National Bank Building IN RESPONSE REFER Seattle, WA 98154 TO F0!A-85-78 APR 10 387

Dear Mr. Lowery:

This is in final response to your request under the Freedom of Information Act (FOIA), 5 U.S.C. 552 et seo., for agency records which reic+.e to various

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aspects of the Washington 7ubTc 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 FOIA 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 l Reguletory Comission (NRC) has recently completed an agency-wide search of I its files for all documents related to the WPPSS 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 FOIA 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 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 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 l 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 Comission's regulations.

41 9 870410 LOWERY 85-78 PDR l

Mr. John D. Lowery  !

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 Commission, Washington, DC 20555, and should clearly state on the envelope and in the letter that it is an " Appeal from an Initial FOIA Decision."

Sincerely, t

si w ll m l"7 Donnie H. Grimsley, Director Division of Rules & Records Office of Administration

l LAW OFFIC,5 RIDDELL. WILUAMS. BULUTT & WALKINSHAW

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./.d, FREtiDOM OF INFORMATIOlv J. M. Felton, Director ACT REQUEST Division of Rules and Records D -/[ *//

United States Nuclear Regulatory Commission Washington, D.C. 20555 b h 2-d/-f Re: Freedom of Information Act Request

Dear Mr. Felton:

Pursuant to 5 USC Section 552 we hereby request an oppor-tunity to inspect and/or copy records within your possession, 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 (WPPSS) for its Projects 1, 2, 3, 4 and/or 5.

2. Applications for construction permits by WPPSS for its Projects 1, 2, 3, 4 and/or 5.

3. Applications for extensions of the completion date of a construction permit by WPPSS for its Projects 1, 2, 3, 4 and/or 5.

4. Applications for a license by WPPSS for its Projects 1, 2, 3, 4 and/or 5.

5. To the extent not requested in paragraphs 1 through 4, appli-cations by WPPSS for any other type of authorization, permit or license pursuant to 42 USC Sections 2232 or 2235.

6. Communications between you or your personnel and WPPSS, or those speaking on its behalf, including attorneys, engineers, contractors, and consultants concerning adequacy and safety of design, engineering and/or construction of WPPSS' Projects 1, 2 , 3, 4 and/or 5.

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l J. M. Felton January 29, 1985 Page Two

7. Commun: cations between you or your personnel and WPPSS, or j

' those speaking on its behalf, including attorneys, engineers, contractors and consultants 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 types (including but not limited to the Atomic Safety and Licensing Board and the Atomic Safety and Licensing Appeal Board) relating to WPPSS' Projects 1, 2, 3, 4 and/or 5.

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9. Transcripts of any hearings held pursuant to 42 USC 2239 in

connection with WPPSS' Projects 1, 2, 3, 4 and/or 5.

10. The ability of WPPSS to finance its Projects 1, 2, 3, 4 and/or 5.

2

11. The ability, willingness and/or authority of the Participants

) to have entered into and/or complied with the terms of the Participants' Agreement providing security for WPPSS' Projects 4 and 5 bonds.

12. The need for WPPSS' Projects 4 and 5 including consideration of any alternatives to their construction.

Pursuant to 5 USC Section 552(a) (6) (A) we hereby request that the NRC respond in writing to this request within ten days af ter J

its receipt. We further request that if you deny any portion of i this request you provide a detailed statement of the reasons for

such denial and a description of all documents or portions of documents withheld.

We are willing to pay any reasonable costs associated with

, the production of these documents. Your attention to this request i is greatly appreciated.

I very truly yours, i

RIDDELL, WILLIAMS, BULLITT

& WALKINSHAW, p' /

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By V ^ .

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John D. Lowery l JDL:jh 1

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