ML20209H479

Appeals Denial of FOIA Request for Documents Re Facility

ML20209H479
Person / Time
Site:	Fermi
Issue date:	08/19/1986
From:	Puntenney J SAFE ENERGY COALITION OF MICHIGAN
To:	NRC OFFICE OF THE SECRETARY (SECY)
References
FOIA-86-362, FOIA-86-A-150 NUDOCS 8609150263
Download: ML20209H479 (1)

Text

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%d kkh ibW SAFE ENI2GY Cold.5T;0N OF MICHIGAN P.O. .MI 331 .%

• ACE, 11C1:0tN 4'li1 3/19/86 Secretary of the Comission N OF W4tTLAL FOLA DECL U.S . tiuclear Regulatory comission .,

Washington, DC 20555 '

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Dear Secrett.ry:

This is an oppool from the I itial FotA Occision regarding FOIA r.xtuest dated it.sy F. 1986 (FOIA - E6 - 362)l The Safe Energy Coalition of Michigan requests an appeal of the decision to deny these documents. We were notified cf this denial t,y a leitter dated July 21, 1986, ti;is is a fomal appesi to that dental. Thaak Yoc.

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/& wow.w cc congrcuman John Dingell denniMer E. Puntenne tionroe County Board of Corrinissioners Executive 01 rectcr. SECGM Congressman Edward %rkey (313) 477-3441 Senator Carl f.evin Senator Donald Riegle .

littorney General Frank Kelley C,illie Garde, GAP S

S 8609150263 860819 PDR FOIA PUNTE86-A-150 PDR

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UNITED STATES E'

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;y W ASHING TON, D. C. 20555 k...../ JUL 211966 Ms.JenniferE.Pubtenney Safe Energy Coalition of Michigan )

P.O. Box 339 IN RFSPONSE RETER Monroe, Michigan 48161 TO F0lA-86-362 )'

Dear Ms. Puntennev:

l This is in further response to your letter dated May 14, 1986, in which you requested, pursuant te the Freedom of Information Act (F01/), four categcries  ;

of records regarding the Fermi plant.

The documents listed on the enclosed Appendix B centain information which "i constitutes advice, opinions and recommendations cf the staf f. This  :

information is being withheld from public dicciosure pursunt to Ex~emption (5) of the F0IA (5 U.S.C. 552(b)(5)) and 10 CFR 9.5(a)(5) cf the Comissioner's regulations. Release of this type of information would tend to inhibit the frank and candid exchange of infomiation in future deliberations and thus would not be in the public interest. There are no reasona'oly segregable factual portions because release of the facts would permit an indirect inquiry into the predecisional process of the agency.

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 this denial is John C. Hoyle, Assistant Secretary of the Comission.

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 Commission, U.S. Nuclear Regulatory Comission,

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

Additional records subject to your request are undergoing further review. We will notify you upon completion of the review.

Sincerely, I

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l Donnie 11. Grimsley, Director Division of Rules and Records Office of Administraticn

Enclosure:

As stated

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FOIA-86-262 APPENDIX B

1. 3/12/86 memo from E.L. Julian [SECY], to S.J. Chilk,

" Briefing Memo - Status Briefing on Fermi," 1 page.

2. Undated, unsigned handwritten notes from 3/12/86 Closed Commission meeting on Fermi, 5 pages.

3. 3/14/86 memo from S.J. Chilk to Cmrs., " Staff Requirements Memorandum," I page, with attached 1-page, undated, draft memo from S.J. Chilk to V. Stello, " Staff Requirements -

Status Briefing on Fermi, 2:00 P.M., Wednesday, March 12, 1986...."

4. 3/18/86 memo from S.J. Chilk to Cmrs. , " Staff Requirements Memorandum," I page, with attached I page, draft memo from .

S.J. Chilk to V. Stello, " Staff Requirements - Status "

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Brefing on Fermi, 2:00 P.M. , Wednesday, March 12, 1986...."

5. 3/20/86 memo from S.J. Chilk to Cmrs., " Staff Requirements Memorandum",1 page, with attached 1-page memo from S.J.

I Chilk to V. Stello, subject: " Staff Requirements - Status Briefing on Fermi, 2:00 P.M. , Wednesday, March 12, 1986...",

(Final is already available in the PDR, see 3/28/86 memo from S.J. Chilk, PDR ANO 8604040593)

. .c SAFE ENERGY COALITION OF MICHIGAN

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P.O. BOX 331 MONROE, MICHIGAN 48161 kay 14, 1986 PRE 2000 OF INFORMAMON Freedomo. f Informat. ion Officer .

ACT REQUEST U.S. Nuclear Regulatory Commission Washington, D.C. 20555 gyA _ g g J f L

Dear Sir /Ms. :

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i Pursuant the Freedom of Information Act. 5 USC 552 et Seq. 'as amended, the Safe Energy Coalition of Michigan hereby request material as described belows (1) All reviews and conclusions done on the Health Physics Program and department at Detroit Edison Company's Fermi 2 nuclear power plant in Konroe, County, Michigan, January, 1984 to present.

(2) All information, data, and reports on the closed meeting of karch 12, 1986 in Washington, D.C. regarding Fermi 2 i ( 3) All information and reports on the Office of Investigator and Auditor investigation on Victor Stello, birector of Operations, NRC being conducted at this time (4) All CIA reports NRC has done on Fermi 2 Pursuant, 5 USC 552 (a) (4)(A), we hereby request waiver of all fees in connection with this request "because furnishing the informa-tion can be considered primarily benefitting the general public." If any fees are to be charged in connection with this request, please notify us in advance for approval at the above address or at this telephone number 313-477-3441 or 313-477-1670. This advance notice shall not be necessary if the fees are to be less than $ 15 00 in total.

We look forward to your response within ten (10) business days after you receive this request, as specified in the Act, (FOIA). Thank you for your help in this matter.

Sincerely,,

e/w is. / /d 2// enni er E. Puntenney ruvv c u TpyT~ *

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