ML20212K928

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Appeals Denial of FOIA Request for Documents Re Contention &/Or Harassment & Intimidation Panel Assessment of Qa/Qc at Facility.Response Requested within 20 Days of Ltr Receipt
ML20212K928
Person / Time
Site: Comanche Peak  Luminant icon.png
Issue date: 03/03/1986
From: Garde B
GOVERNMENT ACCOUNTABILITY PROJECT
To: Stello V
NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
References
FOIA-85-312, FOIA-86-A-19 NUDOCS 8703090459
Download: ML20212K928 (1)


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GOV 5RNMENT ACCOUNTABluTY PROJECT 1555 Connecticut Awnue, N.W., Suite 202 Washington D.C. 20036 (202)202-8550 March 3, 1986 Victor Stello Executive Director for Operations U.S. Nuclear Regulatory Commission APPEAL OF INITIAL FOIA DtiCISiON Washington, D.C.

20555 WA-/9EOS.en) h Q g g4 APPEAL OF FOIA #85-312

Dear Mr. Stello:

This is an appeal, pursuant to subsection (a)(6) of the Freedom of Information Act as amended (5 U.S.C.

552), of the effective denial of the Commission to release documents requested on April 22, 1985 by the Government Accountability Project (GAP) regarding all summary materials provided to the contention and/or harassment and intimidation panels for their assessment of quality assurance / quality control at the Comanche Peak nuclear plant.

No response from your agency has been received in this matter since a letter dated April 30, 1985 acknowledging receipt of the request.

We expect your response to this appeal within 20 working days of your receipt so that we can determine whether to pursue this matter further in the courts.

Thank you for your consideration of this matter.

/

Sincerely,

[L Billie Pirner Garde Director, Environmental Whistleblower Clinic

$DR 9 660303 CARDE86-A-39 PDR

GOVERNMENT ACCOUNTABluTY PROJECT 1555 Connecticut Awnue, N.W., Suite 202 Washington, D.C. 20036 (202)232 8550 April 22 1985 Freedom of Information Act Request (g.EuOed 0F INN @N

)CI REQUEST s s Director Office of Administration U.S. Nuclear Regulatory Commission OM-MG2 Washington, D.C.

20555 nwL 4l3o16s TO WHOM IT MAY CONCERN:

Pursuant to the Freedom of Information Act (FOIA), 5 U.S.C.

Section 552, the Government Accountability Project (GAP) requests copics of any and all agency records and information, including but not limited to notes, letters, memoranda, drafts, minutes, diaries, logs, calendars, tapes, transcripts, summaries, inter-view reports, procedures, instructions, engineering analyses, drawings, files, graphs, charts, maps, photographs, agreements, handwritten notes, studies, data sheets, notebooks, books, tele-phone messages, computations, voice recordings, computer run-offs, any other data compilations, interim and/or final reports, status reports, and any and all other records relevant to and/or gener-ated in connection with all summary materials provided to the contentions and/or the harassment and intimidation panel for their assessment of QA/QC at Comanche Peak.

This request includes all agency records as defined in 10 C.F.R.

Section 9.3(b) and the NRC Manual, Appendix 0211, Parts 1.A.2 and A.3 (approved October 8, 1980) whether they currently exist in the NRC of ficial, " working", investigative or other files, or at any other location, including private residences.

If any records as defined in 10 C.F.R. Section 9.3a(b) and the NRC Manual, supra, and covered by this request have been destroyed and/or removed af ter this request, please provide all surrounding records, including but not limited to a list of all records which have been or are destroyed and/or removed, a description of the ac tion (s) taken relevant to, generated in connection with, and/or issued in order to implement the action (s).

GAP requests that fees be waived, because " finding the infor-mation can be considered as primarily benefitting the general public," 5 U.S.C.

552 (A) (4) (A).

GAP is a non-profit, nonpartisan public interest organization concerned with honest and open govern-mont.

Through public outreach, the Project promotes whistleblowers as agents of government accountability.

Through its Citizens Clinic,

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their. communi ties.

The Citizens Clinic is currently assisting several citizens groups, local governments and intervenors in the mid-Michigan area concerning the construction of the Midland plant.

We are requesting the above information as part of an ongoing monitoring project on the adequacy of the NRC's ef forts to protect public safety and health at nuclear power plants.

For any documents or portions that you deny due to a speci-fic FOIA exemption, please provide an index itemizing and des-cribing the documents or portions of documents withheld.

The index should provide a detailed-justification of your grounds for claiming each exemption, explaining why each exemption is relevant to the document or portion of the document withheld.

This index is required under Vaughn v. Rosen (I), 484 F.2d 820 (D.C. Cir 1973), cert. denied, 415 U.S. 977 (1974).

We look forward to your response to this request within 10 days.

Billie Pirner Garde Citizens Clinic Director

GOVERNMENT ACCOUNTABluTY PROJECT 1555 Connecticut Avenue, N.W., Suite 202 Washington, D.C. 20036 (202)232-8550 April 22 1985 Freedom of Information Act Request EggfDOM OF IMAE

_,jpWEREQUEST Director Office of Administration U.S. Nuclear Regulatory Commission

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Washington, D.C.

20555

%cL4)3o165 TO WHOM IT MAY CONCERN:

Pursuant to the Freedom of Information Act (FOIA), 5 U.S.C.

Section 552, the Government Accountability Project (GAP) requests copics of any and all agency records and information, including but not limited to notes, letters, memoranda, drafts, minutes, diaries, logs, calendars, tapes, transcripts, summaries, inter-view reports, procedures, instructions, engineering analyses, drawings, files, graphs, charts, maps, photographs, agreements, handwritten notes,. studies, data sheets, notebooks, books, tele-phone messages, computations, voice recordings, computer run-offs, any other data compilations, interim and/or final reports, status reports, and any and all other records relevant to and/or gener-ated in connection with all summary materials provided to the contentions and/or the harassment and intimidation panel for their assessment of QA/QC at Comanche Peak.

This request includes all agency records as defined in 10 C.F.R.

Section 9.3(b) and the NRC Manual, Appendix 0211, Parts 1.A.2 and A.3 (approved October 8, 1980) whether they currently exist in the NRC official, " working", investigative or other files, or at any other location, including private residences.

If any records as defined in 10 C.F.R. Section 9.3a (b) and the NRC Manual, supra, and covered by this request have been destroyed and/or removed after this request, please provide all surrounding records, including but not limited to a list of all records which have been or are destroyed and/or removed, a description of the action (s) taken relevant to, generated in connection with, and/or issued in order to implement the action (s).

GAP requests that fees be waived, because " finding the infor-mation can be considered as primarily benefitting the general public," 5 U.S.C.

552 ( A) (4) ( A).

GAP is a non-profit, nonpartisan public interest organization concerned with honest and open govern-ment.

Through public outreach, the Project promotes whistleblowers as agents of government accountability.

Through its citizens Clinic, akf0h

.e

their communities.

The Citizens Clinic is currently assisting several citizens groups, local governments and intervenors in the mid-Michigan area concerning the construction of the Midland plant.

We are requesting the above information as part of an i

ongoing monitoring project on the adequacy of the NRC's efforts to protect public safety and health at nuclear power plants.

For any documents or portions that you deny due to a speci-fic FOIA exemption, please provide an index itemizing and des-cribing the documents or portions of documents withheld.

The index should provide a detailed justification of your grounds for claiming each exemption, explaining why each exemption is relevant to the document or portion of the document withheld.

This index is required under Vaughn v. Rosen (I), 484 F.2d 820 (D.C. Cir 1973), cert. denied, 415 U.S.

977 (1974).

We look forward to your response to this request within 10 days.

Billie Pirner Garde Citizens Clinic Director e

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