ML20214T072

Responds to Appeal Re Denial of FOIA Request for List of Records Concerning Rule Published in Fr on 850801 & 1001, Amending 10CFR9.4.No Addl Records Re Individuals Named in 860912 Appeal Found

ML20214T072
Person / Time
Issue date:	12/03/1986
From:	Stello V NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To:	Reytblatt Z ILLINOIS INSTITUTE OF TECHNOLOGY, CHICAGO, IL
References
FOIA-86-482, FOIA-86-A-192 NUDOCS 8612080469
Download: ML20214T072 (1)

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Associate Professor DEC 3 W Department of Mathematics IN RESPONSE REFER Illinois Institute of Technology T0 86-A-192 Chicago, IL 60616 (F01A-86-482)

Dear Dr. Reytblatt:

This is in response to your letter dated September 12, 1986, in which you appealed Mr. Donnie H. Grimsley's letter dated August 1, 1986, which providad a list identifying 11 records subject to your Freedom of Information Act (F0IA) request for a list of records in the NRC's possession related to the rule published in the Federal Register on August 1, 1985, and October 9, 1985, amending 10 CFR 9.4. Your appeal letter states that Mr. Grimsley's letter contains only a partial list of requested records because the list does not identify records related to Messrs. Hoefling, Bernero, Rehm, and Denton as instigating or participating in the amendment.

Acting on your appeal, I carefully reviewed the record in this case and determined that the four individuals you named in your appeal letter were not directly involved in the preparation nor publication of the subject rule amending 10 CFR 9.4. Therefore, there are no additional subject records related to the four named individuals; and your appeal is denied.

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- s AUG 1 1986 Dr. Zinovy V. Reytblatt Department of Mathematics Illinois Institute of Technology IN RESPONSE REFER Chicago, IL 60616 TO F01A-86-482

Dear Dr. Reytblatt:

This is in response to your letter dated June 21, 1986, in which you requested.. pursuant to the Freedom of~Information.Act (F0IA),'a list of . .

records in the NRC's possession related to a rulemaking action in Octob'er 1985 which modified.section 9.4 of 10'CFR.

The list you requested is enclosed.

Sincerely, Donnie H. Grimsley, Director Division of Rules and Records Office of Administration

Enclosure:

As stated w

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, APPENDIX LIST OF RECORDS REGARDING 10/85 CHANGE IN 99.4 0F 10 CFR

1. Undated Handwritten notes pertaining to 99.4 (2 pages)

2. July 16, 1985 Routing and Transmittal Slip to 4 named individuals re: Request for Concurrence on Minor Clarifying Amendments to 10 CFR Part 9, with attached memorandum for William J. Dircks from Patricia G. Norry, Weekly '

Report to the Commission, and draft Federal Register notice (10 pages)

3. Undated Manuscript version of Proposed Rule (5 pages)

4. July 23, 1985 Memorandum for William Dircks from Patricia G. Norry, re: Minor Clarifying Amendments to 10 CFR Part 9 (3pages)

5. July 26, 1985 Letter to Jerry T. Lawson from 'J. M. Felton, re:

Transmitting the Proposed Rule to SBA (without enclosure)

(1 page)

6. July 26, 1985 Memorandum for Tom Combs from J. M. Felton, re: Federal Register notice (without enclosure) (1 page)

7. August 1, 1985 Federal Register notice, publication on 50 FR 31192 of Proposed Rule amending 10 CFR Part 9 (1 page)

8. September 25, 1985 Memorandum for William Dircks from Patricia G. Norry, re: Minor Clarifying Amendments to 10 CFR Part 9, with attached Daily Staff Notes and Federal Register notice (7 pages)

9. October 8, 1986 Letter to the Honorable Edward J. Markey from Patricia G. Norry, re: Transmittal of Federal Register notice (without enclosure) (1 page) ~

10. October 9, 1986 Letter to Jerry T. Lawson from J. M. Felton, re: Federal Register notice; Transmitting Final Rule to S8A (without enclosure) (1 page)

11. October 9, 1985 Federal Register notice, publication on 50 FR 41127 of Final Rule amending 10 CFR Part 9 (2 pages)

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ILLINOIS INSTITUTE OF TECHNOLOGY Lewis College of Science and Letters Department of Mathematics June 21, 1986 FREEDOM OF INFORMATION DIVISION FREEDOM OF INFORMATION U.S. Nuclear Regulatory Commission ACT REQUEST Washington, DC 20555 f01[-dh 4gg

Dear Mr. Grimsley:

h ih h @ '[b REF: RECORDS RELATED TO CHANGES IN 9.4 0F 10 CFR In accordance with the FOIA, U.SC 552, as amended, and~10 CFR, the list of records.in the possession of NRC related to-changes in 9.4 of 10 CFR is kindly requested.

I kindly request that no fee be charged for the release of these records for the following reasons.

1. Prior to October 9, 1985, when the change became effective, the NRC was under a statutory obligation to release into the public any and all the records in the possession of NRC, its contractors / subcontractors, operators of nuclear power plants, etc. upon a request of any citizen. It should be noted that the Rule has been systematically violated by your office (test data, fraudulent computer program listing, and other records have been denied despite irrefutable evidence that the records did, indeed, exist).

The new Rule arbitrarily and capriciously empowers _the NRC -

with an authority to decide whether a certain no-exempt record in a possession of an operator g a nuclear facility should be made public or not. The Freedom of Information Act vests such n , authority with the public.

2. In my letter to the Honorable Commissioners an accusation has been set forth that there exists a conspiracy within the NRC to cover up faulty and/or fraudulent leak rate tests and to perpetuate the unsafe situation. It appears that some of the requested records may shed more light onto these activities. It appears that there exists a connection between the NRC refusal to release the records, attempts to nullify the Freedom of Information Act, and attempts to perpetuate faulty and/or fraudulent testing.

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10 CFR does not allow operation of a Nuclear Power Plant whose containment system leak rate has not been adequately proven within the specified limits. The new Rule substantially affects the opportunity to verify the adequacy of particular tests. The requested list of records will help to rectify the situation.

I't is, therefore, in.the interests of the People of the United public. States that these records be made'available to the I shall expect to hear from you in 10 working days.

Sincere y, Z. Reytb tt Assoc. Professor Dept. of Mathematics O

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