ML20215E322

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Further Response to FOIA Request for Records Re NRC Audits, Insps or Investigations of Tdi from 1974 to Present. Documents Withheld (Ref FOIA Exemption 7)
ML20215E322
Person / Time
Issue date: 10/06/1986
From: Grimsley D
NRC OFFICE OF ADMINISTRATION (ADM)
To: Twana Ellis
HUNTON & WILLIAMS
References
FOIA-86-656 NUDOCS 8610150226
Download: ML20215E322 (2)


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UNITED STATES

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NUCLEAR REGULATORY COMMISSION g

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OCT 48 5 T. S. Ellis, III, Esquire hunton & Williams 707 East Main Street P.O. Box 1535 IN RESPONSE REFER Richmond, VA 23212 TO F01A-86-656

Dear Mr. Ellis:

This is in further response to your letter dated August 28, 1986, in which you requested, pursuant to the Freedom of Information Act (F0IA), all records pertaining to NRC audits, inspections, or investigations of Transamerica Delaval, Inc., from 1974 to the present.

During a telephone conversation between our staffs, it was agreed that the Office of the General Counsel, the Office of Investigations, and the Vendor Inspection Branch within the Office of Inspection and Enforcement would be requested to search for records subject to your request. At this time, two of these offices have completed their search. The Office of the General Counsel has no records subject to your request. The files of the Office of Investigations do contain records subject to your request. However, these records are being withheld pursuant to Exemption (7)(A) of the F0IA-(5 U.S.C.

552(b)(7)(A)) and 10 CFR 9.5(a)(7)(1) of the Commission's regulations.

The information withheld pursuant to Exemption (7)(A) censists of investigatory records compiled for law enforcement purposes. Release of the information would interfere with an ongoing enforcement proceeding and could allow those being investigated to learn the scope, direction, and focus of investigatory efforts and thus could possibly allow them to take action to shield potential wrongdoing or a violation of NRC requirements from investigators.

Pursuant to 10 CFR 9.15 of the Comission'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 Mr. Ben B. Hayes, Director, Office of Investigations.

8610150226 861006 PDR FOIA ELLIS86-656 PDR

g-T.S. Ellis 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, gp #

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

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CERTIFIED MAIL RETURN RECEIPT REQUESTED FREEDOM OF INFORMATION ACT REQUEST -

[d [ f -gf,- h $ g Director, Office of Administration U.S.

Nuclear Regulatory Commission hg/g g-g Washington, D.C.

20555

Dear Sir:

This is a request for documents and records pursuant to the Freedom of Information Act, 5 U.S.C.

SS 552, et seq.,

and 10 CPR SS 9.1, g sea.

This request is made on behalf of the Long Island Lighting Company whose principal place of business is located in Suffolk County, New York.

In this request, the term " documents and records" is defined to include the following:

All reports, records, lists, inter-office memoranda, intra-office memoranda, data, telegrams; correspon-dence, schedules, photographs, sound reproductions, ledger books, log books, data sheets, graphs, catalogues, com-puter tapes, records or printouts, notes, records of telephone conversa-tions, meeting agendas, attendance lists, minutes or notes. of meetings, statements or any other handwritten, typewritten, printed, recorded or graphic material of any kind or de-scription whatsoever.

The documents and reccrds sought in this request are as follows:

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H UNTON & WI LLI AM S August 28, 1986 Page 2 All documents and records of any kind pertaining in any way to Nuclear Regu-latory Commission audits, inspections or investigations of Transamerica Delaval, Inc. from 1974 to the present.

If the Nuclear Regulatory Commission decides to with-hold from our client and the public or to refrain from disclosing to our client and the public any documents or records responsive to this request, then we request that you furnish us with a detailed statement of the reasons for denying access to each document withheld and the following information regarding each such document or record in order to enable our client to consider whether to seek a judicial remedy under the Act:

(a) the date of each such docu-ment or record; (b) the identity of the author or authors and addressee or addressees of each such document or record; (c) the identity of all persons in the Nuclear Regulatory Commission ot elsewhere who received copies of each such document or recotd; e

(d) the title of each such docu-ment or record; (e) the general nature and sub-ject matter of each such document or record; and (f) whether each such document or record contains any factual informa-tion, including, but not limited to, data, descriptions, and critiques of methodologies or statements of policy.

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.g H UNTON & WILLI AM S August 28, 1986 Page 3 If portions of any responsive documents are deleted before disclosure, we request, pur7gant to 10 CFR S 9.6, a

inwritingdescribingggpscopeandreasonsforany statement deletion.

It is not necessary that the documents be copied and delivered to us.

We will oe happy to review the documents at the production location.

Note that LILCO is willing to pay any appropriate copying costs or fees attributable to this request and needs no prior notice of the amount of such fees?

We respectfully request a response within ten working days of receipt of this request pursuant to 5 U.S.C.

S 552(a)(6)(A) and 10 CFR S 9.9.

Finally, I ask that you call me if you have any ques-tions regarding this request.

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75/4794 L

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