ML20236C968

Responds to Appealing NRC 870928 Denial of Documents Re 870915 Test of Emergency Procedures at Plant. NRC Did Not Deny Request Since No Records Were Located at Time of Request.No Further Action to Be Taken

ML20236C968
Person / Time
Site:	Point Beach
Issue date:	10/26/1987
From:	Grimsley D NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM)
To:	Bauman L GOVERNMENT ACCOUNTABILITY PROJECT
References
FOIA-87-616, FOIA-87-A-93 NUDOCS 8710270421
Download: ML20236C968 (1)

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UNITED STATES g

NUCLEAR REGULATORY COMMISSION l

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Ob Ms. Linda Bauman Government Accountability Project i

Midwest Office IN RESPONSE REFER 104 E. Wisconsin Avenue TO F01A-87-A Appleton, WI 54911 (F01A-87-616)

Dear Ms. Bauman:

This is~ in response to your letter dated October 15, 1987, in which you appealed my response dated September 28,'1987. My response stated that-l no agency records were located at that time responsive to your Freedom of Information Act (F0IA) request dated September 15, 1987, for all records related to a test on September 15, 1987,'of emergency procedures at the Point Beach plant.

I'further stated that a report would be written by thestaffandmadeavailableattheNRC'sPublicDocumentRoom(PDR),

i 1717 H Street-NW, Washington, DC 20555.

An FOIA request applies only to records in' the possession of an agency on the date the request is received. Since no records were in existence at the time NRC received your request, there was no denial of records.

I notified you of the fact that no agency records were located at that time.

Furthermore, the agency has no obligation to hold an F0IA request i

in a pending status until agency staff creates records on a matter.

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The NRC did not deny your '/01A request as stated in your letter dated October 15, 1987.

Inasmuch as your letter does not constitute a proper 5 ' appeal, the NRC is taking no further action on your letter.

For your information, the NRC report on the emergency exercises at Point i

Beach were issued on October 14,1987(PDRAccessionNo. 8710190245)and is located in the PDR.

,3 Sincerely, Y

Donnie H. Grimsley, Director Division of Rules and Records Office of Administration and Resources Management l_

i 8710270421 871026 PDR FOIA BAUMAN87-A-93 PDR l'

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~ GOVEIU6.EllI ACCOUI.lfADILITY PROJECT 1555 Conc,ecticut Avenue, N.W., Svire 202 -

(202)232-8550 Washingtoo. D.C.: 20036 MICWEST-OFFICE 1101-E. HISCONSIN AVENUE

.AFPLETON, WISCONSIN 54911-4397 1

September 15, 1987

' FREEDON OF INFORMATION ACT REQUEST MT, REQUEST p' O b " 8 M [

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Of fice of. Administration

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U.S. Nucloar Regulatory Commission-

-Washington, D.C.

20210 TO WHOM IT MAY CONCERN Persuant to the Freedom 'of Information Act (FOIA, 5 U.S.C. 552,) the Government Accountability Project (GAP) requests copies of any and all agency records and information, including but not limited to notes, letters, memoranda, drafts, minutes, diaries, logs, calenders, tapes, t r e.n s cripts, summaries, interview reports, procedures, instructions, enginee, ring analyses, drawings, files, graphs, charts, maps, photographs, acreemenbs, handwritten notes, studies, data sheets, notebooks, books, i

telephone messages, computations, voice recordings, computer runoffs, and

'any other data compilations, interim and/or final reports, status reports, and any and all other records relevant to and/or generated in connection with tha test of Wisconsin Electric Power CO. emeergency procedures at its Point Bacch Nuclear Plant, in Wisconsin.

THis request includes the results measur-ing' the ability of plant operators and communications employees' to respond to c mock accident, and the results of coordinating emergency response activitien with Manitowoc and Kewaunee counties, State Division of Emergency Government :

Tho Nisconsin Department of Health and Social Services.

This test was to take.

place Tuesday, 8,eptember 15, 1987.

(see attachment)

"~this request Includis' all' agency records. as ' defined'In 10 C.'F.R. ' 9.3a(b) and the NRC. Manual, Appendix 0211, Parts 1. A.2 and A.3 (approved October 8, '1980 )I whether they currently exist in the NRC offical, " working" investigative or other files, or at any other location, including private rasidences.

If any records' as defined in 10 C.F.R. 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, generakadi ifm coni ection with and/or issued in order to implement the action (s).

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GAP requests that fees be waived, because " finding the information can be cc..sidered as primarily benefitting the general'public, "5 U.S.C.

552 (a) (4) (a).

GAP is a non-profit, non partisan public interest organization concerned with honest and open government.

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

Through it Environmental Whistleblower Clinic, GAP cffers assistance to local public interest and citizens groups and interveners in the concern for safety at nuclear power plants.

Wa are requesting this information as part of an ongoing monitoring project of the NRC's efforts to protect public hralth and safety at and near nuclear processing plants and radioactive waste facilities.

For any documents or portions that you deny due to a specific FOIA exemption, please provide an index itemizing and describing the documents or pcrtions 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 ten (10) working days.

Sincerely l

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W Linda Bauman FOIA Coordinator Midwest Office Nuclear Regulat'ory Commission ecs. 799 Roosevelt Rd.

i, Glen Ellyn, IllT-,60137 c cl. as stated N

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3 energisertdieduled for Wesde test Wisconsin Electric Power ernergen procedures at its Point 4 needfg y WLsconsin+Electrictsaid the test i

will measure the ability of plant oper- !

ators and communications employees to resped.to a mock accidenti The esercise is required and graded by f Nudear Regulatory Qunmisslanit 5 De utilltfsaid it Nil fe amergencyfrespmse activitiestWth Manitowoc and Kewaunee counties, the stateDivision of Emer yG#

ernment and the W MMiMk - _ _

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