ML20236D780

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Final Response to FOIA Request.Records on Request Previously Addressed in FOIAs87-467,87-577 & 87-587 & Available in PDR
ML20236D780
Person / Time
Issue date: 10/26/1987
From: Grimsley D
NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM)
To: Condit R
GOVERNMENT ACCOUNTABILITY PROJECT
References
FOIA-87-624 NUDOCS 8710280360
Download: ML20236D780 (1)


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U.6, NUCLEAR REGULATORY COMMISSION NRc toiA REoutsT NuustRis:

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INFORMATION ACT (FOIA) REQUEST 00T 2 61987 s,,

OOCKET NUM8ERi$p Ur appeceael RtQUESTER V i chwcl E i cowe+

PART 1.-RECORDS RELE/* SED OR NOT LOCATED ISee checked boxes)

No agency records subpect to the request have been located.

No additional agency recorda subsect to the request have been located.

are already available for public inspection and copying in the NRC Ptblic Document Room, A0ency records sabrect to the request that are identified in Appendix 1717 H Street, N.W., Washington, DC.

are being made available for public, inspection and copying in the NRC PutWic Document Agency recorde subpect to the request that are identified in Appendix Room,1717 H Street, N.W., Weehington, DC, in a folder under this FOIA number and requester name.

The nonproprietary versson of the proposails) that you agreed to accect in a telephone conversaten with a member of my staff is now being made avalable for p and coying at the NRC Public Document Room,1717 H Street, N W, Washington, DC, in a foider under this FotA number and requester name.

Enclosed is information on hmv you may obtain accus to and the charges for copying records placed in the NRC Public Document Room,1717 H Street, N.W.

Agency records subject to the request are enclosed. Any applicable charge for copies of the records provded and payment procedures are noted in the commen Records sutiect to the request have been referred to another Federal agencybes) for review and direct response to you.

In v6ew of NRC's response to this request, no further action is being taken on appeal letter dated PART li.A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Certain informeten in the requested records is being withheld from public cactosure pursuant to the FOIA exemptions described in and for the reasono stated in Part i tions 8, C, and D. Any released portens of the documents fr.t which only part of the record is being withheld are being made available for public inspection and copying in the NRC Public Document Room,1717 H Street, N.W., Washington, DC, in a folder under this FOIA number and requester name.

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A GOVERNMENT ACCOUNTABILITY PROJECT

25 E Street, N.W., Suite 700 Washington, D.C. 20001 (202) 347-0460 September 18, 1987 CERTIFIED MAIL RETURN RECEIPT l

FOIA Request I

ER.EEDOM OF INFORMATI0ff Freedom of Information Office UEST U.S. Nuclear Regulatory Commission NM Washington, D.C.

20555 9-4-/7 g

To Whom lt May Concern:

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

5552, as amended, the Government Accountability Project (GAP) requests copies of any and all agency records and information, including but not limited to notes, letters, memoranda, logs, tapes, transcripts, summaries, interview reports, instructions, agency analyses, files, charts, photographs, agreements, handwritten notes, studies, data sheets, notebooks, books, telephone messages, any other data compilations, interim and/or final reports, status reports, inspections, and investigations relevant to and/or generated in connection with:

1. the decision to issue a subpoena to Billie P. Garde, Esq.
2. the decision to seek enforcement of Mr. Stello's May 20, 1987 subpoena (attached) in federal court.

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

$9.3a, and all records responsive to this request that have ever been within the NRC's custody or control.

This includes records or information in " working", investigative, retired or other files at any NRC location.

If any records covered by this request have been destroyed and/or removed, and/or are destroyed and/or removed after receipt of this request, please provide all surrounding records, including but not limited to a list of all records which have been destroyed and/or removed, a description of the action (s) taken, relevant dates, and individual, office and/or agency-wide policies and/or justifications for the action (s).

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1 FOIA Request September 18, 1987 Page Two l

l GAP requests that all fees be waived, because " finding the information can be considered:as primarily benefiting the general public."

5 U.S.C. 5552(a)(4)(A).

GAP is a non profit, non-partisan public' interest organization concerned with honest and

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open government.

l For any documents or. portions of documents that you deny due I

to specific FOIA exemption (s), please provide an inder itemizing and describing the documents or portions of documents withheld.

The index should provide a detailed justification of your grounds 4

for claiming such an exemption, explaining why each exemption is relevant to the document or portion of document withheld.

This index is required under Vaughn v. Rosen, 484 F.2d 820 (D.C. Cir.

1973), cert. denied, 415 U.S. 977 (1974).

Because we believe that this information may have some bearing upon the case of U.S.

v. Billie Pirner Garde, hisc. No.87-274, we must insist that the deadlines imposed under the FOIA are strictly followed.

Thank you for your cooperation.

Sincerely, w

Richard E. Condit Staff Attorney RC/

(079a14a) i

. 3nited States of America-

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NUCLEAR REGULATORY COMMl1SION O

in the master of; Houston Lighting and Power Company

> MET NO. 50 498 50-499 70 f*s. Sillie Pire.er Garde Government Accountability Project 1555 Connecticut Avenue. N.W.

Suite 202 Washington, D.C.

20036 YOU ARE HER13Y COMMANDED to appear at Room 6607. Nuclear Regulatory Commission, 7735 Old Georgetown Road. 8ethesda, Naryland on the 26th day of May 1387 at 9:00 o' clock A.M. to continue as necessary for the purpose of testifying before NRC personnel concerning allegations of current and/or former employees of the South Texas Project concerning the safety of the South Texas Project. as described in your letter of January 2J,1387 to Messrs. Victor Stello and James l'attox and any other allegations >Aich you have received concerning the safety of the South Texss Project, and to provide any records or other documents in your possession or under your custody or control concerning such allegations.

f ctor Sta

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Executive Director for Doerations 4

MsYNulatory ra-mjog Jh, p g,19gy

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On motion made proeptly, and in any event at er before the time specified in the subpoena for compliance by the person to whom the subpoena is directed, and on notice to the party at whose instance the subpoena was issued, the Conaf ssion may (1) quash or modify the subpoene if it is unreasonable or requf res evidence not relevant to any matter in issue, or (2) condition dental of the motion on just and reasonable tenas.

Such motion should be directed to the Secretary of the Consission. Washington. 0.C. 20555.

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