ML20244D877

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FOIA Request for Records Re Settlement Negotiations & Agreements in Licensing Proceedings Effectuated During Jul 1988
ML20244D877
Person / Time
Site: Comanche Peak  Luminant icon.png
Issue date: 01/26/1989
From: Colapinto D, Kohn M
KOHN, KOHN & COLAPINTO, P.C. (FORMERLY KOHN & ASSOCIA
To:
NRC
References
FOIA-89-52 CPA, OL, NUDOCS 8906200032
Download: ML20244D877 (2)


Text

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KOHN, KOHN & COLAPINTO, P.C.

j s- ATIORNEYS AT LAW 526 U STREET, NW

  • 234
  • 4663 MICHAELD. KOHN * - OF COUNSEL:

STEPHEN M. KOHN * + DANIEL 1. OSHTRY DAVID K. COLAPINTO * + ANNETTE R. KRONSTADT January 26, 1989

  • ADMHTED IN PA

. ADMITIID IN NJ

. ADMrnID rN De Director FOI and Privacy Branch FREEDOM 0F !Mf32E U.S. Nuclear Regulatory Commission ACT IE E3' Washington, D.C. 20555 Re: FOIA Request M h

Dear Director:

We hereby make this request pursuant to the Freedom of Information Act ("FOIA"), 5 U.S.C. sec. 552, for copies of any and all NRC records and information pertaining to all aspects of the settlement negotiations and agreements in the Comanche Peak Steam and Electric Station ("CSPES") licensing proceedings effectuated during July 1988 between Citizens for Sound Energy, Juanita Ellis, Billie P. Garde, Anthony Z.

Roisman, Texas Utilitics Electric Company, Victor Stello, At Jr., numerous unnamed "whistleblowers" and/or NRC Staff.

l least one of these agreements was signed by NRC Executive Director for Operations Victor Stelloo, Jr. in late June of 1988 which effectuated dissolution of the Atomic Safety and Licensing Board ("ASLB") regarding CPSES. See, In the Matter of Texas Utilities Electric Co., et al., Docket Nos.

50-445-OL, 50-446-OL, 50-445-CPA, Memorandum and Order (of dismissal), slip op. of ASLB (July 13, 1388). Upon information and belief, Ms. Janice Moore and other meubers of NRC Staff also participated in the execution of said settlement agreements.

This request includes, but is nct limited to all correspondence, press releases, internal memoranda, notes, letters, drafts, tapes, video tapes, minutes, logs, calendars, transcripts of tapes, summaries, interview reports, procedures, instructions, telephone messages, photographs, engineering or technical analyses, drawings, files, graphs, charts, agreements, handwritten notes, studies, data sheets, notebooks, books, interim and/or final reports, status reports related to the settlement of the CPSES licensing proceedings.

We also request that fees be waived because the above-referenced settlement agreements concern matters of public health and safety. Moreover, information regarding the settlements themselves as well as the large monetary I

8906200032 FOIA 890126 PDR PDR h COL API NTB9-52

o-FOIA Request.

January 26, 1989 Page Two-payments to the intervenor and individuals are in the public

" - enterest since they affect the licensing of a public uisiity.

This information is "likely-to contribute significantly to.public understanding of the operations.of the ..." NRC-and the settlement of ASLB proceedings. 5 U.S.C. sec. 552 (a) (4) (A) (iii) . Generally speaking, the combination of public. licensing and. private employment disputes.is rare.

Here, the dependency of the public settlement agreements upon the terms of the settlements for private individuals, which are secret, is potentially violative of public policy.

We look forward to hearing from you within ten (10) days as.the law stipulates. Please inform.us of our appeal rights in the event any portion of this request is denied.

Thank.you.

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-Very Truly Yours,.

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David K. Colapint b _

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Michael D. Kohn 14/C3 l

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