ML20246K340
| ML20246K340 | |
| Person / Time | |
|---|---|
| Site: | Comanche Peak  |
| Issue date: | 03/01/1989 |
| From: | Colapinto D KOHN, KOHN & COLAPINTO, P.C. (FORMERLY KOHN & ASSOCIA |
| To: | Grimsley D NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM) |
| References | |
| FOIA-89-47, FOIA-89-52 NUDOCS 8909050441 | |
| Download: ML20246K340 (3) | |
Text
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l KOllN, KOllN & COIAPINTO, P.C.
F J AMORNEYS ATLAW
. 526 U STREET, NW
- WASHINGTON, DC 20001 I
202 234 *4663-MICHAELD. KOHN *-
DANI R
STEPHEN M. KOHN *
- March 1, 1989 ANNEITE R. KRONSTADT
' DAVID K. COLAPl?OO * * -
ADMnTED N PA.
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. ADMITED WPO
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Donnie H. Grimsley Director Division of Rules and Records U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Re:- FOIA Appeal _
Dear Mr. Grimsley:
I am writing tc appeal the deidal of two requests for These fee waivers regarding FOIA-89-47 and FOIA-89-52.
requests were made on behalf of our clients, Joseph J.
Hasan.
Macktal, Jr. and Syed. M. A.
FOIA-89-47' pertains to the decision of. Victor Stello,
.NRC Executive Director for Operations, to withdraw.the Both Mr. Macktal and Mr*
Jr.,identiality of. cur clients.
Hasan are whistleblowers from the Comanche Peak Steam conf near Glen Rose Texas.
Each Electric Station NPSES) provided the NRC. with detailed informatfton regard confidentiality fror the NRC staff.
The purpose of requesting the information through FOIA-is.to examine the process utilized by the' Executive Director for Operations and the NRC staff for revoking theSuch instances 89-47 confidentiality of allegers.
are rare and little is known, outside of agency. regulations, about the process regarding the granting and revocation of i
confidentiality.
The requesters, through their counsel, will be able to extract sufficient information to benefit not only the reguesters' but also the general public's understanding of this process.
Requesters' counsel have the necessary experience in eval 2ating and disseminating information received through FOIA.
Stephen M. Kohn, Michael D. Kohn and David K.
Colapinto are former members of the Governmentand each has specialized in th Accountability Project (GAP) area of whistleblower/ nuclear safety issues and litigation.
The public interest purpose for Mr. Macktal's and Mr.
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w 8909050441 890301
$AP 9-47 PDR
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Mr. Grimsley.
,FOIA Appeal.
Page!'2 Hasan's requesting such information is identical to that of
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GAP's, which is routinely granted a statutory fee waiver for such FOIA requests.
Moreover, Stephen and' Michael Kohn are the authors of books about environmental whistleblowing as well as numerous articles and law reviews on this topic.. See, e.g.,
Protecting Environmental and Nuclear Whistleblowers:
A Litigation Manual, by Stephen M. Kohn (1985) ; The Labor Lawyer's Guide to the Rights and Responsibilities of Employee Whistleblowers, by Stephen M. Kohn and Michael D.
Kohn (Quorum 1988); and Kohn, S.
and Kohn, M., "An overview of Federal and State Whistleblower Projections," 4 Antioch Law Journal at 99 (Summer 1986).
FOIA-89-52 pertains to NRC participation $n the settlement of CPSES licensing proceedings.
Again, this
-request is made on behalf of Mr. Macktal and Mr. Hasan.
Notably, the public benefit purpose of this request is for Mr. Macktal has initiated purely public even greater, interest litigation by seeking intervention status in the The NRC's' denial of Mr.
CPSES licensing proceedings.
Macktal's petition for intervention is currently pending review by the U.S. Court of Appeals for the D.C. Circuit and Mr. Macktal' seeks intervention in the CPSES licensing proceedings on'public policy grounds.
- See, Nuclear Reguletory_ Commission, et al., No.
Macktal v. U.S.
39-1034 CD.C. Cir.).
In addition, the controversy surround:Lng the settlement of the CPSES licensing proceedings has received wide-spread national publicity.
See e.a., Solis, Diana, " Comanche Peak Whistle-Blower XEEu,ses Nuclear Watchdogs of Selling Him Out," The Wall Street Journal, September 16, 1988 (copy attached hereto).
The public at large will benefit from the release of information requested through FOIA-89-47 and FOIA-89-52.
Congress has recognized the irportant contribution of nuclear whistleblowers to protect the health and safety-through the passage of remedial legislation.
Specifically, these laws were passed to " encourage employees" to report
" unsafe practices in one of the most dangerous technologies mankind has invented."
Rose v.
Secretary of Department of Labor, 800 F.2d 563, 565 (6th Cir. 1986) (J. Edwards concurring); See also, 42 U.S.C.
sec. 5851.
Moreover, the NRC has recognized that employee whistleblowers "are an important source of...information and should be encouraged to come forth with any items of potentTal significance to safety without fear of retrifiution fron their employers."
NRC statement, 47 Fed. Reg. 30453 (emphasis added).
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Mr. Grimsley -
FOIA Appeal.
Page.:3 Finally, these requests are not for " commercial use." 5 U.S.C. sec. 552(a)
Neither Mr..Macktal nor.Mr..
Hasan request. this(4) ( A) (ii).-
information to further any:" commercial, trade or profit. interests..."- See, OMB Guidelines, sec. 6g,.
52 Fed. Reg. at 10017.
We are willing.to pay fees for the' release of~
.information under FOIA-89-47'only,.regardless of your.
. determination; however, we do not waive our right to seek judicial review of a denial of a fee waiver for FOIA-89-47.
Lf Since it is clear that both Mr. Macktal and Mr. Hasan L
pursue.this information for an overwhelmingly public interest purpose, we request that you-waive the fees for both FOIA-89-47 and FOIA-89-52.
Thank:you for your consideration of this matter.
I
.look. forward to hearing from you within 20 working days.
Sincerely, j
~
David K. Colapinto l
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Encl.
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