ML20246K362
| ML20246K362 | |
| Person / Time | |
|---|---|
| Site: | Comanche Peak  |
| Issue date: | 03/30/1989 |
| From: | Colapinto D KOHN, KOHN & COLAPINTO, P.C. (FORMERLY KOHN & ASSOCIA |
| To: | Grimsley D NRC OFFICE OF ADMINISTRATION (ADM) |
| References | |
| FOIA-89-47, FOIA-89-52 NUDOCS 8909050446 | |
| Download: ML20246K362 (6) | |
Text
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JL JN,KOHN & COLAPINTO,,
- I ATTORNEYS ATLAW-526 U STREET, NW.. WASHINGTON, DC 20001 202 234 4663 OF COUNSEL:
. MICHAELD. KOHN *..
DANIEL I.OSHTRY STEPHEN M. KOHN * +
ANNETTE R. KRONSTADT'
. DAVID K COLAPINTO *
- March 30, 1989 ADMnTED NPA
. ADMITIIDINf4 AounTED m oc.
+
Donnie H.'Grimsley Director Division of Freedom of Information and. Publications Services Office of Administration U.S. Nuclear Regulatory Commission 20555 Washington, D.C.
' Fee Waivers for FOIA-89-47 and 89-52 Re:
Dear Mr. Grimsley:
1989 regarding the above-referenced Freedom of Act ("FOIA") requests.
Your March 9, 1989 letter was in.
4' reply to my appeal of the denial of fee waivers for these 1989.
requests._ dated March 1, 1989 letter is As a threshold natter, my March 1, Although the NRC's properly classified as a FOIA appeal. 1989 state that the fee notices dated' February 10 and 16, original FOIA requests for a waiver or reduction of fees do not " provide sufficient information...," on'two occasions I was instructed to " provide" you with such " sufficient information" by the NRC contact person assigned to theseI was informed b On February 3 and 28, Ann Reed to send an appeal to your office in order to requests.
clarify _the use of the information requested.
Moreover, all of the information aircady submitted on the record for these FOIA reguests are responsive to the eight categories of information justifying a fee waiverFor your a 9.41.
pursuant to 10 C.F.R.
matter please consider the following:
DESCRIBE THE PURPOSE FOR WHICH THE REQUES (1)
USE THE REQUESTED INFORMATION f
The information requested in both FOIA requests will be used for the following purposes, all of which are public interest in nature and related to protection of the public health and safety as well as to provide an understanding of the operations of government:
l 8909050446 090330 PDR FDIA COLAP 3 NT 89-47 PDR
I-Donnie H. Grimsley March 30, 1989 Page Two For use by Mr. Macktal and his attorneys to support Mr. Macktal's grounds for intervention inlicen (a)
The denial of Mr.
Electric Station ("CPSES").
Macktal's intervention petition by the NRC is currently Court of Appeals on appellate review before the U.S.See Macktal v. U.S.
for the District of Columbia.
89-1034 Nuclear Regulatory Commission, et al., No.
L TDTD.Cir.).
By Mr. Hasan and his attorneys in Mr. Hasan's Section 210 nucicar whistleblower case which is (b)
See currently pending before the Secretary of Labor.
Hasan v. NPSI, et al., Case No. 86-ERA-24.
Texas Utilities ETEctric Co. ("TUEC") offered to settle Mr.
Hasan's case as part of the July 1988 Comanche Peakupo settlement which, settlement of several whistleblower claims contingent upon dismissal of the Atomic Safety and Licensing Board
("ASLB") hearings regarding CPSES.
Section 210 of the Energy Reorganization Act is predicated upon the litigation of "public rights."
Mr.
Hasan and his attorneys will review the requested information to determine the relationship between r
TUEC's offer to settle Mr. Hasan's case and the dismissal of the CPSES licensing proceedings.
Moreover, Mr. Hasan and his attorneys desire the requested information to review the NRC's involvement in these settlements and to prepare Mr. Hasan for testimony in the event he is called to testify before a newly instituted ASLB regarding CPSES.
i Mr. Macktal and his attorneys will review the requested information to support Mr. Macktal's motion (c) confidential settlement to set aside a secret, agreement between Mr. Macktal's former' attorneys andwhich Brown & Roet, Inc.
money to Mr. Macktal in order not to testify before,This motion is inter alia, the ASLB regarding CPSES.
pending before the Secretary of Labor in Macktal v. pursuant to Brown & Root, et al._, Case No. 86-ERA-23, section 210 oT the Energy Reorganization Act.
The information regarding revocation of Mr.
Hasan's confidentiality as allegers (d)
Macktal's and Mr.
will be used by our clients and their attorneys to review the process utilized EF the NRC to accomplish l
this revocation.
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'Donnie H.'Grimsley March 30, 1989 Page Three EXPLAIN THE EXTENT TO WHICH THE REQUESTER WILL. EX AND ANALYZE THE~ SUBSTANTIVE: CONTENT-OF THE AGEN (2)-
RECORD There are several hundred pages estimated bymthe NRC to Neither Mr. Macktal, be' responsive to these FOIA requests.
Mr. Hasan nor their counsel ~ have had an opportunity to testimony and public hearings.
-The requesters and their attorneys will' utilize their-respective technical and legal ability to extract and analyze the.NRC's-role in the July 1988 CPSES settlement as
.Without.
well as the NRC's' revocations of-confidentiality.
further description of the documents which are releaseable pursutnt to.these FOIA requests we cannot provide further explanation.
If the agency desires further information regarding this category then. undersigned counsel must receive.an'index cf the' documents-to be released.
DESCRIBE THE NATURE OF THE SPECIFIC ACTIVITY'OR RESEARCH IN WHICH THE AGENCY RECORDS WILL BE USE (3)
THE SPECIFIC QUALIFICATIONS THE REQUESTER POSSESS FOR THE INTENDED USE IN SUCH A WAY UTILIZE INFORMAT1CN L
THAT IT WILL CONTRIBUTE TO PUBLIC UNDERSTANDING For the " nature of the specific activity or research in-which the agency records will be used" you are referred to To the information provided pursuant to number 1, above.
the degree that the-agency records are technical in nature, both Mr. Hasan and-Mr.~Macktal are highly trained.
Mr.
Hasan is a former senior engineer at CPSES and hr. Macktal The NRC is is a former electrical foreman at that facilitysspecific qualifications and well aware of these individuals' expertise in technical matters.
the NRC is very familiar with the
- Likewise, qualifications and expertise of Mr. Hasan's and Mr.This information was Machtal's attorneys. Your concern that counsel is now in letter of March 1.
specific private practice is irrelevant when judging "ia.
qualifications" under this fee waiver criter
" Evaluating, writing, and disseminating" experience is cumulative, thus any expertise acquired by Mr. Stephen Kohn, Mr. Michael Kohn and undersigned counsel in the past must be accorded great weight by the NRC when making itsNotably, the determination on these fee waiver requests.above-referenced l
c Donnie H. Grimsley March 30, 1989 Page Four activity is ongoing through Mr. Macktal's and Mr. Hasan's above-referenced litigation as well as other projects.
The Labor Lawyer's Guide To TL
'ights and Specifically
-y Stephen M.
Responsibilities of Employee Whistleblowers,Kohn, was published after they e Kohn and Michael D.and are presently working on law review private practice, articles as well as disseminating information regarding CPSES and whistleblower issues to the media, academia and Neither Mr, Macktal, Mr. Hasan nor their public forums.
attorneys recieve income from any of these activities --
rather, pursuit of these public interest activities has resulted in a not er;nomic loss for all involved.
DESCRIBE THE LIKELY IMPACT ON THE PUBLIC'S UNDERSTANDING OF THE SUBJECT AS COMPARED TO THE LEVE (4)
OF UNDERSTANDING OF THE SUBJECT EXISTING PRIOR TO DISCLOSURE Although it is practically impossible to evaluate the we can provide public's understanding of any given subject, our knowledge of public exposure to the subjects at issue little journalistic reporting There has been very Aside from two or here.
about the July 1988 CPSES settlements.
three articles in the Wall Street Journal and theall of the' publicity regarding D.C.
Legal ~yImes,
~
the CPSES settlements and their surrounding controversy have Washington, Most of this news been concentrated in the Texas media.
4 coverage took place between July and September 1988.
Given By no means has this news coverage been indepth.
the secrecy surrounding the CPSES settlements -- many of the agreements are believed to be strictly confidential -- even individuals offered money to settle litigation regarding CPSES (e.a. Mr. Hasan) do not fully understand the interrelationships between agreements and their exactMoreover, vir conditions.
NRC's participation in the formulation and approval of these agreements, aside from the fact that Mr. Victor StelloNot only is signed one of the CPSES settlement agreements.this issue tro but it S
adversely affects the public health and safety.
dismissal of the ASLB -- a reported condition of the CPSES settlements -- there has been no public accountability regarding these settlements.
many public interest and citizens groups In July 1988, Citizens for Fair Utility Regulation in Texas, ~e.a.Public Citizen of Texas and the Greater Dallas-("CFUR"),
as well as interested Fort Worth Chapter of the Sierra Club, individuals requested that all CPSES settlements be made i
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D Donnie H. Grimsley March 30, 1989 4
Page Five Moreover, CFUR, along with Mr. Macktal, has also public.
requested that new ASLB hearings on CPSES be held, specifically on issues regarding the CPSES settlements.
the As a result of the sole courage of Mr. Macktal, public now knows that the CPSES companies have offered at least one whistleblower money in exchange not to testify about safety concerns before the ASLB and any judicial or This information administrative proceeding regarding CPSES.
was disseminated by Mr. Macktal and his attorneys in Ironically, Mr. Macktal has been the September 1988. contributing source to most of the public's understanding regarding the CPSES settlement process since he was once signatory to a highly restrictive " hush money" deal which effectively suppressed information regarding safety problems The public's understanding will only be enhanced at CPSES.
if Mr. Macktal, Mr. Hasan and their attorneys receive a fee waiver for the requested material on this subject.
Finally, there has been no coverage or public understanding of the revocation of confidentiality fcr As stated in previous whistleblowers by the NRC.
correspondence, little is known about governmental operations or policy in this area outside of NRCSince there is no public un regulations.the likely impact on the public's understanding on
- issue, this issue is sure to be enhanced if Mr. Macktal, Mr. Hasan and their attorneys are granted a fee waiver for this information.
DESCRIBE THE SIZE AND NATURE OF THE PUBLIC TO WHOSE (5)
UNDERSTANDING A CONTRIBUTION WILL BE MADE The public at large, the citizens of Texas, environmental, public interest and citizens groups, Wall Street / financial investors, legal scholars, and any person or interest group concerned about nuclear power issues will derive an understanding from the information requested.
This is significantly large enough to meet the public After all, if information benefit test under FOIA.
pertaining to multi-nillion dollar secret deals to speed the I
licensing of an ate ic energy, plant is not of interest to the public at large then nothing is.
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e Donnie H. Grimsicy March 30, 1989 Page Six DESCRIBE THE INTENDED MEANS OF DISSEMINATION TO TH (6)
GENERAL PUBLIC The information released will be disseminated to the general public through press releases, court papers, pub attorneys.
INDICATE IF PUBLIC ACCESS TO INFORMATION WILL BE PROVIDED FREE OF CHARGE OR PROVIDED FOR AN ACCESS (7)
OR PUBLCIATION FEE Information disseminated by press release, publication in journals, nagazines or newspapers, court papers and through public forums will be provided free of charge.
DESCRIBE ANY COMMERCI AL OR PRIVATE INTEREST THE REQUESTER OR ANY OTHER PARTY HAS IN THE AGENCY RE (8)
SOUGHT None.
On behalf of Mr. Macktal and Mr. Hasan, I look forward Please advise me of my appeal to your prompt determination.
in rights in the event you deny this fee waiver request, Judicial review of full or in part.
be sought in the event a waiver is denied.
Respectfully,
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u David K.'Colapinto l
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