ML20246P673

Appeals Denial of FOIA Request for Records.Ofc of Investigations Erroneously Denied Request.Documents Re Law Enforcement in Closed Proceeding & Would Not Interfere W/ Ongoing Investigation

ML20246P673
Person / Time
Site:	Peach Bottom
Issue date:	04/04/1989
From:	Clair K SCHNADER, HARRISON, SEGAL & LEWIS
To:	NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
Shared Package
ML20246P677	List: ML20246P673 ML20246P692
References
FOIA-89-25, FOIA-89-A-16 NUDOCS 8905220258
Download: ML20246P673 (2)

Text

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.- DIRECT DIAL NUM BER .

215-751-2612 April 4, 1989 i

Executive Director for Operations /d d i UE IM . M L -. u ...J.4 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 [ h j.

t Re: Freedom of Information Acceal he'd 4+n

Dear Sir or Madam:

i On January 13, 1989, I requested certain documents from the Nuclear Regulatory Commission ("NRC"). This request '

is Freedom of Information Act ("FOIA") Request 89-25, a copy of which is attached to the enclosed brief as Exhibit A. On March 6, 1989, in response to FOIA 89-25, the NRC mailed a notice of its refusal to disclose any documents pursuant to Exemption 7(A) of-the Act on the ground that disclosure would interfere with an ongoing investigation. A copy of the notice is at-

-tached to the brief as Exhibit B. I appeal from this adminis-trative determination.

The Office of Investigations erroneously denied the request, for releasing the documents would not interfere with an ongoing investigation. While it is true that the requested documents relate to a law enforcement proceeding, the particu-lar proceeding has been closed. l As the attached brief supporting this appeal indi-cates, the Office of Investigations wrongfully refused to disclose the requested documents. I request that the documents be released immediately.

Sincerely, A ~

Kathleen S. Clair For SCHNADER, HARRISON, SEGAL & LEWIS Attachments 8905220258 890404  ?

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Washington, D.C. 20555 89 - A /b c (f Hf Re: Freedom of Information Anne h[-

Dear Sir or Madam:

On January 13, 1989, I requested certain documents from the Nuclear Regulatory Commission ("NRC"). This request I is Freedom of Information Act ("FOIA") Request 89-25, a copy of  !

which is attached to the enclosed brief as Exhibit A. On March 6, 1989, in response to FOIA 89-25, the NRC mailed a notice of its refusal to disclose any documents pursuant to Exemption  !

7(A) of the Act on the ground that disclosure would interfere j with an ongoing investigation. A copy of the notice is at-tached to the brief as Exhibit B. I appeal from this adminis-trative determination.

The Office of Inspector and Auditor erroneously denied the request, for releasing the documents would not in-terfere with an ongoing investigation. While it is true that the requested documents relate to a law enforcement proceeding, the particular proceeding has been closed.

As the attached brief supporting this appeal indi-cates, the Office of Inspector and Auditor wrongfully refused to disclose the requested documents. I request that the documents be released immediately.

Sincerely, Kathleen S. Clair For SCHNADER, HARRISON, SEGAL & LEWIS Attachments

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