ML20247F022
| ML20247F022 | |
| Person / Time | |
|---|---|
| Site: | Rancho Seco |
| Issue date: | 02/09/1989 |
| From: | Friedman M FRIEDMAN & FRIEDMAN |
| To: | NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| References | |
| FOIA-89-2, FOIA-89-A-7 NUDOCS 8905260397 | |
| Download: ML20247F022 (5) | |
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e3-LAW OFF4CEO FRIEDMAN COLLARD & POSWALL 2"% ' 'c"d'c,$'
JOHN M. PO5 WALL.
??SO COLLEGE TOWN DRIVE. SUITE 300 e,.A ANJ OWEN SACRAM ENTO, CAltfr ORNIA 95 826 TELE *MONE (9se Jee90u
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I'&Et'E MOT
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APPEAL FROM INITIAL FOIA DECISION A-L OF IMr;AL fo;f, ege,3;gg.
EXECUTIVE DIRECTOR FOR OPERATIONS89-A- 7E 0%n.
TO U.S. NUCLEAR REGULATORY COMMISSION Washintgon, D.C.
20555 Si[*
FROM:
Requester MORTON L. FRIEDMAN RE Request number FOIA-89-2 SUBJECT OF REQUEST:
SACRAMENTO METRO UTILITIES DISTRICT DATE:
February 9, 1989 PLEASE TAKE NOTICE that the undersigned he.eby appeals, accordance with the provisions of the Freedom of I formation Actin (Title 5, U.S.C. Section 552, determination dated November 3, 1988 of Donnie H. seq.) from the decision an et
- Director, Services, Office of Administration and Resources Manag
- Grimsley, Ben B. Hayes, Director, Office of Investigations, denying the
, and request for records.
Copies of the request Exhibits A and B, respectively.and determination denying the requ
. Reqeester submits that the NRC's reliance on Exemption (7)(A) of the FOIA (5 U.S.C. 552(b)(7)(A) is inappropriate in thi instance.
Requester initially sought records relating to an s
investigation conducted by the Eastern District of California relating to a criminalUnited States Attorney in the investigation into the conduct of the Rancho Seco Nuclear P Plant operated by the Sacramento Metropolitan Unitilities Distri ower surrounding the discharge of radioactive liquid effluent into ct creeks outside the plant's boundaries.
the United States Attorney had already decided notThe request was made after criminal investigation.
to pursue a there can be no interference with any enforcementSince the
- dropped, proceeding insofar as the requested records are concerned.
In addition, production or disclosure is contrary to public interest. Requ that requested records relate to radiation exposure to persons living Th 8905260397 890209 PDR FOIA FRIEDMAB9-A-7 PDR
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APPEAL FROM INITIAL FOIA DECISION To Executive Director for Operations U.S. Nuclear Regulatory Commission From:
Requester Morton L. Friedman I
Re Request number FOIA-89-2 4
Subject of Request:
SACRAMENTO METRO UTILITIES DISTRICT i
Date:
February 9, 1989
{
Page two of two within the immediate vicinity of the Rancho Seco Nuclear Power Plant in Sacramento County, California, of each of these individuals is dependentand the health and-welfare upon the information requested.
Based upon the foregoing, the requester urges the agency to grant his request.
We are calendarin8 our request for twenty days plus time for mailing in which to receive a response.
We trust t.ta t your response will meet the requirement of explaining the manner in which Section 552(b)(5) applies to any record which nay be withheld.
Respectfully submitted FRI MAN, C A ARD & POSWALL MON O L.
MAN MLF:rh
gx '
U.S. Departg
- t of Justice Q
' United States Attorney Eastern District of California Room 3303 federalBuilding 916/331 4 700
. United States Courthouse 650 Capitol Matt Sacramento, California 93814 November 22, 1988 Susan A.
Nellor, Director Of fice of' Legal Services
~
Executive Office for U.S.
At to rn ey s-FOI A Room 6320 Pat Building 6th and D Streets N.W.
Washington, D. C.
20530 Re:
Freedom of Information Act Request SMUD (Sacr?,.nento Metropolitan Utilities District)
Dear M1. Nellor:
We are forwarding to you a request from Morton Friedman, an attorney :in a civil matter regarding SMUD in this district.
The request was sent directly to Mr. Flynn, the attorney on the criminal matter mentioned in the letter.
Mr. Flynn declined prosecution of thecriminal matter and it is now closed.
I am also forwarding to you the documents which comply with this request which are the case report of the Nuclear Regulatory Commission.
It is Mr. Flynn's understanding that, before any document is released, NRC will be allowed to review the documents for FOIA release. -The District Director is Roberb Marshal at FTS 463-3711.
~.
Very truly yours, DAVID F. LEVI
~
United States Attorney By:
PATSY SILVA Paralegal Assistant cc:
Robert Marshal Director NRC-Investigations 1450 Maria Lane, Suite 210 Walnut Creek, CA 94596 EXHIBIT A
Law orrsCES FRIEDM.AN, COLLARD & POSWALL womfoN L. reigowaw' paortSSaoMaL CORPCmATIoNS*
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j[,,,ng 7760 COLLEGE Town omsvt, Svitt 300 TELE 8acNC (9 ep asi gon 16 el 3se.? ode A LAN o CN S AC A Abi tNTO. C ALIF OR NIA 95 826 PAmmtm wM TC Eo7GA~~ ""7o*~sio~
November 3, 1988
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- S Am mY A. ZIM M ERM AN U.S. Attorney David Levy U.S. Federal Courthouse Building 650 Capitol Mall, Room 3305 Sacramento, CA 95814 ATTN:
Tom Flynn Assistant U.S. Attorney Re:
Freedom of Information Act Request
Dear Mr. Flynn:
Pursuant to Title 28 C.F.R.
16.1, et seq, and Title 5 U.S.C., Section 552, request is hereby made for all non-exempt and ncn privileged documents, letters, interviews,. statements, and any other tangible things or effects regarding the United States Attorney's investigation into the possible criminal indictments of employees of the Sacramento Metropolitan Utilities District following the discharge of radioactive liquid effluents at the Rancho Seco Nuclear Power Plant into Clay, Hadselville and Laguna Creeks in Sacramento County, California since 1980.
This investigation was conducted by the U.S. Attorney's Office for the Eastern District of California and was concluded without the filing of criminal indictments in or about August, 1988.
Request is also made for all reports supplied by any governmental agency including, but not limited to, the Nuclear Regulatory Commission, Lawrence Livermore National Laboratory and Oakridge National Laboratory, which were obtained in the course of the United States Attorney's investigation.
Application is also hereby made for a waiver of fees in connection with this request on the 8round that the information primarily benefits the general public.
In addition, many people who are claiming personal injuries and property damage as a result of the discharge of radioactive materials in a civil Page one of two
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'Nov' ember 3, 1988 Executive Office for United States. Attorneys U.S. Attorney David Levy _
Page 2 of 2 lawsuit filed in the Sacramento County Superior Court bearing. case number 333603, are persons who qualify for in forma pauperis projections under California law..Our firm is the attorney for these claimants in said Superior Court action.
Thank you for your prompt' attention and cooperation.
V ruly yours,
/
FRIE.
N, LLARD & POSWALL' MOR Oli L. FR BAZ:rh
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