ML20247L889

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Appeals Failure to Respond to 890731 Request for Documents Re Onsite Exercise
ML20247L889
Person / Time
Site: Seabrook  NextEra Energy icon.png
Issue date: 08/18/1989
From: Brock M
MASSACHUSETTS, COMMONWEALTH OF
To:
NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
References
FOIA-89-326, FOIA-89-A-27 NUDOCS 8909250082
Download: ML20247L889 (1)


Text

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. D- THE COMMONWEALTH OF MASSACHUSETTS g yy3 ' DEPARTMENT OF THE ATTORNEY GENERAL f$j i- JOHN W. McCORM ACK STATE OFFICE BUILDING 5{' -

ONE ASHBURTON PLACE. BOSTON o21o8-1698 WFN, Of INmA!. EO:A D:'CC;c-

' JAMES M. sHANNoN [# . A ,g g ]yg ,

ATTORNlv GENERAL August 1 , 1989 L 'd .1-2 2. -P /9 Executive Director for Operations U.S. Nuclear Regulatory Commission Washington, DC 20555 RE: Appeal from Initial FOIA Decision

Dear Sir:

Pursuant to 10 CFR 59.25(g) and 59.29, the Massachusetts Attornav General's Office (Mass AG) hereby appeals from the fa115:e of the NRC to respond to Mass AG's Freedom of Information Act (Fv1A) request dated July 31, 1989 ("RequeFt"). In support of this appeal, Mass AG states:

1) Under date of July 31, 1989, the Mass-AG served upon the Director, Division of Rules and Records, a FOIA request for documents w:ating to the on-site exercise at the Seabrook Nuclear Power Plant, presently scheduled for September, 198t.

Exhibit 1, attached.

2) The on-site exercise is required by Commission regulations under 10 CFR Part 50, Appendix E, SIV.F.1.

Appliclants' performance during the on-site exercise is material to the Commission's determination as to whether or not a full-power operating license for Seabrook should issue.

3) Unless Mass AG is provided the requested documents in advance of the exercise, it will be prevented from fully and independently evaluating the merits af Applicants' on-site exercise performance.
4) More than 10 working days have passed since the Director was served with the request. To date, NRC has not responded to the request, as required by regulations, including 10 CFR 59.25!e) and (g).
5) Mass AG therefore requests an immediate determination of this appeal and that all requested documents be promptly produced in advance of the on-site exercise.

Ver ' truly yo Matthew T. Brock 0909250082 890818 Assistant Attorney General CK A-27 PDR Nuclear Safety Unit Public Protection Bureau (617) 727-2200 cc: mta!:a ?rown

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