ML20247N537

FOIA Request for Records Re Emergency Plan Dtd Sept 1988 or Later

ML20247N537
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	03/02/1989
From:	Belair R KIRKPATRICK & LOCKHART
To:	NRC OFFICE OF ADMINISTRATION (ADM)
References
FOIA-89-100 NUDOCS 8904060271
Download: ML20247N537 (2)

Text

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l' KIRKPATRICK & LOCKHART SOUTH LOBBY 9TH Floor ExcHANGEPMCf 1800 M STRF.ET N.W.

. H trMs srust WASri1NoToN, D.C. 200Sm1 1U8 BPJCMLL AVENUE MIAML FL 31111 TELEPHONE (202) 77&** 0 05) 874 4112 TELEX 440209 KL DC UI gg g.ER BUILDINO TiLECOE1ER (202) 749100 P!TTSBURGH. PA 15222 5379 (4 2) mm ROBERT R. BELAIR 002) 7 4 9023 March 2, 1989 HAND DELIVEhED g n 'j 07 L,J J Y ";' q

Director, Office of Administration KIE W Nuclear Regulatory Commission g[ "[

Room P378 7920 Norfolk Avenue g/ J g.p Bethesda, Maryland 20814 Re: Freedom of Information Act Request Gentlemen: 4 On behalf of our client, Suffolk County, Long Island, New York, we request, pursuant to the Freedom of Information Act, as amended, 5 U.S.C. Section 552 ("FOIA"), and the rules of the Nuclear Regulatory Commission ("NRC") issued thereunder, 10 C.F.R. Part 9, copies of correspondence, memoranda, notes, reports, or other recorded materials regardless of physical form or characteristic (" records") in the possession or control of the NRC dated September 1988 or thereafter relating to the Long I.sland Lighting Company's emergency plan for the Shoreham Nuclear Power Station, including any review of that plan by the Federal Emergency Management Agency (" FEMA") or its Regional Assistance Committee or any members thereof.

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In the event that access is denied to any of the records responsive to this request, please supply the following l information:

a. Identify the record of withheld portion of the record I and specify the statutory basis for the denial, as well as your I reason for believing that an exemptior, applies, as required by 10 l C.F.R. Section 9.10(b).

b. Segregate the nonexempt from the allegedly exempt portion of any withheld records and release the former, as required by 10 C.F.R. Section 9.3(b).

l 8904060271 890302 PDR FOIA PDR DELAIR89-100

i KIRKPATRICK & LOCKHART Director, Office of Administration Nuclear Regulatory Commission March 2, 1989 Page 2

b. Segregate the nonexempt from the allegedly exempt portion of any withheld records and release the former, as required by 10 C.F.R. Section 9.5(b).

c. Supply a detailed statement of the content of the withheld document or portion thareof, along with the date on which that document or portion thereof was written; its section heading or title; and an identification of any persons or entities who have received copies of such records or portions thereof, as required by applicable case law. Vaughn v. Rosen, 484 F.2d 820, 826-027 (D.C. Cir. 1973).

d. Separately state your reasons for not invoking your  ;

discreticaary power to release the allegedly exempt records or portions thereof. l 1

The undersigned will pay charges for search time and copying i fees, as provided by NRC regulations, 10 C.F.R. Section 9.14. If search and copying fees to be incurred by the undersigned will exceed $1000.09, please contact Rose HlainJ at (202) 778-9245 before this sum is exceeded. Any questions or ccmments concerning this request may also be directed to Ms. Hlaing.

We expect to receive your response to this FOIA request within ten (10) working days of your receipt of this request, as required by the FOIA, and as set forth at 10 C.F.R. Section 9.9(a).

) Sincere y,

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Robert R. Belair i

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RESPONSE TO FREEDOM OF -

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k / INFORMATION ACT (FOIA) REQUES Apg y fggg DOCKET NUVHEAts)(if ageceNej HEQUL' UTER Robert R. Belair PART 1.- AGENCY RECORDS RELEASED OR NOT LOCATED (See checked boxes)

No agency rce.ords subrect to the request have been located.

No addttional agency records subject to the request have been located.

R4 quested records are available through another public distnbution program. See Comments Section.

XX Agency records subiect to the request that are identified on Append.utesL_ $ are already available for pubhc inspection and copying m the NRC Public Ot:ument .*toom 2120 L Street. N W.. Washington. DC 20555 '

Agency recordt subiecs to the request that are identified on Appendiales) h _are being rnede available for pubhc inspection and copying in the g NRC Pubhc Document Rom, 2120 L Street. N W., Washington DC. in a bider under this FOtA number and requester name I The nonproprietary versson of the proposal (s) that you agreed to accept in a telephone conversation with a enember of my staff is now being made available for pubhc inspection and copying et the NRC Pubhc Documere Room 2120 L Street. N W., Washengton, DC, in a folder undet this FotA number and requester name a

Agency recorda subject to the request that are identifwd on Appendinfes) may be inspected and copied at the NRC Local fDbhc Document Room identified in the Comments Section.

Ers $osed is information 'on how you may obtain access to and the charges for copying records placed in the NRC Pubhc DxumedoA 2120 t Street NW.

Wei lington, 01 d

Agency records subrect to the request are enclosed.

Records subject to the request have been referred to another Federal agencybes) for rev,e ci and dvect response to you You will be billed by the NRC for fees totahng $

In view of NRC's responsa to this request, no further action is bemg taken on appealletter dated ., _, No PART II. A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE rertam nf omiotion [the requested records is being withheld fram pubN disclosure pursuant to the enemp00ns described in and for the reasons stated in Part 11, seCleons 8, C, a.id O Any releesed portions of the documents for which only part of the record is beeng withheld are being made available for publec inspecton and Copying in the NRC /ubhc Document Room. 2120 L Street. N W., Washington. DC. in a folder under this FOIA nut'ce and requester narne i

COMMENTS l

Jn a telephone conversation with Natalie Brown of my staff on March 23, 1989, Rose Hlaing of your office agreed to eliminate records that were served on the parties to the proceeding from the sccpe of this request.

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SIGNATuf DIRECTOh, DIV)dlON OF FREEDOM OF INFORMATION AND PUBUCATIONS SERVICES 5

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