ML20206H602

Final Response to FOIA Request for Documents Re Securities Litigation of WPPSS Facilities.Search Discovered Over 500,000 Documents Available in Pdr.Some Documents Withheld (Ref FOIA Exemptions 3,4,5 & 7)

ML20206H602
Person / Time
Site:	Columbia, Satsop, Washington Public Power Supply System
Issue date:	04/10/1987
From:	Grimsley D NRC OFFICE OF ADMINISTRATION (ADM)
To:	Cohen D WACHTELL, LIPTON, ROSEN & KATZ
References
FOIA-84-617 NUDOCS 8704150397
Download: ML20206H602 (2)

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UMTED STATES g

! n NUCLEAR REGULATORY COMMISSION 5 . WASHINGTON, D. C. 20555 l

\...../ (DIb i Donald N. Cohen Wachtell, Lipton, Rosen & Katz 299 Park Avenue IN RESPONSE REFER New York, NY 10171 TO F01A-84-617 0W

Dear Mr. Cohen:

I This is in final response to your request under the Freedom of Information Act (F0IA), 5 U.S.C. 552 et _ seq _, for agency records which relate to various aspects of the Washington Fublic Power Supply System (WPPSS) Nuclear Projects 1 through 5. Several aspects of some of these projects are currently the subject of litigation styled In Re Washington Public Power Supply System Securities Litigation (MDL No. 551, W.D. Wa.).

In response to your FOIA request for agency records and several similar F0IA requests and in light of the possibility of third-party discovery of those documents in connection with the above-identified litigation, the Nuclear

! Regulatory Commission (NRC) has recently completed an agency-wide search of f

its files for all documents related to the WPPSS Nuclear Projects 1 through

. 5. Except for documents subject to withholding under F0IA Exemption 4

! (proprietary information), Exemption 3 (restricted data), and Exemption 7

)' (current investigatory matters), Exemption 5 (current litigation matters only) and selected formal adjudicatory records already publicly available, all agency records identified as a result of the above search (estimated to exceed 500,000 pages of documents) have been placed in the NRC Public Document Room located at 1717 H Street, N.W., Washington, D.C. 20555.

Moreover, in conjunction with activities by the United States Department of Justice, copies of these documents in a fann usable in the litigation I

identified above have been made, and are maintained by the Portland Field  ;

Office, Civil Division, U.S. Department of Justice, 500 N.E. Multnomah ,

j Street, Suite 829, Portland, Oregon 97232,(503)230-3102. I i If you filed your FOIA request as a direct or indirect representative of a party in the litigation identified above, copies of the publicly available I

! NRC documents pertaining to the relevant WPPSS projects may be obtained by }

contacting the Portland field office of the Department of Justice directly. l l In addition, parties will be able to obtain through the Portland field office '

and under protective agreement, copies of proprietary documents withheld from j the general public under Exemption 4 of the F0IA.

I i

If you did not file your FOIA request as a direct or indirect representative of a party to the litigation identified above, you may obtain access to the publicly available documents pertaining to the relevant WPPSS projects through the NRC Public Document Room at the location identified above.

However, certain documents responsive to your request have been identified as containing (1) restricted data (2) confidential comercial information, (3) informationpertainingtocurrentinvestigativematters,and(4)information revealing litigative strategy of current agency interest. These records are being withheld from public disclosure pursuant to Exemptions 3, 4, 5 and 7 of l the F0IA, 5 U.S.C. 552(b)(3), (4), (5) and (7), and 10 CFR 9.5(a)(4), (5) and (7) of the Comission's regulations.

8704150397 870410

$EN 617 PDR

Mr. Bruce Cohen Pursuant to 10 CFR 9.15 of the Commission's regulations, it has been determined that the infonnation withheld is exempt from production or cisclosure and that its production or disclosure is contrary to the public interest. The person responsible for the denial of these records is Mr. C.

Sebastian Aloot, Office of the General Counsel.

This denial may be appealed to the Secretary of the Comission within 30 days from the receipt of this letter. Any such appeal must be in writing, addressed to the Secretary of the Commission, U.S. Nuclear Regulatory Comission, Washington, DC 20555, and should clearly state on the envelope and in the letter that it is an " Appeal from an Initial F01A Decision."

Sincerely, 8 ~8" Donnie H. Grimsley, ector Division of Rules & Records Office of Administration I

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WACHTELL, LIPTON, ROSEN & KATZ 299 PARK AVENUE

• N E W Y O R K, N. Y.10171 (212) 371-920 0 MARTIN LIPTON ALL AN A. M ARTIN ggggy; wy ggygyg L AWRCNCE P. EING HEROCRT M. WACHTCLL DENi$ F. CRONIN LE!NAMO M. ROSEN BAR AT 4. S A< C R CABLE TELLROSE NEW YORK. OF COUNsth SEORGE A.nATE L AWRENCE 3. PEDOWITI THC000Rt GgWtRT2 ROBERT 3. MAI'JR TELECOPIER:(212) 371 1678 MICHAEL M. 0TOWITI THOMAS MOCRS MA'ER WARRgm R. 5 TERN PATRICIA A.VLAMAEl$

SERNARO W. NU5584WM PAUL vt2CARRONDO.JR. sARRY A.WEPRsN FRtDRsc M.GOLOSTEIN CERTR AM M. N ANTOR PAUL E.LEvtNC WILLIAM C. STERLING, JR. PETCR C, MCsN LOUIS J. BAR A$M SETw A.RAPLAN RICHARD O. a ATCHER ANDREW R.GROWNSTEIN RAMEN G. ANUCCER MANOLO S. NOvimOFF JAMES M. FOGELSON MICHAtt 3.MsMMEL MICHAEL E. MARTIN DAVfD M. KINMORN DOUGLAS S. LeteMAFS A T ILAN R. REICM BARSARA ROSSINS RCNNETH 8. FORREST PCTER O.MCAENNA PAUL R. ROWE STEvtM A. RO$thekUM MCTCR G. ROPLOW LAURENCE D.CMERal$ RICHARD s. Su AFF PAMELA S. SETMON TMCOOORC N. M6RVIS ETEVEN es SANNA AMT R. WOLF STEWART E.TASIN EDWARD O.MERLlHT MICHACL B, SENNER CHARLES T. MtotRRICR ROSERT N. M ACRIS DONALD N.COMEN LAWRENCE LED (RMAN RICHARO O. F(tNTUCH RICM ARD Of ROSE RICHARD F. LUBAR$ET CHAIM J. FORTGANG DAVIO GRUENSTEIN SETM M. PottsAum DANett A. Nf FF PETER C.CANCLLOS ERIC M. po'" SMARON L.TILLMAN ERIC S. ROSIN 50N MICHAEL W. SCHWART2 3, 1984 " ' " * " ""'"'

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JEFFREY A.WAS$tRSTEIN RICHARD M. WEISS FREEDOM OF ENFORMATV)H Mr. J.M. Felton, Director ACT REOUEST Division of Rules and Records FOD q United States Nuclear W}

Regulatory Commission Q.t y pg )h 8

Washington, D.C.- 20555 Re: Freedom of Information Act Request

Dear Mr. Felton:

Mr. Bruce K. Cohen of Meredith & Cohen sent you a letter dated July 20, 1984 containing a Freedom of Infor-mation Act request on behalf of all plaintiffs in In re Washington Public Power Supply System Securities Litigation (MDL No. 551, W.D. Wash.). A copy of Mr. Cohen's letter is enclosed for your convenience. Pursuant to 5 U.S.C. S 552, I hereby request that you send me a copy of all responses made to Mr. Cohen's July 20 letter.

If you have any questions regarding the foregoing, please do not hesitate to contact me.

Very truly yours,

.b , h4v Donald N. Cohen DNC:sl Enclosure cc: Bruce K. Cohen, Esq.

All Lead and Liaison Counsel (w/o Encl.)

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.. . [ -d,O3 M EREDITH & COH EN, P. C.

ATTOMNEYS AT LAW 22ND FLOOM ARCHITECTS BL*ILDING 877H A EAN50M STREET 5 P H ! W E LPH 1.A . PA 19103 JOEL C N EREDITH 215 564 5182 s t !7 E 300 TELECOP3E3 ass,569-09S8 SRUCE E COHEN BO8 TM.E M CM'T S TR E E ?

STEVEN J. G REEN FOGEL

• mos70A MA- 02act atso MEwarp isass ham e st 4 *0723 July 20, 1984 J.M. Felton, Director Division of Rules and Records United States Nuclear Regulatory Commission Wasnington, DC 20555 Re: Freedom of Information Act Request

Dear Mr. Felton:

P ur s uant to 5 U.S.C. Section 552, we hereby request, on behalf of all plaintif fs in In Re Washington Public Power Supply System Securities Litigation (MDL No. 551, W.D.Wa. ), an opportunity to inspect and/or copy records within your posses-sion, custody or control, including without limitation, all documents, handwritten notes or typed memoranda which refer, relate to or incorporate the following:

(1) Applications for Limited Work Authorizations by the Washington Public Power Supply System (herein-after "the System') for its Project Numbers 1, 2, 3, 4 and/or 5.

(2) Applications for Construction Permits by the Sys-tem for its Project Numbers 1, 2, 3, 4 and/or 5.

(3) Applications for extensions of the completion date of a Construction Permit by the System for its Project Numbers 1, 2, 3, 4 and/or 5.

(4) Applications for a license by the System for its Project Numbers 1, 2, 3, 4 and/or 5.

(5) To the extent not requested in sub-paragraphs 1-4 hereof, applications by the System for any other type of authorization, permit or license pursuant to 42 U.S.C. Sections 2232 or 2235.

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M EREDITH & 'CdH $N. P. C.

J.M. Felton, Director J uly 20, 1984 Page Two (6) Communications between you or your personnel'on the one hand and the System or those speaking on its behalf, (including but not limited to, attor-neys, engineering, contracting and consulting firms), concerning adequacy and safety of design, engineering and/or construction of the System's Project Numbers 1, 2, 3, 4 and/or 5.

(7) Communications between you or your personnel on the one hand and the System or those speaking on its behalf, (including but not limited to, attor-neys, engineering, contracting and consulting firms), concerning changes in Nuclear Regulatory Commission rules, regulations or requirements.

(8) All documents relied on or considered or filed of record in connection with any decision of the Nuclear Regulatory Commission, its Boards, Panels or other divisions of any type, (including but not limited to the Atomic Safety and Licensing Board and the Atomic Safety and Licensing Appeal Board),

relating to the System's Project Numbers 1, 2, 3, 4 and/or 5.

(9) Transcripts of any hearings held pursuant to 42 U.S.C. Section 2239 in connection with the Sys-tem's Project Numbers 1, 2, 3, 4 and/or 5.

(10) The ability of the System to finance its Project Numbers 1, 2, 3, 4 and/or 5.

(11) The ability, willingness and/or authority of the ,

Participants to have entered into and/or comply .!

with the terms of the Participants Agreement pro-viding security for the System's Project Numbers 4 and 5 Bonds. ,

l (12) The need for the System's Project Numbers 4 and 5, including consideration of any alternatives to their construction.

Pursuant to 5 U.S.C. Section 552(a)(6)(A), we hereby request that the NRC respond in writing to this request within ten (10) days after its receipt. We further request that, if you deny any portion of this request, you provide a detailed

ME EDITH & ICdh fN, P. C.

J.M. Felton, Director July 20, 1964 Page Three statement of the reasons f or such denial and a description of all documents or portions of documents withheld.

The undersigned and other plaintif fs' counsel- will be available to inspect and copy these documents promptly upon their production and will pay any reasonable costs associated therewith. Your attention to this request would be greatly

- appreciated.

Sincerely, MEREDITH & CCHEN, P.C.

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' Mm By:' Bruce K. Cohen 1

J BKC/ jr cc: Paul M. Bernstein, Esquire Melvyn I. Weiss, Esquire James R. Irwin, Esquire Michael Mines, Esquire David Berger, Esquire Mark C. Rutzick, Esquire All Defendants' Lead and Liaison Counsel 4

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