ML20203C232

Appeals Lack of Response to FOIA Request for Documents Re NRC Investigation Into Complaints of Register,L Price & JB Register Concerning Illegal & Improper Procedures & Practices at Facility

ML20203C232
Person / Time
Site:	Vogtle
Issue date:	03/05/1986
From:	Fowler L AMERICAN CIVIL LIBERTIES UNION, SPEARS, B.
To:	NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
References
FOIA-86-43, FOIA-86-A-31 NUDOCS 8607180379
Download: ML20203C232 (2)

Text

. - -. - . - . .

Law Offices of BRIAN SPEARS SUITE 220 GRANT BLDG.

9 ATTORNEY AT LAW 44 BROAD STREET, N.W.

BRIAN SPEARS ATLANTA. GEORGIA 30303 LAURIE FOWLER (404)522 4 94 l-March 5, 1986 4 Executive Director for Operations Nuclear Regulatory Commission A,,~.

k. b. ,, ML FOM r- - -

1717 H Street, N.W.

Washington, D.C. 20555 Mde-A-J dQg g j Re: Appeal of FOIA Denial 7~ND

Dear Sir:

i On January 16, 1986, I requested on behalf of the American Civil Liberties Union of Georgia, copies of all documents regarding NRC's investigation into the Complaints i of Susan Register, Leslie Price and James B. Register re8arding illegal and improper procedures and practices at t

Georgia Power Company's Nuclear Plant Vogtle in Waynesboro, ,

Geor81 a. This request was made pursuant to the Freedom of Information Act (F01A), 5 U.S.C.A. Sec. 552 as amended. A copy of this request is enclosed. By letter dated January

21, 1986, from Linda L. Robinson, I received acknowledgement of receipt of my FOIA request. To date, I have received no 2

written response to my request.

The Freedom of Information Act provides that an initial determination of whether to comply with the request must be

, made within ten (10) working days, 5 U.S.C.A. Sec.

l 552(a)(6)(a)(i) and that there be no more than one extension of ten (10) working days in specified, unusual circumstances, 5 U.S.C.A. 552(a)(6)(b). Since the NRC

received my initial request prior to January 21, 1986, its initial response period, as well as the statutory extension I

period, has long since elapsed. This unreasonable delay is thus to be treated as a denial of that request, and this letter is a formal appeal from that denial.

I fully expect that the records requested will be furnished to me without further unnecessary delay. If, however, you should decide to withhold any portion of the requested records under the FOIA, and not to disclose them pursuant to your discretionary powers, I request that you l include with your final decision an index and itemization of 1 the withheld records correlated with the alleged statutory justification for withholding. The inclusion of such a description will better enable me to assess the need for further legal action, or help to avoid possibly unnecessary litigation. In the absence of such a description, a lawsuit will most likely be filed in which case you undoubtedly will be required to file such an index. See, e.g. Vaughn v.

Rosen, 157 U.S. App. D.C. 340, 484 F.2d 820 (1973), cert.

denied. 415 U.S. 977 (1974).

0607180379 860305 1 PDR FOIA FOWLER 86-A-31 PDR

-t Under the terms of the FOIA, I expect a reply within twenty (20) working days, 5 U.S.C.A. Sec. 552(a)(6)(A)(II).

Since the NRC has already taken more than ten (10) additional days with respect to its initial denial, no further extensions are available, 5 U.S.C.A. Sec. 552(a)(6)(B).

Sincerely, j(n.w 4..cb Laurie Fowler Cooperating ACLU Attorney LF:jy D

l l

2 l

l l

l

.