ML19350D554

Appeals Denial of FOIA Request for Documents Re Task Force on Interim Operation Rept Re Facility

ML19350D554
Person / Time
Site:	Indian Point
Issue date:	02/18/1981
From:	Holt R NEW YORK UNIV., NEW YORK, NY
To:	NRC OFFICE OF THE SECRETARY (SECY)
References
FOIA-80-578, FOIA-81-43, FOIA-81-A-1 NUDOCS 8104160686
Download: ML19350D554 (1)

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O V APPEAL FROM INITInL FOIA DECISION February 18, 1981 Secretary of the Commission and/or Executive Director for Operations U.S. Nucicar Regulatory Commission APPEAL OF INITIAL FOIA DECISION 3 Washington, D.C. 20555 f/ -A- / C-( PO-67?y

Dear Sir:

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This letter constitutes a formal appeal of your letter dated January 21, 1981, signed by Mr. J.M. Felton, and referred to as FOIA-80-578.

In that letter numerous documents were listed on Appendix B as being exempt pursuant to Exeraption (5) of the Freedom of Information Act and pertinent impicmenting regulations.

It is my contention that certain of those documents, in toto and/or in part, are not covered by Exemption (5) in that some of the material is factual as distinguished from policy advice, that some of the material was incorporated into the agenef/s order of January 8,1981 on interim operation of Indian Point 2 and 3, and that in any event Exemption (5) is not to be applied by rote but that a balancing of the public interest favors disclosure in this particular request.

In addition, I contend that there is additional relevant information in documentary form that was not listed on either Appendix A or Appendix B in your January 21, 1981 response to my November 17, 1980 request for

. such documents.

1 I trust that the time requirements of 10 CFR secs. 9.11 and 9.13 will be adhered to in dealing with this appeal.

Thanking you for your continued cooperation, I am i

i Sincerely yours, C

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I Professor of Psychology

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January 21, 1981 Robert R. Holt, Ph.D flew York University Department of Psychology 611ashington Place, 4th Floor IN RESPONSE REFER flew York, NY 10003 TO F01A-80-578

Dear Dr. Holt:

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This'is in response to your letter dated flovember 17, 1980 in which you requested, pursuant to the Freedom of Information Act, a copy of all documents regarding the Task Force on Interim Operation of Indian Point submitted to the NRC Comissioners in June,1980 and any other subsequent correspondence.

The documents listed on Appendix A are enclosed. The documents listed on Appendix B ccntain information which constitutes advice, opinions and recommendations of the staff. This information is being withheld from public disclosure pursuant to Exemption (5) of the Freedom of Information Act (5 U.S.C. 552(b)(S)) and 10 CFR 9.5(a)(5) of the Comission's regulations.

Pursuant to 10 CFR 9.15 of the Comission's regulations, it has been determined that the information withheld is exempt from producti on or disclosure and that its production or disclosure is contrary to the public interest. The person responsible for this denial is Mr. Samuel J.

Chilk, Secretary of the Commission.

This denial may be appealed to the Conmission 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, 11ashington, DC 20555 and should clearly state on the envelope and in the letter that it is an " Appeal from an Initial FOIA Decision."

Sincerely,

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J. M. Felton, Director Division of Rules and Records .

Office of Administration

Enclosures:

As stated

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Re: F01A-80-578

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APPENDIX A

1. 6/13/80 tiemo to Commissioner Hendrie from Herb Fontecilla

2. 6/30/80 Memo to Hanrahan/Bickwit from S. Chilk -

Staff Requirements of Briefing on Recommendations of Indian Point Task Force (transcript of meetin Public Document Room)g available in the

3. 7/2/80 Memo to Commissioner Ahearne from Commissioner Hendrie -

4. 7/22/80 Memo to Manning from Hassell '

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Re: F IA-80-578

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APPENDIX B

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1. 6/25/80 Memo from Tom Gibbon to Commissioner Bradford Re: Indian Point

2. 7/11/80 Note from Bill Manning to Commissioner Gilinsky Re: Interim Operations

3. 7/15/80 Note from Bill Manning to Commissioner Gilinsky Re: Interim Operations

4. 7/21/80 Memo from Manning to Commission Assistants Re: Draft Order

5. 7/25/80 Draft of Commissioner Gilinsky's separate views

6. 7/25/80 Memo from Bradford to Commissioners Re:

Indian Point

7. 8/1/80 Memo from Roger Tweed to Samuel Chilk Re:

I.idian Point

8. 9/23/80 Memo from Bill Manning to Commissioner Gilinsky Re: Draft Order

9. 9/30/80 Memo from Commissioner Gilinsky to Commissioners Re: Draft Order

10. 11/5/80 Memo from Bill Manning to Samuel Chilk Re:

Draft Order ll. 11/23/80 Bill Manning's handwritten notes Re:

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12. 11/25/80 Note from Manning to Commissioner Gilinsky Re: Draft Order l 13. 11/26/80 Note from Manning to Commissioner Gilinsky l Re: Draft Order l

14. Undated Note from Bill Manning to Commissioner Gilinsky Re: Comments on Task Force Report c

15. Undated Draft - Gilinsky questions to the Appeal Board

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t New York Unhersity Afriu.:e uniscrsirs in shc rublic scnice Faculty of Arts and Science Department of Psychology -

Psycholog) fluilding 6 Washington Place 4th Floor New York, N.Y.10003 Tc!cphone: (212) 598-2745 November 17, 1980 Mr. Joseph Felton, Director FREEDOM OF INFORMATION Division of Rules and Records ACI REQUESI ~

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Office of Administration Nuclear -Regulatory Commission Washington, DC 20555 gF./g2 Ag - 8 0 p- 5 7 ?g

Dear Mr. Felton,

Pursuant to the Freedom of Information Act, I hereby request copies of the following: all reports, memoranda, drafts, statements of data, and other working documents relevant to the report of the Task Force on Interim Operation of Indian Point, submitted to the Commissioners in June 1980, and any other subsequent reports, memoranda, or correspondence pertaining thereto up to 11/14/1980.

Thanking you for your cooperation, I am .

Sincerely yours, f hC Robert R. Holt, Ph.D.

Professor of Psychology RRH:jc 1

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