ML20107J679

FOIA Request for Documents Re Issues Discussed in Commission 840516 Order CLI-84-8

ML20107J679
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	12/21/1984
From:	Belair R KIRKPATRICK & LOCKHART
To:	NRC OFFICE OF ADMINISTRATION (ADM)
References
FOIA-84-942 CLI-84-08, CLI-84-8, NUDOCS 8502270633
Download: ML20107J679 (3)

Text

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"""2 December 21, 1984 isoo ouvtm suumo MIT58UkCH. PA 15222 4412) 155 45o0 N1 DIRECT DIAL NUMBER (202) 452-7023 HAND DELIVERED Director FREEDOM OF INFORMATION Office of Administration ACI REQUEST U.S. Nuclear Regulatory Commission Washington, D.C. 20555 For A-s'- M

Subject:

Freedom of Information %m]t29/94 Act Reque d Gentlemen:

On behalf of our client, Suffolk County, we request pursuant to the Freedom of Information Act, as amended, 5 U.S.C. S 552

("FOIA") , and the rules of the Nuclear Regulatory Commission ("NRC")

issued thereunder, 10 C.F.R. Part 9, copies of written materials in the possession or control of the NRC, whether in the Commissioners' offices, the Office of General Counsel, the Office of Policy Evalua-tion, the Office of the Executive Director of Operations, or any other NRC of fice, which relate in any manner whatsoever to the is-sues discussed in "CLI-84-8" -- a May 16, 1984 Commission order per-taining to exemption requirements in the Shoreham operating license proceeding.*

Without limiting the scope of this request, but merely to assist the NRC in its search, the materials that we are requesting may include the following:

1. Transcripts and/or notes of any meetings attended by the Commissioners and/or by NRC Staff and/or by other persons at which issues addressed in CLI-84-8

. were discussed.

I Suffolk County has already obtained copies of the transcripts of the May 7 oral argument before the Commission and the Commission's Shoreham meetings of April 23, 24, 26 and 27. Therefore, copies of these transcripts need not be produced except to the extent that the i

NRC has possession or control of transcripts which have handwritten t notations thereon.

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! 8502270633 041221 PDR FOIA DELAIRB4-942 PDR 1

KRKPA, TRICK 6 LOCKHART U.S. Nuclear Regulatory Commission Page 2 December 21, 1984

2. Any materials relating to the "as safe as" standard adopted in CLI-84-8, including any materials which relate to whether the "as safe as" standard will affect the application of the provisions in 10 C.F.R. S 50.47(d) to the Shoreham low power exemption proceeding.

3. Any materials relating to whether to replace the Licensing Board for low power matters chaired by. Marshall E. Miller, Esq., and any materials relating to the Miller Board's in-volvement in the Shoreham proceeding.

In the event that access is denied to any part of the re-quested materials, please supply the following information:

A. Identify the withheld or deleted material and specify the statutory basis for the denial, as well as your reasons for believ-ing that an exemption applies, as required by 10 C.F.R. S 9.10(b).

B. Segregate the non-exempt from the allegedly exempt portions of all materials and release the.former, as required by 10 C.F.R. S 9.5_(b).

C. Supply a detailed statement of the content of the withheld or deleted material, along with the date on which the material was written; its title or section heading; its author; the author's title; and the identification of any persons or entities who have received copies of such material, as required by applicable case law. Vaughn v. Rosen, 484 F.2nd 820, 826-27 (D.C. Cir. 1973).

D. Separately state your reasons for not invoking your discretionary power to release the allegedly exempt materials. 10 C.F.R.'S 9.9.

The undersigned is willing to inspect the requested material prior to its reproduction in order to identify specific material for reproduction.

KRKPATRICK & LOCKHART U.S. Nuclear Regulatory Commission Page 3 December 21, 1984 The undersigned will pay charges for search time and copying fees, as provided by NRC regulations at 10 C.F.R. S 9.14. If search I and copying fees to be incurred by the undersigned will exceed $500, l please notify the undersigned before this sum is exceeded. I We expect to receive your response to this FOIA request with-in ten (10) working days of your receipt of this request, as required 9.8..

under the FOIA and as set forth at 10 C.'F3R. S Sincer,edy, ,

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Robert R. air RRB/lbw