ML20112D904

FOIA Request for Repts & Records Received by NRC Since Sept 1975 Re Feasibility of Dry Cooling Methods for Nuclear Reactors

ML20112D904
Person / Time
Site:	Palo Verde
Issue date:	03/13/1984
From:	Ryan J STREICH, LANG, WEEKS & CARDON
To:	NRC OFFICE OF ADMINISTRATION (ADM)
References
FOIA-84-189 NUDOCS 8501140541
Download: ML20112D904 (3)

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-a. .so.t o.,e to u..as March 13, 1984 fflEEDOM OF INFORMATION ACT REQUEST Director Office of Administration

.hM -fy /p U.S. Nuclear Regulatory Commission N -@0N Washington, D.C. 20055 RE: Freedom of Information Act Request

Dear Sir:

Under the provisions of the Freedom of Information Act, 5 USC S552, I am requesting on behalf of our client, John F. Long, copies of all studies, reports and other records received or prepared by the Nuclear Regulatory Commission since September, 1975, which in any way concern or relate to the feasibility of dry-cooling methods for nuclear reactors, particularly, but not exclusively, as such methods might compare with various water-cooling methods.

As you know, the Act provides that search and duplication fees be waived when release of the information requested will primarily benefit the public. This request clearly meets that standard and we therefore ask that fees be waived.

All of the records requested herein relate directly to the issue of whether the use of water as a coolant for the reactors of the Palo Verde Nuclear Generating Station was adequately considered in terms of its impact upon the environment. The availability and use of water are matters of vital concern to the residents of the Phoenix metropolitan area and to all residents of the State of Arizona. These groups constitute the "public" which would primarily benefit from release of the requested information.

8501140541 840313 PDR FOIA

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STREICH. LANG. WEEKS & CARDoN l

. ..o. ...o . ... x ....o AT T O R N E Y S AT L AW Director Office of Administration U.S. Nuclear Regulatory Comm.

March 13, 1984 Page Two The records requested will contribute directly to enhancing the quality of public debate over the adequacy of government studies, reports, investigations, etc. on the environmental impact of using scarce water resources to cool the nuclear reactors at the Palo Verde Station. Evidence of this debate, as well as of our client's ability to disseminate information to the general public through his contacts in the news media, has already been submitted to the NRC in connection with Mr. Long's FOIA request of January 17, 1984 (NRC FOIA Case No. 84-47).

The only basis cited in support of the NRC's refusal to grant a waiver of fees in connection with the above-referenced FOIA Request No. 84-47, was that the responsive documents were also being made available to the general public through the Phoenix Public Library. In the interest of avoiding unnecessary duplication costs, we will deem it to be sufficient for the NRC to make documents responsive to this request available through the Phoenix Public Library, provided, however, that such documents are actually made available locally within the ten-day response period mandated by the Act. Accordingly, we expect that there will be no fees charged to our client in connection with this request.

Should you decide not to grant a waiver of fees in this case, please inform me immediately of the specific reasons for your decision. In no event, however, should disposition of the fee issue delay expeditious processing of this request for records as required by the Act. Please notify me at once at (602)257-0999 should the amount of fees that you intend to charge for this request exceed $250.00.

If all or any part of this request is denied, please cite the specific exemption (s) that you claim justifies your refusal to release the information and inform me of the appeal procedures available to me under the law. Of course,

< I expect to receive all segregable parts of any documents containing exempt information. I would appreciate your handling this request as quickly as possible, and I look forward to hearing from you within ten days as the law stipulates.

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ST R CIC H. l. ANG. WE E K S 6. C AR DON

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ATTO R N EY S AT L AW Director Office of Administration U.S. Nuclear Regulatory Comm.

March 13, 1984 Page Three should you have any questions regarding this request, #

please telephone me directly.

Very truly yours, Ja es A. R an :

JR:bem

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