ML20210G754

Forwards Douglas to Annast,Per V Stello

ML20210G754
Person / Time
Issue date:	03/06/1986
From:	Grimsley D NRC OFFICE OF ADMINISTRATION (ADM)
To:	Kowalski K SQUIRE, SANDERS & DEMPSEY
Shared Package
ML20210G757	List: ML20210G754
References
FOIA-85-375, FOIA-85-A-41 NUDOCS 8604020592
Download: ML20210G754 (1)

Text

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E WASHpeG TON, D. C. 20555 W68 m Kathiann M. Kowalski, Esquire Squire, Sanders & Dempsey IN RESPONSF REFER 1800 Huntington Building TO FOIA 85-A-41 Cleveland, OH 44115 (F01A-85-375)

Dear Ms. Kowalski:

In accordance with Mr. Victor Stello's letter dated February 24, 1986, enclosed is a copy of the May 10, 1978 letter to Annast from Douglas.

Sincerely, nu f Donnie H. Grimsley, Director Division of Rules and Records Office of Administration

Enclosure:

As stated s

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4 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 PS- ) - 9/E(#S-374 Re: Appeal from an Initial FOIA Decision POIA-85-375 h .

Dear Sir or Madam:

I am writing to appeal the Nuclear Regulatory Commis-sion's initial FOIA decision date-stamped September 27, 1985, denying disclosure of two documents listed in Appendix C to that decision. The documents are:

1. 05/03/78 Letter to Alderson from Douglas (9 pages);

2. 05/10/78 Letter to Annast from Douglas (5 pages).

The stated basis for the NRC's denial is that the docu-ments are " investigatory records compiled for law enforcement purposes." Because I understand that the licensee has taken remedial measures at the site in question, the question of agency enforcement action should be moot. There should no longer be any need to deny disclosure of the documents in question.

Aside from the foregoing, I believe that Mr. Douglas, the author of the two letters, was not an employee of the Nuclear Regulatory Commission at the time the letters were prepared.

Thus, Mr. Douglas' letters should not be subject to the exemp-tion. -

My FOIA request was initially submitted to the Nuclear Regulatory Commission in May, 1985.. I would appreciate a prompt response to this appeal.

Very truly yours,

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Kathiann M. Kowalski

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h. of~r~ 2 t1 May 16, 1985 N a ,6 W.C90M OF INFORMAR)N ACT REOtES3 Freedom of Information Officer Nuclear Regulatory Commission FDT A-05-315 shi g o '.C. 20555 M</ & Ef2I/ W Re: Request under Freedom of Information Act, 5 U.S.C. 5552

Dear Sir or Madam:

This letter is a request pursuant to the Freedom of Information Act, 5 U.S.C. 5552, and any other statutes, rules or regulations entitling the undersigned to the information reques-ted.

If any of the material requested has been published in g the Federal Register, it is acceptable to respond by giving the appropriate date .and page citation to the Federal Register.

Please send me immediately all requested materials which are easily located. If certain items require a search which can lead to delay in response, please do not wait to find them but send that material which has been located, and notify me - which docu-ments will be delayed.

The materials requested herein refer to a site located in Parkersburg, West Virginia for which licenses to store and process source material had formerly been issued to Amax Inc.,

Amax Specialty Metals Corporation, and - the Carbordndum Company.

I believe the licenses issued with respect to the site included:

SMA-1219 SMB-1418 STB-440 I understand that a written response will be made to me within ten (10) days, and I agree in advance to pay all reason-able costs incurred by the Nuclear Regulatory Commission in complying with this request, which are properly invoiced and due to. the Nuclear Regulatory Commission pursuant to the Freedom of Information Act and the Nuclear Regulatory - Commission's regula-tions. Please call me at (216) 687-8659 ir it is anticipated that these costs will exceed $100.00.

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( 'f Wak./Sm y k 9 9=p y Freedom of Information Officer Nuclear Regulatory Commission Page 2 May 16, 1985 INFORMATION REQUEST #1:

Please send me copies of all documents, records, or other' materials comprising, referrirg or relating to any investi-gation performed by Michael Annast' or by anyone else' by or on behalf of the Nuclear Regulatory Commission or the Atomic Energy

-Commission with respect to:

a) Possible unauthorized or unlawful burials of radioactive source material at the Parkersburg site

.by Amax Inc. (also known as Amax Specialty Metals Corporation, American Metals Climax Inc. and the Climax Molybdenum Company of Michigan), Carborundum Metals' Climax Corporation, the Carborundum Company, any of their agents or employees, or any other person; and/or b) The relative completeness of Amax Specialty- Metals Corporation's removal of Nigerian ore and other

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source material from the Parkersburg site to More-head, . Kentucky in or about 1968, including any x

information about the volumes of materials removed and the volumes that had been present at the site.

before the removal.

INFORMATION REQUEST #2:

Please send me' copies of all requests that have been made to the Nuclear Regulatory Commission pursuant to the Freedom of Information Act for documents pertaining to the Parkersburg site and any of licenses ~ STB-440, SMA-1219 and SMA-1418. For purposes of responding to this request, you ~need only send me copies of the letters describing the materials requested; it is not necessary at this time to send copies of the documents that were produced by the NRC to various people.in response to. those requests. -

Thank.'you for your cooperation. Please do not hesitate to call me if further clarification of these requests would be helpful-.to you.

Sincerely yours, Kathiann M. Kowalski

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.L-i. 92 /- $mb"d $deh M/6 74 r/ pay fyrsj sp.py L w. A w 74 so.ca August 29, 1985 K J st~. " #*/9"A 9a %/.L.J 687-8743 Mr. Frank Karas Division of Rules & Records Room.4210-NMBB Nuclear Regulatory Commission Washington, D.C. 26555 Re: May 16, 1985 Freedom of Information Act Request

Dear Mr. Karas:

I am writing you pursuant to our telephone conversation of today regarding the Freedom of Information Act request we filed on May 16, 1985 I have still not received any response from your office, although I understand that you now have the documents in hand. I must emphasize again how important it is

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for us to receive -those documents expeditiously. While'we have explained to'the court'that our Freedom of Information Act request was filed nearly four months ago, the court's patience and willingness to extend discovery in this case has ended. The court has made it clear in no uncertain terms that discovery will be cut off.at the close of this month. This causes me great concern because this.information is sought in an action involvi'ng millions of dollars in alleged damages, and the investigations conducted by the NERC in the 1970's may be crucial to the outcome of'the matter.

I understand that you.will be reviewing the documents as soon as possible and hope to have them to me sometime next week.

If there is anything that I can do to assist you in the review

. process or expedite the clearance procedures please contact me.

If, however, you are unable to get-the documents to us next week, I am afraid that we will need to, file action to pursue our rights under the Freedom of Information Act. I hope.'that that course of action will not be necessary, but. f.or- reasons beydnd 'my control continued delay is simply not acceptable. Again, please contact nns -

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(1 Wy~~e.W 4 4 0 m'y Mr.. Frank Karas August 29, 1985 Page 2 me if there is~.anything I can do to expedite disclosure of the material we requested in May.

Sincere 1,y,

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'Howa J. C Nicols HJCN/mac cc: Keith Kennedy, Esq.

Tom Hermann, Esq.

Kathi' Ann Kowalski, Esq.

BY FEDERAL EXPRESS 4

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