ML20080T627

Appeals Denial of FOIA Request for T Novak Notes Generated by or During Visit to Glen Ellyn,Il to Discuss Ofc of Special Cases Findings Re Facilities from Sept 1982 to Dec 1983

ML20080T627
Person / Time
Site:	Midland
Issue date:	01/17/1984
From:	Garde B GOVERNMENT ACCOUNTABILITY PROJECT
To:	Felton J NRC OFFICE OF ADMINISTRATION (ADM)
References
FOIA-83-706, FOIA-84-A-6 NUDOCS 8403010488
Download: ML20080T627 (1)

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.e GOVkRNMENT ACCOUNTABILITY PROJECT Institute for Pohty Studies 1901 Que Street. N.W.. Washington. D.C. 20009 (202)234 9382 January 17, 1984 J. M. Fel ton APPEAL OF INil;/.L FGa DECEC'-

Director Givision of Rules and Records Office of Administration 4/3 in

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ryg U.S. Nuclear Regulatory Commission Washington, D.C. 20555 d Ll'2O'I C

Re: F01A-83-706, January 12, 1984 _?

Dear Mr. Felton:

Your January 12, 1984, letter regarding my November 26, 1983, request is vrelear.

My request was for any notes of Mr. Tom Novak generated by or during h5s trip

! to either the Midland site or the Glen Ellyn office to discuss the Office of i Special Cases (OSC) findings about the Midland Plant from September,1982 to Dece<ber,1983 (and persons who accompanied him on his visits).

If your January 12, 1984, response to my request is to be construed as a final

?.gency decision stating that Mr. Novak has no notes of any meetings with the OSC regarding the Midland Plant, then please state that in clearer language, in:.luding the final Agency response clause, so that I can take further action.

Very truly yours,

.( .C. , t1, c e_.

Billie Pirner Garde Citizens Clinic Director BPG:me

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G403010488 840117 PDR FOIA GARDE 84-A-6 PDR w B e--

JAN 12 B84 1

Ms. Billie Pirr_er Garde Citizens Clinic Director Government Accountability Froject lastitute for Policy Studies ~

1901 Que Street, NW Ili RESPONSL RErER Washington, DC 20009 TO F01A-83-706

Dear Ks. Garde:

This responds to your letter. dated November 26, 1983 in which you requested, pursuant to the Freedom of Information Act, records relating to Tom Novak's visits to Glen' Ellyn, Illinois Regional Office to discuss the Office of Special Cases (OSC) findings about the Midland Plant from approximately September 1982 thru December 1983.

The NRC has interpreted your request to be for records in the possession of Mr. Novtf. and persons who accompanied him on his visits to Glen Ellyn Illinois Regional Office to discuss OSC findings about the Midland Plant from approximately September 1982 thru December 1983. Mr.

Novak and Mr. Darl Hood who accompanied him on tva trips, have no records relating to meetings regarding OSC findings about the Midland Plant.

Sincerely.

TO a)1. . S i~ .

J. M. Felton, Director.

Division of Rules and Records Office of Administration l

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November 26, 1983 Director FREEDOM OF INFORMATION-Office of Administration ACT REQUEST 4 U.S. Nuclear Regulatory Commusior p ., g, I, - k Washington, D.C. 20555 To Whom It May Concern:

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Pursuant to the Freedom of Information Act (F0I A), 5 U.S.C. 552, the Government Accountability Project (GAP) of the Institute for Policy Studies, requests copies of any and all agency records and infora.ation, including but not limited to notes, letters, memoranda, drafts, minutes, diaries, logs, calendars, tapes, transcripts,

- summaries, interview reports, procedures, instructions, engineering analyses, drawings, files, graphs, charts, maps, photographs, agreements, handwritten notes, studies, data sheets, notebooks, bocks, telephone messages, computations, voice recordings, any other data compilations, interim and/or final reports, status reports, and any and all other records relevant to and/or generated in connection with and/or as a result of or developed by Mr. Thonas Novak relating to hi; visit to the Midland Nuclear plant site and/or his visits to the Glen Ellyn, Illinois Regional Office to discuss the ._.

Office September,1982of Specialthru Cases'(OSC) findings about the Midland plant from approximately December,1983. -

This request Manuel, Appendixincludes 0211 all agency records as defined in 10 C.F.R. 9.3a(b) and the NRC '

Parts 1.A.2 and A.3 (approved October 8,1980), whether they currently exist other location, including in NRC cfficial " working" investigative or other files, or at any -

private residences. '

If any records, as defined in 10 C.F.R. 9.3a(b) and the NRC Manual, supra, and -

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covered by this request have been destroy.'d and/or removed, or are destroyed and '

removed after receipt of this request, please provide all surrounding records, including but not limited to a list of all records which have been or are destroyed and/or removed, a description of the action (s) taken, relevant date(s), individual, i 1 office and/or agency-wide policies and/or justifications for the action (s), identifi- ~

cation of all personnel involved with the actions, and any and all records relevant to, generated in connection with, and/or issued in order to implement the ac. tion (s).

GAP requests that fees be waived, because " finding the information can be considered as primarily benefitting the general public," 5 U.S.C. 552(a)(4)(A). The Government ~

Accountability Project h a non-profit, non-partisan public interest organization 'u.

concerned with honest and open government. Through legal representation, advice, national conferences, films, publications and public outreach, the Project promotes whistleblowers as agents of government accountability. Through its Citizens Clinic, GAP offers assistance to local public interest and citizens groups seeking to ent.re the health and safety of their communities.

The Citizens Clihic is currently assisting several citizens groups and intervenors in the Midland area concerning the construction ' '

of the Midland Nuclear Plant.

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a Wt are requestir g thi e!>: ve inf orma t ion a s a pa r t o f a r. or gt.i rig r: ..r i t t.r i r,;. pr i jt ; '. t.'

the adequacy of tht idkC's efforts to protect public safety and health at r.utitcr p;iet r plants .

For any documents or portions thereof that you deny due to specific FOI A exemption, please provide an index itemizing and describing the documents or portions of documents withheld. The indtx SNuld provide a detailed justification of your grounds for clai.?ing each exemption, explain}ng why eat.h exemption is relevant to the document or portion of doctiment withheld. This index is required under Vaughn v. Rosen y, 484 F.2d 820 (D.C.Cir.1973) _c.ert. denied, 415 U.S. 977 (1974).

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We look forward to your response to this request within ten days.

Sincerely,

\h4 h. Et t_ J B5111e Pirner Garde Citizens Clinic Director BPG:me

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