ML20205S297

Responds to FOIA Request for Testimony Prepared by NRC or Consultants Re Effect of 860131 Earthquake on Plant for Presentation at Aslab 860512 Hearing.App Documents Withheld (Ref FOIA Exemption 5)

ML20205S297
Person / Time
Site:	Perry
Issue date:	05/27/1986
From:	Grimsley D NRC OFFICE OF ADMINISTRATION (ADM)
To:	Hiatt S OHIO CITIZENS FOR RESPONSIBLE ENERGY
References
FOIA-86-324 NUDOCS 8606120164
Download: ML20205S297 (2)

Text

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• " No. UNITED STATES

• 8 - 1 NUCLEAR REGULATORY COMMISSION 5 E WASHINGTON, D. C. 20555

%,....+/ MAY 2 71986 Ms. Susan L. Hiatt OCRE Represen.tative 8275 Munson Road IN RESPONSE REFER Mentor, OH 44060 TO F01A-86-324

Dear Ms. Hiatt:

This is in response to your letter dated May 6, 1986, in which you requested, pursuant to the Freedom of Information Act (F0IA), copies of any testimony prepared by NRC staff or consultants concerning the January 31, 1986, earth-quake in Ohio and its effect on the Perry nuclear power plant for presentation before the Atomic Safety and Licensing Appeal Board (ASLAB) hearing on the Perry plant which was originally scheduled for May 12, 1986. As you are aware, the ASLAB's Order scheduling a hearing on May 12, 1986, was vacated by Commission action.

The records identified on the enclosed appendix are copies of draft testimony prepared by the Office of Nuclear Reactor Regulation (NRR) staff to have been presented at the cancelled ASLAB hearing. These records are being withheld from public disclosure pursuant to Exemption 5 of the F0IA (5 U.S.C.

552(b)(5)) and 10 CFR 9.5(a)(5) of the Commission's regulations. These drafts contain the opinions, views, and comments by .*!RC staff, the release of which would tend to inhibit the open and frank exchange of ideas essential to the deliberative process. There are no reasonably segregable factual portions.

Pursuant to 10 CFR 9.9 of the NRC's regulations, it has been determined that the information withheld is exempt from production or disclosure, and that its production or disclosure is contrary to the public interest. The persons responsible for the denial of these records are the undersigned and Mr. Harold R. Denton, Director, NRR.

This denial may be appealed to the NRC's Executive Director for Operations within 30 days from the receipt of this letter. As provided in 10 CFR 9.11, any such appeal must be in writing, addressed to the Executive Director for Operations, U.S. Nuclear Regulatory Commission, Washington, DC 20555, and should clearly state on the envelope and in the letter that it is an " Appeal from an Initial F0IA Decision."

Sincerely, we NA "vd Donnie H. Grimsley, Director Division of Rules and Records Office of Administration

Enclosure:

As stated 8606120164 860527 hTT 24 PDR

8 Re: 'FOIA-86-324 Appendix

1. Undated Testimony of James J. Johnson before the Atomic Safety and Licensing Appeal Board (ASLAB) relating to the January 31, 1986 earthquake in northern Ohio (2 pages)

2. Undated Testimony of Arnold J. H. Lee and Harold Polk before the to the January 31, 1986 earthquake in ASLAB northern relating Ohio (23 pages)

3. Undated Testimony of Phyllis Sobel before the ASLAB relating to the January 31, 1986 earthquake in northern Ohio (8 pages) i 4

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