brodsky letter to nrc - foia

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  • 8/6/2019 Brodsky Letter to NRC - FOIA

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    The Honorable Richard Brodsky2121 Saw Mill River Road

    White Plains, New York [email protected]

    May 26, 2011

    Chairman Gregory B. Jaczkoc/o Annette L. Vietti-Cook Secretary of the Commission U.S. Nuclear Regulatory Commission Mail Stop O-16G4 Washington, DC 20555-0001Darren B. AshDeputy Execitive Director For Corporate Management

    U.S. Nuclear Regulatory CommissionMail Stop O-16G4 Washington, DC 20555-0001NRC Freedom of Information Act and Privacy Act OfficerU.S. Nuclear Regulatory Commission Mail Stop T-5 F09 Washington, DC 20555-0001

    Freedom of Information Act Request

    Dear Chairman Jaczkoet, al.,

    On March 22, 2011 I filed with you a Freedom of Information Act request for a complete

    listing of exemptions granted by the Commission pursuant to its regulatory proceduresunder NRC Regulation 50.12.

    There are apparently thousands of such exemptions to health and safety requirements atlicensed facilities across the country. The number, kind, quality, purposes, conditions andconsequences of these exemptions are unknown. The Inspector General of the NRC andthe GAO have repeatedly raised serious concerns about these exemptions. My March 22FOIA request also made several specific requests permitted under FOIA, as the followingexcerpt from my letter sets forth.

    There is a compelling need for such expedited processing because failure to obtain the

    requested records within an expedited time frame could reasonably be expected to pose animminent threat to an individual's life or physical safety. These exemptions relieveoperators and reactors from strict compliance with the NRC's duly promulgated regulationsconcerning the health and safety of the public. They include, but are not limited to, issuesof fire safety, control of safety systems that are required for safe shutdown in cases wherecore meltdown is possible, safe evacuation of civilian populations, safe storage of spentfuel, and a variety of highly important health and safety matters."

    In spite of the importance of the issue, and inspite of requirements that I receive a

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    response within twenty days, with extensions for good cause possible, I have received noanswer to my March 22 request. I did receive two telephone calls from an NRC staffperson, both assuring me that I would receive an answer immediately. As of this writing, Ihave not received the information to which I am entitled.

    I ask for an immediate review by the Chairman and other responsible parties as to why

    events have transpired in this way. I ask that the information be immediately sent to me asrequired. I ask for a ruling on the individual requests contained in the March 22 submission.

    I look forward to an immedaite reply.

    Best wishes,

    Richard Brodsky