[ RadSafe ] NRC Restores Document Access
James Salsman
james at bovik.org
Sun Jun 26 22:34:54 CEST 2005
If you need, or you think there is a public need, for government
document access, you can file a Freedom of Information Act request:
http://www.rcfp.org/foi_letter/generate.php
If you use that template, then your letter will request the reasons
that the information is not being released. If you think there is
a more important reason that it should be released, then you can
file suit in U.S. District Court. If you win, your fees are covered.
If you think there is a chance that you might not win, then try to
get an attorney to represent you "pro bono" (for free) -- i.e., go
through your County Bar Association's directory phoning and asking
whether they could use a Freedom of Information Act case for pro
bono work, or use the form you get with this URL:
http://legalrecords.findlaw.com/ss/search_results_exp.jsp?ch=LP&legaltopic=1&legalissue=112&search=exp&law=lawyer
except plug in your location and use "First Amendment Law" instead
of "Constitutional Law" for your first pass. Don't forget to ask
for referrals if they don't need any pro bono work. Or, you can
file in propria persona (without a lawyer) in which case you really
should study these resources first:
Nolo Press self-representation FAQ:
http://www.nolo.com/article.cfm/ObjectID/75864481-C7EE-4427-A9F16A1254455EA4/catID/8F965511-320B-429E-AFF92326E148C549/104/308/214/FAQ/
Pertinent Nolo Press books:
http://www.isbn.nu/0-87337-908-X
http://www.isbn.nu/1-4133-0178-9
http://www.isbn.nu/1-4133-0058-8
Federal Court Rules of Procedure:
http://www.law.cornell.edu/rules/frcp/overview.htm
Federal Court Forms:
http://forms.lp.findlaw.com/map.html
(click location, "US District Court," "Civil,"
The Reporters Committee for Freedom of the Press -- www.rcfp.org --
might agree to help for free, too, if you can find a reporter who
wants to write a story about something that the NRC decided (in an
"abundance of caution," probably) to withhold which would be a
greater benefit health and safety more if it were available.
Frankly, I can see why they don't want to release records of
licensees, who are likely to have addresses near vulnerable
storage facilities for
The sealed source registry database is also a threat to the extent
that existing sources with legitimate purposes could be used to
mask the presence of restricted materials. However, I am not
certain whether that concern outweighs the benefit of the health
professionals' community having access to it. That's probably
something that the NRC isn't going to think about until there's
an accident that could have been avoided if the database had
been public. Perhaps the NRC could be persuaded to provide free
NukAlerts or Geiger counters if they wish to keep the sealed
source registry database sealed. There is only one way to find out.
Sincerely,
James Salsman
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