June 21, 1999

Mr. Abel Lopez
Freedom of Information Act Officer, MA-73
U.S. Department of Energy
1000 Independence Avenue SW
Washington DC 20585

RE: Freedom Of Information Act Request

Dear Mr. Lopez:

This is a request under the Freedom of Information Act, 5 U.S.C. Sec. 552.

On behalf of the Eureka County Board of Commissioners, I request a copy of the federal regulations and/or laws that state whether decisions such as the Department of Energy's decision to maintain a 90-day comment period on the Yucca Mountain Geologic Repository Draft Environmental Impact Statement is an appealable decision.

That decision was conveyed to Eureka County on May 28, 1999 by Dr. J. Russell Dyer of the Department of Energy in a letter in which he referenced Lake Barrett's letter to the State of Nevada on the same subject.

The County is prepared to pay for reasonable cost associated with filling this request. Please contact us for approval if this request will cost more that $50.00.

If you deny all or any part of this request, please cite each specific exemption you think justifies your refusal to release the information and notify us of appeal procedures available under the law. I expect a response within 20 working days as provided by law.

I am entitled to make this request under the Freedom of Information Act, and if your agency response is not satisfactory, I am prepared to make an administrative appeal. Please indicate to me the name of the official to whom such an appeal should be addressed.

I am aware that if my request is denied I am entitled to know the grounds for this denial.

Thank you for your prompt attention to this matter. If you have questions about handling this request, please contact Leonard Fiorenzi at 775-237-5372 or Abby Johnson at 775-882-0296.


Pete Goicoechea

Pete Goicoechea

cc: Leonard Fiorenzi, Yucca Mountain Project Director, Eureka County
John Balliete, Eureka County Natural Resources Department
Abby Johnson, Nuclear Waste Advisor
Lake Barrett, DOE
Dr. J. Russell Dyer, DOE YMSCO

Attachments: Barrett letter 5/25/99 and Dyer letter 5/28/99

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