IA-88-109, Responds to FOIA Request for Documents Re Nuclear Facilities in India & Pakistan.Request Does Not Reasonably Describe Records Sought & Fails to Meet Threshold Requirements of 5 Usc 552(a)(3)
| ML20151D993 | |
| Person / Time | |
|---|---|
| Issue date: | 04/07/1988 |
| From: | Grimsley D NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM) |
| To: | Keller C FUND FOR PEACE (NATIONAL SECURITY ARCHIVE) |
| References | |
| FOIA-88-109, FOIA-88-135, FOIA-88-146, FOIA-88-154, FOIA-88-155, FOIA-88-160, FOIA-88-162, FOIA-88-81, FOIA-88-82, FOIA-88-83, FOIA-88-95, FOIA-88-96, FOIA-88-97, FOIA-88-98 NUDOCS 8804140538 | |
| Download: ML20151D993 (3) | |
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NUCLEAR REGULATORY COMMISSION WASHINGTON, D. C. 20555
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Mr. Craig Keller IN RESPONSE REFER National Security Archive APR 7 1988 TO F01A-88-81, Suite 500 88-82, 88-83, 88-95, 1755 Massachusetts Avenue, NW 88-96, 88-97, 88-98, Washington, DC 20036 88-109, 88-135,88-146, 88-154,88-155, 88-160, AND 88-162
Dear Mr. Keller:
This is in response to your 14 letters of various dates in February and March 1988, in which you requested, pursuant to the Fraedom of Information Act (F0IA), all records related to specified nuclear facilities in India and Pakistan. This confinns the information relayed in separate telephone i conversations between you and Mr. Shea and Ms. Linda Robinson. !
After careful consideration, we have determined that your requests do not "reasonably describe" the records sought, but rather are broad, l sweeping, indiscriminate requests for production, lacking reasonable specificity. As such, the requests fail to meet the threshold requirements of 5 U.S.C. 552(a)(3). !
The NRC is responsible for regulation of non-military uses of nuclear I materials in the United States. The NRC has no regulatory authority over the nuclear facilities in India and Pakistan covered by your FOIA reouests and does not maintain files on these facilities. Records related to NRC's regulatory activities are generally filed by subject i natter and maintained in license docket files. Some of the files on I licensed domestic power plants and related files may contain some incidental records on Indian and Pakistani facilities since NRC staff participate in international activities directed toward safety cooperation.
However, unless NRC staff were involved in a significant research effort or international activity that included sharing of information on a ,
subject such as the accident at the Soviet Chernobyl plant, the staff could not in a search of those files readily locate records, if any, related to the facilities covered in your FOIA requests. However, as noted below, NRC has identified some license files on exports to India and Pakistan. It is reasonable to assume that employees and files located throughout various Offices and Divisions of the NRC may have records relating in some way to your requests. We cannot, however, short of contacting 0.11 <
employees and examining voluminous files possessed by NRC, state with any degree of confidence that all records relating to the requests have been located. The House Report on the 1974 amendments to the F0IA provides that:
"A ' description' of a requested document would be sufficient if it enabled a professional employee of the agency who was familiar with the subject area of the request to locate the record with a reasonable amount of effort." (H. Rpt.93-876 at 5-6.)
880414093 FOIA N PDR PDR KELLER OO-01
Mr. Craig Keller Likewise, the Senate Report indicated that the 1974 amendments to the F0IA were not intended "to authorize broad categorical requests where it is impossible for the agency reasonably to determine what is sought." (See Irons v. Schuyler, 465 F.2d 608 (DC Cir. 1972))..." (S.
Rpt.93-834 at 10). As indicated above, much more than a reasonable ,
amount of effort would be required to comply with your request. 1 In view of the scope and nature of your request, the documentary ,
material being sought, and the considerations expressed above, we conciude that your requests do not meet the requirements of 5 U.S.C. l 552(a)(3). Accordingly, no further action will be taken with respect to '
your present requests. If you consider this response to be a denial of l your requests, you may appeal this determination within 30 days to the :
Executive Director for Operations. As provided in 10 CFR 9.29(a), any l such appeal must be in writing, addressed to the Executive Director for !
Operations, U. S. Nuclear Regulatory Comission, Washington, DC 10555, and should clearly state on the envelope and in the letter that it is an "Appeal from an Initial FOIA Decision."
We are providing the following information in an effort to assist you in redefining a new request so that the NRC may, with a reasonable amount of effort, locate records on the specific subject in which you are interested.
In telephone conversations to discuss the scope of these requests, Ms. Robinson was informed by Archive staff that the Archive's document set for which you have submitted these requests is actually on the subject of nuclear nonproliferation rather than the specified Indian and Pakistani facilities. As Ms. Robinson noted in the telephone conversations, the NRC has responsibilities related to nuclear nonproliferation. The NRC has licensing authority to export nuclear-related materials and equipment.
The NRC maintains export license docket files in the NRC's Public i' Pocument Room (PDR),1717 H Street, NW, Washington, DC 20555. She noted that the PDR has several extensive export license files and F0IA request files related to licenses issued for Tarapur, India, and also has license files on exports to Pakistan. There are no current licensing actions for India or Pakistan. Ms. Robinson also noted that in regard to its export ,
licensing activities the NRC is a participant in tne Subgroup on Nuclear '
Export Coordination which is housed in the Department of State. The NRC regularly publishes a report entitled, "Nuclear Export and Import Licensing Action Report," copies of which are also maintained at the PDR. You informed Ms. Robinson that you have obtained a printout of certain records maintained at the PDR and will inspect export license and F0IA request files.
In addition to the above records, you may also wish to inspect at the PDR copies of NRC's annual reports which contain information on NRC's international activities and export-irrport and nonproliferation actions.
Mr. Craig Keller Upon your inspection of the records at the PDR, you may submit another F0IA request specifically describing any additional records in which you are interested.
If you have any questions regarding this response, please telephone Ms. Robinson at 492-8133.
Sincerely, Y v>-
9 Donnie H. Grimsley, Director -
Division of Rules and Records Office of Administration and Resources Management