ML19249B639
| ML19249B639 | |
| Person / Time | |
|---|---|
| Issue date: | 08/17/1979 |
| From: | Felton J NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Fialka J WASHINGTON STAR |
| Shared Package | |
| ML19249B640 | List: |
| References | |
| FOIA-78-334 NUDOCS 7909040626 | |
| Download: ML19249B639 (5) | |
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'o, UNITED STATES e
[5 "g 'j NUCLEAR REGULATORY COMMISSION p C W ASHING TON, D. C. 20555 o1 8/
August 17, 1979
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Mr. John J. Fialka The Washington Star 225 Virginia Avenue, S.E.
IN RESPONSE REFER Washington, DC 20061 TO F01A-78-334
Dear Mr. Fialka:
This is in response to your letter dated November 30, 1978, in which you requested, pursuant to the Freedom of Information Act (FOIA), access to all documents pertaining to the fluclear Materials and Equipment Corporation, and i4RC's investigation into the remarks of the Executive Director for Operations that had been denied in whole or in part in response to previous FOIA requests.
Appendix A to this letter is a list of documents subject to your request.
As a result of the requested declassification review, additional portions of documents 7 and 12 of Appendix A have been declassified and are enclosed. These portions will also be integrated into the appropriate FOIA folder currently in the Public Document Room (PDR) located at 1717 H Street, N.W., Washington, DC.
Acting on an appeal from Mr. A. Kranish, additional pertions of documents 13 and 15 were released to him.
These additional portions are also enclosed.
The withheld portions of document 7 and the previously withheld portions of documents 2, 4, 6,18 and 21 of Appendix A continue to contain Restricted Data and National Security Information.
The statutory authority for withholding Restricted Data is found in Sections 141 through 145 of the Atomic Energy Act of 1954 as amended (42 U.S.C.
2161-2165), which controls access to Restricted Data and prohibits its unauthorized disclosure. Similarly, Executive Order 12065 prohibits unauthorized disclosure of National Security Information.
The withheld portions of these documents are exempt from disclosure pursuant to exemptions (1) and (3) of the Freedom of Information Act (5 U.S.C.
552(b)(1) and (3)) and 10 CFR 9.5(a)(1) and (3) of the Commission's regulations.
The previously withheld portions of documents 5, 9,10 and 11 continue to be classified pursuant to Executive Order 12065 and are being withheld O U.N !O b
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from public disclosure pursuant to exemption (1) of the Freedom of Information Act (5 U.S.C. 55?(b)(1)) and 10 CFR 9.5(a)(1) of the Commission's regulations.
Portions of document 21 contain infonnation which identifies procedures for safeguarding licensed special nuclear material.
Such information is considered commercial or financial (proprietary) information pursuant to 10 CFR 2.790(d) of the Commission's regulations and is being withheld from public disclosure pursuant to exemption (4) of the Freedom of Information Act (5 U.S.C. 552(b)(4)) and 10 CFR 9.5(a)(4) of the Commission's regulations.
The withheld portions of document 13 and the previously withheld portions of documents 14,16 and 17 of Appendix A contain advice, opinions and recommendations of the staff and continue to be withheld from public disclosure pursuant to exemption (5) of the Freedom of Information Act (5 U.S.C. 552(b)(5)) and 10 CFR 9.5(a)(5) of the Commission's regulations.
The portions of decuments 1, 2, 4, 5, 6, 7,10 and 19 of Appendix A which were classified by the Department of Energy have been forwarded to that ageny for review. The portions of document 7 of Appendix A which were classified by the fiational Security Council have been fontarded to that agency for review.
The portions of document 9 of Appendix A which were classified by the Defense Intelligence Agency have been fontarded to that agency for review.
If NRC is advised that additional material can be released, we will inform you.
The NRC review of documents 1, 3,19 and 20 of Appendix A has not been completed. As soon as these reviews are completed, you will be notified of our disclosure determination.
Pursuant to 10 CFR 9.9 and 9.15 of the Commission'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 tne denial of the withheld information in documents 2, 4 through 7, 9 through 11,18 and 21 of Appendix A are the undersigned and Mr. Raymond J. Brady, Director, Divison of Security; and with respect to certain withheld portions of volume 1 of document 2 of Appendix A, Mr. John A. Griffin, Director, Office of Classification, Department of Energy; and with respect to certain withheld portions of document 21 of Appendix A, Mr. Victor Stello, Director, Office of Inspection and Enforcement.
The person responsible for the denial of the withheld information in document 13 of Appendix A is Mr. Albert P. Kenneke, Acting Director, Office of Policy Evaluation.
The person responsible for the denial of the withheld inforraation in documents 14,16 and 17 of Appendix A is Mr. James J.
Cunmings, Director, Office of Inspector and Auditor.
M N re
The denials by Messrs. Brady, Griffin, Stello and myself may be appealed to the Executive Director for Operations within 30 days from the receipt of this letter.
Any such appeal must be in writing, addressed to the Executive Director for Operations, U.S. fluclear Regulatory Commission, Washington, DC 20555, and should cinarly state on the envelope and in the letter that is is an " Appeal from an Initial FOIA Decison." The denials by Messrs. Cummings and Kenneke may be appealed within 30 days to the Commission and should be addressed to the Secretary of the Commission.
Sipcer~ely,
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/s J. M. Fel' ton, Director Division of Rules and Records Office of Administration
Enclosures:
As stated
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APPENDIX A e
i 1.
liemorandum, James H. Conran to Thomas J. McTiernan, " Supplemental In formation Requested by OI A in Connection with the Investigation of Alleged Irregularities in the Conduct of the fiRC Safeguards Program,"
lia rch 10, 1977.
d.
Report of the Overview Study of Existing Safeguards Regulations, James H. Conran, Dra f t 2, Vulumes I, II, III, April 29, 1976.
3.
Memorandum, Thomas J. McTiernan to Chairman Rowden, " Interviews with James H. Conran," June 15, 1976, encloses a nemorandum and 25 attachnents, from James H. Conran to Thomas J. TicTiernan, entitled " Free Flow of Infomation and Expression of Dissenting Views," May 27, 1976.
4.
Transcript of Proceedings, April 13, 1977, meeting of James H. Conran wi th Task Force, pages 1 to 176.
5.
Memorandum to Task Force, April 18, 1977, from B. J. Snyder, " Review of 4/13/77 fleeting Transcript."
6.
Transcript of Proceedings, April 13, 1977, meeting of James H. Conran with Task Force, pages 177-212.
7.
Transcript of Proceedings April 18, 1977, meeting o f R. G. Page of f4 MSS with Task Force, pages 321-418.
S.
February 9,1978 memo to T. J. ficTiernan from R. Brady.
9.
April 20,1977 flote to Task Force from W. Reaner, "B.
Rich Interview with attachment".
10.
February 23, 1978 memorandum to J. Hendrie from R. Brady re:
Classi' 'ation.
ll.
February 9,1978 note to Ray Brady from T. J. McTiernan.
12.
June 13,1977 memo to K. Pedersen from D. Ong.
13.
February 9,1978 note to Tom Carter from Thomas J. McTiernan attachment:
dra f t wri te-up.
14.
Februa ry 8,1978 meno randum for Chai rman Hendrie et. al., from Thomas J.
McTiernan a ttachment:
Draft Sumnary of Records for Possible Inclusion in Report.
15.
Jan ua ry 23, 1978 note to file from Thomas J. ficTiernan.
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16.
Draft Interview Summaries.
17.
Case History and Comments - B & W Apollo - Sfm-145 Docket 70-135.
- 18. Handsritten and typewri tten entries o f threats, alleged theft, etc.
incident from 1957 to 1975, compiled by James H. Conran.
19.
Inquiry into the testimony of the Executive Director for Operations, February 1978, Volume III.
20 NRC Task Force Report, April 25, 1977, three sections.
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Thehhington Star 225 Virginia Avenue, S E.
Washington, D.C. 20061 f (l $CCD 11-30-78 FREEDOM OF INFORMATION ACT REQUEST Joseph M.
Felton Freedom of Information Officer g A -W -3 3 <1 i
Nuclear Regulatory Commission Washington, D.C.,
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Dear Sir; This is a request under the Freedom of Information Act for
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l access to all documents pertaining to the Nuclear Materials and Equipment Corp. and your agency's investigation into the remarks of the Executive Director for Operations that have been edited or withheld in their entirety from prev _ sus FOIA requests.
It is my understanding that this request will have to be into effect processued under Executive Order 12065, which goes fomorrow and which will substantially alter the justifications for withholding documents on national available to an agency security grounds.
Section 1-601, for example, states: " Classification may not be used to conceal violations of law, inefficiency, or to prevent embarrassment to a administrative error, person, organization or agency, or to restrain competition."
Because of the continuing public interest surrounding the question of nuclear safeguards and the NUMEC investigations, I request that all fees be waived.
Sincerely,~_,
' John Fialka h
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