ML19261C084

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Further Response to Which Requested Records Re Communications Related to Adequacy of Safeguards of Nuclear Fuel Svcs Erwin,Tn,Facility Since 780101.Appendices List Documents Available at PDR & Those Deemed Classified
ML19261C084
Person / Time
Issue date: 03/08/1979
From: Felton J
NRC OFFICE OF ADMINISTRATION (ADM)
To: Cochran T
National Resources Defense Council
References
FOIA-78-264 NUDOCS 7903140540
Download: ML19261C084 (4)


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UNITED STATES X

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p' NUCLEAR REGULATORY COMMisslON

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.... 4 March 8,1979 rir. Thomas B. Cochran Natural Resources Defense Council, Inc.

917 15th Street, N.W.

IN RESPONSE REFER Washington, DC 20005 TO F01A-78-264

Dear Mr. Cochran:

This is in further response to your letter dated October 5,1978, in which you requested, pursuant to the Freedom of Information Act, records regarding communications related to the adequacy of safeguards at the Nuclear Fuel Services' Erwin, Tennessee facility since January 1,1978.

The documents listed in Appendix A are being placed in the NRC Public Document Room (PDR) located at 1717 H Street, N.W., Washington, DC.

Portions of documents 1, 3 and 4 of Appendix B have been classified pursuant to Executive Order 11652 and remain classified pursuant to Executive Order 12065 and are being withheld from public disclosure pursuant to exemption (1) of the Freedom of Information Act (5 U.S.C.

552(b)(1)) and 10 CFR 709.9(a)(1) and 709.11 of the Department of Energy's regulations.

Portions of document 2 of Appendix B have been classified pursuant to Executive Order 11652 and remain classified pursuant to Executive Order 12065 and are being withheld from public disclosure pursuant to exemption (1) of the Freedom of Information Act (5 U.S.C. 552(b)(1)) and 10 CFR 9.5(a)(1) of the Commission's regulations.

Portions of documents 1 through 10 of Appendix B contain information which identify procedures for safeguarding licensed special nuclear material.

Such information is considered proprietary 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 Inforr. ion Act (5 U.S.C. 552(b)(4)) and 10 CFR 9.5(a)(4) of the Commission's r gulations.

The non-exempt portions of the documents listed in Appendix B are aing placed in the NRC PDR.

Pursuant to 10 CFR 9.9 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 7903140 546

GT the withheld The persons responsible for the denial portions of documents 1 through 10 of Appendix B, except the classi public interest.

portions of documents 1, 3 and 4, are the undersigned and William J.

The Dircks, Director, Office of Nuclear Material Safety and Safeguards.

person responsible for the denial of the withheld classified portions of documents 1, 3 and 4 of Appendix B is John H. Griffin, Director, Office of Classification, Department of Energy.

The denials by Mr. Dircks 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. Nuclear Regulatory Commission, Washington, DC 20555, and should clearly state on the envelope and in the letter that The denials by Mr.

it is an " Appeal from an Initial F0IA Decision."

Griffin may be appealed to the DOE Appeal Panel, mailed to the Freedom of Information Office, DOE Headquarters, Washington, DC 20545, within 60 Both the appeal letter and envelope days af ter receipt of this letter.

must clearly be marked " Freedom of Information Appeal."

The NFS Comprehensive Evaluation Report and the transcript of the Commission briefing concerning that report, which are also subject to your request, are now available in the PDR in the folder marked "A.

KRANISH F0IA-78-A-18."

In addition, the review of two additional documents subject to yourAs so request has not been completed.

will advise you of our determination.

J.

. Felton, Directoe Division of Rules and Records

/

Office of Administration

Enclosures:

Appendices A and B

F01A-78-264 Appendix A 1.

February 3,1978 Note to J. Partlow from D. Joy..

2.

July 26,1978 Note to J. Partlow from D. Joy

F01A-78-264 Appendix B 1.

May 26,1978 Letter from W. Manser to G. McCorkle.

2. July 10,1978 Letter from R. Burnett to W. Manser.

3.

August 31, 1978 Letter from C. Michel to G. McCorkle.

4.

September 7,1978 Letter from W. Manser to R. Burnett.

5.

December 22, 1977 Telecopy from C. Michel to R. Rentschler.

6.

February 22, 1978 TL.ecopy from C. Michel to R. Rentschler.

7.

March 9,1978 Letter from R. Burnett to W. Manser.

8.

April 4,1978 Letter from W. Manser to R. Burnett.

9.

May 31, 1978 Letter from W. Manser to J. Partlow.

10. July 28,1978 Letter from W. Manser to J. Partlow.