ML19270E987
| ML19270E987 | |
| Person / Time | |
|---|---|
| Issue date: | 01/05/1979 |
| From: | Felton J NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Baldwin W FRIENDS OF THE EARTH |
| References | |
| FOIA-78-338 NUDOCS 7901100449 | |
| Download: ML19270E987 (2) | |
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January 5, 1979 Mr. W. Andrew Baldwin, Legal Director Friends of the Earth 124 Spear IN RESPONSE REFER San Francisco, CA 94105 TO F01A-78-338
Dear Mr. Baldwin:
This is in response to your letter dated December 4,1978, in which you requested, pursuant to the Freedom of Information Act, copies of all NRC Inspection reports concerning an inspection of Vallecitos facilities on September 25-28, 1978, including a report numbered 70-754/78-08.
You also requested a copy of any Notices of Violation filed as a result of the above-referenced inspections.
Your request was received by the Of fice of Administration on December 8,1978.
In a telephone conversation with you on December 21, 1978, Mr. Frank W.
Karas of my staff obtained your approval of an informal extension of time to reply.
In response to your request, enclosed is a copy of a letter dated November 2,1978 to the General Electric Company from H. E. Book, NRC, enclosing a Notice of Deviation and a copy of NRC Inspection Report No.
70-754/78-09.
Copies will also be placed in the NRC Public Document Room located at 1717 H Street, N.W., Washington, D.C.
In further response to your December 4,1978 request, we wish to advise you that a copy of a letter dated October 25, 1978 to the General Electric Company from L. R. Norderhaug, NRC, is also enclosed and is being released to the PDR.
However, the enclosures to the October 25 letter a Notice of Violation, and NRC Inspection Report No. 70-754/78-08, contain information which identifies procedures for safeguarding licensed special nuclear material.
This 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 Information Act (5 U.S.C. 552(b)(4)) and 10 CFR 9.5(a)(4) of the Com-mission's regulations.
NRC is presently consulting with the licensee regarding the proprietary claim.
As soon as these consultations are completed, we will advise you whether the enclosure documents, or any portions thereof, may be released to the public.
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 7901100 $
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public interest.
The persons responsible for this denial are the undersigned and Mr. John G. Davis, Acting Director, Office of Inspection and Enforcement.
This denial may be appealed to the Commission's Executive Director for Operations within 30 days f rom the receipt of this letter.
As provided in 10 CFR 9.11, any such appeal must be in writing, addressed to the Executive Director for Operations, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555, and should clearly state on the envelope and in the letter that it is an " Appeal from an Initial F0IA Decision."
Sincerely, j
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/l J. M. Felton, Director
..[t Division of Rules and Records Office of Administration
Enclosure:
As stated