ML19275B608
| ML19275B608 | |
| Person / Time | |
|---|---|
| Issue date: | 12/13/1979 |
| From: | Carr J NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Meyer R NATION INSTITUTE, NEW YORK, NY |
| References | |
| FOIA-79-489 NUDOCS 7912190467 | |
| Download: ML19275B608 (2) | |
Text
$
[Z)
) !r %,$
% b t M 'lg d a_
UNITED STATES
[' 3 w g
NUCLEAR REGULATORY COMMISSION
- E WASHINGTON, D. C. 205585 k...../
December 13, 1979 Mr. Richard Meyer The Nation Institute 72 Fifth Avenue IN RESPONSE REFER New York, NY 10011 TO F0IA-79-489
Dear Mr. Meyer:
This is in response to your letter dated October 25, 1979 in which you requested, pursuant to the Freedom of Information Act, all documents relating to the export of sensitive technology and materials that could be used to fashion nuclear weapons.
This office has on numerous occasions, attempted, unsuccessfully, to contact you via telephone.
After careful consideration, we have determined that your request does not " reasonably describe" the records sought, but rather is a broad, sweeping, indiscriminate request for production, lacking reasonable speci fici ty.
As such, the request fails to meet the threshold requirements of 5 U.S.C. 552(a)(3).
It is reasonable to assume that th files located throughout the various offices and divisions of the NRC conta:n documents relating in some way to this subject. We cannot, however, sht.rt of excmining every file possessed by NRC, state with any degree of confidence that all documents relating to it have been located.
The Office of International Programs has advised this office that there are literally " thousands" of documents, memoranda and other types of information which would fall within this request.
Many of these documents are already available for inspection and copying at the NRC Public Document Room (PDR) located at 1717 H Street, N.W., Washington, DC.
The House Report on the 1974 Amendments to the Freedom of Information Act 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 at5-6.)
79i21?O E
~
Asindicatedabove,muchmorethanareasonableamountofeffortwould be required to comply with your request.
Likewise, the Senate Report indicates that the 1974 Amendments to the FOIA 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.)
In view of the scope and nature of your request, the documentary material being sought, and the considerations expressed above, we conclude that your requr 3 c does not meet the requirements of 5 U.S.C. 552(a)(3).
Accordingly, no further action will be taken with respect to your present request.
If you wish, we will be pleased to meet with you and have a member of the staff assist you in redefining your request so that the. NRC may, with a reasonable amount of effort, locate the specific type of records you are seeking.
You should also note the provisions c.f 10 CFR 9.14(b) regarding the costs of searching for and reproducing copies of documents.
If you consider this response to be a denial of your request, you may appeal this determination within 30 days to the Executive Director for Operations.
As provided in 10 CFR 9.11, any such appeal mast 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 it is an " Appeal from an Initial F0IA Decision."
The Energy Resources and Development Administration (ERDA), presently organized within the Department of Energy (DOE), was responsible for information and technology regarding nuclear weapons.
This office suggests that you also direct your inquiry to the DOE.
The proper address is:
Department of Energy Division of F0I & PA Activities 1000 Independence Avenue, '.W.
Washington, DC 20585.
Sincerely, DKdh Join C. Carr, Acting Director Division of Rules and Records Office of Administration 4
J