ML19294B268
| ML19294B268 | |
| Person / Time | |
|---|---|
| Issue date: | 02/20/1980 |
| From: | Felton J NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Marek K CENTER FOR DEVELOPMENT POLICY |
| References | |
| FOIA-79-267 NUDOCS 8002280114 | |
| Download: ML19294B268 (3) | |
Text
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February 20, 1980 Mr. Kenneth !1arek Center for Policy Development 225 4th Street, N.E.
IN RESPONSE REFER Uashington, DC 20002 TO F0IA-79-267
Dear fir. Marek:
This is in further response to your letter dated July 10, 1979 in which you requested, pursuant to the Freedom of Information Act, access to the fiarch 6,1978 NRC Staff Paper,. Proposed License to Export Low-Enriched Uranium to Brazil-XSNM-909 (SECY-77-106A), and any other documents concerning U.S. involvement in Brazil's nuclear energy programs.
In ny letter to you dated October 22, 1979, I stated that four documents had been referred to the Department of State (DOS) for consultation since these documents were prepared using information obtained frnm DOS.
DOS has responded concerning the two documents listed on Appendix A to this letter. These documents contain material sufficiently sensitive that the release of it would seriously affect implementation of our foreign policy regarding U.S. involvement in Brazil's nuclear energy programs, and are properly classified pursuant to Executive Order 12065.
They also contain advice, opinions and recommendations of the staff.
These documents are being withheld from public disclosure pursuant to exemptions (1) and (5) of the Freedom of Information Act (5 U.S.C.
552(b)(1) and (5)) and 10 CFR 9.5(a)(1) and (5) of the Comission's regulations.
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 public interest.
The persons responsible for this denial are the undersigned, Mr. James R. Shea, Director, Office of International Programs, NRC, and Mr. Clayton E. McManaway, Deputy Assistant Secretary, Classification / Declassification Center, DOS.
This denial may be appealed to the Commission's Executive Director for Operations within 30 days from the receipt of this letter.
As provided in 10 CFR 9.11, any such appeal must be in writing, addressed to the 8002280
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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."
Sincerely,
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. Felton, Director Division of Rules and Records Office of Administration
Enclosure:
Appendix A cc: fir. Robert A. Neft Information and Privacy Staff Department of State
Appendix A 1.
April 17,1978 Letter J. R. Shea to L. V. flosenzo, DOS 2.
March 16, 1978 tlemorandum J. R. Shea to Commissioner Bradford
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Center iOr )CVC OJment % icy July 10, 1979 Mr. J. M. Felton Division of Rules and Records FREEDOM OF INFORMATION 7735 Old Georgetown Rd.
ACT REQUEST Rm. 4210-f1NBB bO1A']Q_dh 7 Bethesda, MD 20555 2JZ h [/,3 -
Re:
FOIA Request
Dear Sir:
This letter is to request, on behalf of the Center for Dev-clopment Policy (" CDP"), access under the freedom of Information Act, as amended (5 U.S.C. Section 522) (the "Act"), to the March 6, 1978, NRC Staff Paper reconmending issuance of export license XSNM-909 titled, Proposed License to Export Low-Enriched Uranium to Brazil-XSNM-909 (SECY 77-601A).
This report was referred to in several NRC public documents on file in the NRC Public Document Room, 1717 H Street, N.W., Washington, D. C.
In addition to this report, CDP seeks access to any analyses, comments or memoranda prepared by the Nuclear Regulatory Commission, Department of State, or any other U. S. agency concerr.ing United States involvement in Brazil's nuclear energy programs, especially dealing with the Westinghouse Elcetric Corporation-supplied Angra I project located at Angra Dos Reis, Brazil.
I have been told by the Senior Policy Assistant at the Office of International Programs, U.S.N.R.C., that under Docket No. SECY-78-167 there is a March 22, 1978 proposed letter to the Department of State concerning nuclear export licen-sing for the Angra I project.
Also, there is an April 17, 1978 finalized version of this letter that was addressed to Mr. Lou Nosenzo, 0.E.S., Department of State. On behalf of CDP, I would like to request all correspondence between the two aforementioned agencies dealing with this topic.
I request that any records located as a result of your search be made available for inspection and copying.
At the time chey are made available, it will be determined whether it is necessary to reproduce any of them.
If you determine that some or all of the records are exempt from release under the Act, please notify me in writing which exceptions you believe cover the materials you are not releasing and make available the remainder of the records to the extent that they are " reasonably segregable," in accordance with the Act, from the records you have determined to be exempt.
30 h 490 225 4th Street, N.E.
Washington. D.C. 20002 m (202) 547-1656
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July 10, 1979 CDP is an organization which has demonstrated an interest in the safety of American licensed nuclear plants licensed abroad and in the rational extension of such technolugy, particularly abroad.
This request on their behalf js, therefore, "in the public interest, bec,use furnishing the information can Le considered as primarily benefiting the general public," and any applicable fees should be waived as permitted by the Act.
In the event that a search is re-quired and the Nuclear Regulatory Commission or any other agency involved, is unwilling to waive search fees, I would appreciate your advising me in advance.
CDP's need for information requested by this letter is urgent.
If you have any questions concerning this request, please contact me by telephone in order'to expedite matters.
Otherwise, I will expect to receive a reply from you within the ten (10) working days provided for response by the Act.
Very truly yours,
&1'lO L,
GAL Q Kenneth Marek KM/hms
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