ML19305D393
| ML19305D393 | |
| Person / Time | |
|---|---|
| Site: | 05000268, 07001308 |
| Issue date: | 04/03/1980 |
| From: | Dircks W NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | Quigg C POLLUTION & ENVIRONMENTAL PROBLEMS, INC. |
| References | |
| FOIA-79-520, FOIA-80-A-5 NUDOCS 8004150026 | |
| Download: ML19305D393 (2) | |
Text
p arg6 UNITED STATES I
NUCLEAR REGULATORY COMMISSION' (f4 y
y aE WASHINGTON, D. C. 20S55
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April 3, 1980 Ms. Catherine Quigg Research Director Pollution and Environmental Problems, Inc.
P.O. Box 309 IN RESPONSE-REFER Palatine, IL 60067 TO F01A-80-A-5 (79-520)
Dear Ms. Quigg:
This is in response to your undated letter which was received in ray office on February 19, 1980, appealing Mr. Joseph M. Felton's January 30, 1980 initial denial-in-part of your Freedom of Information Act (F0IA) request of November 28, 1979. That request sought all records related to sabotage analyses for spent fuel storage at the Morris Operation in Morris, Illinois operated by General Electric Company.
Acting on your appeal, I have carefully reviewed the record in this case in the light of the considerations which follow and have determined that the withheld material is exempt from compelled disclosure under exernption (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 for the reasons stated in the initial determination, and that release of this material would be contrary to the public interest.
Therefore, your appeal is denied.
The fourth exemption of the F0IA excludes from mandatory public disclosure matters that are " trade secrets and commercial or financial information obtained from a person and privileged or confidential," 5 U.S.C. 552(b)(4).
As provided in 10 CFR 2.790(d) of the Commission's regulations, a licensee's procedures for safeguarding licensed special nuclear material from acts of sabotage are deemed to be " commercial or financial information" within the meaning of exemption (4) of the F0IA.
The history of this regulation indicates a concern that public access to procedures for safeguarding licensed special nuclear material would facilitate attempts at theft or diversion of such material and thus pose significant health and safety problems.
This regulation was promulgated, in part, therefore, to avoid disclosures of information that would frustrate the statutory goal of protecting the public health and safety.
This position was supported in Porter County v. AEC, 380 F. Supp. 630 (N.D. Ind.1974) where the court held that detailed plant security information was within exemption (4) after finding that:
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" release of such information could facilitate attempts of sabotage, diversion of nuclear material, or other attacks upon nuclear power facilities to the obvious detriment of public health and safety."
l 6243 s004150 4
Ms. Catherine Quigg '
The documents at issue here disclose specific details of approved physical security plans. This material has not been made available to the public and has been maintained in confidence by the licensee.
Such information falls within the purview of 10 CFR 2.790(d) since it pertains to procedures for the safeguarding of licensed special nuclear material.
Accordingly, the documents are protected from mandatory public disclosure under exemption (4) of the F0IA.
Your appeal has been carefully considered in light of the foregoing considerations and a balance has been made between the public's legitimate need for access to details of the physical security plans and the need to withhold such information in the interest of protecting the public health and safety.
I have concluded that public disclosure of the information being sought would be contrary to the public interest because such disclosure could increase the risk that a facility could be subjected to sabotage.
This determination is a final agency action.
As set forth in the Freedom of Information Act (5 U.S.C. 552(a)(4)(B)), judicial review of this decision is available in a district court of the United States in either l
the district in which you reside, have your principal place of business, or in the District of Columbia.
Sincerely, 1
i William J. Dircks Acting Executive Director for Operations l
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