ML19309F984
| ML19309F984 | |
| Person / Time | |
|---|---|
| Site: | (XSNM-0909, XSNM-909) |
| Issue date: | 04/22/1980 |
| From: | Felton J NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Marek K CENTER FOR DEVELOPMENT POLICY |
| References | |
| FOIA-79-267 NUDOCS 8005020090 | |
| Download: ML19309F984 (3) | |
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UNITED STATES
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April 22, 1980 1
Mr. Kenneth Marek Center for Policy Development' 225 4th Street, N.E.
IN RESPONSE REFER Washington, DC 20002 TO F01A-79-267
Dear Mr. 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 March 6,1978 NRC Staff Paper, Proposed License to Ex3 ort Low-Enriched Uranium to Brazil-XSNM-909 (SECY-77-601A), and any otler documents concerning U.S. involvement in Brazil's nuclear energy programs.
In my letter to you dated Oct;ber 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 from DOS.
In my letter dated February 20, 1980, I responded to two of those documents.
DOS has now responded concerning the remaining 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 predecisional advice, opinions and recommendations of the staff.
These documents are being withheld from public disclosure U.S.C. 552(b)(1)ptions (1) and (5) of the Freedom of Information Act (5and (5)) and pursuant to exem 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'. Thomas W. Ainsworth, Director, Mandatory Review, Classification /
Declassification, DOS.
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i 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 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."
This completes action on your request.
Sincerely,
. j J. M. F lton, Director Division of Rules & Records Office of Administration
Enclosure:
Appendix A cc: Ms. Jean Giamporcaro Information and Privacy Staff Department of State 9
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F01A-79-267 Appendix A 1.
March 6, 1978 SECY-77-601A 2.
March 22, 1978 SECY-78-167 9
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July 10, 1979 Mr. J. M. Felton Division c.f Rules and Records FREEDOM OF INFORMATION 7735 Old Georgetown Rd.
ACT REQUEST Rm. 4210-MNBB F O Z A -- K _ c % 7 Bethesda, MD 20555 M & 7-/.3-G Re: FOIA Request
Dear Sir:
This letter is to request, on behalf of the Center for Dev-elopment 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 recommending 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 r' port, CDP seeks access to any analyses, comments or memoranda prepared by the Nuclear Regulatory Commission, Department of State, or any other U. S. agency concerning United States involvement in Brazil's nuclear energy programs, especially dealing with the Westinghouse Electric 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 propos.,ed 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 cs a result of your search be made available for inspection and cr.pying. At the time they h[
are made available, it will be determined whether it is necessary to reproduce any of them.
If you determine t.iat some or all of the record;, are exempt from release under the Act, please notify me in writing which exceptions you believe cover the materials
'b you are not releasing and make available the remainder of the D
records to the extent that they are " reasonably segregable," in D
accordance with the Act, from the records you have determined to e
be exempt.
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225 4th Street, N.E.
Washingto.1, D.C. 20002 (202)S47-1656
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July 10, 1979 i
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 technology, particularly abroad.
This request on their behalf is, therefore, "in the public interest, j
because furnishing the information can be 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-l quired and the Nuclear Regulatory Commission or any other agency involved, is anwilling 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 Otherwise, I will me by telephone in order to expedite matterL.
expect to receive a reply from you within the ten (10) working days provided for response by the Act.
Very truly yours, l
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y Kenneth Marek KM/hms 1
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