ML19310A833
| ML19310A833 | |
| Person / Time | |
|---|---|
| Issue date: | 06/18/1980 |
| From: | Dircks W NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | Resnikoff M Sierra Club |
| References | |
| FOIA-80-219, FOIA-80-298, FOIA-80-A-15 NUDOCS 8006300569 | |
| Download: ML19310A833 (1) | |
Text
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UNITED STATES E
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June 18, 1980 Dr. Marvin Resnikoff Sierra Club Radioactive Waste Campaign IN RESP 0NSE REFER Box 64, Station G TO F0IA-80-A-15 Buffalo, NY 14213 (FOIA-80 219)
Dear Dr. Resnikoff:
This is in response to your letter dated May 12, 1980, in which you appealed J. M. Felton's May 6,1980 initial denial-in-part to your Freedom of Information Act request of April 11, 1980.
That request sought a copy of NL Industries recently approved route plan.
Acting on your appeal, I have carefully reviewed the record in this case relevant to the withheld information and have determined, for the reasons stated in the initial denial, that the previously withheld information is exempt from compelled 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 Commission's regulations.
Your appeal is, therefore, denied.
It has been the policy and practice of the Commission to withhold from public disclosure the maps of spent fuel shipments pursuant to the Commission's regulations at 10 CFR 2.790(d)(1). This practice currently is still in force and is the basis for d;nying your appeal In connection with this denial you should be aware that the Congress has under consideration in the proposed authorization of appropriations for the NRC for fiscal year 1980 a provision which states that nothing in the act shall authorize the NRC to prohibit the public disclosure of information pertaining to the routes and quantities of shipments of source material, by-product mate:ial, high level nuclear waste, or irradiated nuclear reactor fuel (See Conference Report, H. Rept. No.
1070, Congressional Record, D. Ed., June 4,' 1980, p. 4474).
In the event this proposed legislation is er. acted into law, your request will be reconsidered.
In the meantime, because of the response time requirements imposed by the Freedom of Information Act, your present request has been denied.
This is a final agenc action. As set forth in the Freedom of Infonnation Act (5 U.S.C. 552(a)(y)(B)), judicial review of this decision is available 4
in a district court of the United States in either the district in which you reside, have your principal place of business, or in the District of Columbia.
Sincerely, (A d A-William J. Dircks, Acting Executive Director for Operations 8 0068 005d
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