ML19318B761
| ML19318B761 | |
| Person / Time | |
|---|---|
| Issue date: | 06/19/1980 |
| From: | Felton J NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Robey J AFFILIATION NOT ASSIGNED |
| References | |
| FOIA-80-278 NUDOCS 8006300022 | |
| Download: ML19318B761 (3) | |
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%,.....f June 19, 1980 Mr. Jim Robey 3688 Vista IN RESPONSE REFER LaMesa, CA 92104 TO F0IA-80-278
Dear Mr. Robey:
This is in reply to your undated letter, in which you requested, pursuant to the Freedom of Information Act, access to or copies of documents listing nuclear power plant locations, a list of accidents occurring at the locations, results of environmental impacts, any radiation leaks, and reasons for and the results of the findings.
You also requested a list of nuclear waste depots around the U.S.
In response to your request, the documents listed in Appendix A.are enclosed. Document one of Appendix A is a United States map and list showing locations of commercial nuclear power reactors by State.
Document two of Appendix A is a similar list, map, and list of U.S. Reliability Councils and U.S. Regional Offices taken from the Apr 25, 1980 issue of the NRC Brown Book.
Document 3 of Appendix A is NUREG-0652, 3/1/80,
" Facilities License Application Record".
Document 4 of Appendix A is a 194 page listing of Licensee Event Reports on radioactivity releases to the environment from 1969 to the present.
The NRC does not have a document showing nuclear waste depots around the U.S.
In the past, however, low-level waste burial grounds have been established in and are subject to the control of the States of South Carolina, Nevada, and Washington.
With respect to the balance of your request, we have carefully reviewed your request, and have determined that the request does not " reasonably describe" the records sought, but rather is a broad, sweeping, indiscriminate request for production, lacking reasonable specificity.
As such, the request fails to meet the threshold requirements of 5 U.S.C. 552(a)(3).
It is reasonable to assume that the files located throughout the various Offices and Divisions of the NRC contain documents relating in some way to the subjects of your request. We cannot, however, short of examining virtually every file possessed by the NR% stee with any degree of confidence that all documents relating to your request have been located.
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Mr. Jim Robey..
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- The House Report on 1974 Amendments to the Freedom of Information Act provides that:
"A ' description' of a requested document would be sufficient if it enabled a pre #essional employee of the agency who was familiar with the aject area of the request to locate the record with a reas:mble amount of effort."
(H. Rpt.93-876 at5-6.)
As indicated above, much more than a reasonable amount of effort would be required to comply with your request.
Likewise, the Senate Report indicates that the 1974 Amendments to the F0IA were not intended "to authorize broad categorical requests where it is impossible for the agency reasonably to determine what is sought.
(See Ircas 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
.s being sought, and the considerations expressed above, we conclude that the remaining portions of your request does not meet the requirements of 5 U.S.C. 552(a)(3).,
If you wish, we will be pleased to communicate with you by telephone 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 of 10 CFR 9.14(b) regarding the costs of searching for and reproducing copies of documents.
In Appendix A we have listed certain documents subject to your request which were readily identifiable. As stated above the documents listed in Appendix A are enclosed.
If you consider this response to be a denial of your request, you may appea. this determination within 30 days to the Executive Director for Operations.
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."
If you have any questions, please telephone John C. Carr, Chief, F0IA/PA Branch on (301) 492-8133.
Sin erely, W
J.
elton, Director Division of Rules and Records Office of Administration
Enclosures:
As stated 4
A
Re: F01A-80-278 APPENDIX A 1.
October 31, 1979' USA Map of Nuclear Power Reactors in the U.S. and list of cr amercial nuclear power reactors by State.
2.
April 25,1980 NRC Brown Book pages 8-2 thru 8-5.
Lists reactors by State, shows a mao of U.S.' Electric Reliability Councils ar _' Commercial Nuclear Power Reactors in the U.S., and lists the U.S. Electric Reliability C uncils and U.S. Regional Offices.
3.
March 1, 1980
.NUREG-0652, Facilities License Application Record:
4.
May 27,1980 Computer Print-Out list of Licensee Event Reports (LER) output on releases at all operating plants from 1969 to the present.
Output sorted by facility and event date.
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