ML19327A015

FOIA Request for Documents Re Inventory Difference at Facility

ML19327A015
Person / Time
Site:	Erwin, 07000145
Issue date:	12/10/1979
From:	Cochran T National Resources Defense Council
To:	Dircks W, Felton J NRC OFFICE OF ADMINISTRATION (ADM), NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
References
FOIA-79-549 79120, FOIA-TBC-79-49, NUDOCS 8008010057
Download: ML19327A015 (2)

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919-o049 December 10, 1979 4's 4ri-6 0:

5 IN RESPONSE REFER TO:

FOIA/TBC/79-49 William Dircks, Executive Director for Operations FREEDOf.1 OF INFORf.iATION c/o J. M.

Felton, Director Division of Rules and Records ACT REQUEST Office of Administration

[O,7*[ ~79 g U.S. Nuclear Regulatory Commission Washington, D.C.

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Dear Mr. Dircks:

Pursuant to the Freedom of Information Act, please provide me with copies of the initial nuclear material inventory difference (ID) reported to the NRC on or about September 17, 1979, and any subsequent reinventory ids for the Nuclear Fuel Services facility at Erwin, Tennessee.

It is my understanding that NRC is authorized, at its discretion, to withhold ids for up to 6 months (or longer if there are pending investigations) for ne*lonal security reasons.

In any event, the NRC is required under Presidential Executive Order 12065, issued June 28, 1979, to demonstrate that the national security considerations outweigh the public's need to know.

NRDC and its members are particular'ly interested in and i

wish to participate in the forthcoming determination by the l

Commission as to whether the NFS facility will be permitted to reopen.

The ID information is essential to the prepara-tion of our case.

Since a decision by the Commission may occur very shortly (closed Commissioner hearings on NFS-Erwin are scheduled for Dec. 14), and in any case is likely to take place before the ID would otherwise become publicly available, we believe the public's need to know outweighs any possible national security considerations concerr.ing release of ID prior to the 6-month waiting period.

The investigations by NRC of these NFS-Erwin. ids are. essentially completed, _and therefore "pending investigations" is not a legitimate excuse for further withholding of these data.

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William Dircks December.10, 1979-Page Two Since we believe an NRC decision may be forthcoming soon, we cannot-grant a request for an extension of time

' beyond the 10 days authorized under the FOIA.

Sincerely, MCA Thomas B. Cochran 9

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