ML20004C470
| ML20004C470 | |
| Person / Time | |
|---|---|
| Issue date: | 03/20/1981 |
| From: | Felton J NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Lee D AMERICANS FOR NUCLEAR ENERGY, INC. |
| Shared Package | |
| ML19295A142 | List: |
| References | |
| FOIA-80-635 SECY-80-245, SECY-80-245A, SECY-80-245B, SECY-80-245C, NUDOCS 8106040138 | |
| Download: ML20004C470 (3) | |
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NUCLEAR REGU8. ATORY COMMISSION o
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- Mr. Douglas 0. Lee, _ Chairman Americans for Nuclear Energy Inc.
101 Park Washington Court, Suite 200 IN RESPONSE REFER Falls Church,-VA 22046 TO F01A-80-635
Dear Mr. Lee:
' This is in further reply-t'o your letter dated December 18,' 1980, in which you requested four categories of documents relating to the NRC's release of spent fuel routing and other_ shipmerit information to the public.
In further response to your request, the documents listed in Appendix A are enclosed.
Documents 1 through 6 of Appendix B contain information which constitutes advice,~ opinions and recommendations of the staff.
This informaton is being withheld from public disclosure-pursuant to
' Exemption (5) of the Freedom of Information Act (5 U.S.C. 552(b)(5) and 4
Pursuant to 10 CFR 9.15 of the Comission's regulations, it has been determined that the information withheld is exempt from production lor disclosure and that its producticn or disclosure is contrary to the public interest.
The person responsible for this denial is Mr. Samuel J. Chilk, Secretary of the Comission.
l This denial may be appealed tc the Commission within 30 days from the receipt of this letter. Any such appeal must be in writing, addressed to the Secretary of the Comission,.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."
Sincerely,.
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.J'. M. (Felton, Director i;
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Division of Rules and Records
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Enclosures:
As stated
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Re: 'F01A-80-635
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APPENDIX A 1.
5/13/80
.SECY-80-245, " WITHHOLDING 0F NRC SPENT FUEL. ROUTE INFORMATION FROM PUBLIC DISCLOSURE"
- 2.
5/15/80. TRANSCRIPT: WITHHOLDING 0F NRC SPENTLFUEL ROUTE INFORMATION FROM PUBLIC DISCLOSURE - Public Meeting 3.
5/19/80 Memo for the Record - Briefing on General Position on Protection of Routing Information, 5/15/80, from Samuel J. Chilk 4.
5/20/80 Commissioner Bradford's Response Sheet for SECY-80-245 -
5.
6/6/80 SECY-80-245A "SECY-80-245, WITHHOLDING.0F NRC SPENT FUEL ROUTE INFORMATIONFROM PUBLIC DISCLOSURE, AS AFFECTED BY LATEST VERSION OF PROPOSED SAFEGUARDS.INFORMATION LEGISLATION" 6.
6/11/80 Commissioner Bradford's Response Sheet for SECY-80-245A 7.
6/30/80 Memo from Carlton Kammerer to Comm. Hendrie, PROPOSED NEW SECTION 147 0F'THE ATOMIC ENERGY ACT 8.
7/3/89
- Memo from Samuel Chilk to William Dircks re: SECY-80-245/245A 9.
9/16/80 SECY-80-2458, "SECY-80-245/245A WITHHOLDING 0F NRC SPENT FUEL ROUTE'INFORMATION FROM PUBLIC DISCLOSURE"
,10.
10/2/80 SECY-80-245C, " RELEASE OF PRE-PUBLICATION COPIES OF DRAFT NUREG-0725 ON NRC APPROVED ROUTES FOR~ SPENT FUEL SHIPMENTS" 11.- 10/6/80 Memo from Joha Ahearne to Director, HMSS re: SECY-80-245C 12.
10/10/80 Correction Notice for SECY-80-245C 13.
10/16/80 Commissioner Gilinsky's Response Sheet for SECY-80-245A 14.
10/20/80 Letter from John F. Ahearne to The Honorable Forrest James (with list of identical'1etter addressees) re: spent fuel shipment routes 11 5.
10/27/80 Mailgram from Cong. Findley to Comm. Gilinsky 16.
10/29/80 Matigram from Cong. Findley to Comm. Gilinsky s
17.
11/3/80 Memo from Comm. Gilinsky to Comm. re: Spent Fuel Shipments 18.
12/10/80- Memo from Comm. Gilinsky to Byran Porter
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5/15/80 MemoLto:Comm. Bradford from Hugh Thompson re:-Withholding G
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,of. NRC-Spent Fuel Route -Information. (SECY-80-245).
2.
6/10/80 liandwritten memo to Comm. Bradford from 11 ugh Thompson rc:;SECY-80-245/245A-3.
6/16/80 LNote from W.'l Manning'to Comm.~Gilinsky.
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12/3/80L.Hote'from J. Austin to Comm.'Gilinsky
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Note from J. Austin to Comm. Gilinsky G.
12/5/80 Note. from. R. ' Goldsmi thito Com.': Gilinsky I
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,,.1 Americans For Nuclear Energy,Inc.
Suite 200 101 Park Washington Court Falls Church VA' 22046 - (703) 2412007 Douclos O. Lee, Chairman December 18, 1980 Freedom of Information and Privacy Branch FREEDOM OF INFORMATION Division of Technical Information and Document Control ACI REQUESI Attention: John Carr, Chief Washington, D.C.
20555 80TA (.33
Dear Sir:
I am requesting the following information under the Freedom of Information Act, 3 U.S.C. 552.
The request is for the following:
1.
The Commission's deliberations on the release of spent fuel routing and other shipment information to the public.
2.
The preliminary and final 5,cudies and all staff reports regarding the release of routing and other shipment information to the public on spent fuel.
3.
All inter-office memoranda requesting such staff reports and studies by either the Commission, any individual commissioner, the NRC Executive i
Director or his deputy.
4.
Any correspondence between the NRC and any member of Congress regarding public release of the movement of spent fuel.
The material requested should be available under the provisions of the Freedo.n of Information Act. The receipt of these materials as soon as is possible would fulfill the stated purposes of this Act as it pertains to public information.
Thank you for your prompt attention to this matter.
Very t ly yo s,
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SECY-80-245 May 13, 1980 COMM:SSIONER ACT[ON For:
The Comissioners From:
William J. Dircks, Director Office of Nuclear Material Safety 3
and Safeguards
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Wiliam J. Dircks, Acting Executive Hrector for Operations
Subject:
WITHHOLDING OF NRC SPENT FUEL ROUTE INFORMATION FROM PUBLIC DISCLOSURE Furpose:
To obtain a Comission decision concerning the release of spent fuel route information to the general public.
Category:
This ;: aper covers a policy matter.
Issue:
Whether the staff should continue to withhold spent fuel shipment route information from public disclosure. This is a safeguards, rather than safety issue.
Safety concerns related to spent fuel shipments are beyond the scope of this paper.
Decision Dissemination of specific route information should Witeria:
occur if release of approved routes or segments of routes will not significantly decrease shipment security.
Alternatives:
1.
Continue the current staff practice of releasing spent fuel route information and other shipment security information only to state and LLEA officials and informing such officials that the information is sensitive security data and should not be disclosed.
2.
Revise staff practice regarding the withholding of spent fuel route information, and publish a periodically updated NUREG report containing maps of such routes showing both Interstate and secondary highway route segments.
f; Dg CONTACT:
SECY NOTE: This paper is currently scheduled for
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APRIL 23,1980 MEMORANDUM FOR:
William J. Dircks, Director Office of Nuclear Material Safety & Safeguards.
FROM:
Robert B. Minogue, Director Office of Standards Developmen-
SUBJECT:
NMSS STAFF PAPER ON WITHHOLDING OF dC SPEF FUEL R0iJTE INFORMATION FROM PUBLIC DISCLOSURE i think that specific advance transpe"t route information that involves
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regulated material of potential terrorist interest should be withheld from public disclosure to the extent allowed by law.
Some years ago, when I was more heavily involved with safeguards, I pointed out to a reporter that I didn't believe Wills Fargo posted the dates, times, and routes of their gold shipments (so as not to make the task of the highwaymen any easie>).
By analogy, if nuclear material being shipped is considered to be a potential terrorist target, as we imply when we require physical protection to be provided, than we should not make the job of the terrorist any easier.
For this reason, I do not concur in the alternative recomended in the proposed IF.SS staff paper to release spent fuel route information to the public.
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M Robert B. Minogue, Director Office of Standards Development e
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UNITED sTATas NUCLEAR REGULATORY COMMISSION C?A5HIN37eN, C. C. M666 APR 3 0 E0 SSINS 6310 MEMORANDUM FOR: William J. Dircks, Director Office of Nuclear Material Safety and Safeguards FROM:
Victor Stello, Jr., Director Office of Inspection and Enforcement
SUBJECT:
PROPOSED ComISSION PAPER ON WITHHOLDING OF NRC $PEhT FUEL R0lJTE INFORMATION FROM PUBLIC DISCLOSURE The Office o' Inspection and Enforcement cannot concur with Alternative 3 f
of the subject paper because of the potential ham that could result from disclosure.
Recent criticism of the NRC for releasing the Barricr Data Base, MITPI Hand-books Sandia Handbooks, and other doctanents relating to safeguarding a facility is a case in point.
The spent feel route is site-specific and a
muet, mre comprehensive.than the Barrier Data Base.
The only other critical infomation that an adversary would need is the date and time of the ship: tent, which could be ' deter:nined by mere observation at the point of origin.
If we believe that a terrorist threat nay exist in the United States and that spent fuel is a' viable target, I dor.'t see the rationale for. releasing such sensitive information.
The only rationale given in the paper is to be responsive to some elements of the public.
It should be evident by the public outcry over the release of the Barrier Data Base, MITRE Handbooks.
Sandia Handbooks, and other doctsnents, that the public is also concerned over unnecessary release of sensitive infomation, The NRC has a debilitating reputation in goverrrnent and industry for.. being unable or unwilling to protect sensitive inforration.
In this regard. IE would advocate the withholding of are critical infomation than.is currently
.tbe vogue.
As long as the need for physical protection exists, the Office of Inspection and Enforcement cannot concur with any alternative except Alternative 1.
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Victor Ste o, ' r."
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Director l
Office of Inspection i
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i UNITED STATES OF AMERICA 4
2 NUCLEAR REGULATORY COMMISSION 3
PUBLIC MEETING 4
WITHOLDING OF NRC SPENT FUEL ROUTE INFORMATION 5
FROM PUBLIC DISCLOSURE 6
7 Nuclear Regulatory Commission 8
Room 550 East West Towers Buildin5 9
4350 East-West Highway Bethesda, Maryland 10-Thursday, May 15, 1980 11 The Commission met, pursuant to notice, at 3:50 p.m.
BEFORE:
13 JOHN F. AHEARNE, Chairman of the Commission 14 JOSEPH M. HENDRIE, Co==issioner PETER A. BRADFORD, Commissioner ALSO PRESENT:
17 H. SEAPAR 18 B. BURNETT W. DIRCKS 19 L. J. EVANS, JR.
JOHN DAVIS 20 V. STELLO
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B. MINOGUE 21 M. MALSCH NINA SERAFINO 22 McGraw-Hill Publications Co.
Washin5 ton, D.C.
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RETURN TO SECRETAR!.A.T RECORDS
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