ML20011E967
| ML20011E967 | |
| Person / Time | |
|---|---|
| Issue date: | 02/16/1990 |
| From: | Grimsley D NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Felton J NUCLEAR LICENSING REPORTS |
| Shared Package | |
| ML20011D107 | List: |
| References | |
| FOIA-89-542 NUDOCS 9002230214 | |
| Download: ML20011E967 (5) | |
Text
0. IeUCLEAR M60bf 04Y COMM6SS4001 w% e o.a at out 61 wuutit abe
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FOlA - 89 542 C'.&oON&t TVf4
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l RESPONSE TO FREEDOM OF X
se I lontiat INFORMATION ACT (FOIA) REQUEST
(~=. - )
FEB 161990
-,, _ ~,
ns out.t t a Joseph M. Felton PART l.- AGENCY RECORDS RELE ASED OR NOT LOCATED (See checked bones)
No agency records subpet to the roguest have been located.
No addelional agency records subject to the request have toen located.
Requeeted records are e,tilable through anotho' public distribution program. See Comments Section.
A e,e si,eady a,e,i. bio fo, pubuc mspect,on end copy,ng m the N C pobuc Docoment noom, request that are identafed on Appendentest Agency records subsect to the XX t ro t st,eet. N w, wesh,n,,on. DC posss Agency records subpet to the request that are identifed on Append'ates)_
..B e,e t.e,ng m.de e,.iiabie io, pubhc mspection end copy g m ihe XX NaC Pubhc Documeni Room. r120 L street. N W.. Washington. DC. m e foider unde ibis 50ia number er< roovesier a.me.
The nonpropnetary version of the proposattsi that you agreed to accept en a telephone conversation with a member of my staff is now being made evallable for pubhc inspection and copying at the NRC Putdic Document Room P120 L $teeet. N W., Wethington. DC. In a folder undei this iOlA number and reovester name.
Agency records esbs ct to the reques' that are identified on Appendialesi may be inspected and copeed at the NRC Local Pubhc Document Room identefed e
in the Comrrents Sectet Enclosed is enformatn,n on how you may c btain access to and the charges for copying records pieced m the NRC Pubhc Document Room, 2120 L 5tteet. N W.
Washinaion. DC.
XX Agency records.ub,eo io e e to.u.si are encimd *
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XX You will be billed by the NRC for fees tetahng 4
'a v* c' NacA~'aa** 'h a"at aa '"'th*' **aa 6as 'a *a *aa**' " 2415L90
.._ _.No 90A8 X)
PART N. A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Certam mformation en the requested records is being withheld from public disclosure pursuant to tte esempleons described m and for the reasons stated in Part 8 XX sections B. C. and D Any released portions of the documents for which only part of the record is teing withheld are be.ng made available for pubisc insgection and copying an the NRC Pubhc Document Room. 2120 L Street. N.W. Washington. DC.m a folder under this FDIA number and requester name COMMENTS CItems 1 through 5 cf Appendix B are enclosed.
COThree records subject to your F01A request have been referred to the U.S. Environmental Protection Agency for review and direct response to you.
9002230214 900216 PDR FOIA FELTONB9-542 PDR
$4G RE. DIRECTOR, D ' ION OF OM OF INFORVATION AND PUBLICATIONS $ERVICES I
v FOIA 89442
,,,( FEB 181990
[
MIEEDOM OF INFORMATION ACT RESPONEE Foia ruMet Ro PART I S-APPLICASLE EXEMPTIONS y
Records subsect to the request that are described on the enclosed Appendetes) h__m being withheU in their entir;ty ce in part under the Esernptions and for the reasons set forth below pursuant to 6 U.S.C. 662(b) and to CFR 9.17(a) of NRC Regulations.
- 1. Tte withheld 6nformation 6 property etessifed pursuant to tsuut6ve Oedee (txtMPTION tl
- 2. Tte withtold informaten retaios solely to the etemet personret ru es and procedures of NHC. ItxtMPTION 21 n
- 3. The wnhheld anformaten is spectfacefly esempted from public disclosure by statute edicated= ttxtMPTION 36 i
Sections 141 146 of the Atomic Energy Act wNch proNbits the declosure of Restricted Date or Formerly Restncted Date 142 U $ C. 21612,1661.
Section 147 of the Atomic trergy Act wNch prohibets the declosure of Unctestifed $efeguards information 142 U.S C. 216?L
- 4. Yt* withheld enformation e e trade sweet or commercel or fmancial mformation that is beng withheid for the reasontst moscated. (ExtMPTION 4)
)
The information is considved to be confidentist business iproprotary) mformation.
The informeteri e considered to t e proprietary information pursuant to 10 CFR 2 790tdlOI.
I The enformation was submatted and recoved in confidence pursuant to 10 CFR 2 790idit21 yy
- 6. The withheld informaten consists of mterogency or mtreepency records the are not evealebte through descovery durmo litigaton ItalMPTION 61 Applicable Pnvilege.
Deliberative Process Disclosure of predecisenat mformaten would tend to mhetut the open and frank enchange of ideas essentsat to the delsberative prosess.
"o"rt6ons'beca'use the release of the f acts would permit en indweet enounty mto the predecisional process of the egency.'* '
'8 e wohheld en thou entirety, the f ads are sneatnceNy intennened wah the predecisenalinfWmenon There also are no reasonaNy segregeNo feCluel XX p
Attorney woeloproduct pnvilege iDocuments prepared by en attorney m contemplation of Iqigsten 1 Attorney-cient pnvilege (Confidentiel commumcatens between an attorney and he her client i
- 6. The withhe6d informaten is esempted from public disclosure tiecause no d'sclosure would result m e clearly unma ranted mvasion of gersonet pnvecy,11xtMPTION 06
- 7. The withheld enformation consists of records compiled for ten enforcement purposes and is tving withheld for the reason (s) indicated IEMIMPTION 7)
Dectosure could reasonabtv to espected to interfeie with en enforcement proceeding because it could reveel the scope duettion. and focus of on-forcement efforts. and thus could possibir etion them to take acten to shield potentia wrongdoing or e violation of NRC requaements from mvestigators n
t AEMPTION 7 (An Disclosure would constitute en unnervented evosen of personal pnvecy it xtMPTION 7tCH The information consists of names of mdividuets and other miormaten the disclosure of wNch could reasonably be espected to resealidentities of confidential sources it xtMPTiON 7 (Dal OtHLR PART N. C-DENYING OFFICIALS Pursuant to 10 CFR 9 26tb) and or 9 26 (cf of the U $ Nuclear Regulatory Commission reguleuons it has been cetermined that the information withheld is enempt from producten or disclosure, and that its poduction or disclosure is contrary to the public interest The persons responsibie for the densil are those othciais identified below as denymg officials and the Duector. Division of Freedom of information and Publicabons serveces. Othce of Administraten and Resources Management, for any denists that may to appepied to the taecutive Duector for Operations 10006 CitNY1NG OFFICIAL TITLE / OFFICE RECORDS DENit0 APPELLATE OFFICIAL Mr. John C. Hoyle Assistant Secretary of tYe Appendix C XX Commission i
PART N. D-APPEAL RIGHTS The donal by each deny 4ne officist identifed in Part li C may be oppesied tt: the Appellate Official 6dentifed en that section. Any such eppeal must be m wetting and must te made witNo 30 days of receipt of tNs response. Appeefs must be addretted a appropnate to the Executive Director for Operations or to the Secretary of the Commissen.
U $. Nuclear Regulatory Commission, WesNngton, DC 20666, end should ce s w state on the envelope end in the letter that it is an "Appeel from en initial FOtA Dec6sion."
e s RC P;RM see (Port 2)
U.S. NUCLEAR REGULATORY COMMISSION FOIA RESPONSE CONTINUATION rm
Re: F0lA-89-542 APPENDIX A 1
RECORDS ALREADY IN PDR 1.
7/1/88 Letter from Zech to Simpson with enclosure (3 pages)
PDR Accession No. 8903280328 2.
12/12/88 Federal Register /Vol. 53. No. 238/ Proposed Rules - 10 CFR Ch.1 -
PolicyStatementonExemptionsfromRegulatoryControl(6pages) 3.
8/21/89 Memorandum from Partlow to All NRR Project Managers with enclosure (15pages)
PDR Accession No. 8908290119 t
P
e a
i l
Re: F01A-89-542 t
f APPENDIX B RECORDS BEING PLACED IN PDR 1.
Undated Slide entitled, " Proposed Exemption Policy for a (Justified) t Practice" (1 page) 2.
Undated Draft - LLW forum - Report of the Material vs. Waste Working Group to the Low-Level Radioactive Waste forum (5 pages) 3.
8/8/88 Memorandum from Knapp to Thompson,
Subject:
Proposed Approach for NRC Licensing of SNM Waste Disposal at Agreement State Licensed LLW Disposal Facilities (5 pages)
SECY-89-184(Reissued),
Subject:
Proposed Commission Polic 4
6/16/89 Statement on Exemptions from Regulatory Control (84 pages) y i
5.
7/20/89 Agenda - BGV PLASAR Review Kickoff Meeting (7 pages) 6.
9/6/89 Letter from Larson to Carlin with enclosure (8 pages) 7.
9/14/89 Memorandum from Montgomery to Bernero,
Subject:
Acceptance of Source Material at Uranium Mills for Processing and Disposal (4 pages) 8, 10/12/89 Technical Position and Rulemaking on Low-Level Waste Shipment Manifest Informatioi,and Rep (orting -)A Briefing To:
Advisory Committee on Nuclear Waste 12 pages 9.
10/12/89 Agenda - National Governor's Association - Staff Meeting on Low-Level Waste (2 pages) 10.
10/16/89 Document entitled, " Decommissioning Overview" (11 pages) 11.
10/16-17/89 RSLOCounterpartMeetingAgenda(1page)
Re: F01A-89-542 APPENDIX C RECORDS WITHHELD IN PART 1.
10/6/89 Memorandum from Samuel J. Chilk to James M. Taylor.
Subject:
SECY-89-251 - Staff Requirements Memorandum Dated 1/19/89, Regarding SECY-88-334 - Implementation Guidance for Agreements to Provide for State Participation inNRCInspectionActivities(18pages)
Portions of page 1 and 2 and the attached draft Agreement Pertaining to State Resident Engineers Eetween the U.S.
Nuclear Regulatory Commission and the (State) (16 pages) are being withheld. Exemption 5 - Deliberative Process 2.
10/13/89 Memorandum from Samuel J. Chilk to James M. Taylor, William C. Parler, and Parold R. Denton,
Subject:
Staff Requirements - SECY-89-184 - Proposed Connission Policy )
Statement on Exemptions from Regulatory Control (4 pages Portions of page 1 and all of pages 2, 3, and 4 are being withheld.
Exemption 5 - Deliberative Process