ML20023C783
| ML20023C783 | |
| Person / Time | |
|---|---|
| Issue date: | 04/12/1983 |
| From: | Felton J NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Emshwiller J WALL STREET JOURNAL |
| Shared Package | |
| ML20023A415 | List:
|
| References | |
| FOIA-82-515 NUDOCS 8305180005 | |
| Download: ML20023C783 (7) | |
Text
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UMITED STATES E j^ -
/o NUCLEAR REGULATORY COMMISSION j
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April 12, 1983 Mr. John R. Emshwiller, Staff Reporter The Wall Street Journal Dow Jones & Company, Inc.
22 Cortlandt Street IN RESPONSE REFER New York, NY 10007 TO F01A-82-515
Dear Mr. Emshwiller:
This is in further response to your letter dated October 26, 1982, in which you requested, pursuant to the Freedom of Information Act (FOIA),
copies of documents associated with an investigation of Nuclear Pharmacy, Inc., by the NRC's Office of Inspector and Auditor (0IA) and the Office of Inspection and Enforcement.
By letter dated November 10, 1982, this office confirmed the agreement between you and Ronald Smith of OIA that you would inspect files pertaining to the subject investigation and afterwards NRC would provide copies of requested records, with deletions of information exempt under provisions of the F0IA. On December 30, 1982, you visited 0IA and inspected files in the presence of Ronald Smith. At that time, you requested copies of certain records in which you were interested.
The NRC has now completed review of the requested records.
In regard to the review, please note that inasmuch as you requested copies of the same record in several instances, we are providing only one copy of each requested record. Also, we have forwarded a copy of a record originated by the Food and Drug Administration to that agency for review and direct response to you.
With regard to the remaining requested records, we are enclosing copies of the 59 records identified on enclosed Appendix A.
Portions of 30 records identified by asterisks on Appendix A are being withheld from public disclosure pursuant to Exemption (7)(C) of the F0IA (5 U.S.C. 552(b)(7)(C)) and 10 CFR 9.5(a)(7)(iii) of the Commission's regulations because disclosure of the information would constitute an unwarranted invasion of personal privacy.
In addition, four requested records are draft letters to Senators reflecting predecisional opinions, conclusions, and deliberations of the staff.
(See Appendix B.) These documents do not contain any reasonably segregable factual portions.
These four records are being withheld in their entirety from public disclosure pursuant to Exemption (5) of the FOIA (5 U.S.C. 552(b)(5))
and 10 CFR 9.5(a)(5).
G305180005 830412 PDR FOIA EMSHWILB2-515 PDR
Mr. John R. Emshwiller Pursuant to 10 CFR 9.9 and 9.15 of the Commission's regulations, it has been determined that the information withheld is exempt from production or disclosure, and that its production or disclosure is. contrary to the public interest.
The persons responsible for this denial are the undersigned, with regard to the four draft letters, and James J. Cummings, Director, 01A, with regard to portions of 30 records.
This denial may be appealed within 30 days from the receipt of this letter. Any such appeal must be in writing, addressed to the Executive Director for Operations (regarding the four draft letters) or the Secretary of the Commission (regarding deletions of portions of 30 records), 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, llG i
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,7
'J.
M. Felton, Director Division of Rules and Records Office of Administrat:.n
Enclosures:
As stated l
l
Re:
F01 A-82-515 Appendix A
- l.
9/21/79 Memo to Region III Files from Dicey, " Nuclear Pharmacy, Inc., Milwaukee, WI, License No. 48-174660-OltAD".
(3pages) 2.
10/5/79 Investiment research report on Nuclear Pharmacy, Inc., by Elkins, Stroud, Suplee & Co.
(6 pages) 3.
10/12/79 Letter to Lippe, D0J, from Cummings, w/o stated attachments, which are maintained in the PDR under accession No. 8201260594.
4 (4 pages)
- 4. - 11/6/79 Memo to File from Strickler, " Nuclear Pharmacy Inc." w/ attached sample 11/2/79 letter to St. Michaels Hospital from Keppler w/ stated enclosure.
(3 pages) 5.
11/13/79 Memo to File from Strickler, " Nuclear. Pharmacy, Inc."
(2 pages) d 6.
11/14/79 Memo to File from Strickler, " Nuclear: Pharmacy, Inc." -(2 pages)
~
- 7.
12/1/79
' Letter to Sniezek from (deleted).
(3 pages) 8.
12/5/79 flemo to Strickler from Dicey, " Nuclear Pharmacy, Inc.,
-Milwaukee, WI, License No. 48-17466-OlMD (2 pages), w/ attachments:
(9.) 4/23/75 Letter to Boyer from Sanchez re amending application.
(3 pages)
(10. ) 3/18/77 Mailgram from Reavis to Boyer re amending license.
(1 page)
(Note: FDA letter h'as been referred to FDA for releasability determination and direct response.)
- 11. 12/7/79 Letter to Cummings from Vakerics.
(2 pages) 12.
12/7/79 Letter to Stello from Vakerics.
(3pages) 13.
12/10/79 Memo to Strickler from Paperiello, " Nucle.sr Pharmacy, Inc.,
t Milwaukee, WI, License No. 48-17466-OlHD".
(1 page) 14.
12/13/79 Memo to Cummings from Strickler, " Nuclear Pharmacy, Incorporated".
(5 pages)
- 15.
12/19/79 Memo to Fortuna from Gower, " Allegations of Improper Activities by Nuclear Pharmacy, Inc. (NPI)", w/o stated enclosure which is identified at No. 7 above.
(1 page)
- 16.
12/28/79 Interview record.
(2-pages) 17.
1/29/80 Letter to Stello from Vakerics. (1 page) 1 i
Re: 'F01A-82-515 Appendix A 18.
1 / 31 /80 Memo to Strickler from Gamble, " Meeting Between Nuclear Pharmacy, Inc. and NRC on January 21, 1980", w/o stated i
attachment which is the subject of the note under Nos. 9 and 10 above.
(4pages)
- 19..2/1/80 Memo to Strickler from Gamble, " Meeting Between Nuclear Pharmacy, Inc. and NRC on January 21, 1980.
(2 pages) 20.
2/4/80 Memo to Strickler from Sinclair, " Interview of James Murray, y
ELD, concerning January 21, 1980, meeting with representatives 1
of Nuclear Pharmacy, Inc."
(3 pages) i 21.
2/6/80 Memo to Strickler from Gamble, " Meeting Between Nuclear i
Pharmacy, Inc., and NRC on January 21, 1980".
(3 pages) i i
- 22.
2/13/80 Interview record.
(3 pages) 23.
2/19/80 Memo to File from Lawrence Strickler, " Nuclear Pharmacy Inc."
(1 page) w/ attachments:
(24.) 1/2/80 Letter to Ahearne from Senator Schmitt.
(1 page)
(25.) 1/9/80 Letter to Ahearne from Senator Domenici.
(2 pages)
(26.) 2/11/80 Letter to Senator Domenici.
(1 page)
(Note: Attachments B, D, E, and F, which are draft letters to Senators Schmitt and Domenici are being withheld -- see Appendix B.)
27.
2/27/80 Letter to NRC from Dicey.
(1 page)
- 28.
3/7/80 Interview record.
(8 pages)
- 29.
3/13/80 Memo to File from Strickler, " Nuclear Pharmacy, Inc."
(1 page)
- 30.
3/13/80 Memo to Files from Strickler, " Nuclear Pharmacy, Inc. (NPI)".
(1 page)
- 31. 3/13/80 Note to Chrmn. Ahearne from Cummings, w/ attachments:
(32.) 3/7/80' Letter to Sniezek from Greenspun, D0J.
(4 pages)
( 33.,' 3/7/80 Letter to Dircks from Greenspun.
(4 pages)
A'.\\
Re:
F01A-82-515 Appendix A_
34, 3/18/80 Memo to Cummings from Stello, "01A memo to Chairman on Nuclear Pharmacy, Inc."
(2 pages)
- 35.
3/31/80 Memo to File from Ward, " Nuclear Pharmacy Inc., Philadelphia /
Allegation Concerning'.
(2 pages)
- 36.
4/1/80 Interview record.
(5 pages)
- 37.
4/4/80 Memo to Files from Strickler, " Nuclear Pharmacy Inc. (NPI)"
w/ attached interview report and prescription blank.
(1,20, and 1 pages, respectively)
- 38.
4/4/80 Memo to File from Strickler, " Nuclear Pharmacy Inc. (NPI)",
w/ attached interview record.
(1 and 10 pages, respectively)
- 39.
4/15/80 Interview record.
(4 pages)
- 40.
4/16/80 Letter to Greenspun, D0J, from Fortuna, w/o stated enclosures.
(21 pages)
- 41.
5/29/80 Memo to Bickwit from Fortuna, " Conflict of Interest -- Former Employee", (1 page) w/ attachment:
- (42.) 5/5/80 Letter to Stelle from (deleted) (2 pages)
- 43.
6/3/80 Memo to File from Strickler, " Nuclear Pharmacy, Inc. (NPI)"
(1 page), w/ attachments:
- (44.) 6/3/80 Letter to Greenspun from Fortuna (2 paces),
and attachments:
- (45.)
5/16/80 Interview record.
(4 pages)
- (46.) 5/16/80 Interview record.
(6 pages)
- (47.)
5/3/80 Letter to NPI from De1 Medico, w/o stated enclosiire.
(1 page)
(Note: The 5/5/80 letter noted under Attachment 3 l
is identified at No. 39 above.)
l l
- (48.) 2/19/80 NRC Form 181.
(2 pages)
- (49.) 4/4/80 Standard Form 1150.
(1 page) t
- l50.) 5/16/80 Interview record.
(10 pages)
- (51.) 5/16/80 Interview record.
(6 pages) pM*
k y
I l-
~
i.
Re:
[
Appendix A i,
- (52.) 5/17/80 Memo from (deleted) to'(deleted), NPI, L
" Status of NPI Radiation Safety Program".
(12 pages)
- 53.
'7/7/80 Letter to Greenspun from Fortuna (2 pages), w/ stated enclosure:
- (54.) 6/26/80 Letter to David from (deleted)'(NPI).
(3 pages)
- 55.
9/19/80 Letter to Greenspun from Fortuna (2 pages), w/o stated enclosures which are identified at Nos. 1, 8, and 13 above.
- 56.
11/25/80 Letter to Gr enspun' from Fortuna, w/ attached six interview sunrnaries i pay period schedule.
(1, 1, 1, 1, 1, 1, 1, and 2 pag-.
respectively) 57.
11/20/81 Letter to Vakerics from Greenspun, D0J. (2 pages) 58.
2/24/82 Letter to NPI from DeYoung re penalty, w/o stated enclosed order which is maintained'in the PDR under accession No. 8204090108.
(3 pages) 59.
2/24/82 EN79-09A IE Notification of Significant Enforcement Action.
(2 pages) a
- Portions of these records have been deleted pursuant to F0IA Exemption (7)(C)
Re:
F01A-82-515 c..
Appendix B 1.
Undated Draft' letter to Senator Schmitt from Lee Gossick re the Senator's 1/2/80 letter.
(1 page) 2.
Undated Draft letter to Senator Domenici from Lee Gossick re the Senator's 1/9/80 letter.
(3 pages) 3.
Undated Draft letter to Senator Schmitt from Gossick re incoming 1/2/80 letter.
(1 page) 4.
Undated Draft letter to Senator Domenici from (no signature line drafted) re incoming 1/9/80 letter.
(1page)
-..-.