ML20024A197
| ML20024A197 | |
| Person / Time | |
|---|---|
| Issue date: | 04/01/1983 |
| From: | Felton J NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Greenberg E TUTTLE & TAYLOR |
| Shared Package | |
| ML20024A198 | List: |
| References | |
| FOIA-82-334, REF-10CFR9.7 SECY-82-025, SECY-82-046, SECY-82-210, SECY-82-25, SECY-82-313, SECY-82-46, NUDOCS 8306160093 | |
| Download: ML20024A197 (5) | |
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April 1, 1983 Eldon V. C. Greenberg, Esquire Tuttle and Taylor 1901 L Street, N.W.
Suite 805 IN RESPONSE REFER Washington, DC 20036 TO F01A-82-334
Dear Mr. Greenberg:
This is in further response to your letter dated July 26, 1982, in which you requested, pursuant to the Freedom of Information Act, documents relating to the nuclear materials safeguards program of the International l
Atomic Energy Agency (IAEA).
The documents listed on Appendix A, which are enclosed, are being i
released in their entirety.
The documents listed on Appendix B are being withheld in whole or in part as explained herein.
The segregable nonexempt portions are enclosed with this letter.
Documents 1 through 8 j
of Appendix B are being withheld in their entirety pursuant to the exemptions cited on the Appendix.
Portions of documents 9 through 16 of Appendix B are being withheld pursuant to the exemptions cited on the Appendix.
Documents withheld pursuant to exemption (1) consist of information classified pursuant to Executive Order 12356.
This information is being withheld from public disclosure pursuant to exemption ~(1) of the Freedom of Information Act (5 U.S.C. 552(b)(1)) and 10 CFR 9.5(a)(1).
Information withheld pursuant to exemption (5) constitutes advice, opinions and recommendations of the staff.
This information is being withheld from public disclosure pursuant to Exemption (5) of the Freedom of Information Act (5 U.S.C. 552(b)(5)) and 10 CFR 9.5(a)(5).
Document 14 of Appendix B is a transcript of a closed Commission meeting.
As specified in the Commission Determination Statement attached to the transcript, portions of the transcript are properly classified pursuant to Executive Order 12356 and are exempt from public disclosure pursuant
- to Exemption (1) of the Government in the Sunshine Act (5 U.S.C. 552b(c)(1))
and 10 CFR 9.104(a)(1).
These portions are being withheld from public disclosure pursuant to Exemption (3) of the Freedom of Information Act (5 U.S.C. 552(b)(3)) and 10 CFR 9.5(a)(3) of the Commission's regulations.
The transcript, with exempt portions deleted,is enclosed.
7 8306160093 830401 PDR FOIA OREENBE82-334 PDR
1 l
Eldon V. C. Greenberg, Esquire 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 the denial of documents 3, 4, 5, 6, and 15 of Appendix B are the undersigned and Mr. James R. Shea, Director, Office of International Programs.
The person responsible for the denial of documents 1, 2, 7, 8, 9, 10,11,12, 13, 14, and 16 of Appendix B is Mr. John C. Hoyle, Assistant Secretary of the Commission.
The denials by Mr. James R. Shea and myself may be appealed to the Commission's Executive Director for Operations within 30 days from the receipt of this letter.
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 FOIA Decision."
The denial by Mr. John C. Hoyle may be appealed within 30 days to the Commission and should be addressed to the Secretary of the Commission.
The review of additional documents subject to your request is continuing.
When we have completed our review, you will be advised of our determination.
Sincerely, l
/k s
. M. Feiton, Director Division of Rules and Records Office of Administration
Enclosures:
As stated N
t Re:
F01A-82-334 Appendix A DATE DOCUMENT DESCRIPTION PAGES 1.
12/1/81 Note for Commissioner Gilinsky from James R. Shea 7
2.
12/8/81 Memo for C. W. Reamer from T. A. Rehm re:
1 Congressional Letters of November 25 and 30 from Congressmen Dingell, Ottinger, and Hart 3.
1/27/82 Memo for The Commission from W. J. Dircks re:
16 Letter from Dr. Thomas E. Shea on Improvinq IAEA Safeguards w/ enclosures 4.
3/4/82 Letter to lionorable Richard L. Ottinger from 2
Peter A. Bradford 5.
3/9/82 House Foreign Affairs Hearing on I AEA Safeguards 86 6.
6/10/82 Letter to Dr. Hans Blix from Nunzio J. Palladino 5
attaching letter to Chairman Palladino from Hans Blix, April 4,1982 7.
4/26/82 Memo to James R. Shea from Raymond J. Brady, 1
" Comments on Proposed Commission Paper and Proposed Letter to Department of State Regarding the Classification of the Morgan Report", w/o enclosures 8.
5/19/82 Memo to Jim Zimmerman, Bob Burnett, George 1
McCorkle, from Ted Sherr, " Draft Safeguards Country Analysis for Romania."
9.
5/24/82 Memo to the Commission from John G. Davis, 1
" Pakistan Safeguards Country Analysis."
- 10. 6/16/82 Memo to John G. Davis from Robert F. Burnett, 1
"Romania Country Analysis."
11.
6/30/82 Memo to William J. Dircks from John G. Davis, 1
"Romania Safeguards Country Analysis."
12.
7/12/82 Memo to the Commission from William J. Dircks, 1
"Romania Safeguards Country Analysis."
13.
7/15/82 Memo to James R. Shea from Robert F. Burnett, 1
" Safeguards Country Analysis - Romania."
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Re:
F01 A-h2-334 Acaendix B DATE DOCU?ENT Di SC RI PT 10?i PAGES EX[MPTIONS 1.
12/11/81 firmorandum for Samuel J. Chill from 3
5 William J. Di rcks, " Paul leventhal let ter dated i;ovembe r 4,19S1, reques ting c o r.pl ete t r a n s c ri pt o f i'o '. t.T.be r 4, 1951 I'.t e t i n g o n Ex;.o rt i:e t ters".
2.
2/2/82 SECY 82-4 3, f 0T A Appeal (Sl-A-21) Regarding 19 1 and 5 the Iorgan Report".
3.
4/F2/82 ft norcndam for Theodarc Sherr from James V.
1 I
Zi me r.;an 4.
undet ed Dre f t l et ter to James B. Devine from James Shea 1 1 and 5 5.
undated tDO Talking Points for Cornaission tieeting 2
1 and 5 on Criterion 1 Paper 6.
undated NRC Proposals to be Discussed with Under 5
1 and 5 Secret a ry Mennedy 7.
or.da t e d Chaii
.:n's Mu iaut for Dect obe r 15 .ee t i ng.
3 1 and 5 6.
11/25/81 letter to Hon. I unzio J. Palladino from 3
1 Hon. Dingell, Ottir.ger, and Hort.
9.
Undated A's and n's for June 2 Commission !!eetinr3 4
1 and 5 10.
1/19/82 SECY 82-25 14 1
11.
2/2/82 Sf CY 82 - 4 6, "S uama ry o f U. S. Interagency 33 I
Groups Established to Upgrade I AE A Safeguards".
12, 3/9/82
!!emo for Co nissioner Eredford from 3
1 William J. Dircks, " Implications of R. Richter Testinony for NRC".
13.
5/26/82 SECY 82-210, "Ef forts to Improve I AEA 17 1
Sa fegua rds".
14 6/2/82 Transcript of Briefing on Efforts to 94 1
2/1/9 L Improve IAEA Sageguards.
15.
7/26/82 SECY 82-313, "Classi fication of the 2
1 l
!! organ Report".
l l
l
Re:
IOlA-82-334 Appgidix B (Continued)
DATE DDCU?iENT DESCRIPTION PAGES EXEliPTIONS 16.
12/31/81 liemo for the Commission from William J.
25 1 and 5 Dircks, " Proposed Response to November 25 and 3D Letters from Ser,ator Hart and Representatives Dingell arid Ottinger".
6 9
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July 26, 1982 FiME1 O/ INrC?.'.ALN
/ CT REQUEST
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.ec 'd 7 9 7 p.q Fatricia G.
Sorry Diroctor of Iaministration office of Administration Nuc3 car. Regulatory Commission Washington, D.C.
.20555 4
Freedom of Information Act j
R equ e s_t, 1
Dear Ms. Norry:
This is a request under the Freedom of Information Act ("FOIA" or the Act"), as amended, 5 U.S.C. S S S 2, for records within t he passession or cont rol of the Nuclear Regulatory Commission (the "NRC").
This request is made on
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behalf of the Nuclear Control Institute, i
We wish to obtain'a copy of any and all records which relate to, refer to or concern:
(1)
The nuclear materials sa feg uards prog ram ' of. the International Atomic Energy Agency (the "IAEA"), which were prepared or received between November 16, 1981 and the i
pr e r.e n t ;
(2)
Any inquiry by the Commission int o the public l
disclosure of a memorandum prepared by Emanuel Morgan in July,.1981, concerning the I AEA nuclear materials safeguards pr og ram (the " Morgan Memorandum"); and.
1 (3)
Any review of'the Morg.sn Memorandum for possible declassification.
If all or any part is denied, pl ea se list the speci-fic exemption (s) which is-(are) being claimed to withhold information.
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~ July 26, 1982 Page Two If you determine that some portions of the r equest ed material are exempt, we will expect, as the Act provides, that you will provide me with the re:r.aining non-exempt por-tions.
We, of course, reserve the right to appeal any decision to wit-hhold information and expect that you will list the address and office where such an appeal can be sent.
As you know, the ampnded FOIA permits you to icduce or waive search and/or copying fees when release of the requested information would be "in the public interest."
We believe that this request plainly fits that cat.egory and we therefore ask that you waive such fees.
If the fee waiver is not granted and copying fees will exceed $25.00, we request peritission to review the records which are responsive to this request and to select those which are to be copied.
If you have any questions regarding this request, please telephone me at the above n u:,b e r.
As provided in the Act, I will expect to receive a reply within ten working days.
Sincerely, TUTTLE & TAYLOR By Eldon V.
C.
Greenbe g EVCG:ah ec:
Irwin Rothschild Thon.as Peebles l
e e