ML20030B025
| ML20030B025 | |
| Person / Time | |
|---|---|
| Issue date: | 07/08/1981 |
| From: | Felton J NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Mincer J AMERICAN FRIENDS SERVICE COMMITTEE |
| References | |
| FOIA-81-216 NUDOCS 8108050066 | |
| Download: ML20030B025 (4) | |
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UNITED STATES Ei NUCLEAR HEGULATORY COMMISSION o
7 WASHINGTON, D. C. 20555
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July 8, 1981 4
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Ms. Jilian Mincer W o Eg j ej American Friends Service Committee L.
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Y::: @ % rd Southeastern Regional Office 92 Piedmont Avenue, N.E.
IN RESPONSE REFER g
Atlanta, GA 30303 TO F0IA-81-216 IT M,
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Dear Ms. Mincer:
This is in reply to your letter dated June 1,1981, in which you requested copies of documents related to the import of special nuclear materials in the form of spent reactor fuel from the Chalk River Reactor in Ontario, Canada.
You also requested copies of documents which indicate the route or routes shipments from the Chalk River Reactor to the Savannah River Plant will use.
In response to your request, the documents listed on Appendix A hereto are released to you in their entirety and a copy of each document is enclosed. Appendix A documents one and two were previously released to the NRC Public Document Room located at 1717 H Street N.W., Washington, D.C. as NRC accession numbers 8105130297 and 8103240616, respectively.
Pursuant to Exemption 4 of the Freedom of Information Act (5 U.S.C.
552(b)(4)) and 10 CFR 9.5(a)(4) of the Commission's regulations, we are withholding the Canadian portions of the route specified in document one of Appendix B.
This document contains information which was obtained in confidence from a foreign source. Under these conditions the Canadian portion of the route contained in the document is protected from mandatory public disclosure under the alternative test set out in National Parks and Conservation Association v. Morton, 498 F.2d 765 (D.C. Cir. 1974).
Dnder that test, a record can be withheld because disclosure would impair the Government's ability to obtain necessary information in the future.
It is our view that a breach of understanding between the NRC and a foreign source could in the future inhibit the free-flow of information to the NRC and could interfere with our mission.
Document two of Appendix B contains unclassified safeguards information.
The statutory authority for withholding this information is found in Section 147 of the Atomic Energy Act (42 U.S.C. 2167).
This information is 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.
Copies of the non-exer.ipt portions of documents one and two of Appendix B are enclosed.
8108050066 810708" PDR FOIA NINCER81-216 PLR.
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7 o Ms..J.ilian Mincer 2-i i
Pursuant to 10 CFR 9.9 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 and Mr. John G. Davis, Director, Office of Nuclear Material Safety and Safeguards.
This denial 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 clearli state on the envelope and in l
the letter that it is an " Appeal from an Initial F0IA Decision."
We wish to inform you that the NRC's publication NUREG-0750, Public j
Information Circular for' Shipment of Irradiated Reactor Fuel, which contains maps of the routes used for spent fuel shipments, is currently undergoing its first revision and it is scheduled to be published in August, 1931.
This completes action on your request.
Sincerely, l
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'./'. Fe ton, Director J
Division of Rules and Records Office of Administration
Enclosures:
As stated l
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. Appendix A 1.
3/27/81-Letter to C. Stephens from J. R. Shea, " Federal Register Noi; ice" (w/ enclosure 5) NRC Accession ho. 8105130297 (3 pages) 2.
3/10/81 Letter to Director, Export / Import and International Safeguards,
' NRC, from C. R. Johnson, Nuclear Assurance Corporation,
Subject:
Import. License Application for S
- Assemblies; Government (Canada) pent Nuclear Research Fuelto Gove 1
ISNM 81005-(w/ enclosures) NRC Accession-No. 8103240616 (22 pages) 8 e
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Appendix B 1;
5/15/81 Letter to G. W. Mc'Corkle from F. L.'Danese, Nuclear Assurance Corporation (3 pages).
2.
6/24/81 Letter to' F. L. -Danese,- from G. W..McCorkle w/ enclosures
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