ML20043C298
| ML20043C298 | |
| Person / Time | |
|---|---|
| Issue date: | 04/09/1990 |
| From: | Grimsley D NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Gilbert L AKIN, GUMP, STRAUSS, HAUER & FELD (FORMERLY AKIN |
| Shared Package | |
| ML20042D180 | List: |
| References | |
| FOIA-90-29 NUDOCS 9006050025 | |
| Download: ML20043C298 (7) | |
Text
em"
.ac FO.Reow$i md, r
FilAM 90-29
-.h.
O Rwo.,u Tm RESPON E TO FREEDOM OF
- t IX l'ea.t INFORMATION ACT (FOIA) REQUEST
_*^ 2 (cese g 9_ g e
oocm w=Risi, a-aa.
Rs Oi/6 51L R Linda S. Gilbert PART 4.< AGENCY RECORDS RELE ASED OR NOT LOCATED (See checked bonesJ No egency records subsect to the request have been located.
No oddrtional egency records subrect to the roovest have been located.
Requested records are available through another pubiec distribution program $ae Comments Section.
Agency records subject to the request that s'e identaf'ed on Append nlesi are alreaJy available for publeC mspect.on and copyng m the NRC Public Document Room 2120 L Street. N W.. Washington. DC 20555 Agency records sub,ect to the request that are identified on Appendentes) b are bemg made available for public smspection and copyng m the XX NRC Public Dxument R am. 2120 L Street. N W. WasNngion. DC, e a folder under this FOIA number and reovester name.
The nonpropesetary version of the peoposalts) that you apted to accept m a telephone conversation with a member of my staff as now being made avadable for public enspecten and copying at the NRC Pvblic Document Room 2t 20 L Street. N W-. WasNngton DC. m a foldee ue dei this FOIA nu.-ber and reovester riame Agency records subject to the request that see edent feed on Append siesi
_may be espected and copied at the NRC Local PubleC Document Room identif ec en the Commerts Section.
Enclosed is mformation on how you may obtain access to and the cha*ges for copymg records placed in the NRC Pubiec Document Room. 2120 L Street. N W.
Washington. DC.
^ *'acv c o'd 5 '"b 'c' 'h'
- a** *' 'ac '* *
- d
- XX l
g Records subject to the request have been referred to another Fede'at agencyl.es) for rev'e* and direct response to you You wdl be belled by the NRC for fees totating 8 In www of NRC's response to tNs raQvest. no furthes action is being taken on appealletter dated No PART R. A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Certam information in the reavested records is being **th*eid f<om pubic d scloso'e puesvant to the esempt.cas cescobed m and foi thw sea sons se: ed m Pa t a XX
'eci.oes e. C. and O Any eeitased portions o' ihe documenii f or *hich oni, ca<i o' in. 'eco d is be.ng
- ihheid a,e be.ng,e ad. e,aaaete to, puoi.c mspeci.on and I
Copymg m gy NRC Pubhc Documen* Room. 2120 L Street. N W. WasNngton. DC in a folde' under this FotA number and reavesie, name s
CCMMENTS
- The releasable portions of the records identified on the enclosed Appendix C are enclosed.
- Enclosed is a further listing of the records which have been referred to the U.S.
Department of Energy.
1LI ATURE, DIRE T R. DIVI J OF FREEDOM OF INFORMATION AND PUBUCATIONS SERVICES W
M..
I{
\\
s
- 3 9006050025 900409 l
FREEDOM OF INFORMATION ACT RESPONSE rOiA NUuetRf=
FOIA'- 90 oATsc M R I - ig g PART 3.0-APPUCABLE EXEMPTIONS Records evbject t2 the fequest that are described on the enclosed Appendix (eel C._.) 0 are being withheld in their entir:ty or in part under the L f'.. Etemptione and for the reasons set forth below pursustit to 5 U.S.C. 552(b) and 10 CFR 9.17te) of NRC Regulations..
- 1. The withheld information le property classited pursuant to Executive Order (EXEMPTION 1)
- 2. The withheld information relates solely to the intemal personnel rules and procedures of NRC. (EXEMPTION 2)
- 3. The withheld information is specifically exempted from pubhc disclosure by statute indcated: (EXEMPTION 3)
-15 1
Sections 141 146 of the Atornic Energy Act which probitzts the disclosure of Restricted Data or Formerty Restricted Data (42 U S.C. 216121651.
m 41g Section 147 of the Atomic Energy Act which prohibsts the disclosure of Unclassrfed Sefeguards information i42 U.S C. 2167).
- 4. The withheld information es a trade secret or commercial or fmancial mformation that ra bemg withheld for the reason (s) andicated: (EXEMPTION 4)
The information is considered to be confidential business (proprietary) mformaten.
The information is considered to be propnetary informaten pursuant to 10 CFR 2.790(dH1).
The informaton was submitted and received in confidence pursuant to 10 CFR 2.790tdH2).
XX
- 5. The withneld in'ormation cons =t o' inter *9eacv or intr =*9ency records that are not avasiable throveh discovery dunng htigation. (EXEMPTION 51 Apphcable Pnvilege-Dehberative Process Disclosste of predecissonal enformation would tend to mhibit the open and frank enchange of ideas essential to the dehborative process.
XX Where records are withheld m their enterety, the f acts are sneatncably intertweed with the predecisional mformation. There also are no reasonably segregable f actual portions because the release of the facts would permet en mdirect inquiry mto the predecisional process of the agency.
Attoney work product pnvilege (Documents prepared by an ettorney m contemplation of htigation I
( Attomy -chent privdege (Confxtential communtcations between an attorney and his her chent i
- 6. The withheld information as exempted from public disclosure because its disclosure would result m a clearly unwarranted mvason of personal pnvecy. IEXEMPTION 6)
~
i 1. The withheld information consists of records competed fur law enforcement purposes and is bemg withheld for the reason (s) indicated. (EXEMPTION 7)
-i l
Disclosure could reasonably be expected to anterfe'e with an enforcement proceedmg because et could reveal the scope. directen. and focus of en-forcement offons, and thus could possibly allow them to take acton to shield potential *nongdoing or a violation of NRC requirements from investigators EXEMPinON 71An Disclosure would constitute an unwafrented invasion of personal pnvecy (EXEMPTION 7(C)
The mformation consists of names of individuais and other mformaten the discbsure of which could reasonabiy be enoected to reveal identities of confidential sources (EXEMPTION 7 (D1)
~
OTHER
{
PART N. C-DENYING OFFICIALS Pursuant to 10 CFR 9 25ibt and'or 9 25 tc) of the U S Nuclear Regulatory Commission regulatons. It has been determined that the mformation withheld is exempt from production or disclosure, and that its production or disclosure is contra 3 to the publec interest The persons responsible for the denial are those officiais identifed below as denymg officiahr and the Director. Division of Freedom of Information and Pubhcations Services. Of face of Admmistration and Resources Management, for any den 6als that may be appepled to the Executive Director for Operations IEDO)
DENYINO OFFICIAL TITLE / OFFICE RECORDS DENIED APPELLATE OFFICIAL Director, Office of Nuclear SECnETARv EDO Mr. Robert M. Bernero Material Safety and Safeauards Appendices C & D XX PART N. D-APPEAL RIGHTS The denial by each denying officialidentified in Part il C may be espealed to the Appellate Official identified in that sectiort Any such appeal must be in wntog and must be made withen 30 days of receipt of this response. Apoeals must be addressed as appropnate to the Executive Director for Operations or to the Secretary of the Commission.
U.S. Nuclear Regulatory Commiasson, Washmgton, DC 20555. and should cesarty state on the envelope and in the letter that it is an " Appeal from an In#tial FOIA Deciseon."
NRC FLftM 464 (Part 2)
U.S. NUCLEAR REGULATORY COMMISSION FOIA RESPONSE CONTINUATION
E N' g l
Re:
F0lA-90-29 APPENDIX C RECORDS BEING RELEASED IN PART 1.
2/1/90 Memorandum from Vacca to Glenn, subject:
Seventh RSI Capsule l
and Site Recovery Information Meeting (32 pages) Portions deleted - outside scope of request 2.
11/2/89 Memorandum from Vacca to Glenn.. subject:
Fifth RSI Capsule and i
Site Recovery Information Meeting (7 pages) Exemption 5 l
3.
5/5/89 Handwritten Note from Vacca to Cunningham, et al., subject:
Executive summary (31 pages) of GA. Task Force Report re:
RSI
)
with attached letter from Setser to Cline transmitting Draft l
Executive Summary of First Interim Report (36 pages) Exemption 5 4.
3/24/89 Handwritten Notes from Vacca (2 pages) Exemption 5 l
S.-
12/88 Draft - First Interim Report of the RSI incident Evaluation Task Force with annotations (382 pages) Exemption 5 6.
7/28/88 Hardwritten Meeting Notes regarding REC's visit to RS!
(2pages) Exemption 5 7.
7/26/88 Handwritten Notes of telecon with NMSS, OGC, RII, and GPA (3 pages) Exemption 5 8.
7/20/88 Handwritten Notes by Vacca of telecon among NMSS, GPA, and RII (3 pages) Exemption 5 9.
7/20/88 Handwritten Notes made by Pat Vacca (3 pages) Exemption 5 10.
7/18/88 Handwritten Notes by Vacca on telecon among NHSS, 0GC, RII, and GPA/SLITP (1 page) Exemption 5
- 11. 7/14/88 Handwritten File Notes by Vacca regarding telecon with DOE (1 page) Exemption 5
- 12. 6/15/88 Handwritten Notes by Vacca regarding telecon with Jim Ayer (3 pages) Exemption 5 13.
6/14/88 Handwritten Notes by Vacca regarding telecon with P. Stohr (1 page) Exer.iption 5 14, 6/13/88 Handwritten Notes by Vacca (4 pages) Exemption 5
- 15. 6/9/88 Handwritten Notes by Vacca (4 pages) Exemption 5
~
~ }l Q
^
r, Re:
F01A-90-29 APPENDIX D RECORDS BEING WITHHELD IN ENTIRETY 1.
Undated Draft memorandum from Hugh L. Thompson to Victor Stello, l
subject: Meeting with DOE Investigation Group on Cesium-137 WESF Capsules (2 pages) Exemption 5 2.
Undated General Questions for RSI in Ohio prepared by S. Baggett (4pages) Exemption 5 3.
Undated Draft memorandum from Vandy L. Miller to William J. Adam, subject:
Use of WESF Capsules at Radiation Sterilizers, Inc.
(3pages) Exemption 5 4.
Undated Handwritten Notes - Lessons Learned (1 page) Exemption 5 5.
2/21/90 Draft Commission Paper, subject:
Staff Requirements -
Director's Decision in the Matter of Applied Radiant Energy Corporation (8 pages) Exemption 5 6.
8/11/89 Memorandum from-Richard E. Cunningham to Robert M. Bernero, subject:
Recommendations Regarding Findings in June 30 Report'of RSI Incident Evaluation Task Force (2 pages), 1989 Enclosing Interim Report dated 6/30/89(30 pages),More
{
Detailed Discussion of NRC's Responses (4 pages), and Text of Pertinent Sections of Proposed 10 CFR Part 36 (6 pages)
The Interim Report was released in' our previous response to you (Item 11 of Appendix A) The remainder of the entire record is being withheld - Exemption 5
- 7.
4/89
.HandwrittenNotespreparedbyJ. Austin (1page) Exemption 5 8.
8/12/88 Handwritten Notes prepared by P. Vacca (2 pages) Exemption 5 9.
8/12/88 Handwritten Notes prepared by(P. Vacca regarding telecon between NMSS and J. Baublitz 2pages) Exemption 5 10.
7/26/88 Two annotated copies of a record entitled, ' Guts of Draft
" Order" to Licensees" (4 pages) Exemption b 11.
7/26/88 Handwritten Notes on Draft Order and Craft Confirmatory Action Letter (8 pages) Exemption 5 L
i J
I APPENDIX D RECORDS BEING WITHHELD IN ENTIRETY (Continued) 12.
7/18/88 Handwritten Notes prepared by P. Vacca regarding telecon between NMSS and RII (1 page) Exemption 5 13, 7/15/88 Handwritten Notes prepared by P. Vacca regarding telecon with DOE, GA, GPA, RIII and NMSS (1 page) Exemption 5 14.
7/15/88 Handwritten Notes prepared by P. Vacca regarding telecon with Dick Odengarden (1 page) Exemption 5
=
15.
2/18/86 Handwritten Notes from J. Hickey to J. ber (1 page) Exemption 5 16.
10/4/85 Handwritten Notes prepared by J. ber regarding Site visit (2pages) Exemption 5 17.
9/26/85 Draf t annotated memorandum from Vandy L. Miller to William J.
Adam (3 pages) Exemption 5
- 18. 8/15/85 Handwritten Notes prepared by P. Vacca regarding discussions with D. Widemann (2 pages) Exemption 5 19, 8/1/85 Handwritten Note from J. Hickey to R. Cunningham and V. Miller (1 page) Exemption 5 1
- 20. 8/1/85 Handwritten Note from J. Hickey to Bruce Mallett (1 page)
Exemption 5 21.
9/14/84 Memorandum from James E her to William J. Adam, subject:
Cesium Sources in the Form of WESF Capsules in Dry Irradiation--Wet Storage Facilities with enclosed Appendix (9pages) Exemption 5 22.
6/11/84 Draft letter from Bernard Singer.to Allen Chin regarding request for amendment (1 page) Exemption 5 23, 5/9/84 Handwritten Notes prepared by B. Singer regarding telecon with T.Dorian(1page) Exemption 5
- 24. 4/84 Handwritten Note from B. Singer to Jim her (2 pages)
Exemption 5 i
25.
12/8/83 Annotated version of Amendment 02 to License No. 04-19644-01; Draft of subsequent amendment (4 pages)_ Exemption 5 l
l-
,l 7..
L.
/
- f.
RECORDS REFERRED TO THE DEPARTMENT OF ENERGY Re: F0!A-90 29 APPENDIX 1.
1/16/90 MemorandumfromDagenharttoDistribution(19pages) 2, 2/21/90 RSI Recovery Activity Weekly Site Report (5 pages)-
- 3, 2/6/90 Memorandum from Dagenhart to Distribution (3 pages) 4.
12/14/89 MemorandumfromDagenharttoDistribution(3pages) 5, 11/15/89 RSI Recovery Activity Weekly Site Report (4 pages) 6.
10/19/89 MemorandumfromDagenharttoDistribution(3pages) 7.
10/13/89 Memorandum from Dagenhart to Distribution (19 pages) 8.
10/5/89 RSI Recovery Activity Weekly Site Report (4 pages) 9.
9/28/89 MemorandumfromMcCallumtoLawrence(2pages) 10, 9/22/89 Letter from Grygiel to Gerton (4 pages)
- 11. 9/20/89 Memorandum from Dagenhart to Distribution (1 page)
- 12. 9/13/89 DraftmemorandumfromTowelltoOsgood(4pages) 13, 9/11/89 Memorandum from Bowen to Grygtel (17 pages)
- 14. 8/30/89 Memorandum from Dagenhart to Distribution (4 pages)
- 15. 8/10/89 Letter from Grygiel to Bracken (9 pages)
- 16. 6/1/89 Letter from Harris to Watkins (1 page) 17.
10/31/88 Memorandum from Brehm and Taylor to Newman (1 page) 18, 9/14/88 Letter from Heiskell to NRC (2 pages)
- 19. 9/14/88 RSI Recovery Activity Daily Site Repor. (1 page)
- 20. 9/2/88 10 CFR 71.95 Report of Unexpected Occurrence During Packaging andTransportation(24pages) 21, 10/27/88 Letter from Gerton to Mallett (9 pages) l
3( 4d.
g,i Ret F01A-90-29 L
APPENDIX
- 22. 10/6/88 Note from Bryan'D. Walker to Of stributton,) subject:
WESF Cesium Capsules Activities Update (4 pages Note:
The NRC recomends that the handwritten notes be withheld from public disclosure - Exemption 5.
(DeliberativeProcess) t 4
8-
1 H
+
AKIN, GUMP, STRAUca, H AVER & FELD
-(.
ATTORNEYS AT LAW A PARTNERSHIP 6HCLU0iNG PROFES$iONAL CORPORA 1:0NG CO CRESS A CN E O PACsFiC AvtNyt AUSilN. f tKA$ 787Q1 O ALL AS.1 t R As 7 5 2 01 4 618 1333 NEW HAMPSHIRE AVENUE NW.
(Sit) 499 6200 (Ital 969 2800 SutTE AN 1 SOC INitariati PL A2 A WASHINGT oN. D C. 2OO36 3200 RtrustsCB ANK CENita 700 Louis AN A statti 300 CONvtNT 6tatti (202)087 4000 woustoN, itx As 7 7002 SAN Antonio, Ttx As 78 205 rAx(202)807 4208 (713) 221 0101 45121270 0800 wensas pintet 0% NWBem i,0$J $4h January 19, 1990 EREEDOM 0F INf 0RMAll0N W
Mr. Donnie H. Grimsley, Director Division of Freedom of Information and O//I - fd -27
/
Publications Services IO Office of Administration
/
U.S. Nuclear Regulatory Commission
+
Washington, D.C.
20555 RE:
Freedom of Information Act Request
Dear Mr. Grimsley:
The following request is filed under the Freedom of Information Act, 5 U.S.C. S 552.
For the purpose of this request, the term " document" means all memoranda, letters, filings, testimony, exhibits, contracts, transcripts, depositions, interview
- notes, minutes,
- notes, telephone
- logs, memoranda regarding telephone
- calls, drafts,
- studies, analyses,
- reports, maps,
- diagrams, charts,
- books, articles, pictures, printouts, tapes, or other written,. 3raphic, or computerized information.
Please provide copies of the fc11owing:
1.
All documents that relate in any way to the licensing of Radiation Sterilizers Inc. (RSI) by the Nuclear Regulatory Commission or the State of Georgia (including all agencies and departments thereof) for the commercial use of cesium capsules produced at the Waste Encapsulation and ' Storage Facility (WESP), and RSI's compliance with those licenses to use the WESF cesium sources.
2.
All documents that relate in any way to the meeting held on December 6,
1989 at NRC Headquarters with James Setser, Chief, Program Coordination Branch, Georgia Department of Natural Resources, and NRC and DOE staff, concerning the removal of WESF cesium sources from RSI's facility in Decatur, Georgia; and any prior or additional meetings concerning the mm
---e
,.8RIN. GUMP, strauss, H AVER & FEto Mr. Donnie H. Grimsley January 19, 1990 Page 2 same general subject matter; including, but not limited to, any correspondence or memoranda to or from any participants in any such meetings concerning the same general subject matter.
Pursuant to 5 U.S.C.
S 552(a)(6), a response to this request is required in ten days.
I am willing to pay all necessary search and copy fees associated with this request.
Please notify me at (202) 887-4434 if these fees are expected to exceed $350.00.
If any portion of this request is denied, please provide a. detailed explanation of the reasons for the denial as required by 5 U.S.C.
S. 552 (a) (6).
Sincerely, p s. p w Linda S.
Gilbert i.
I l
..