ML20043C414
| ML20043C414 | |
| Person / Time | |
|---|---|
| Site: | 05000054, 07000687 |
| Issue date: | 03/30/1990 |
| From: | Philips J NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Hall W AFFILIATION NOT ASSIGNED |
| Shared Package | |
| ML20043C415 | List: |
| References | |
| FOIA-90-97 NUDOCS 9006050161 | |
| Download: ML20043C414 (4) | |
Text
b U.S. NUCLE.AR REULATORY COMMISSCN eceO n eout5ihuwst FOIA - 9'8 & 2
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RESPONSE TO FREEDOM OF M
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INFORMATION ACT (FOIA) REQUEST [
MAR 3 01990 Ossee a
DOCai1 Nuuetn:$,ter pexease#
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PART l.- AGENCY RECORDS RELE ASED OR NOT LOCATED iSte checaed bonesJ No agency records subsect to the request have been located
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No edditional agency records subsect to the request have been located Reevested records sie available through anothes public dest'ibution program See Comments Section.
i Agency reco#ds subs ct to the request that ase identif.ed on Appendiales?
are already available for pubhc espection and copymg m the e
NRC Pubhc Document Room 2120 L St'est. N W. Washmgton. DC 20555 Agency records subiect to the sequest that s'e identif.ed on Append.mies h
are being made available for pubhc essection and copr g m the j o
NRC Pubhc Document Room. 2120 L Stetet. N W.. Washington. DC. m a folder under this FOIA number and stovester name.
The nonproprietary version of the proposahst that you egreed to accept in a telephone conversation with a memt.et of my staff is now bemg made avedable for pvblic inspection and coppng at the NRC Public Document Room 2120 L Street. N W. Washington. OC. m a folder unde. this FOt A numt.et and reovester r;ame.
Agency records subsect to the renvest that are identified om Append tiesi may be inspected aM corned at the NRC Local PutAc Document Room scentif.ee in the Commerts Section.
Enclosed as mformation on how you rney obtain access to and the charges fo* copymg records placed in the NRC Publc Docu r.ent Room. 2120 L St'eet. N W.
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Washington. DC Agency records subiect to the sequest a'e enclosed
{p Records subsect to the sequest have been referred to anotker [edera! agencybest for review and duect #esponse to you You will be billed by the NRC for fees totalmg 4 in view of NRC's respense to this request. no further action is teing taken on appealletter dated No PART 11 A-lNFORMATION WITHHELD FROM PUBLIC DISCLOSURE Certain info <mation in the requested records is being *itsheid f om ovenc d scicsee ossuant to the esempticas described in and foi tre seasons stated in pa i n y
sect oes 8 C. and 0 Any reieased oort ons et the doc < rents foe *Nch only ca t of the 'eco'd is being withheid are teing erace a.adable for puche nspection and l,
G copymg m the NRC Pubic Document Room. 2120 L Street. N W. weshington. DC m a fonde' undes this FOI A n mt,ee and eequeste, name u
COMMENTS 9006050161 900330 PDR FOIA HALL 90-97 PDR k
b SIGN ATU@ECTOR, OlylSION OF FREEDOMAF INFORMATION AND PUBUCATIONS SERVICES j
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FREEDOM OF INFORMATION ACT RESPONSE MAR 3 01990' FJIA - 7# # 7 -
FOIA NUMBEFHS)
DATE; PART N.B-APPLICABLE EXEMPTIONS f
Records subject t3 the request that (r? Cscribed Cn the CnclosTd Appendixts) are being withhild in their entirety or in part under the
, Emernptions and for the reasons set forth befow pursuant to 5 U S.C. 552(b) and 10 CFf} 9.17(al of NRC Regulationsc I
- 1. Tne withheld information is property classified pursuant to Enocutive Order (EXEMPTION 1) 2 The withheld information relates solely to the internal personnel rules and procedures of NRC, (EXEMPTION 2)
- 3. The withheld information is specifically exempted from public disclosure by statute indicated- (EXEMPTION 3)
Sections 141 145 of the Atomic Energy Act which prohibits the disclosure of Restricted Data or Formerty Restncted Data (42 U.S C. 21612165).
Section 147 of the Atomic Energy Act which prohibits the disclosure of Unclassified Safeguards information (42 U.S C. 2167).
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- 4. The withheld information is a trade secret or cornmercial or financial information that is being wrthheld for the reason (s) mdecated: (EXEMPTION di T
The information is considered to be confidential busmess lproprietary) mformation.
The infoemation is considered to be propnetary information pursuant to 10 CFR 2.790(dH1).
The information was submitted and received m confidence pursuant to 10 CFR 2.790tdH2).
- 5. The withhtid information consists of mteragency or intraagency records that are not available through discovery dunng litigaten. (EXEMPTION 51. Apphcable Pnvilege:
Dehberative Process: Disclosure of predecisional mformation would tend to mhibit the open and frank enchange of ideas essentia6 to the delEstive process.
Where records are withheld m their entirety, the f acts are inestncably mtertwmed with the predecisional mf ormation There also are no reasonably segregable f actual portions because the release of the f acts would permet an indirect enquiry mto the predecisional process of the agency.
Attorney work product privilege. (Documents prepared by an attorney in contemplation of htigation i Attomey -chant privilege (Confidential communications between an attorney and his her chent i
- 6. The withheld mfonnaten is enempted from public disclosure because its disclosure would resuft m a clearty unwarranted mvesen of personal pnvecy. IEXEMPTION 6)
- 7. The withheld mformation consists of records compiled for law enforcement purposes and is bemg withheld for the reason (s) indicated. (EXEMPTION 7)
Disclosure could reasonably be expected to interfere with an enforcement proceeding because it could reveal the scope, direction, and focus of on-forcement efforts, and thus could possibly allow them to take action to shield potential wrorigdoing of a violaten of NRC requerements from mvestegators E XEMPTION 7 (All Disclosure would constitute en unwarranted invasion of personal privacy (EXEMPTION 7tCil The informaten consists of names of individuals and other information the disclosure of which could reasonably be espected to revealidentities of confidential sources (EXEMPTION 7 (Dil OTHER PART N. C-DENYING OFFICIALS Pursuant to 10 CFR 9 25tbl and/or 9 25 (c) of the U S Nuclear Regulatory Commission regulations. it has been determined that the mformation withheld is exempt from production or disclosure. and that its production or disclosure is contrary to the pubhc interest The persons responsible for the denial are those officials identified
. below as denying officiels and the Director, Division of Freedom of Informaoon and Pubhcations Services. Office of Admmistration and Resources Management, for any dentis that may be appe#ed to the Executive Director for Operations IEDO DENYING OFFICIAL TITLE / OFFICE RECORDS DENIED APPELLATE OFFICIAL h
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PART N. D-APPEAL RIGHTS The denial by oech denyng officialidentified in Part it.C may be appealed to the Appellate Official identified m that section. Any such appeal must be in writing and must be made within 30 days of receipt of this response. Appeals must be addressed as appropriate to the Executive Director for Operations or to the Secretary of the Commission.
U.S. Nuclear Regulatory Commession, Washington, DC 20555, and should clearly state on the envelope and m the letter that it is an " Appeal f rom an initial FOIA Decision."
NRC F!ftM 464 (Part 2)
U.S. NUCLEAR REGULATORY COMMISS40N FOIA RESPONSE CONTINUATION
ll Re:
FOIA-90-97 APPENDIX C RECORDS BEING PLACED INTO THE PDR UNDER THE ABOVE REOUEST NUMBER L'
NUMBER DATE DESCRIPTION Liquid Release Pathways 1.
Undated Drawing (1 page) 2.
4/21/81-Letter to J. J. McGovern from J. H.
Joyner re:
Inspection Report No.
70-687/81-02 with enclosed Inspection Report (7 pages) i 3.
10/16/81 Letter to J. J. McGovern from R.
W.
Startostecki re:
Combined Inspection No. 50-54/81-02 and 70-687/81-04 with enclosed Notice of Violation and Inspection Report (10 pages) 4.
12/17/81 Letter to J. J. McGovern from T. T.
Martin re: Combined Inspection No.
50-54/81-02 and 70-687/81-04 with enclosed Licensee
Response
(3 pages) 5.
2/3/82 Letter to J.'J.
McGovern from T. T.
Martin re: Combined Inspection No.
50-54/81-05 and 70-687/81-03 with enclosed Insepction Report (8
pages) 6.
7/9/82 Letter to J. J. McGovern'from T. T.
Martin. re: Inspection Report Nos.
70-687/82-04; 50-54/82-02 with' enclosed Inspection Report (6
Pages) 1 7.
10/13/82 Letter to J. J. McGovern from T. T.
Martin re:
Inspection Report' No.
70-687/82-06 with enclosed Inspection Report (6 pages) 8.
4/28/89 Letter to J. J. McGovern from D. J.
Kasun re: Inspection Report No. 70-687/89-200 with enclosed Inspection Report (8 pages)
'- g, Re:-
FOIA-90-97 APPENDIX D RECORDS PARTIALLY WITHHELD NUMBER DATE DESCRIPTION & EXEMPTION 1.
7/29/85 Letter.to J. J. McGovern from T. T.
Martin re: Combined Inspection Nos.
50-54/85-02 and 70-687/85-03 (6
pages) EX.
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FREEDOM 0F'INFORMATION REQUEST FREEDOM 0F INFORMATION REEUEST 1
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40 Mulberry Street. Middletown, New York Ig Iggg ACT RIQUEST
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J Feb. 22, 19%
i Office of the Administrator
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US Nuclear Regulatory Commission FREEDOM PF INFORMATION REQUEST Washington, D.C.
Dear Sir This is a Freedom of Information request for copies of the following:
- 1. Yearly reports or compilations of reports done yearly on the operations at CintiChem, which runs a 5-megawatt reactor on Long Headow Road, Sterling Forest, Tuxedo. (We have the Jan. 23, 1990 report on inspections done in October of'1988 - Docket Nos. 50-54 l
70-687.) We request these reports for the past 10 years.
P.. Responses by Cint1 Chem to those reports, detailing actions the company contemplated taking in response. (We do not have a copy of CintiChemis Jan. 23, 1990 report response. We understand it has not been sent to you. But we would request it when filed.)
- 3. Any preliminary notification by CintiChem to the NRC about unusual events at the-plant. Also, for the last 10 years.
- 4. Any settlements, agreementsi or other legal statements in which Cintichem agrees to undertake corrective actions as a result of l
having been found in violation of NRC regulations.
- 5. A blueprint, map, or other geographic or architectural material filed with you by Cintichem showing its layout.
- 6. Specifically, we request a copy of the agreement or settlement of violations dated April 23 1987 in which the company was fined or agreed to pay a fine of $12,500.
We realize that some of this information may be more readily found than other parts. We request the most readily accessed as soon as possible.
Thank you for your cooperation.
If this request should be denied, please tell us who your appeals officer is so our lawyers may act quickly.
Special Projects Writer MwARg.
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UNITED STATES NUCLEAR REGULATORY COMMISSION 2
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REGION I
'21 APR 1981 e
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. Docket No.70-687 g
6 Union Carbide Corporation ATTN: Mr. James J. McGovern Business Manager, Radiochemicals P. O. Box 324 Tuxedo, New York 10987 Gentlemen:
Subject:
Inspection Report No. 70-687/81-02 This refers to the routine inspection conducted by Mr. P. Bissett of this office on March 16-20, 1981, of activities authorized by NRC License No. SNM-639 and to the discussions of our findings held by Mr. P. Bissett with yourself and Mr.
Konnerth at the conclusion of the inspection.
Areas examined during this inspection are described in the Office of Inspection and Enforcement Inspection Report which is enclosed with this letter. Within these areas, the inspection consisted of selective examinations of procedures and representative records, interviews with personnel, and observations by the inspector.
Within the scope of this inspection, no items of noncompliance were ebserved.
In accordance with Section 2.790(d) of the NRC's " Rules of Practice," Part 2, Title 10. Code of Federal Regulations, documentation of findings of your control and accounting procedures for safeguarding special nuclear materials and your facility security measures for physical protection are deemed to be commercial or financial information within the meani.ng of 10 CFR 9.5(a)(4) and shall be subject to disclosure only in accordance with the provisions of 10 CFR 9.12; therefore, the enclosed inspection report will not be placed in the Public Document Room and will receive limited distribution.
No reply to this letter is required; however, should you have any questions concerning this inspection, we will be pleased to discuss them with you.
Sincerely, dames; M kW I5 L
H. Joynen, Chief, Technical l
Inspection Branch, Division of Engineering and Technical Inspection
Enclosure:
Office of Inspection and Enforcement Inspection Report Number 70-687/81-02 (Contains 2.790 Information) h l
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t-Union Carbide Corporation 2
21 APR Iam cc: (w copy of report cover sheet only)
M. H. Voth, Manager Nuclear Operations W. G. Ruzicka, Reactor Project Engineer C. J. Konnerth, Health Physicist Dr. R. E. Bollinger, Vice President, Medical Products Division l
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U.S. NUCLEAR REGULATORY COMMISSION OFFICE OF INSPECTION AND ENFORCEMENT i
REGION I Report No. 70-687/81-02 Docket No.70-687 License No. SNM_-639 Safeguards Group I
Licensee:
Union Carbide Corporatio_n P.O. Box 324 TOTedo, New York Facility Name:
Sterling Forest Research Center Inspection At:
Tuxedo, New York Inspection Conducted:- March 16-20, 1981 Date of Last Material Control and Accounting Inspection: April 27, 1979_
Type of Inspection: Unannounced Material Control and Accounting Inspection Inspectors:
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W. BissEtt, Safeguards Auditor dyte signed Approved by:
tr.o Oc.ug 4/ NIP /
l Ja s H. Joynerf,)Actylg Chief date sfgned erial ContrW and Accountability Section Inspection Summary:
l Areas Inspected:
Facility Organization, Facility Operation, Shipping and l
Receiving, Storage and Internal Control, ID and Associated LEID, Physical L
Inventory, and Records and Reports.
The inspection involved 28 inspector hours onsite by one regional based inspector and was begun during the regular hours.
Results: The licensee was found to be in compliance with NRC requirements in the seven areas examined during the inspection.
THE INFORMATION ON THIS PAGE IS DEEMED TO BE APPROPRIATE S-F1 43 FOR PUBLIC DISCLOSURE PURSUANT TO 10 CFR 2.790 Copy 4 of'7 Copies 4/ Pages THE REPORT DETAILS CONTAIN
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