ML20045E272
| ML20045E272 | |
| Person / Time | |
|---|---|
| Issue date: | 04/12/1993 |
| From: | Harris C NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Facaros N AFFILIATION NOT ASSIGNED |
| Shared Package | |
| ML20045E274 | List: |
| References | |
| FOIA-93-134 NUDOCS 9307010313 | |
| Download: ML20045E272 (6) | |
Text
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U.S. NUCLEAR REGULATORY COMMISSION NHC f OlA HEOUEST NUMBE H{St t.
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FOlA 134
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. RESPONSE TO FREEDOM 'OF
- l FINAL d PARTIAL c
INFORMATION ACT (FOlA) REQUEST o^Te APR D 1993
_....e DOCKET NUMBER (S)(t/apphcable).
REQUESTER Nickolas Facaros
. PART l.-AGENCY RECORDS RELEASED OR NOT LOCATED (See checkedboxes)
No agency records subject to the request have been located.
No additional agency records subject to the request have been located.
Requested records are available through another public distribution program, See Comments section.
. Agency records sutsject to the request that are identified in Appendix (es) are already available for public inspection and copying at the NRC Public Document Room,2120 L Street, N W., Washington, DC.
Agency records subject to the request that are identified in Appendix (es)
A are being made available for public inspection and copying XX et the NRC Public Document Room,2120 L Street, N.W., Washingtor: DC,in a folder under this FOIA number.
The nonproprietary version of the proposal (s) that you agreed to accept in a telephone conversation with a member of my staff is now being made available i
for public inspection and copying at the N RC Public Document Room,2120 L Street, N.W., Washington, DC, in a folder under this FOI A number.
Agency records subject to the request that are identified ir, Appendix (es) may be inspected and copied at the NRC Local Public Document Room identified in the Comments section.
Enclosed is information on how you may obtain access to and the charges for copymg records located at the NRC Public Document Room,2120 L Street, N.W., Washington, DC.
XX Agency records subject to the request are enclosed?
Records subject to the request have been referred to another Federal agency (ies) for review and direct respon>e to you.
Fees You will be billed by the NRC for fees totaling $
. You will receive a refund from the NRC in the amount of $ '
i in view of N R C*s response to this request, no further action is being taken on appeal letter dated
, No.
PART 11. A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Certain information in the requested records is being withheld from public disclosure pursuant to the exemptions described sn and for the reasons stated -
XX in Part 11,' B, C, and D. Any released portions of the documents for which only part of the record is being withheld are being made available for public inspection and copying in the NRC Public Document Room,2120 L Street, N.W., Washington, DC in a folder under this FOIA number, COMMENTS
- Agency records subject to your FOIA request that are identified on the enclosed Appendix A'are enclosed.
The NRC is continuing to review records subject to your request.
We will notify
.you upon completion of the review.
SIGN ATUR E, DE O DIV (ON F F REEDOM OF INFORMATION AND PUBLICATIONS SERVICES Atef JJ. Un 6-~
r 9307010313 930412 PDR FOIA-FACAROS93-134 'pyg_
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FotA NUM8EP(s) oAte
[.,a RESPONSE TO FREEDOM OF
- INFORMATION ACT (FOlA) REQUEST FOIA 134 APR 12 1993-(CONTINUATION)
PART 11.B-APPLICABLE EXEMPTIONS
. Records subject to the request that are described in the enclosed Appendix (es) 0
' are being withheld in their entirety or in part under the Exernption No.(s) and for the reason (s) given below pursuant to 5 U.S.C. 552(b) and 10 CF R 9.17(a) of N RC regulations.
- 1. The withheld information is properly classihed pursuant to Executive Order. (Exemption 1)
- 2. The withheld information relates solely to the internal personnet rules and procedures of NRC. (Exemption 2)
- 3. The withheld information is specifically exempted from public disclosure by statute indicated. (Exemption 3) h Sections 141-145 of the Atomic 2nergy Act, wh ch prohinits the disclosure of Restricted Data or Formerly Restricted Data (42 U.S.C. 21612165).
,.w,,
Section 147 of the Atomic Energy Act, which prohibits the disclosure of Unclassified $afeguards Information (42 U.S.C. 2167L y>,}
- 4. The withhekt informaton is a trade secret or commercial or financial mformation that es bemg withheld for the reason (s) indicated. (Egemption 4)
MM The information is cons.dered to be conbdential business Iproprietary) enformation The mformation is conside'ed to be propnetary information pursuar t to 10 CFR 2 7904dH11 The mformaten was submitted and received in confidence pursuant to 10 Cs R 2 790fdll2) ts G
XX
- 5. Ttw withheld enformation consists of mteragency or mtraagency records that are not avadabic through discovery dunng htiget.on (Ememption $t Appbcable Privilege:
Dehberative Process-Disclosure of predecisenal miormation would tend to inhebit the open and frank enchange of aceas essential to the delibeestive process
,. : XX Where records are withheld an their entuety, the f acts a'e ens atr< ably entertwined with the predecisional mformation T here also are no reasonab!y seyegable factual portions because the recase of the f acts would permit an mdirect mouiry into the predecisional process of the agency Attorney work. product pnvoege (Docurnents prepa ed tw an attorney.n concernput,on of sityat.on i Attomey chent privdege. (Corihdential communications between Jn attorney and his'her chent.)
- 6. The withheld iriformation is esempted from pubhc discionvie tiecause its disc 50sure wovid ersuit m a ctearty unaananted mvasion of personat povacy. (Exemption 6)
- 7. The withheld mformation consists of records compeied for law enfo# cement pu poses and is being withheld for the seasonts) mdicated (Exemption 7) r Disclosure could reasonably be expected to mterfere with an enforcement proceedmg because it could reveal the scope. directiort and focus of enforcement efforts, and thus could possibly allow recipients to take action to shield potential wrongdo*ng or a violation of NRC requirements from investigators. (E nemotion 7 ( AH Disclosure would constitute an unwarranted mvas.on cf personal privacy. (Ememption 7lC))
The mformation cons *sts of names et indiviouais and other inf ormation the darhvec of whn.h g ould reasonabtv be ennec ted to reveal identet es of conf.dential sources. (Exemption 7 (D1)
OTHEF.
PART lt C-DENYING OFFICIALS Pursuant to 10 CF R 9 25(b) and'or 9.25(c) of the U S. Nue:w Regulatory Comm.nsion regulatrons, it has been determined that the enformation withheld is exempt from pro..
ductroit or disclosure, and that its production or d ociowe is conPary to the pubhC seterest The persons responoble for the denial are those ofhcia4 dentshed hetow as denymg.
officials and the D. rector, Division of Freedom of information and Pubhcat ons Serv.ces. Of f.ce of Administrat:on, for any demals that may be appealed to the Executive Derector for Operations (EDO)
DLNYING OFFICIAL Tl f LE:Of HCE Rf CORDS DENIED APPtLLATE OFFICIAL DTrector, DTfice of Nuclear J*
5"""
'S Robert M. Bernero Material Safety & Safe _ guards Appendix B XX PART ll. D-APPEAL RIGHTS The dsnial by each cenyms official identified in Part II.C may be appealed to the Appellate Of ficial identified there. Any such appeal must be made in writing within 30 days of receipt cf this responsa. Appeals must be addressed. as appropriate, to the E necutive Director for Operations, to the Secretary of the Commission, or to the Inspector General, U.S. Nuclear Restatory Commission, Washington, DC 20556, and should clearly state on the envelope and m the letter that it is an " Appeal from an initial FOI A Decision."
{
- NRC FORM 464 (Part 2) (191)
U.S. NUCLEAR REGULATORY COMMISSION
v w.
APPENDIX A F01A 93-134 DOCUMENTS TO BE RELEASED IN'THEIR ENTIRE 11 N0.
MIX DESCRIPTION 1.
6/11/92 Ltr fm RBernero/NRC to JHunter/ DOE re: having a meeting on DOE's plans for sampling and analyzing the grout feed (3 pages) 2.
6/19/92 NRC memo fm RBallard to RBernero re: DOE internal review of the Hanford Waste Vitrification system (13 pages) 3.
6/24/92 Copy of viewgraphs presented by JEpstein/ Westinghouse Hanford Company to NRC.ACHW re: Hanford Grout Disposal Program (20 pages) 4.
6/25/92 Copy of viewgraphs presented by DWodrich/ Westinghouse Hanford Company re: Tank Waste Handling, Waste Classification, Removal of Additional Cs and Sr (32 pages) 5.
6/25/92 Copy of viewgraphs presented by JVoogd/ Westinghouse Hanford Company re: Grout Performance Assessment (24 pages) 6.
6/30/92 NRC Memo to File fm AEiss re: Advisory Committee on Nuclear Waste Mtg at Kennewick, WA and associated briefings on DOE and USE facilities (5 pages) 7.
7/16/92 Copy of NRC/ DOE Meeting Agenda'w/ notes and sign-in sheet of attendees (6 pages) 8.
7/16/92 Copy of viewgraphs presented by JVoogd/ Westinghouse Hanford Company re: Hanford Grout Disposal Program--Tank-Waste Classification (11 pages) 9.
7/16/92-Copy of viewgraphs presented by DWood/ Westinghouse Hanford Company, re:: Hanford Grout Disposal Program--Grout Characteristics Relative to NRC Requirements (10 pages).
10.
7/16/92 Copy of viewgraphs presen'ed by DWodrich/ Westinghouse -
Hanford Company re: Review of 1989 Agreement Between DOE.and
-NRC on Classification of Grout Feed as LLW and Current Status (33 pages) 11.
7/20/92 Key points from DOE and NRC 7/16/92 public meeting (2 pages) 12.
7/27/92 Note fm DWodrich to CGlenn re: Hanford Tank Waste (4 pages)-
13.
8/10/92 Hotes from CGlenn on letters from records on Hanford Tank Wastes _(4 Pages)
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-2
.NO.
Qalf DESCRIPTION
~14.
10/30/92 Ltr. from JAnttonen, DOE on meeting minutes from
-Hanford Tank Waste Disposal -meeting with NRC.and DOE (20 pages)
(Located in PDR under Accession No. 9212030049) 15.
11/17/92 NRC: Memo to PAltomare fm MWeber re: Comments on 11/9/92 Hanford Mtg Summary w/ enclosure (3 pages) (NOTE: l Enclosure-dated 10/30/92 is to be referred to DOE-for release. HMSS recommends release.)
16.
11/25/92 NRC Memo to' File fm PAltomare re: telephone call:fm DOE on,
-Hanford tanks remediation w/ enclosure (3 pages) (NOTE:-
Enclosure dated 9/27/92 is to be referred to DOE for release. NMSS recommends release.)
P 17.
12/15/92 Ltr fm RJim, Yakima Indian Nation to F01 son / Department of Ecology, Olympia, WA re: DOE's requested in Tri-Party Agreement on disposal of HLW in grouts vaults at' Hanford (2 pages) 18.
2/4/93 E-Mail from Weber re: Changes in Hanford's Grout Program (1 Page) s
.19.
3/16/93 E-Mail from Weber re: Hanford Meeting Summary Comments --
Reply (1 Page) 20.
undated Hanford Waste Vitrification Plant Project Fact Sheet (2 pages) 21.
undated Tank 241-AN-106_ Characterization _Results chart (1 page)-
22.
undated Sheet with DSSF/ DSS Conc. Cs-137 (1 page)-
J 23.
undated Table 1 - Summary Characteristics of Double-Shell. Tanks with HLW (2 pages) 1 24.
undated Copy of viewgraphs presented by' HHarmon/ Westinghouse Hanford Company.re: Tank Waste Remediation System Overview (14 pages) 25.
undated Copy of viewgraphs presented by JTseng/ DOE re: _ Introduction j
to Tank Waste Remediation System; and Tank Waste Remediation System Overview (15 pages) 26.
undated Copy of viewgraphs presented by GJohnson/ Westinghouse i
Hanford Company re: Understanding Venting Phenomena in
]
- Hanford Site Waste Tanks--The Evaluation of Tank-241-SY-101 (11 pages).
1 l
y' 1,
.4:
i:
3
~ NO.
Dale DESCRIPTION 27.
undated:
Chart re: Hanford Tank Waste Remediation System Flow Diagram--Reference Case (1 page) 28.
undated Chart re: Comparison of Cs-137 in DSSF/ DSS wastes with Cs-137 in HLW CC Wastes (1 page) k 4
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-RE::F01A-93-134 3,
o
~ APPENDIX B.
DOCUMENTS BEING WITHHELD IN THEIR ENTIRETY - EXEMPTION 5 1
~ 07/16/92
~ Excerpt From DOE /NRC July 16, 1992 Meeting--Tape 1.
Recording '(l'page) 2.
07/21/92 Notes on Denial of Petition for Rulemaking (7 pages)-
?!
3.
07/24/92 Note to Weber from Glenn regarding Reassessment lof the Criteria and Information Used 'tur the DOE'for Classification 1 of Incidental Waste (3pages) 4.
07/24/92 Copies of viewgraphs from Hanford Double Shell Tanks, Highpoints of the 07/16/92 meeting (3pages) 5.
07/30/92 Copies of viewgraphs presented by Fehringer regarding l
options for response to petition regarding Hanford. tank wastes '(5 pages) 6.
undated Preliminary - Strategy for Agency Action on Oregon and Washington Rulemaking Petition on Hanford Tanks _(9 pages) t
- 7.
undated Draft letter to Anttonen from Ballard (2 pages)
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March 4,~1993.
f3EED0fA 0F INFORMATION
-Director ACT REQUEST Division of Freedom of Information and Publications' Service
[df/7 -7,$-/3 Office of-Administration U.S. Nuclear Regulatory Commission gI[j-f-fcf I
Washington, D.C.
20555 Ret Freedom of Information Reguest Dear Director
- Under the Freedom of Information Act, I request, on behalf of The Seamless Web, that you send me copies of the'following records within 10 working days.
(1) A11 records (that I have not previously.
~
received pursuant to three earlier FOIA requests, copies of which.are-enclosed) considering or otherwise relating to the petition of Oregon and-Washington for'rulemaking on the classification of high-level radioactive waste at defense processing facilities -- such records include, but are not limited to, the following-(a) The NRC's. letter of June.11,
- 1992, requesting a meeting with the DOE and other interested parties in Richland,' Washington; (b) All records. prepared for the meeting;-
(c) All notes taken at the meeting; and (d) All analyses of matters presented at the meeting; (2) The NRC's schedule for reaching a decision on the petition;
-(3) All records relating to the petitions-of Bob Cook and the Yakima Indian Nation, dated September 12, 1991, and April 2, 1992,:in relation to the long-term storage-or disposal of HLW in Hanford's cribs, ditches, trenches, and single-shell tanks; (4)' All records? prepared for, relating to, or.
arising from.the' meeting on~ September 23, 1992, of.
NRC staff and Portland General' Electric staff to discuss'the' individual l Plan Examination Program at-Trojan Nuclear Plant; t
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FMarch'4,-1993
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Page 2 (5) All records prepared for,-relating to, or arising from the meeting 1on September 25, 1992, of the Region V Administrator, Region V staff, thel Oregon Department of Energy, and the Trojan Subcommittee-Chairman; (6) All records prepared for, relating to, or arising from the meeting on October 1, 1992, of NRC staff and the Oregon Energy Facilities Siting Council; and (7) All records prepared for, relating to,'or arising from the meeting on October l2, 1992, of NRC' staf f, the Oregon Department of Energy, and the Oregon Energy Facilities Siting Council.
Please provide these-records without exception or deletion.
If any material responsive to this request is-withheld, please provide ample justification.
I hereby petition for a waiver of all fees otherwise incurred for the processing of this request under 10-C.F.R. 9. 41 (b) :
(1).The information will be used for news articles arising. therefrom; (2) Each record will be fully analyzed, and the analysis will determine the extent of extraction; (3) The records will be used for investigative articles - in various publications, and _ the - rcquesterl is an editorlof an environmental newsletter titled The Seamless Web and an accomplished writer competentLin-
~
legal analysis; (4) The public will develop an understanding of (a) the petitions, the way in which they are slowly processed, the.NRC's evaluation.thereof, and the significance of the petitions, and (b).the events and analyses' leading up to the decision.to1 shutdown Trojan; (5) The information is targeted to reach people-who read newspapers and magazines, the circulation of which exceeds 1 million people; (6).The Seamless Web will publish the stories in its capacity as a news service, and will make the.
stories available'for reprinting by newspapers and
' ' * ~
C'
..NR - FOIA Request -
March 4, 1993 Page 3 magazines; (7) The stories will be copyrighted and made available for reprinting in original form, with proper credit, at no charge, and The Seamless Web itself will be distributed at no charge; and (8) It is possible, though fairly unlike Ay, that the requester will win an award for investigative environmental reporting.
Please send the records to me at The Seamless Web, P.O. Box 5448, Eugene, OR 97405-0448.
If you have any' questions, please call me at (503) 345-9907.
Thank you for your time and cooperation.
Sincerely, O
W Nickolas Facaros NF/nf
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I NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555 o,
5 JUN 111992 Mr. John Hunter Assistant Manager for Operations U.S.
Department of Energy Richland Operations Office P.O.
Box 550 Richland, Washington 99352
Dear Mr. Hunter:
7 In a letter to the Department of Energy (DOE) dated September 25, 1920, the Nuclear Regulatory Conmission agreed that the criteria used by DOE for classification of the grout feed as low-level waste are appropriate and, therefore, the grout facility for the disposal of the Hanford double-shell tank waste would not be subject to NRC licensing authority.
I am writing to request a meeting to hear DOE's plans for sampling and analyzing the grout feed, and DOE's plans for disseminating this information to NRC and other interected parties for review on a timely basis.
In our September 1989 letter, NRC requested to be informed if inventories of key radionuclides entering the grout facility are significantly higher than estimated in DOE's letter of March 6, 1989.
As you recall from your March 1989 letter, DOE performed an overall radionuclide material balance for all Hanford tank waste and committed to processing the. double-shell tank waste to satisfy the following criteria.
First, the bulk of key radionuclides (i.e., strontium,' cesium, and transuranics) will be separated for disposal in a geologic repository, so only two to three percent of the original inventory of radionuclides which entered the tanks will be disposed as low-level waste in~near surface vaults when the residual waste from the double-shell tanks are grouted.
S e c.,ad, the concentration of radionuclides in grout will be within 10 CFR Part 61 Class C limits for casium and transuranics, and will be within the Clasr A and B limitr'for the remaining radionuclides.
Third, the estimated curies of key radionuclides disposed to grout will be in the range of 13 to 21 megacuries.
NRC's agreement with DOE's classification that grouted waste is not high-level waste is based on the p 2 mise that these criteria will be met, and that DOE will sample and analyze the grout feeds before disposal in order to control the final composition of the grout feeds.
NRC endorsed DOE's plan to sample and analyze the-grout feed before disposal due to the uncertainty in the actual radionuclide inventory of the double-shell tank waste.
, _ QQAn) r\\t lv v m i W
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JUN11NO$
Mr. John Hunter 2
Therefore, NRC is requesting that DOE describe its pl as for processing the double-shell tank waste to ensure that they are still consistent with the above criteria, and its plans for sampling and analyzing the grout feeds.
If you have any questions regarding this matter, please do not hesitate to contact me on 301-504-3352.
To coordinate the meeting, please contact John Austin at 301-504-2560.
Sincerely,
)
Robert M.
Bernero, Director i
Office of Nuclear Material Safety and Safeguards l
cc:
Terry Husseman, Washington Department of Ecology Jeff Breckel, oregon / Washington Liaison William Don Tahkeal, Yakima Indian Nation I
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,, 3. q w Li Mr. John Hunter-2 JUN 111992 -
.Therefore, NRC.is requesting that DOE describe its: plans for processing the double-shell tank waste to ensure that.they are.
still: consistent.with the above. criteria, and its plans lfor sampling and-analyzing the' grout feeds.
If-you have any questions regarding this-matter, please do.not-hesitate to contact me on 301-504-3352..To coordinate the meeting, please contact John Austin at 301-504-2560.
Sincerely,.
Originalsigned by Robert M. Bemero Robert M..Bernero, Director.
Office'of Nuclear Material Safety and Safeguards cc:
Tcrry Husseman, Washington i
Department of Ecology ~
J.eff Breckel',
-Oregon / Washington Liaison William ~ Don.Tahkeal, Yakima
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