ML20056A267

Partial Response to FOIA Request.App F Records Encl & Available in Pdr.App G Record Withheld in Entirety (Ref FOIA Exemption 5)

ML20056A267
Person / Time
Issue date:	07/31/1990
From:	Philips J NRC OFFICE OF ADMINISTRATION (ADM)
To:	Riccio J NUCLEAR INFORMATION & RESOURCE SERVICE
Shared Package
ML20056A268	List: ML20056A267 ML20056A269
References
FOIA-90-220 NUDOCS 9008060260
Download: ML20056A267 (4)

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j esmu Tm l#i>Ama RESPO SE TO FRIED M OF-faa INFORMATION ACT (FOIA) REQUEST 6' ' '

'JUL 3 IJ99a eeese Docal1 m eatResitw e e w na oss Sit aTg.-,

M4 PART l.- AGENCY RECORDS RELEASED OR NOT LOCATED (See checard bonesl No opency records subsect to the sequest have been located.

No additional egency recorda subject to the request have been locsted.

hoquested reco<ds s's available through another public destributen peog.am See Comments Secten Agency reco<ds subsct to the seosest that s'e.dentJ.ed on Append alest-

_ s'e streedy evadat9e for pubhc inspecten and coping es the NRC Pubhc Document Room 2120 L Street. N W.. WesNngton. DC 20556 Agency records subs ct to the sequest that s'e. dent'f.ed on Append niesi

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are being made avestable foe puuic inspecten and copyeg es the e

NRC Pubhc Document Room. 2120 t Siveet. N W., WanNngton. DC. m a foidee undes this FOIA numbee and *equestee name n.e nonp op,iei., ee,sion of ihe p.opossi<si7ai,o. o,.eed io accept in a ieiephone coe,e.s. ion iih. membe, oi m, si.tf is no. bemg made.veaaue io, pewc inspecten and copyeg at the NRC Pw%c Document Room 2t 20 L Street. N W.. Wa:Nngton. DC. e a foeder undes tNs f otA nwmber and ecovester e.ame Agency records subpct to the reovest that are ident.f ed on Ag4end tiest

.,may be inspected and copied at the NRC Local PwMc Document Roorn scent.f.ec in the Commerts Section inclosed to mformation on ho. you may obtain access to and the charges for copymg recoscs placed in the NRC Public Document Room. 2120 L Stieet. N vr.

Washmgt_on. DC Agency reco,ds subsect to the eeovest are enclosed fletords sobrect to the request have been refened to anotbe, f ede'ai egencybest for ieview and di'ect response to you You will be billed by the NRC for fees totateg 4 in e.e. of NRC..,es-se io ins,eo esi. no fv.re, action is being 1.t en on.,pe.ne;tes d.ied No.

PART N. A-INFORMATION WITHHILD FROM PUBLIC DISCLOSURE Certain mtormat on in the reavested records is be.no aithhek' t'om pwbhc d<sclesw e po'svant to the esempt.ons descobec.n eno toe tre seasons stated in Pa's il e

sections B C. sad D Any released port.ons of the docurrents foe wh*ch oni, pa's of the seco d is be.no withheid a e being eraae a,aa die for pubhc especte anc e

copying in the NRC Pubhc Document Room. 2120 t Street. N W. Wa:Nngton. DC e a fonde' undee tNs

• Oi A n mbee and eeovester name u

COMMENTS 9008060260 900731 l

PDR FOIA i

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N Of FREEDOM OF INFORMATION AND PVOLICATIONS SERVICES rv t

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FT lA 45-*M Dan: JUL 3,

,m FREEDOM OF INFORMATION ACT RESPONSE'

1. 0:4 Nowates, PART R S-APPuCABLE EXEMPTIONS i

Rooords sub ect t) the request that are described on the enclosed Appendialis) _

2ee being withheld in their entirety or in part undes the i

E:ertiptioits and for the reasons set forth below pursuant to 6 U.S C. bb?tbl and 10 Cf R 9.171a) of NRC Regulations.

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l e The wahheW information is properly clessited pursuant to Esecutive Order (EXEMPTION 1)

2. The methheld information relates soloty to the Internal personnet tulos and proc.edures of NRC. ItxtMPilON 2)

3. The witthold information is specificolfy exempted from pubhc disclosure by statute endecated (tXEMPTION 3)

Sectens 141 146of the Atomic trergY Act wNch probtNis the disclosure of Restricted Data or Formstty Restucted Data (42 U $ C. 216141666.

Secten 147 of the Atomic Energy Act *Nch proNbits the disclosure of unclassited Seteguards informaten 142 U S C. 2167t

4. The withheln informaten is a trade sacret or cornmercial oe fmancialinformation that is being withheld for the esasontal indicated 11XEMPilON 41 The enformaten is considered to be confidentist bus. ness fproprietary information ite otormaten is considmed to be propnetary mformation pursuant to 10 CFR 2.790tdHI)

--4.--

Tte information wet sutetted end received in conteence pursuant to to CFR 2 790tdH21.

g 6i The withheld information consists of interagency or etiaagency escords that are ret a,sitabie theough discoyery du ne htivation (t atMPitON St ApphcatAe Privilege n

Deiste.ative Process Disclosure of piedecisional mfo*maten would tend to chbit the open and frar* enchange of ideas essential to the dehterative process

.g wte,.re e, cords are withh,eid in thou entuety, the f acts a,ii se inde ui ine, mio ih.th the predecisiones mto,maison there also are no reasonabiv seg'egable futu re mentricano miertaved wi v

ter ons beause ihe re s.s. of t,e fut, woem,eer.

Deed-esona, pem ens of the.genc, Atwnev work product privdege. toucuments peepeeed by an atioene, e coriemplaison of hieuat.on >

Attorney chent privdeve Icont dentiae cornmunicatens twiween an atiome, and Na hee client i

6. The withheld information is esempted from puMc disclosure because its disclosure wovkt result m a clearty unwa<rasted mvasion of personal privacy it Rt MPiiON 61

7. The wethheid mformatkin consists of #ecords compiled for law enforcement purposes and is being withheld lov the seasontsi indicated. lEXEMPilON 7)

Disclosure could reasonably he espected to mterfere with an enforcement proceedog because it couid reveal 1% scDpe direction. and focus of en foncement offons. and thus couid possibly silow ttom to tase action tc sheid rotential weonudomu or a veuten os NRC ecquuements from uivesisgatons E xtMPflON 7 IAH Dixiosure would const tute an unwananted invasen of peesonal pnvecy 11 x(MPTION 7(Cil The information consists of nanes of edividuais end other informJtion the 1 Mlosuee of which couAt reasonabir be espected to eevealidentttes of conhdentiai saueces it xtMPTION 7 lon Othe.

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PART N. C-DENYtNO OFFICIALS Pursuant to 10 CFR 9 254bi and'or 9 25 tc) of the U $ Nuclear Hegulatory Comnwssion regulatens. it has been determined that the information withheld is esempt frorn producteon ce disclosure. and that its production or disclosure is contrary to the cublic inteeest The persons responsible foe the denial are those officials identified below as denveg otheiais and the Duectoe. Divisen of Freedom of inloemation and Pec ations Se< vices. Of fece of Admmistration aiwt Resources Management for ans denials that may be appepied to the Executive Director for Operations 4tDC DENYING OFFICIAL TITLt/OF FICE FitCOROS DtNitD APPELLAf t 05FICIAL f

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PART R. D-APPEAL RfGHTS The denial by each denying offcalidentified m Part il C may be appealed to the Appeaate Of f cialidentified m that section. Any such appeal must be m wetteMil and snust be made wittwn 30 days of receipt of this response Appeals must be addressed as apcwooriate to the E necutive Otrector for Operations or to the Secretary of the Commession.

U.S. Nucleae Regulato<y Commissen. Washington. DC 20555, and should clearty state on the envolupe and ei the letter that it is an " Appeal frorn an initial FOtA Oecision.'

8eAC FOA48 464 IPen as U.S. NUCLEAR REGULATORY COMMISSION FOIA RESPONSE CONTINUATION

m Ret FOIA-90-220 APPENDIX F RECORDS BEING PLACED INTO THE PDR UNDER THE ADOVE REOUEST NUMBER gygggg.

g DESCRIPTION 1.

1/11/90 Letter to R.

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Fonner from J.

M.

McGarry, III ret LES Enrichment Plant Licensing-(4'pages) 2.

3/14/90-Memo to E.

S. - Beckjord from J.

M.

Taylor ret Initiation of Rulemaking to Amond 10 CFR Part 74 to Establish Material Control and Accounting Requirements for Commercial Centrifuge Enrichment Plants (1 page)

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FOIA-90-220 APPENDIX G RECORDS TOTALLY WITHHELD NUMBER DATE DESCRIPTION & EXEMPTION L

1.

6/13/90 Memo to W.

C.

Parler from J.

M.= Becker re: Louisiana Energy Services ' - Foreign Control & Domination Question-(18 pages) 1-I L

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Nuclear Information and Resource Service 142416th Street, N.W., Suite 601, Washington, D.C. 20036(202) 328 0002 FREED 3M Of li! FORMATION May 7, 1990 ACT REQUEST 1

bOM OO' Mr. Donnie H. Grjmsley Division of Rules and Records

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Office of Administration and Resources Management U.S. Nuclear Regulatory Commission Washington, D.C.

20555 FEREDOM OF INFORMATION ACT REQUEST

Dear Mr. Grimsley:

Pursuant to the Freedom of Information Act, 5 U.S.C.

522, as amended and 10 C.F.R. 9.8 of the Commission's regulations, the Nuclear Information & Resource Service requests the following documents regarding the uranium enrichment facility proposed by Urenco in Homer, Louisiana.

Pursuant to this

request, please provide all-documents-prepared or utilized by, in.the possession of,_or routed-through the NRC related to the environmental impact-of-the proposed facility; the licensing of the facility and the ownership _ and corporate structure of Louisiana Energy Services.

Please consider " documents" to include reports, studies, test results, correspondence, memoranda, neeting notes, meeting minutes, working papers, graphs, charts, diagrams, notes and summaries.of conversations and interviews, computer records and any other form L

of written communications including internal NRC memoranda.

Pursuant to and in compliance with 10 C. F. R. - 9.41 of the L-Commission's regulations governing requests for waiver of fees, the L

Nuclear Information and Resource Service, herein after referred to l

as NIRS, puts forth the following information.

NIRS seeks the requested information solely to contribute to and help shape the public debate on nuclear issues.

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N khAEated to a sound non. nuclear eneray pothy.

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NIRS intends to use-the information to help the citizens of Homer Louisiana and the surrounding-county better understand the impact of the proposed facility on their community.

NIRS will also use the requested information for an article in one of our publications.

NIRS is qualified to make use of the requested information.

The staff has demonstrated the ability to interpret information. and communicate that information in a

form comprehensible to the general public.

Members of the NIRS staff have published articles in such national journals as The Proaressive, Nuclear Times, Newsday and The Bulletin of Atomic scientists.

NIRS has a working relationship with physicists, engineers, medical doctors and other respected professionals who contribute to the full understanding of technical records.

The information sought by NIRS, is not, to the best of our knowledge, in the public domain.

The general public has displayed great interest in the circumstances surrounding the licensing of this proposed facility.

It has been the topic of discussion in the House Interior Sub-Committee on Energy and the Environment and has been the subject of several network news stories in Shreiveport and New Orleans, Louisiana. as well as several local and regional newspaper stories. Concerned citizens have formed an organization to look at the imact of the proposed plant on their community.

The requested information will certainly increase the public's understanding of the government's licensing of nuclear facilities and the impact that a facility may have on their community.

The information NIRS hopes to receive will be made available to the citizens of the proposed site and will be the subject of an article in the Nuclear Monitor.

The proposed Urenco Facility has already been the subject of an article in the Monitor and will also be covered in the up coming issue of Groundswell.

NIRS has demonstrated its ability and commitment to inform the public on all important nuclear issues.

NIRS regularly publishes two journals for which this information will be of use,:

the Nuclear Monitor and Groundswell _.

Since 1978, NIRS has been providing information on nuclear issues to the public, the press, members of Congress, state and local government officials as well as hundreds of citizens groups across the country.

NIRS provides this information free of charge and has neither a commercial nor a private interest in the agency records sought.

Under the amended fee waiver standard, NIRS is clearly entitled to a full waiver of all search, review and duplication fees.

This standard calls for such a waiver, "if disclosure of the information is in the public interest because it is likely to contribute significantly to the public understanding of the operation or activities of the government and is not primarily in the commercial interest of the requester." 5 U.S.C. 552 (a)

(4)

.(A) (iii).

In light of the foregoing, NIRS' request meets this standard on its face.

NIRS has no commercial interest in this matter, but rather seeks this information to help the general public better

. understand the role of government in regulating the nuclear industry.

For all the reasons cited above, NIRS' request falls squarely within the congressional intent in enacting the Freedom of Information Act and the fee waiver provision.

We, therefore, ask that the Commission grant a full waiver for this FOIA request.

Thank you for your anticipated cooperation.

If you have any questions in regards to this request, please feel-free to contact me.

Sincerely,

/

ames P. Riccio L

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r POLICY ISSUE March 16, 1990 (Inform 8tlOn)

SECY-90-097 4

For:

The Commissioners From:

James M. Taylor Executive Director y

for Operations j

Subject:

SAFEGUARDS REQUIREMENTS APPLICABLE TO URAltlUM ENRICHMENT FACILITIES LICENSED BY THE NUCLEAR REGULATORY CClHISS10N 1

Purpose:

To advise the Commission of the preliminary safeguards guidance that staff is transmitting to Louisiana Energy Services (LES).

Background:

In SECY 89-191, staff noted that it inter.ded to initiate developrnent of requirements and guidance for nuclear traterial control and accounting (MC&A) for licensed enrichment activi-ties.

LES has requesteo guidance, at this time, tc assist it in preparing the safeguards aspects of its initial license application.

With respect to current safeguards regulatory requirefrents that would be applicable to licensed enrichment plants, staff has concluded that:

(1) The physical security recuirements within 10 CFR Section 73.67 that pertain to fixed sites possessing special nuclear material of low strategic significance would be applicable (as written) to any enrichment plant producing such material.

(2) However, the MC8A regulations for special nuclear material of low strategic significance, contained in 10 CFR Section 74.31, specifically exempt enrichment facilities from their coverage, and no other MC&A regula-tions (other than minor record-keeping and reporting ~

requirements) are applicable to enrichment plants.

NOTE:

TO BE MADE PUBLICLY AVAILABLE Cent'a c ts

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-The Commissioners'.

As a result of (2), above, staff has identified the need to-develop an MC&A rule change that would cover MC&A enricheent operations and has initiated a contract with Martin Marietta Energy Systems to provide technical assistance in this regard.

Martin Marietta is highly regarded for providing technical support to_IAEA safeguards programs dealing with enrichment.

Based on an initial technical report from Martin Marietta, staff has developed proposed general performance objectives (Enclosure 1) and an initial list of program elements that would be considered for i

inclusion in the proposed rule change (Enclosure 2).

Staff will transmit this information to LES with a clear statement that it is preliminary and subject to change.

In addition to providing LES with advance safeguards guidance, staff has reprogrammed and assigned resources to compress the normal two year rulemaking cycle from 24 to.15 months. This action will assure that LES has sufficient time to oevelop a i

fundamental nuclear material control plan and incorporate the measures into the initial plant design. Accordingly, staff-intends to have a proposed rule for Commission consideration.by July of this year.

Cooroination:

The.0ffice of General Counsel has no legal objections.

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fecutive rector for Operations i

Enclosures:

1.

Proposed General Performance Objectives 2.

Initial Program Elements DISTRIBUTIC>N:

Clormnissioners OGC OIG GPA REGIONAL OFFICES EDO ACRS ACNW ASLBP ASLAP

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PROPOSED GENERAL-PERFORKANCE OBJECTIVES c

A Material Control,and Accounting (hC&A) system to achieve the following performance objectives:

(a) Confirm the presence of special nuclear material (Slim) and source material (SM);

(b)

Deter and detect unauthorized production of enriched uranium above the maximum enrichment authorized by license; (c) Resolve indications of unauthorized production of enriched uranium above the maximum authorized enrichment and also of missing SM or SNM; and (d) Aid in the investigation of unauthorized enrichment activities or of missing SM or SNM and aid in the recovery of missing SM or SNM.

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ENCLOSURE 1

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_ INITIAL PROGRAM ELEMENTS 10R MATERIAL CONTROL AND ACCOUNTING (MCEA) SYSTEM CAPABillTIES FOR ENRICHMENT FACILITIES FRC00CING LOW ENRICHED ORINIUM

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(<10 PERCENT U-235)

(a) An MC&A management structure which (1) assures clear overall responsibility for MCSA fanctions; (ii) is independent from production responsibilities; (iii) maintains separation of key MC&A responsibilities; and (iv) maintains adequate review and the use of written MC&A critical procedures.

(b) A system of measurements which assures that all quantities of Source Material (SM) and Special Nuclear Material (SNM) in the accounting records are cerived from measured values.

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(c) A measurnent control program which assures that measurenent bias is estimated and the effects of statistically significant biases are eliminated frc.m inventory difference values of record.

(d) The controlling of total MC&A measurement uncertainty during each annual inventory period.

(c) A program (independent of production responsibilities) for verifying that

-uranium is not being enriched in an unauthorized manner (to U-235 enrich-ment levels in excess of that authorized by license), which includes an acequate review of process control data and process operations.

(f) The conducting of dynamic (non-shutdown) physical it,ventories at periodic intervals for in-process inventory (within the enrichment system), and the conducting of static physical inventories for the " rest of plant" materials for both uranium-element and U-235 isotope contained in both SM and SNM.

(g) An item-monitoring program that will provide current knowledge of items (with respect to Identity, uranium element and U-235 quantities, and location) for certain individual items.

(h) A methodology, documented by written procedures, that is maintainea and used for identifying, reporting, investigating and resolving indications of missing S.M or SNM.

(1) The determination, review and evaluation of shipper-receiver differences for all SM and SNM received on an indiviaual container or lot basis, as appropriate.

(j) The execution of appropriate investigative and corrective actions to reconcile shipper-receiver differences (for uranium element and/or U-235 isotope) that are statistically significant.

(k) A program for independent review.and assessment (by individuals outside' the MC&A organization) of the effectiveness of the MC8A system.

(1) A record-keeping system which establishes and maintains recorcs that clearly cemonstrate compliance.

ENCLOSURE 2