ML20056A777
| ML20056A777 | |
| Person / Time | |
|---|---|
| Issue date: | 08/02/1990 |
| From: | Philips J NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Riccio J NUCLEAR INFORMATION & RESOURCE SERVICE |
| Shared Package | |
| ML20055C474 | List: |
| References | |
| FOIA-90-220 NUDOCS 9008090186 | |
| Download: ML20056A777 (5) | |
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U.S. NUCLEAR RE0VLA10RY COMMISSION hs4 'o a n out 61 kWen Si-3 FOIA -- 7O._ 2M l
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RESPONSE TO FREEDOM OF
.. JP INFORMATION ACT (FOIA) REQUEST
\\,ee.e AUG - 21990 w s,, _,, a.._ e_ r sL_
PART I.- AGENCY RECORDS RELEASLO OR NOT LOCATED (See checked boness No agency reco'ds subject to the foQuest have been IOCated.
No additional agency records subject to the request have been located Reqvested records are available through another pubhc destribution prog'am See Comments Secten Agency reco<ds subect to the sequest that s'e identAed on Append.afest see already ovailable for put4 espection and tocimg in the 3
NRC Public Document Room 2120 L Stepet. N W., WesNngton. DC 20%5 p
Agency records suts ct to the eequest that a e de t.f.e6 on Append s'est M
see beme made avaaable foe put4 espect.on and copr g m the e
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)( NRC eobi.c ooeomeni Room. air 0 t si.eet. N W~ wasNngwn. oC.n a fowe, onde, ih.s toiA no%e, and.eavesie, name The nonproprietary version of the ptoposaltst that you apeed to accept ar a te'ephone conveetaten with a member of my steH is non teing made avadable for public orspecten and coppng at the NRC Pwolic Document Room 2120 t Stu it. N W, Washmeton. DC. m a foldet unde. this FOIA **,mber aw eessesier r.ams Agency esco<ds subs ct to the reevest that s'e dentified on Append a est may be it'spected and c co.ed at the NRC Loca' Pvb8ec Docwment Roo" de9tif,ec e
m the Commer16 Section Enclosed is mfoemation on how you may obtain access to and the, ha'ges fue copymg records placed in the NRC Public Document Room. 2170 L Steeet. N A.
Washegion. OC.
Agency records sub ect to the requete s'e enclosed
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R.co,es see,eci io ihe,eavesi have been re e. ed io'aeYe, rede...gencyi.co fo, re,'e. an6.en,esponse io voo v
You wiB be billed by the NRC for fees totaling i in v4w of NRC's response to this req.,.est. no f urthee action.s bemg ta 1en on appeal letter dated No PART p. A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Certae intoemat.on m the reovested 'ecords is bemg *ithheio f>om outdic d scictu e ov swant to the e semptions desenbed in ano toi i*e.easoes staied e Pan ti r
e sections 8, C. and 0 Any released portions o' the docu~ents f oe *Nch ont, pa't of the seco*d is bems **ibbeid are be ng e ade o.ae t e f oe oublic inspecte and s
copying m the NRC Public Document Room. 2120 L St'eet. N W. Wa Nngton. DC m a folde' u de' this f oi A numbe' and neoweste name n
CCMMENTS i
SIGNATURE.
EC R.blSiO F FREEDOM OF INFORMATION AND PUBLICATIONS $ERVICES 3
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9000090186 900002 y
I FOIA -$224 oATE-FRIEDOM OF INFORMATION ACT RESPONSE F riA NUMBER $ri-k-RT 11 B-APPLICABLE EXEMPTIOlvs l
Records sub ect to the request that are described on the enclosed Apoendistes)
_are being withheld in their entirety or in part under the f
(nemptions and for the reasons set forth below pursuant to S U.S C. St 2M and 10 CFR 9.17tal of NRC Regulations.
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- 1. The withheld information is property classified pursuant to Executive Oider (EXEMPilON 11
- 2. The withheld mformation relates solely to the mternal personnel rules and procedures of NRC. (EXEMPTION 21
- 3. The withheid mformation is specifically esempted frorn pubtee disclosure by statute mdicated. (EXEMPTION 31 Sections 141-148; of the Atomic Energy Act which prohibits the disclosure of Restncted Data os Formerly Restucted Data 142 U S C 2161'a1651 Secten 147 of the Atomic Energy Act which prohitats the disclosuee of Unclassified Safeguards informaten f 42 U S C 21t 71
- 4. The withheld mformation is a trade secret u ommercial or financial information that is being withheld for the reason (s) moscated- (EXEM ' TION di The mlormation is consiuered to be conhdential business fproprietaryl mformation.
The information is considered to be proprietary mformation pursuani to 10 CFR 2.790tdif t) l The info 'ation was submitted and received in conhdence pursuant to 10 CFR 2 790tdH2n
- 5. The withha
.formaton consists of mteragerscv or intraegency records that are not avadable throtgh discover, du irg littgation IE)EMPTION 61 Applicable PrMiege.
r Deliberative Pixess Disclosure of predecisional mformation would tend to inhibit the ooen and frank enchange of ideas essential to the deliberatne proces!
Where records are withheld in their entirety. the f acts are mentricably entertwined with tt'e predecisionai mf ormation. There also are no reasonably segregable ft:tusi i
portions because the release of the f acts would permit an mdirect mouiry into the predecisior# process of the agency j
b Attorney work product povdege (Documents prepaeed by an attorney m contemplation el htigatiori )
Attomey - cient p%iege (Confidenbas communications between an attomey and his her client i i
- 6. The withhew mformatoa is surr'pted fiom public disciosure because its disclosure would resutt m a clear, unwananted mvas on of personat pnvacy, It xtMPTION 65 e
- 7. The withheld information Consists of re'ords Compiled for law enforcement purposes and is being withheld for the reason (s) mdicated IEXEMPTION 7
) Disclosu e cou4d reasonably tse enpected to mterfere with an enf orcement proccarding because it could reveal the scope direction and focus of en-r forcement efforts and thus could possituy a low them to take act on to shiefd potentiaiwrongoomg or a violation of NRC requ.rements from mveshgators r
E XE MPTION 7. Ai-Disclosure would constitute an unwarranted mvasion of personst pnvecy (EXEMPTION 7tCil The inf ormatioe cus'sts os names of individurs and other mformation the disclosuee of which could reasonably be emoected to reveal identities of confidential sources <E REMPTION 71011 Other PART lt C-DENYING OFFICIALS Pursuant to 10 CFR 9 25(b> and or 9 25 tcl of the U S Nuclear Regulatory Commission regulat ons. it has been determer.ed that the mf oemation withheid is esemr i
from producten or disclosu e and that its production or disclosure is contra *y to thw pubiic mterest The persons responsible for the denial are those officials identif e:
r be6ow as rienong othcia s and ine Director. Division of Freedom of information and Publecations Seruces Of fice of Admmistration and Resources Management for 45 denials that may be appered to the Enecutive Directoe for Operatior s IEDOl DENYING OFFICIAL TITLE / OFFICE RECORDS DENIED APPELLATE OFFICIA.
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1 PART 11. D-APPEAL RIGHTS 7
The denial by each denyng official identified m Part ll.C may be appealed to the Appeltate Of ficial identified in that section Any such appeal must be m wntmg and must i
be made withe 30 days of receipt of this response. Appeals must be addressed as appropriate to the Executive Director for Operatons or to the Secretary of the Commission.
i U S Nuclear Regu8 story Cornmisson. Washington, DC 20555. and should clearty state on the envelope and in the letter that it is an " Appeal from an initial FOIA Decisenf NRC FOW 464 (Pan 2' U.S. NUCLEAR REGULATORY COMMISSION FOIA RESPONSE CONTINUATION
9 e
n Nuclear Information and Resource Service 142416th Sueet, N.W., Suite 601, Washington, D.C. 20036 (202) 328-0002 FREED 3M OF IHFORMAil0N ACT REQUEST May 7, 1990 W'
Mr. Donnie H. Grimsley Division of Rules and Records
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Office of Administration and Resources Management U.S. Nuclear Regulatory Commission Washington, D.C.-
20555 FREEDOM 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, meeting notes, meeting minutes, working papers, graphs, charts, diagrams, notes and summaries of.
conversations and interviews, computer records and any other form of written' communications including internal NRC memoranda.
Pursuant to and in _ compliance with 10 - C.F.R.
9.41 of the Commission's regulations governing requests for waiver of fees, the Nuclear Information and Resource Service, herein after referred to 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._
47lp:/G a m to a souns non.n,.aen eneroucy 1
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1 NIRS intends to use the l'nformation 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 Prooressive, N_uclear Times, N_ewsday 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 :icensing 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 l
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 l
information NIRS hopes to receive-will be made available to the l
citizens of the proposed site and.will be the subject of an article
-in the Nuclear Monitor.
The proposed Urenco Fe.ility has already l
been the subject of an article in the Monitor Ond will also be covered in the up coming issue of Groundswell.
l NIRS has demonstrated its ability and commitment to inform the public on all important nuclear issues. :NIRS regul0rly 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 acrce: ths 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 l
on its face.
NIRS has no commercial interest in this matter, but rather seeks this information to help the general public better l
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 i
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 i
me.
l Sincerely,
/
ames P. Riccio l
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FOIA-90-220 APPENDIX I RECORDS BEING PLACED_INTO THE PDR UiDER THE ABOVE REQUEST NUMBEB NUMBER DATE DESCRIPTION 1.
1/16/90 FAX with two enclosures (4 pages)
(SECOND ENCLOSURE IS THE SAME AS C/1) 2.-
2/15/90 FAX with two enclosures (4 pages) 3.-
3/6/90 Witness List for U.S. House of Representatives Committee on Interior and Insular Affairs, Subcommittee on Energy and the Environment, Oversight Hearing on Licensing Uranium Enrichment-Plants (1 page) 4.
3/6/90 Testimony of Senator J.'Bennett Johnston Before the Subcommittee on Energy and-the Environment of the House Interior and Insular Affairs Committee with enclosures-(21 pages) 5.
3/6/90 Statement of William H. Young, Assistant Secretary for Nuclear Energy, U.S.-
Department of Energy, Before the Subcommittee on Energy and the Environment,-Committee on Interior and
-Insular Affairs, U.S. House of Representatives (10 pages) 6.
Undated Testimony by Robert M. Bernero, Director, Office of Nuclear Material-~
Safety and Safeguards, U.S. Nuclear Regulatory Commission, Before tne Subcommittee on Energy and.the-Environment, Committee on Interior and Insular Affairs (13 pages) 7.
Undated Responses to Questions on Uranium i
Enrichment Facilitics (14 pages) 8.
3/6/90 Testimony of W. Howard Arnold, President,. Louisiana Energy Services, Hearings before the House Committee.on Interior and Insular-Affairs.(8 rages)
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FOIA-90-220 l
APPENDIX I RECORDS BEING PLACED INTO THE PDR UNDER THE ABOVE REQUEST NUMBER HU11HEB DATE DESCRIPTION I
9.
3/6/90 Before the United States House of Representatives, Interior and Insular Affairs Committee, Energy and Environment Subcommittee, Testimony on behalf af The National Taxpayers Union by Charles H. Montange, Counsel in connection with Oversight Hearing on Licensing of Uranium Enrichment Facilities (6 pages) 10.
3/6/90 Statement of Bill Magavern, Staff Attorney, U.S. Public Interest Research Group, Regarding the LicenPing of Uranium Enrichment Facilities, Before the Energy and Environment Subcommittee of the House Interior Committee, the Honorable Morris-Udall, Chairman (6 pages) 11.
3/6/90 Statement of Toney Johnson, Citizens Against Nu': lear Trash, Clairborne Parish, Louisiana'to the House Interior-Subcommittee on Energy and the Environment (7 pages)
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Ret FOIA-90-220 i
APPENDII J RECORDS PARTIALLY WITHHELD NUMBER DATA pBSCRIPTION & EXEMPTION 1.
5/1/90 Letter to C.
Haughney from P. G.
LeRoy (2 pages) RELEASED with enclosed t
Affidavit of P. G. Leroy-(3 pages)
RELEASED with enclosed selected pages from the Agreement of Limited Partnership of '_euisiana Energy Services, L.P.
(65 pages) EX. 4 P
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