ML20126C715

Final Response to FOIA Request.App I Document Withheld in Entirety (Ref FOIA Exemption 5)

ML20126C715
Person / Time
Issue date:	06/25/1992
From:	Harris C NRC OFFICE OF ADMINISTRATION (ADM)
To:	Facaros N AFFILIATION NOT ASSIGNED
References
FOIA-92-174 NUDOCS 9212230185
Download: ML20126C715 (3)

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T '4 RESPONSE TO FREEDOM OF 56

))Tmt INFORMATION ACT (FOIA) REQUEST o* H JUN 2 51992

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84 0Vf t,t l R Nickolas Facaros PART j - AGENCY HICORDS Rf L L ASED OH NOT LOC AT E D (5n uw A co boars!

No ay"Ky ret onts suNett to the reqw.' bave bece loc ated No adational egerx y 'N ordi subiett to the request br.e be* n imated Req,ested enords are evadable through another puboc (testribution ororam. See Commen's section.

Agency inords tutovct to the rtquest that are toentif.ed in Appmha tes).

are a' wad y a+lah!c f or pubbr inspM tion ami c opong at the N RC Puhnc Document Hoom. 7 t?O L St cet, N W, Washint on. DC.

Agerx y rnords subst to the request that are kietif md in Appendules) are bemy made andab'e for pub! c irapection and t ooying et the NHC Pubhc Document Hoom, 2170 L Street N W. Washmgton, DC. in a fo. der under this F OI A number.

1be nonprope,etary verton of the propoMsl that you oped to ao.ept in a telephone ennwnabon eth a member of my stMf is now bemg fnade aw!able for pubhc mspecton and coppng at tht N HC Pulhc Document Hoom 2120 L Street. N W Waihmaton, DC, m a folder under tNs FO! A number.

Apoc y records subject to the toNest that arc iderti%d in Append deC_.. nwy be inspet ted and (opel at the N RC Loul Pubhc Doc.ument Room identibed in the Comments section.

i n(kned is mf armation on how you ma y obtam a a em to ar.d tr e c harty s for c.opriei i records located t the hiHC Pubhc Docu T ent Huom,7120 L Street, NW. Washagon DC Ard:e e set ords subjn f to the rmpest a<v endows Heronn totdet t to the request have been re' erred tn another f er!" al enc vh"si for recew and dant responw to you fees You will be inhed t'y the NRC for fees tota-wg 5_

You wdi enewe a ref und hom the N A C m t'e amount of 5 _._,__

in een of N HC s rewonse to 1% rtque,t no furthe ocbon is be n a to en onopera' triter dated

__.No PART II A-lNiOftMATION WlIHHELD F HOM PubtlC DISCLOSURE Certa'n infonnation in tr4 rNueued recorm n twm a w ohheu ' rom pabhc dwowre pursuet to the ew' rtions Omribest m and for it'e reawns status in Part li H C. and D Any released portions of t9 documents it.e which only part of the recont a teg mthheid are t.emg marie avadable for pubh:

intp6ClmOn $nd Copy mQ m the NHC Iwbbt DO(umet R(.om, ?)20 t Street, N W, Wehagon, DC in a fohler omic tvs F Ot A number COMME N TS This completes NRC's action on your FOIA request.

921223010S 92062S PDR FOIA FACAROS92-174 PDR l

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.INFORMATION ACT (FOlA) REQUEST-FOIA 174 M 25 W (CONTINUATION)

PAFli ti.B-APPLICABL E EXEMPTIONS Records subject to the request that are described in the enc 1rned Appendiales) are being withheld in their entitety or in part under the Exemption No.h) and for the reason (s) given below pursuant to 5 U.S.C. $52(b) and 10 CF R 9.17(e) of NRC regulations.

1. The asthheld informahon is property class hed pursuant to Enocutive Order. (Enempt.on 1)

2. The withheld mformateon telates sole 6y to the waternal personnel rules and p*ocedures of NRC (E semption 21

3. The eithheid mformanon is spec.f.capy esempted from public d4ciosu e dv statute indica'ers (E memption 31 n

-s-ese-Sections 141146 of the Atomic E nergy Act, which prohibits the disclosure of Restricted Data or Formerly Bestricted Data (42 U.S.C. 2161-2165L

$$_i Section 147 of the Atomic Energy Act, which preherts the disclowe of Unclasofeed Sa'egua os information (42 U S C. 2167L

4. The mthhe6d mittmation es a trade secret or commercsal or hnancial intmmat'on that is be'ng n 6thheld for the reasontsl indicated. (Enempt on 4) b',

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The mformannn is cons.de'ed to t>e conodent<ar tusmess toromta'vi erf or ranon The mformaten is considered to te proenetary intoerrat,on pursant to 10 CF R ? 790wta ti m-The mfo<mabon was submitted and recewed m cunbdence rescant to 10 Cf R 2 790+21

1. t!* uwe', dsiN hhgat o#'

(Enempt on 6L AppbcatMe Pr<vilege y

b The wthheld eformai.on cons,sts of mteiagang o' mt'arjency rewds that ce ve a.avt-t "

ch4.,1 tw M.en an.1 tr ar 6 enchany of Kleas etWnt.ai try the q9eh!Tr at4We pf o(ess Deinberabve Process 04ctosure of predeciseonal phtmabon wou d irr i n

i Whe*e records a'e atthheld m their ent,f ett, the f acts are mentocaba, mte*t c. ^rd w'1" rhe precec'40'iai.t.f aerna90n The,e also are no,easo, abiy sejregable f actual y

porteons because the fetease of the f acts would permit an todect moA #ts t% reccaeon# p ei ess of the agency Attorney w r4 produc t pm ge tDm urntnu p'eramt 13 an.utn e r

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Attorney.cbent pnvilege. (Confidential commu ucat ons between an ettornev at his 'bes ci cet 1 r

6. The wthheid triformator' 4 e acmpted t'om pubuc disciowe Leuuse 'Is d sces se *wd W r a cidy unwa" anted miass ai pe'una; pnvary (Exemptron 6)

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Tne withheid mfomat>on cons.sts o records compaed for law enforceme~t rsemes and 6 be'ng *itmheid fo' the reasomst mdued (E xemption 7) r 7

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' Disclosure could reasonably be expected to mterfere mth an entoecemem pixced N taecause it couid revea: the scope direction. and focus of enfof cement 4? forts, and thus could possibly adow recip+nts to tak e action to & s'd potent.a woornyloing or a violation of NRC req #rements j from anvestigators (E nemption 7 @)I I Desclosure would corsshtute an unwananted invavon ci pe suna pr+acy (E memption 71CH A.

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The enf orma00n c ons sis of narnes et mewon vid mh." m'mman< r % d v, m p who nad re.nr.n mb tse est ec ted to eewe+ icesot;es of l

coWent ai sou ces. (Enemption 7 (DU r

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~PART11 C-DENYtNG OFFICIALS Pursoaat to 10 CF R 9 75irbo or 9 2Mc) of the U S Nuctw Rowator y Ccmm si c" P cN n has LWn delom ned that the mfmm4 bon mthheid a esempt hom pro-e 'st T he mens responttue for tbc den at are inose off4c.a s ident.' ed bee as deny ng duction er disc' owe, em that its producron or d wesee is contrary to the pubi c -

of f,c-a4 and the D rector. Pts on of Freenem of Informadon ami Pub:, cat cm seu ces.01 cv of Aim m st ahon, for any cesuals that may be appea:ed to the Executwe Daeetor for Operat.ons IEDO)

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RECORDS DENIFD APPELLATE OFFICIAL DENYING OFFICIAL TITLE:OmCE 5""^"

Assistant Secretary of the Appendh I X

John C. Hoyle Commission T

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PART IL D-APPEAL RIGHTS The den.ai by each denying off.cial ident:fied in Part ll.C may be appea'ed to the AppeHate Oft l cia! etent.f ed there, Any such appeal must be made m wnting ethm 30 days of of this response. Appeafs must be addressed, as sporopnate, to the Executive Dsrector for Operations, to the Secretary of the Commission, or to the inspector Genera R gulatory Commission.Washmgton, DC 70555. and should clearty state on the envelopo and in the letter that it is an " Appeal from an initief FOfA Deosion."

U.S. NUCLEAR REGULATORY COMMISSION NRC FORM 464 (Part 2) (191)

Re:- FOIA-92-174 APPENDIX 1 DOCUMENTS DEING WITilllELD IN TilEIR ENTIRETY HUMBER DATE DESCRIPTION 1.

05/23/88 SECY-88-144, subject: Final Environmental Impact Statement on Hanford Defense Wastes (23 pages)

Exemption 5

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April 2, _ 1992 Director-Division of Freedom of.Information and Publications ServiceL Office-of. Administration U.S. Nuclear Regulatory Commission

[ REED 6'd 0F INFORMADO Washington, D.C. 20555-ACT REQUEST Ret Freedom of Information Recuest g

Dear Director:

-Q2 Under the Freedom of Information Act, I hereby request that you send me within 10 working days copies of.the following-1 agency records:

1) The index listing each "Sec'y" by number, title, subject matter, date, etcetera, and whatever

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information is contained in the index, plus all records:

1 pertaining to -the decisionito make such documents compiled as of 1990 publicly available.

2) Sec'y 88-144.

3). All agency records (that I have notfpreviously received pursuant to-two earlier FOIA requests, copies 3

of which are enclosed,) relating 'to = the petition of d

Oregon and Washington - for' rulemaking on the 9

classification of high-level radioactive wastes at defense processing facilities ---.such records include,.

but.are not limited to,-the following:

y a) Pages:20 and 22 of-Dr. GeorgeLHinman's i

analysis _that-accompanies ' a memorandum dated Dec.-

12, 1990, from Jack-Scarborough to James Blaha.

The NRC previously sent.meia copy of Dr. Hinman's analysis, but those-two pages were mit ing.

Eb) The documents listed in theR attached copy of. Appendix _E;as being withheldE"in part" in response to FOIA-91-441. "The NRC'did notL

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send me:any of the; listed material that'was<

not withheld in part.

e c) The. reasonably segregable-portions of documents >11sted1in the attached copies off Appendices;E.and.F as being withheld or,='if:the.

exemptions _ claimed no_longerfapply_due to-a final decision on'the petition,.those. documents:in their entirety.

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p d-d) All records received by or produced within the NRC that were not previously released to me for whatever reason, including the reason that such records were received by or produced within the NRC subsequent to the time that documents were gathered in response to FOIA 91-441.

i Please note that no material responsive to this request may be lawfully withheld in whole or part without a _ determination 3fs0'.

that such material cannot be segregated into exempt and non-i exempt portions.

Please identify any material that you choose to withhold as well as the exemption claimed.

I request a waiver of all fees associated with your response to requests 2 and 3, based on the reasons given in the attached FOIA requests in response to the requirements of 10 i

C.F.R. section 9.41(b).

i As for the fees associated with your response to request 1, The Seamless Web is willing, if need be, to pay up to $100 for duplication costs, having made this request, as a representative of the news media and as a educational organization, for a noncommercial use, namely as a source of information for further environmental investigations worthy of publication.

I suspect that the records responsive to request 1 are less than 100 pages in length and, if such is the case, I submit that no fees may then be assessed, assuming no fees are assessed for the response to requests 2 and 3.

Please send the requested records to me at the following address: The Seamless Web, P.O. Box 5448, Eugene, OR 97405-0448.

In the meantime, if you have any questions, please call me at (503) 345-9907.

Thank you for your time, consideration, and prompt attention to this request.

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Yours truly, SOi W lY Nickolas Facaros

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Director Division of Freedom of Information and publications Services office of Administration U.S. Nuclear negulntory conmincion

$100M Of INFORMATION Washington, D.C.

20555

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' ACT REQUEST..

Freedon of Infornation.'%QU$.. v l. s

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This roIA request updatos.ono numbpred 91-131), a.copyJofjwh'Ich is u n-enclosed, along with the list}of matorial previotGly released.

Within 10 working days of receipt of this FOIA request, ploano send me copies of all records (regardless of their source) that were not previously released (because they were subsequently received or produced, or for any other reason) and that relate to the petition of Oregon and Washington, noted in the Federal Register on Dec. 17, 1990, for rulemaking on the clanuification of high-level radioactive wastos at DOE facilities.

I specifically request copics of (1) all additional comments submitted; (2) all additional records of discussions between HRC/ DOE staf f and the petitioners or anyone else; and (3) any other records (including press releases) relating to the petition.

In rer.ponding, please lodicate the statutory basis for any material deleted or record withhold.

I hereby petition for a waivor of all fees under 10 CFR section 9.41(b):

(1) The information will be used in on in-depth news story, on which work has already begun, based on records previously disclosed; (2) Each record will be fully and carefully analyzed, and the analysis will determine the extent of' extraction;-

(3) The records will be used for an investigative story to be republished by the media, and the requester is a writer for and the editor of an environmental newsletter called The Seamless Web, published by a nonprofit, tax-exempt, educational organization of the same name; (4) The public will develop an understanding of (a) the petition, (b) its purpose, (c) how the NRC publicizes petitions for rulemaking, (d) how the NHC ovaluates such petitions, (o) the significance of classifying radioactivo

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wastes as high-level or low-level, (f) the input that the NRC has received on the petition,'and (g) the ongoing nature of NRC's review of the petition; (5) The information is targeted to reach th'e millions.of people who read newspapers or news magazines ;11sted,tojjz public radio stations,, or watch news on TV;- N, &'fj,c,f. @@nt;l.;3('

Myt (6) The seamless web will publish the' story.and!

e,it's v-s availab'le for reprinting by other publicatiorihj['a W

o, broadcast news on radio.and TV;

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~.-l W Q Ji: 4 l ; e V l[ Q y,G' Q.f' %.,c.copyrlghted and. Nl. :?j ' f

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(7),The" story,will republication 'wlth( ip,per,'c'redit at no charge, and Tho' made ava

for}

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Seamless 'h'ebiUf11lb,,de,dt"to' the media for free; and "

t,. t (B) It's possible that th'c requester will win an award for.'

investigative erivironmental reporting.

Thank you for waiving fees in responding to the related request previously submitted.

I anticipate the same will hold true for this request.

If need be, The Seamless Web is willing to pay fees of up to $100 in duplication costs, but no amount for search costs.

This is a request for a noncommercial use by a representative of both the news media and an educational organization under section 501(c)(3) of the Internal Revenu'e Code.

Please send the records to me at P.O. Box 5448, Eugene, Oregon,

97405, Note the change of address.

If you have any questions, please call mn at (503) 345-9907.

Thank you, fili 4bb) kdcct34 Nickolas Facaros

Enclosures:

As stated

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Re : - FOIA-91-441' APPENDIX E' DOCUMENTS-BEING y,ITHHELD-IN PART HUMBER DATE DESCRIPTION 1.

07/23/91 Note from Joe Holonich to Ron Ballard

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and Margaret Feder11nef(1 page)_ with-attached memorandum dated 07/22/91 from Mel Silberberg to Joseph J.

Holonich (A page) _ enclosing draft Federal ~ Register notice of Denial of Petition (13 pages).

The draft Federal. Register notice is being withheld.

Exemption-5-(Deliberative Process).

2.

07/30/91 Hote from Margaret Federline to Joe Holonich.(1 page) with attached:

annotated memorandum dated 07/23/91 from Joe Holonich to Ron.Callard and: Margaret' Federline (1.page) and annotated note dated 08/02/91 from Ronald L.'Ballard to Joseph Holonich-(1 page) enclosing-annotated draft Federal _ Register notice of Denial of Petition (14 pages):

The' annotated memorandum from--Joe Holonich, annotated. note'-from' Ronald'L.

Dallard, and the enclosed annotated draft Federal-Register noticeLis being withheid.

Exemption 5 (Deliberative P'rocess)

T 3.

10/29/91 Memorandumifrom Mel Silberberg_to-List of_ Addressees-(1 page) enclosing revised draft'Federa11 Register notice-of denial' of' petition-(PPM-60-4)o(11 pages).

The revised draft Federal Register notice.is_being vithheld.

Exemption ~5 (Deliberative: Process)

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-Re:L_FOIA-91-441 APPENDIX F-

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DOCUMENTS-DEING WITilllELD IN TilEIR ENTIRETY DESCRIPTION NUMBER

.DATE__

1.

05/20/91 Note from B. J._Youngblood to-R.:

Bernero, net al_concerning Washington-petition-for rulemaking (3_pages).

Exemption 5;(Deliberative Process and Attorney-client-privilege) 2.

09/24/91 Annotated note from' Jim Wolf t.o'Haim-4 Tanious with attached draft Federal Register notice'(10 pages)

Exemption 5 (Deliberative'ProceaeJandi Attorney-client privilege)'

3.

10/24/91 Note from Phil Altomare to!Naim-Tanious and Jim Wolf, subjects Petition for__flLW-Definition (llanford); (1 page)

Exemption 5 (Deliberative Process) 4.

undated Draft Denial of Petition for Rulemaking

- Docket-Ho, PRM-GO-4 (5 pages)

Exemption 5-(Deliberative-Procesa)

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/'/rch 26, 1991 Director Information and Publications Service Division of Freedom of Office of Administration

[REE00M 0F INFORMATl04 U.S. Nuclear Regulatory Consission ACT REQUEST washington, D.C.

20555 M ' f / - /h A Freedom of Information Act Request C O 'di- /-v Re:

Dear Director:

Please send me within 10 working days of receipt of this request under the Freedom of Infornation Act all agencyrelati rulemaking on the classification of high-level radioactive records For Department of Energy facilitics.

wastes at U.S.

the petition is described in the i

identification purposcs, Federal Ecgister on pages $1732-73, and in December 17, 1990, cover Ictter to the petition.

(accompanying copy of the) the 1 specifically request copics of the following:

The initial submittal of a petition dated January 2, 1) 1990;

2) The notice of intent to petition, apparently dated November 17, 1989, and addressed to Chairman Carr; All comments submitted, whether f rom a public or private individual or a public or private entity, on the 3) petition for rulemaking;

4) All records of discussions (referred to in the letter to the petition) between NRC/ DOE attached cover staff and the petitioners;

5) Any other records (including press releases),

computerized, regardless of source or medium (paper, evaluating or otherwire relat etc.),

One I'm working _on a news story regarding the petition.this story is how the NRC aspect of (or potential sidebar to) responds to this request -- what is sent and how soon.

delete or withhold anything.

If you do, please explain the statutory basis of each deletion or withheld Please do not record.

for a waiver of all fees otherwise incurred I hereby petition under 10 C.F.R. S for the processing of this request

9. 41 (b) :

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(1) The information will be used for a news story;

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(2) Each record will be fully analyzed, and the analysis will determine the extent of extraction; j

The records will be used for an investigative story (3)

Lo be published by one or more newspapers, and the is the editor of an environmental journal requester called The Scamless Web and an accomplished writer competent in Icgal analysis; The public will develop an understanding of (a) the g

petition, (b) its purpose, (c) how the NRC publicizes (4)

(d) how the NRC cvaluates such petitions for rulemaking,the significance of classifying (c) petitions, and radioactive wastes as high-level or low-Icvol; The information is targeted to reach people who read (S) the circulation of which is estimated to newspapers, exceed 1 million; The Scamless Web will publish the story and make it (6) available for reprinting by other newspapers; The story will be copyrighted and made available for I

(7) reprinting in original form, with proper credit, at no and and The Scamless Web itself will be free;

charge, though not likely, that the requester It's possible, (8) an award for investigative environmental will win reporting.

Please send the records to me at P.O. box 1228, Eugene OR call me at (503) 345-9907.

97440. If you have any questions, f or your time and cooperation.

Thank you Sincerely, h Hu$4bb) (AlGTV)

Nickolas acaros l