ML20126E073

Further Response to 840829 FOIA Request for Nine Categories of Documents Concerning U Mill Tailings Regulations. Documents Listed in App K Completely Withheld

ML20126E073
Person / Time
Issue date:	03/27/1985
From:	Felton J NRC OFFICE OF ADMINISTRATION (ADM)
To:	Berick D ENVIRONMENTAL POLICY INSTITUTE
References
FOIA-84-709 NUDOCS 8506150286
Download: ML20126E073 (3)

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NUCLEAR REGULATORY COMMISSION d

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MAR 2 71985 Mr. David Berick, Director Nuclear Waste and Safety Project IN RESPONSE REFER i

Environmental Policy Institute TO F01A-84-709 218 D Street, SE Washington, DC 20003

Dear Mr. Berick:

This is in further response to your letter dated August 29, 1984, in which you requested, pursuant to the Freedom of Information Act (F0IA),

nine categories of documents concerning uranium mill tailings regula-tions.

The ten documents listed on Appendix K are being withheld in their entirety pursuant to Exemption (5) of the F0IA (5 U.S.C. 552(b)(5)) and 10 CFR 9.5(a)(5) of the Comission's regulations.

Documents 1, 2, and 3 are draft memoranda containing predecisional advice, opinions, and recomendations between the Comissioners con-cerning the mill tailings implementation and enforcement policy.

Documents 4 through 8 contain the predecisional legal advice, opinions, and recommendations of the Office of General Counsel for the Comissioners or their assistants concerning the proposed uranium mill tailings regu-lations.

Documents 9 and 10 contain the predecisional advice, opinions, and recomendations of members of the Chairman's staff to the Chairman and the Chairman's handwritten coments on the proposed regulations.

Because these documents reflect the predecisional process of the agency, the documents are exempt from mandatory disclosure. Release of these documents would tend to inhibit the open and frank exchange of ideas essential to the deliberative process. These documents do not contain l

any reasonably segregable factual portions.

Pursuant to 10 CFR 9.15 of the Commission's regulations, it has been determined that the information withheld is exempt from production or disclosure and that its production or disclosure is contrary to the public interest. The person responsible for the denial of documents 1, 2, 3, 9, and 10 is John C. Hoyle, Assistant Secretary of the Comission.

The person responsible for the denial of documents 4 through 8 is James A. Fitzgerald, Assistant General Counsel.

These denials may be appealed to the Comission within 30 days from the receipt of this letter. Any such appeal must be in writing, addressed to the Secretary of the Comission, U.S. Nuclear Regulatory Comission, Washington, DC 20555, and should clearly state on the envelope and in the letter that it is an " Appeal from an Initial F0IA Decision."

i 5061 g 6 850327 BERICM84-709 PDR

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Mr. David Berick, Director 2

The search for additional documents subject to your request is continuing.

We will notify you as soon as our effort is completed.

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Sincerely, J. M. Felton, Director Division of Rules and Records Office of Administration

Enclosures:

As stated

l FOIA-84-709 Appendix K 1.

Undated.

Draft memo.from N. J. Palladino to Cmrs, " Proposed Amendments to Uranium Mill Tailings Regulations and Advance Notice of Proposed Rulemaking" (2 pages) 2.

Undated Draft memo from N. J. Palladino to J. K. Asselstine,

" Revised Mill Tailings Implementation-'and Enforcement i

Policy" (1 page) i 3.

Undated Draft memos (3) with handwritten notes from N. J.

Palladino to Cmrs., " Proposed Amendments to Uranium Mill Tailings Regulations and Advance Notice of Proposed Rulemaking" (5 pages) 4.

5/16/83 Memo from S. Trubatch to Cmr. Assts., " Uranium Mill pages) pension of Selected Tailings Regulations: Proposed sus Provisions (SECY-83-172)" (3 5.

3/14/84 Memo from M. Malsch to Cmrs., " Proposed Amendments to Uranium Mill Tailings Regulations (SECY-83-523 and

-523A)" (5 pages) 6.

4/6/84 Memo from S. Trubatch to Cmr. Assts, " Uranium Mill Tailings (SECY-83-540),"(2 pages) with undated memo from M. Malsch to Cmrs., " Staff Requirements Memo on SECY-83-450" (50 pages) 7.-

4/23/84 Memo from S. Trubatch to Cmr. Assts., "NRC Enforcement of EPA's Uranium Mill Tailings Standards" (5 pages) 8.

5/1/84 Memo from S. Trubatch to Cmr. Assts., "NRC Enforcement of EPA's Uranium Mill Tailings Standards" (5 pages) 9.

7/3/84-Unsigned memo from D. Garner to N. J. Palladino, "SECY-83-523/523A - Uranium Mill Tailings," with handwritten notes of N. J. Palladino (2 pages)

10. 8/6/84 Note from N. Haller to N. J. Palladino, "Re: Uranium Mill Tailings" (2 pages)

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-f,W,N V I R @ N M E N T A L P O L l e v I N S T,I T U T E August 29, 1984 FREEDOM OF MFORMAT10N Diractor Office of A6 ministration ACT SIEQUEST D.S. Buclear Regulatory Commission A of Washington, DC 20555 Y F-elff free $om 31 Jnformatinn &g1 Esquent

Dear Director,

This is a Preedom of Information Act request by the Environmental Policy Institute pursuant to 5 0.8.C. 552.

The Environmental Policy Institute requests the following information and documents:

1)

All vote sheets, instructions to staf f, policy and 1

implementation statements, decision documents, corrections, editorial changes, substantive revisions, and all other documentation considered or approved or transmitted by any Commissioner in his consideration of, or by the Commission in its consideration of, SECY-83-523/523 A-

• Proposed Amendments to Branium Bill Tailings Regulations and Advance Motice of Proposed Rulemaking* and/or the proposed rules.

2)

All memoranda, directions to staff, revisions, editorial or other corrections transmitted by any Commissioner, the Commission, or any office of the Comaission including the office of the Secretary and the Of fice of General Counsel to the ERC staff related to, or requesting revision of SBCY-83-523/523A or the proposed revisions to the Commission's eranium mill taillags regulations discussed in SECY-83-523/523A.

3)

The July 10, 1984 memorandum from Samuel J. Chilk to William J. Dircks transmitting the Commission's approved course of action regarding SECY-83-523/523A and revision of the Commission's uranium mill tailings regulations, and all subsequent communications from any Commissioner or any Office of the Commission including the Office of General Counsel and the Of fice of the Secretary related to, or modifying, or amending, this memorandum and the approved course of action described in the memorandum.

4)

Any and all revisions of the proposed uranium mill tailings regulations and policy and implementation statements related thereto developed in response to the approved course of action described in the July 10, 1984 memorandum or subsequent directive from the Commission or any Commissioner prepared by the < << -q WRC staff or any Office of the Commission including the Office of General Counsel related to the revision of the Commission's 4.1 I

Sta n hwi. 5.E. Washinaion, D.C. 20003 002) 544-2600

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N arinnium Dill telliogs regulations and related policy and i

Amplementation statements.

All comaanications, invoices, manifests from the teclear 5)

Regulatory Commission transmitting the proposed revisions of the Commission's uranina mill tallings regulations and related polley and laplementation statements to the Office of the Federal i

Register for subsegment publication including all motices and letters to the public, interested parties, and members of congress announcing this action.

All communications, invoices, manifests from the nuclear i

5)

Regulatory Commission to the Office of the Federal Register requesting suspension of publication of the Cossission's proposed revisions of its.arantes mill tallings regulstions and related policy and implementation statements and any communications irom i

the Commission or any Office of the Commission announcing this i

action.

All communications f rom the Commission, the Chairman, or l

7) any other Commissioner or Office of the Commission incle61ag the Of fice of General Counsel concerning the decision to suspend i

publication of the proposed revisions of the Commission's eranium mill tailings reguistions and related policy and implementation j

l statements.

All meeting minutes and communications from the Commission, i

8) the Chairman, the Of fice of General Counsel, the Of fice of the j

f rom any Commissioner concerning revision, Secretary or modification, continued suspension, reconsideration and any other action related to the suspended revisions of the Commission's eranium mill tailings regulations and related policy and implementation statements including minutes from the August 1, 1984 meeting of Commissioners Berathal, Palladino, and i

Asselstine. These communications abould include the August 3, 1984 meno from Chairman Palladino to the other Commissioners explaining his vote and anderstanding of the Commission's course of action taken spon consideration of SECY-83-523/523A.

9)

All entries in phone logs, meeting logs, correspondence logs, and visitor logs of the Commission or any Commissioner related to the commission's consideration of SECY-83-523/523A and the proposed revisions of the Commission's aranium mill tailings regulations, the subsequent decision to publish the proposed implementation statements revisions and related policy and entries, and the subsequent decision to suspend publication including contacts from congressional staf f and members of F

congress.

The Environmental Policy Institute is a non-profit, tas exempt public interest organisation located in the District of Columbia. The Institate has monitored and participated in the l

Commission's development of aranium mill tailings regulations and j

implementation of the grani 2n Bill Tailings Radiation Control Act

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of 1978 and subsequent amendments since 1978.

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1 The information the Institute hereby teaments will be used esclusively in the public interest to esente het the Commission complies with P.L.95-504 and P.S.97-415 requiring it to promulgate regulations to protect public health and safety and the environment irom the the basaros of aranium mill tailings in a timely manner.

The Institute therefore requests a waiver of fees under 5 D.S.C.

552(a)(4) (A).

Re

fally, 1

seriet Director, Buclear Waste and Safety Project j

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