ML20126K478
| ML20126K478 | |
| Person / Time | |
|---|---|
| Issue date: | 07/02/1992 |
| From: | Grimsley D NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Houck J ATOMS & WASTE |
| Shared Package | |
| ML20126K483 | List: |
| References | |
| FOIA-91-561 NUDOCS 9301070144 | |
| Download: ML20126K478 (2) | |
Text
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%*.../ JUL 2 1992 Mr. J. K. Houck, Editor Atoms & Waste 310 Domer Street, #1 IN RESPONSE REFER Takoma Park, MD 20912 TO FOIA-91-561
Dear Mr. Houck:
I am responding to your letter dated June 3, 1992 and to the May 5, 1992, letter from Ms. Jane M. Greenwalt, Department of Energy, Oak Ridge National Laboratory (DOE /ORNL) . Both of these lettern portain to that portion of your Froodom of Information Act (FOIA) request for copies of the licenseos' responses to the protest questionnaire on the National Profile on Mixed Waste.
Enclosed are copies of an August 7, 1991, letter to the NRC licensees, et al., concerning the quantionnaire; and a December 6, 1991, letter to DOE with attachments concerning the standard It states on page 2 of the August 7, 1991, order for DOE Work.
letter that--
Survey responsen will be submitted to and retained by ORNL. Survey results will be provided to NRC and EPA, stripped of any facility identification.
I It states on page 3 of the December 6, 1991, letter that--
Participants will be offered the greatest degree of confidentiality possible.... Unless a future t
development, involving the protection of the public health and safety and the environment, warrants the release of the names of the survey respondents, the performing organization (ORl3L) will not provide NRC or EPA any information on the identity of any licensees contacted in relation to this project. Except as outlined above, data-and results from the. survey will only be provided to NRC, EPA or other groups or individuals, as approved in writing by the HMSS PM, in an aggregated format, stripped of any specific licensee identifiers.
The FOIA applies only to records maintained by agencies within the executive branch of the Federal Government. The Supreme Court has articulated a basic, two-part test for determining what constitutes an " agency record" under FOIA: " Agency records" are documents which must be (1) either created or obtained by an agency, and (2) under agency control et the time of the-FOIA 9301070144 920603 PDR FOIA
-HOUCK91-561 PDR ,
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i i i i Mr. J. K. Ilouck ~2-request. Soo Rgpartment of Junlico v. Tax Analysts,-492 U.S.
136, 144-45 (1989). Also, NRC regulations, 10 CFR 9.13, defino-agency record as
...a record in the posscanion and control of the NRC that is associated with Government businoas. Aconey record does not include records such as- ...(2) Records solely in the possession and control of NRC contractors;.... (emphasis added)
As indicated in the above letters, NRC did not intend to take possession of the licenscos' responsos, and as a matter of-fact, does not possess the responses. The records you sock are solely in the possession of ORNL. Thorofore, the licensoos' responses do not constitute agency records in accordanco with-the definition in 10 CFR 9.13 and the FOIA does not apply to them..
If you have any questions, please tolophone-mo at 301-492-7211.
Sincoroly, h>w a /b/kund9 Donnie 11. Grimsley, Director Division of Froodom of Information and Publications Services -
Office of Administration-Enclosurest
- 1) 8/7/91 letter
- 2) 12/6/91 letter i
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