ML20126M124

From kanterella
Jump to navigation Jump to search
Further Response to FOIA Request for Nine Categories of Documents Re U Mill Tailings Regulations.Portions of Apps D & E Documents Available in Pdr.Portion of App F Document & All App G Documents Withheld (Ref FOIA Exemption 5)
ML20126M124
Person / Time
Issue date: 03/08/1985
From: Felton J
NRC OFFICE OF ADMINISTRATION (ADM)
To: Berick D
ENVIRONMENTAL POLICY INSTITUTE
Shared Package
ML20126M127 List:
References
FOIA-84-709 NUDOCS 8506200241
Download: ML20126M124 (6)
v • d • e


Text

.

p c nag i e g'o,,

~ UNITED STATES 8 c NUCLEAR REGULATORY COMMISSION

  • ii E WASHINGTON, D. C,20555 k ..... p NAR 0 81B5 g

Mr. David Berick, Director IN RESPONSE REFER Nuclear Waste and Safety Project TO F0lA-84-709 Environmental Policy Institute 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 regulations.

Portions of the documents listed on Appendix D are being released. The de-leted portions of these documents represent information which does not pertain to uranium mill tailings and is, therefore, outside the scope of your request.

The documents listed on Appendix E are being released in the NRC PDR.

Portions of the document listed on Appendix F and all of the documents listed on Appendix G are being withheld pursuant to Exemption (5) of the F0IA (5 U.S.C.

552(b)(5)) and 10 CFR 9.5(a)(5) of the Commission's regulations. The informa-tion being withheld in the document on Appendix F consists of Commissioner Asselstine's handwritten comments on a draft of the mill tailings implementa-tion and enforcement policy. The information being withheld in documents 1 and 2 on Appendix G consists of drafts of a proposed letter to Congress and the proposed regulations. The information withheld in document 4 on Appendix G consists of the analyses of the various positions regarding the implementa-tion of the proposed NRC regulations. The information being withheld in documents 3, 5, 6, 7 and 8 on Appendix G consists of the advice, opinions, and recommendations of a member of Comissioner Bernthal's staff to the Comis-sioner or information exchanged between Commissioner Bernthal and Chairman Palladino regarding the proposed amendments to the uranium mill tailings regulations. Because these documents reflect the predecisional process of the agency, the documents are exempt from mandatory disclosure. Release of the documents would tend to inhibit the open and frank exchange of ideas essential to the deliberative process. The documents do not contain any reasonably 4 segregable factual portions.

The documents or portions identified above as being released at this time are being placed in the NRC Public Document Room, 1717 H Street, NW, Washington, DC 20555. You may obtain access by presenting a copy of this letter or by requesting folder F0lA-84-709 in your name.

I Pursuant to 10 CFR 9.15 of the Comission's regulations, it has been deter-mined that the information withheld is exempt from production or disclosure 3

and that its production or disclosure is contrary to the public interest. The

! person responsible for this denial is John Hoyle, Assistant Secretary of the

! Commission.

8506200241 850300 PDR FOIA BERICM84-709 PDR r

David Berick . 2 This denial may be appealed to the Commission within 30 days from the receipt of this letter. Any such appeal must be in writing, addressed to the Secre-tary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555, and should clearly state on the envelope and in the letter that it is an " Appeal from an Initial F0IA Decision."

The search for and review of additional documents subject to your request are continuing. We will notify you as soon as our efforts are completed.

Since ely yours,

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

Enclosures:

As stated

-,s.,, -

i

(- .

../

4 F01A-84-709 i

APPENDIX D

1. 5/21/84 Report of meeting between Chairman Palladino &
Administrator Ruckelshaus (15 pages).

i 2. 5/21/84 Two packages of information on meeting with Ruckelshaus

- (177)

3. 7/17/84 Letter to J. Cannon from W. J. Dircks with attached j minutes of 4/13/84 meeting (5 pages) i 4

i-1 4

s d

4

--3 - g, -, ,-ea- -~ - - - - ,-.

4 F01A-84-709 APPENDIX E

1. 6/16/80 Note to R. A. Scarano from G. Cunningham re: legal opinion on application of the land ownership requirements (7 pages)
2. 9/29/81 Memo for J. B. Martin from R. A. Scarano re: Status Report on Technical Assistance to 0GC with attached memo for S. Eilperin, et al., from H. Miller with attachment (50 pages)
3. 1/27/82 Memo for J. B. Martin from R. A. Scarano re: Status Report on Technical Assistance to OGC (1 page)
4. 5/28/82 Memo for J. B. Martin from R. A. Scarano re: Status Report on Technical Assistance to OGC (2 pages)
5. 2/15/84 Memo for Chairman Palladino from W. J. Dircks re:

Meeting with Assistant Administrator Cannon, EPA, on 2/7/84 with attached letter to W. D. Ruckelshaus from N.

< J. Palladino dated 1/16/84 (2 pages)

6. 7/31/94 Letter to A. Simpson from J. G. Davis re: proposed amendments (2 pages)
7. 8/6/84 Letter to M. Udall from C. Kammerer re: proposed amendments (1 page)
8. 8/6/84 Letter to R. L. Ottinger from C. Kammerer re: proposed amendments (1 page)
9. 8/6/84 Letter to A. Simpson from C. Kammerer re: proposed amendments (1 page)
10. 8/6/84 Letter to S. S. Stratton from C. Kammerer re: proposed amendments (1 page) i f

"e F01A-84-709 APPENDIX F

1. 7/25/84 Memo for S. J. Chilk from T. A. Rehm re: SECY-83-523/523A PROPOSED AMENDMENTS TO URANIUM MILL TAILINGS REGULATIONS

& ADVANCE NOTICE OF PROPOSED RULEMAKING - POLICY

. STATEMENT (16 pages)

F01A-84-709 APPENDIX G

l. 3/21/84 Draft SECY paper re: Proposed Amendments to Uranium Mill Tailings Regulations (SECY-83-523 and 523A and Memorandum dated 3/2/84) (Letters to Congress) (6 pages)
2. 4/24/84 Note to D. Garner from K. Dragonette re: working copies of modified A-2 proposed rule (52 pages)
3. 4/27/84 Memo to Commissioner Bernthal from L. Stoloff summarizing meeting with Chairman Palladino
4. 4/30/84 Enclosure 8, Minimum Exception Requirements of NRC, NRC Actions of Enforcing Remaining EPA Standards, Resources Required to Undertake Activities (21 pages)
5. 6/28/84 Memo to Commissioner Bernthal from L. Stoloff containing recommendations for action on original rulemaking package
6. 8/8/84 Memo to the Chat'r man from Commissioner Bernthal providing corrections to Chairman's summary of events
7. 8/28/84 Memo to Commissioner Bernthal from L. Stoloff containing recommendation for action on revised rulemaking packages
8. 9/5/84 Memo to Commissioner Bernthal from'L. Stoloff recommending action on revised rulemaking packages

T

'}J 9

-- II)I V I R @ N M E N T A L P @ L a c y I N S T,I T U T E 4

t August 29, 1984 Director FREf. DOM OF WFORMATION Of fice of Administration ACT REQUEST D.S. Nuclear Regulatory Commission Washington, DC 20555 hQ -f %

Freedom 31 Information &gi Requent GL'd FJI4y

Dear Director,

This is a Freedom of Information Act request by the Environmental Policy Institute pursuant to 5 U.S.C. 552.

The Environmental Policy Institute requests the following information and documents:

1) All vote sheets, instructions to staf f, policy and 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-83-523/523A-
  • Proposed Amendments to Cranium Rill Tailings Regulations and Advance Notice of Proposed Rulemaking' and/or the proposed rules. ,

, 2) All memoranda, directions to staff, revisions, editorial or l l

other corrections transmitted by any Commissioner, the Commission, or any Office of the Commission including the Of fice of the Secretary and the Of fice of General Counsel to the NRC staff related to, or requesting revision of SECY-83-523/523A or the proposed revisions to the Commission's uranium mill tailings 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 ur anium mill tailings regulations, and all subsequent communications from any Commissioner or any OIfice of the Commission including the Of fice 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 < -

NRC staff or any Office of the Commission including the Of fice of General Counsel related to the revision of the Commission's ,k 1

_ _ m _ _ .

+.  ;

  • l,..;

eranism s!!! ta111mes regulations and related policy and implementation statements.

5) All communications, invoices, manifests f rom the Nuclear Regulatory Commission transmitting the proposed revisions of the Commission's eranium mill tailings regulations and related policy and implementation statements to the Office of the Fe6eral e megister for subsequent publication including all motices and .

(

letter s to the public, interested parties, and members of congress announcing this action.

i

5) All communications, invoices, manifests f rom the nuclear l

i Regulatory Commission to the Of fice of the Federal Register l j requesting suspension of publication of the Commission's proposed

' revisions of its eranium mill tailings regulations and related l policy and implementation statements and any communications irom the Commission or any Of fice of the Commission announcing this action.

I 7) All communications f rom the Commission, the Chairman, or  ;

j any other Commissioner or of fice of the Consission including the j Office of General Counsel concerning the decision to suspend I

- publication of the proposed revisions of the Commission's eranium mill tailings regulatlons and related policy and implementation

statements.
8) All meeting minutes and communications from the Commission, the Chairman, the Of fice of General Counsel, the Of fice of the Secretary or f rom any Commissioner concerning revision, 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 1, implementation statements including minutes from the August 1984 meeting of Commi ssioner s Bernthal, Palladino, and j

Asselstine. These communications should include the August 3,

1984 meno f rom Chairman Palladino to the other Commissioners explaining his vote and understanding of the Commission's course

! of action taken upon consideration of SECY-83-523/523A.

9) All entries in phone logse 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 j

the proposed revisions of the Commission's uranius mill tailings regulations, the subsequent decision to publish the proposed revisions and related policy and implementation statements entries, and the subsequent decision to suspend publication including contacts from congressional staf f and members of congress.

l The Environmental Policy Institute is a non-profit, taz exempt public interest organisation located in the District of l

Columbia. The Institute has monitored and participated in the Commission's development of uranium mill tailings regulations and l l

implementation of the Uranium Mill Tailings Radiation control Act i of 1978 and subsequent amendments since 1978.

I

b. - - . _ _ , _ . _ _ _ , _ _ _ _

3

l s... ..

) ~. ,, 3. : C.

t l

The internation the Institute hereby reauests will be used esclusively in the public interest to assure that the Commission complies with P.L.95-504 and P.L.97-415 requiring it to promulgate regulations to protect public health and safety and the environment from the the hazards of uranium mill tailings in a timely manner. .

I The Institute therefore requests a waiver of fees under 5 U.S.C. 552 (a) (4) (A) . f i

i Re trull l

- w l i Berick t

Director, Buclear Wacte and  ;

Safety Project  ;

l 4

1 l

1 l

l

.l i

i i

l l l

. _ . - _ _ _ _ - _ - - _ - . - _ - _ . . - . _ . - . . ._ - _ .__ . _ - . _ . _ . , . - - . - -

Retrieved from "https://kanterella.com/w/index.php?title=ML20126M124&oldid=3467679"