ML20126M261

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Final Response to FOIA Request for Documents.Forwards Documents Listed in App C Which Are Being Made Available at Pdr.Documents Listed in App D,Withheld in Entirety (Ref FOIA Exemption 5)
ML20126M261
Person / Time
Issue date: 07/21/1992
From: Grimsley D
NRC OFFICE OF ADMINISTRATION (ADM)
To: Felton J
NUCLEAR LICENSING REPORTS
References
FOIA-92-224 NUDOCS 9301080254
Download: ML20126M261 (5)


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INFORMATION ACT (FOIA) REQUEST ta" s

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JUL 211992 DOU t i NUYtil A(Li (/r ochame>

m HL QUl5t t H hE JH U

E LTOW PART l.-AGENCY RECORDS HE LE ASED OR NOT LOCATED /See chere v based e

No ernc y records subject to the request have bsen located No additionat apoc y recordi subject to the request have been located.

Requested records are avadable through another pubhc distribution progam See Comments section.

Agency records subpect to the requrst that are identified in Aprend;mies) are already avadable for public hspectioriand copying at the NRC Pubhc Document Room. 2120 L Stmt. N.W, Washmgton. DC.

Agency records sub ect to the request that are k!entified in Appendix (ed b

are being myte avaitable for pubhc mspection and copying i

s at the NRC Pubhc Document Roam. 2120 L Street, N W., Washington, DC. m a foider under this F OI A nurnbor.

Ttt nonproprietary vers.on of the proposaf ts) that you ag'eed to accept m a tNephone conversation with a member of rny staff is now beng made avahable for pubhc inspect.on and copymg at the NFiC PuHic Document Ronm 2120 L Street. N.Ws Washmgton, DC m a folder under this FOI A number, Agency records subject to the requeu that are identi6ed in Appendules) may be mspected and copied at the NRC Local Pubhc Document Room idrnttficd in the Comments section.

E nciosed is mformation on how,ou rY ay obtain access to and the charp for copymg records located at the NRC Pubhc Document Room. 2120 L Street, l N W Nsh.nyton DC Agency records subject to the request are endomt p9j {

Records stbiett to the reamt han been referred to another Federat ayntyhe[for review and daect response to you w

Fees You w ' be bded b/ the NRC for fees totahng $

j rou wdl receive r, ref and from the NRC m the amount of $

In uew of N RC's responv to th:s request, no fadher act.on is be.ng toen or e al letter dated No PART 11. A-INFORM ATION WITHHE LD FROM PUBLIC DISCLOSURE

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Certs.n Information in the requested records is being withheld from pubfd disclosur pursuant to the esemptions described in and for the reasons stated w

4' in Part it, B..C, and D. Any released portions of the documents for which only part of the record is besng vithheld are being made avatiable for pubHc inspemon and ccDymg in the NHC Pubhc Document Room,2120 L Street, N W., Washington. DC m a folder under this FOI A number.

COMME N TS

  • You are not being assessed processing fees since the minimal fee limit has not been exceeded.

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RESPONSE TO FREEDOM OF INFORMATION ACT (FOlA) REQUEST FOIA -k.21 JUL N (CONTINUATION) _ _P A_RT 1_18 A, PPilC AR,,L E ( X_E M_P.T IO_N. S_ _._- Decorth subject to the request that are described ici the enclosed Appendimies)_ ._are beer >g sthheld in their entirety or in part under the f.nemptiori Nols) and for the reason (s) given below pursuant to 5 U.S.C. %2M and 10 CF R 9.1ha) of NRC tegulations. 1 c %e ethheid witormation is p<operty clessdied pursuant to I.necu6ve Orde<. If =emption il ?. The *Hhheid et,tuemation esiste6 sotely to the inteer:sf personnel futes and psotedu es of NRC - (f temphon ?) v 3 The ethheld inf oemat on is speutically esempted f*om pute a suswe by itstute induted. (Ememption 3) ,7 .c W Gections141146 of the Atomit inergy Act, orNch prohibits the desciosure of Restnewd Dats or Foervierty Hestaseted Dela t42 U.S C. 7161,216R v 7p: -_.m, Section 14 ? of the Atoms Inergy Act, wbch prohitets it.e darbsore of Unclassif 4d Safeguards tr-forreabon 147 U,5 C, ?10 ~x b.i h mfo<mation that is tremg withhe6d f or the teamo and4ated If aemption 4) 4 The withheld rdvernatum is e bade sernel o. (.ominertia: on brtanom i .,,g.,. - _. -. _ _ ~-- - - _ - - -.. The sniosmetion se connu1ered to tre cont. dent.48 tu,siness toropoet a*v ? mf usiv.it.em . nee.eNe, w., . -, + -,, - -. - ~,, ..-m, ., -.. - +. - - - - - -.. - - =. - - --.---n..--..-.--~~,.,~---.n c .,_.w..,n The mforenetion en (cins.dered to t>e p<opostasy ordmmaien pu sant to % O R ? 790 d ill r .~ The iritormaton w as submitted a*w #cc erved m untedence he'sunt to 10 cf N 2 7frec a? E-. >6 the wahyd ofmmet+r' Lor [swis of interapw y or meanency tecmds thai sie ret eo4 rat N.+p da-o.e., de.ng 4taptmr 1(senpuon 'A ApphcAbie Pnvdear' IDeiterat.ve hoc ess Datasu<e of peinteuswrimi irdormannn modt trod 17.tht 4 the oiwn.orm te4nk t ern.mp ui qw.ss essent-44 <;.tt.e dehtie< at.ve p*mest f f Whof f f,C O8dl arf Mihl. eld sh 194 9 thteely. The f F t h d't me a t v eth #f to1 A med wif'. tbc pet den-4 ONei udrm*00M IhWr af4f? d'8 fdr Pf d4hodD'y Se yegable #44t W 46 m j. , poet oeis t,ecause the telea.se of the. f ac ts novid_.ps s**i en mebret t isupmv mto the c'eae: wraf a = e ss iA ite 49 *w v _.m_ ,. ~ - - ~ -.m_ ,m- ~ ~.. - m. 8 A f Wne, A or k pmds t pn We ge. 'Dm eeni s p< @wd b y e sw a i i t r +pw 7v = ] Atta<ney cbent privlege Kebtentist ctswwmcat.cas between en ettemy end hisNe cbent i A wr re W r-a t m wa s"4n&d m= 4 tor' fA wiuN' 5% d y b E4mpten 6) 6 The ethheid w4rmate is enc % tra ham p4bV h M5sc bn a.m ah4 ,s e .. - ~, - -,. -. _, - -. ~ '-- - ~ - ~ ~ ~ " ~ ~ ~~ ~~ 7 the withheld inta< mat.on cons >sts of emeds cornoded to' i'e* enim ement po' rom and m br ng e thhed 'm IP e seawn%) *nd.wed W egnMn 7) r. -~D<sciouse etwid euwn4My be en*ted to intstfee *itt,~an ethnemet emeed ng i ence et tovu envu! the v.op d><ect.on. and Ic.m ofma._...o, m~_ ,m m.-... .-..a .m_m -.,_...4 m.o nm j enforcemerit offorit erxt the could pont8y asow stopants to tak

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~. tusckisu,ii wouto c.a+%t.tute an unwe,vanted mi,4 ton ce teet.unai pnvacy it v empt4on 7tCH I bP ifd(diTrJt=GD [Of%s!h D! t'=afMes Di WdUd db0 W! 'd M l'" <*$A Nt-M T F.' Eh 9,8 f QP 4% ,b$ r r g p p,i g [4 p g gpq pp j gg Q g q[ @g,g, g l runhdet+ m<m tr umponti 7 (Da ot m it l 1-PA'If Il C - DE N YIN _G_OF_FICIAL S__. Nwn to 10 Cf R 0 2$gd ano or 9 28W of the U S be.c thtM 9 y Comm won wnum. at he bre-tini-m ned that the mimmat e w It%td ts esempt from pec , thif t c0 H DT d4C4W% dHd shel *t , DEM1 On W s) y ms## 4 tW!.? dr) M F f f'utM mTr%? The pp WM te@Pph=e f m 1F e dem@ gre thoge of f g.gg qQ%(.pq begge 33 dge'y eg ( Off64?g enel the D f fct&j D4 +Q% Ot 5 f f qyhm @ liMJfhe' (n AN Iybi C C M (#f vet hih7Of AdM e4 EU g! p f 3e Any den.Ai t%4t fetJy b appretd (Q thi ( gg(9 -ye Diet;T 1 l for Ow at;ons (i doi. . _..9t COH05 DE Ntf 1 [ i [ ..... m _ _Of f ic_t A t AFotn Aff 4,________D. ~. __.f C M%W^"L C._ -_Ot_N ytNG of fici _ ~__.. - ___mt t outct_- i l. i - AMES-.~ m f1MA 1..b-.EcuTWE..~.

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y I Q ^ E. R M m. N S- -~ -. - -- -. s. - _ _,._ w! I i m- _ -. _.---a-m__. _3 L -- - _ m ,--..- -.4 - - ~,- -- ~~.~ PART 11 D det.'AL RIG _ HTS __ The demal by exh denying offcat ident+ed in Part ti.C may t,e appealed to the Appettate Off Laf kjent5f+1 there. Any such appea: most be made m wupng within 30 days of recei of the response. Apswals must be addressed, si appropndte, to the !necutive Disector k., Operations. to the Secretary of the Commeon, or to the lospector General. U 5, Nwc' var - Reguistory Cornmemon, Wash 4ryton, DC 20%$. And should (festly state on the onwebwe st*d in the letter thet it is en "Aptwaf from an imteet F0tA Dee,sion? U.S. NUCLEAR REGULATORY COMMISA!ON NRC FORM 464 (Part 210 91) ~-.. _.. -, _

_. ~. ..- __~. t 1 Het FOIA-92-224-t APPENDIX C HECORDS RELEASED TO REQUESTER HUMBER DATE DESCRIPTION-EDO Control 0007460 (1 page) with 1. attachments: n. 6/1/92 Memo from Chilk to. Taylor and Parler.re COMIS-92-008 - Regulatory Review (3 pages) b. 4/29/92 Memorandum from Bush re Implementing Regulatory Re. forms (3 pages) - i A {T

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'Het FOIA-92-224 APPENDIX D DOCUMENTS 'BEING WITilllELD IN-ENTlHETY PREDECISIONAL INFORMATION EXEMPTION 5 NUMBEll DATE DESCRIPTION 1._ Undated Draft memo from Taylor to Morley, et.al. re Regulatory _ Review, (3 pages) with following-attachments: 1. Requested Actions Regarding Rulemaking in 8 Areas that Meet the Criteria for the Special Review (2 pages) 2. Requested Follovup Actions for Issues That Do Not Meet the Criteria for the Special-Review. (7 pages) 3. Requested Followup Actions in Response to Two Discussion Items-of SECY-92-141 (2 pages) J

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-- *A NUCLE AR REGULATORY COMMISSION M .[- ' gt - I a EDO PrincipapmoTou,p.c.rocyonce Control g. wA e, Correspon 's T f a FROM: DUE: 06/05/92 EDO CONTROL: 0007460 DOC DT: 06/01/92 FINAL REPLY: Sarnuel J.Ch11 k SECY TO: Taylor a Parler FOR SIGNATURE OF:

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Executive Director ROUTING: DESC: kEGULATORY REVIEW Taylor Sniezek Thompson DATE: 06/02/92 Blaha ASSIGNED TO: CONTACT: Office Directors RES Beckjord Regional Administrators SPECIAL INSTPUCTIONS OR REMARKS: I { Ikil%L ( aJnu \\ i

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f ** Cvq'o, UNITED STATES ./ 3g 'g NUCLEAR REGULATORY COMMISSION }' *f g/ g W ASHIN GTON, D.C. 705% 1,;.....,/ OFFICE OF THE secne t ARY June 1, 1992 MEMORANDUM FOR: James M. Taylor Executive Director for Operations William C. Parler General Counse b FROM: "VSamuel J. Chil e etary

SUBJECT:

COMIS-92-008 - REGULATORY REVIEW On April 29, 1992, President Bush issued a directive providing further guidance on the regulatory review program that he initiated earlier this year. (Enclosure) The President requested that agencies set aside the next 120 days to implement regulatory reforms which would eliminate or revise regulations identified as unnecessary or unnecessarily burdensome by the regulatory review requested in the President's January 28, 1992 memorandum. The President requested that to the maximum extent possible, reforms that do not require public comment are to be implemented by June 1, 1992; reforms that have already been noticed for public comment should be issued in final form by August 1, 1992; other reforms requiring public comment should be noticed for comment as soon as possible but no later than June-15, 1992 and targeted to be issued as final _ rules by August 27, 1992. The President also requested that agencies submit to him on September 1, 1992 a report summarizing all pro-growth reforms implemented since January 28, 1992 and to include an estimate of the cost savings or other benefits to the economy created by such reforms. The President's most recent initiative also extends the ninety day moratorium on new regulations, with stated exceptions, as described in his January 28 memorandum and requests that agencies submit to the President, in advance of issuance, a complete regulatory impact analysis of each major rule proposed to be issued during this period. The Commission believes that it can address many aspects of the spirit of the President's initiative without violating our basic statutory responsibilities. The principles set forth in the Commission's February 7, 1992 memorandum remain in effect._ The purpose of this memorandum is to provide additional guidance 4 d Gi!. E0 FoIH ' 2 q 24 n C '- W -Q-%;cr

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4 2 on how the Commission intends to address the president's moat recent request. 1. For each of the 8 issues identified by the Commission-in its April 27, 1992' report to the president as candidates for rulemaking, the staff shall develop proposed rules and shall strive ta) notice these rules for comment by June 15, 1992 with a view towards promulgating final rules by August 27, 1992. Towards this end, the staff shall provide the Commission with projected schedules for each of the eight issues by June 5, 1992. (EDO) (SECY Suspense: 6/5/92) 2. In order to facilitate the meeting of the June 15, 1992 target date for Federal Register publication of the proposed rules, the staff may publish the rules for comment without prior ACRS'and Commission review. (EDO) (SECY Suspense: 6/5/92) 3. Staff shall continue as part of its normal duties to look for areas in which rulemaking would further the spirit of the President's initiatives relating to regulatory review. Should additional _ areas be identified,-the Commission should be provided a projected rulemaking schedule. 4. Staff should provide the Commission with a draftof the report requested by the president by August 24, 1992. (EDO) (SECY Suspense: 8/24/92) 5. If any rulemakings initiated or promulgated by the NRC between now and September-1, 1992 would constitute major rules as defined below, the staff shall promptly notify the General Counsel of this and thereafter promptly provide him with the accompanying regulatory _ impact analysis.. A major rule-is' defined as any regulation that is likely tx)- result in: (1) an annual effect on the economy.of $100 million or more: (2) a major increase in costs or prices for consumers, individual industries, Federal, State, or local' government agencies, or geographical regions; or (3) significant adverse effects on competition, employment, investment,-productivity, innovation, or-on the ability of United-States-based enterprises to compete with foreign-based enterprises in domestic or export markets.- l .~

3 Should the Commission promulgate any major rules during the regulatory review period _they would be issued-in accordanco with' its normal' rulemaking process. That process inc*udes-the preparation of a regulatory impact analysis, which is already required by the NRC's _ Regulatory Analysis Guidelines. The NRC's existing regulatory review process satisfies the President's objectives concerning the substance of regulatory i impact analysis, 6. During this 120-day implementation period, the agency shall follow its normal rulemaking and regulatory procedures to comply with our statutory mandate to protect the public health and safety and the common defense and security. This rulemaking accords with the President's request, meeting the standards of his memorandum of January 28th.

Enclosure:

April 29 Memorandum cc: The Chairman Commissionar Rogers Commissioner Curtiss Commissioner Remick Commissioner de Planque OIG OCA OCAA i ~

4 THE WHITE HOUSE WAS HIN GT O N April 29, 1992 MEMORANDUM FOR CERTAIN DEPARTMENT AND AGENCY HEADS

SUBJECT:

Implementing Regulatory Reforms On January 28, 1992, I issued a memorandum asking each of you to set aside a 90-day period to conduct a review of existing regulations and programs and to accelerate initiatives that will create jobs and stimulate economic growth. Your response thus far has been excellent. _Together, we have already implemented numerous re*nrms that will ultimately reduce-the prices American consumers and businesses pay for energy and transportation, increase the amount of credit available for business expansion and homes, cut red tape for emerging industries such as biotechnology, and reduce many other regulatory barriers to job creation and economic growth. But much remains to be done. Within the next few days, each of-you will be submitting a report outlining additional proposals to eliminate or revise unnecessary, and unnecessarily-burdensome, regulations. Every agency has 3dentified a number of reforms-that can be accomplished without new legislaston. We must make every effort to implement as quickly as possible those proposals that will create jobs and enhance economic growth without endangering public health or safety. Accordingly, I ask that each of your agencies set aside the next 120 days for this purpose. To that end, I request that, to-the maximum extent possible, you adhere to the following specific guidelines: 1. Reforms that do_not require public comment should be implemented as quickly as possible, but'no later than June 1, 1992. Reforms that have already been noticed for public comment should be issued in final form as quickly as-possible, but no later than August 1, 1992. 2. Other reforms requiring public comment should be noticed for comment as soon as possible -- but no later than June 15, 1992 -- with a view to issuing final rules no later than-August 27,.1992. 4 3. On September 1, 1992, each agency should submit an-f additional report to me. This report should summarize all the pro-growth reforms implemented since' January 28. It-should also cstimate the potential cost savings or otner benefits to the economy created by these pro-growth reforms, including an estimate of the expected net increase in jobs. --d @~ ^

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2 To ensure that adequate agency _ resources are devoted to the 4. reform effort, your agency should continue,-during this 120-day period, to adhere to the moratorium as described in my January 28 memorandum. I emphasize, as I did then, that this moratorium does not apply to certain limited categories of regulations, including those that respond to situationa posing an imminent danger to human health or safety. 5. Your agency should also continue to adhere to the substantive standards detailed in my January 28 memorandum with respect to all programs and regulations. And, to the extent it does not duplicate existing regulatory review processes, you should submit to me, in advance, a complete regulatory impact analysis of each major rule proposed to be issued during this period. This will help ensure that these regulations achieve their objectives at the least cost to American consumers and workers. In implementing your reforms and in preparing the reports described in paragraph 3, you and your agency's regulatory oversight official should continue coordinating with the competitiveness Council's Working Group on Regulatory Reform. e l l l t l = l 1

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9 3 THE SECRETARY OF THE TREASURY THE S';CRETARY OF DEFENSE - THE ATTORNEY GENERAL THE SECRETARY OF THE INTERIOR TiiE SECRETARY-OF AGRICULTURE Ti!E SECRETARY OF COMMERCE THE SECRETARY OF LABOR Tite SECRETARY OF HEALTH AND HUMAN SERVICES THF AECRETARY OF HOUSING AND URBAN DEVELOPMENT Tile SECRETARY OF THANSPORTATION THE SECRETARY OF ENERGY THE SECRETARY OF EDUCATION THE CHAIRMAN OF THE INTERSTATE COMMERCE COMMISSION THE CHAIRMAN OF THE BOARD OF GOVERNORS ~ OF THE FEDERAL RESERVE SYSTEM Tile CHAIRMAN OF THE FEDERAL TRADE. COMMISSION THE CHAIRPERSON OF-THE FEDERAL DEPOSIT INSURANCE CORPORATION-THE CHAIRMAN OF TIIE-SECURITIES AND EXCliANGE COMMISSION THE CHAIRMAN OF THE FEDERAL COMMUNICATIONS COMMISSION TIIE CHAIRMAN OF THE FEDERAL MARITIME COMMISSION Tile CHAIRMAN OF THE-EQUAL EMPLOYMENT OPPORTUNITY COMMISSION THE ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION AGENCY THE CHAIRMAN OF THE NUCLEAR REGULATORY COMMISSION THE CHAIRMAN OF THE COMMODITY FUTURES TRALING COMMISSION THE CHAIRMAN OF THE. FEDERAL ENERGY REGULATORY COMMISSION l l p I l l-l-. l'

NUCLEAR LICENSING REPORTS thecutive Ofhccr Mail Order Addrew 200- A Monroe Street, Suite 23 P O 1610h Rodsillc, Maryland 20S50 Rxkvdle. Maryland 20849 0h (3011424 4112 May 8, 1992 IREEDDM Of I'iFORMM10!i Mr. Donnie H. Grimsley, Director g y g [3J Division of Freedom of Information f and Publication Services / O 4AM L ' / Office of Administration ft< /g g.y,g U.S. Nuclear Regulatory Commission Washington, D.C. 20555

Dear Mr. Grimsley:

Pursuant to the Freedom of Information Act, Nuclear Licensing Reports requests copies of the records listed below. Nuclear Licensing Reports is a monthly newsletter designed to inf orm NRC and Agreement State licensees about new and proposed changes in NRC and state regulations and policies in order that licensees may be better able to carry out their operations in-a safe and cost ef fective manner. Included among its subscribers are NRC and Agreement State licenseos, Federal and state regulatory agencies, Congressional committees, and members of the public. Pursuant to the FOIA and NRC regulatias, Nuclear Licensing Reports requests a waiver of search and procecsing costs, and the first 100 pages of copying costs, as a news media organization. Please send the records directly to ma at the Monroe Street address listed above. Should the number of pcges exceed 100, please send the first 100 pages to me, and the remaining pages to the PDR reproduction contractor for copying and charge to my FMI account. fhicerel f ./ g /& / oseph M. Felton Records __Regposted: Records showing what actions NRC will take in response to the President's April 29, 1992 memorandum extending his regulatory reform initiative for 120-days. Records shewing those Category II or Category III proposals of the CRGR targeted for action during the 120-day extension.}}