ML20128D045
| ML20128D045 | |
| Person / Time | |
|---|---|
| Issue date: | 05/01/1992 |
| From: | Grimsley D NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Facaros N AFFILIATION NOT ASSIGNED |
| Shared Package | |
| ML20128D049 | List: |
| References | |
| FOIA-92-174, RULE-PRM-60-4 NUDOCS 9212070122 | |
| Download: ML20128D045 (4) | |
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U.S. NUCLEAR REGULATORY COMMISSloN nHc rotA st out$t su vete m
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RESPONSE TO FREEDOM OF l m^t kyJ e^atia' INFORMATION ACT (FOIA) REQUEST o^n
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RE OVEST E R Nickolas FaCaros PART 1.-AGENCY RECORDS RELE ASED OR NOT LOCATED (See checAedboxes)
No agency records subject to the request have been located.
No additional agency records subject to the request have been located.
Requested records are available through another pubhc distribution program. See Comments section.
Agency records subject to the request that are identified in Appends (es) are already available for pubhc inspection and copying at the NRC Public Document Room,2120 L Street, N.W., Washington, DC.
Agency records subject to the request that are identified in Appendixfes)
A are being made available for public inspection and copying XX at the NRC Pubhc Document Room,2120 L Street, N W., Washington, DC,in a folder under this FotA number.
The nonpropr.etary version of the proposal (s) that you agreed to accept in a telephone conversation with a member of my stalf is now being made available for public inspection and copying at the NRC Public Document Room,2120 L Street, N.W., Washington. DC,in a folder under this FOI A number.
Agency records subject to the request that are Identified in Appendix (es) may be inspected and cop'ed at the N RC Local Public Document Room identified in the Comments section.
Enclosed is information on how you may obtain access to and the charges for copying records located at the NRC Public Document. Room,2120 L Street,.
N.W., Washington, DC.
p Agency records subject to the request are enclosed.
Records subject to the request have been referred to another Federal agency (ies) for review and direct response to you.
Fees You will be billed by the NRC for fees totahng $
e You wtll receive a refund from the NRC in the amount of $
in view of NRC's response to this request, no further action is being taken on appeal letter dated
. No. -
PART 11. A-lNFORMATION WtTHHELD FROM PUBLIC DISCLOSURE Certain information in the requested records is being withheld from public disclosure pursuant to the exemptions described in and for the reasons stated in Part it, D, C, and D. Any releated portions of the documents for which only part of the record is being wit held are being made available for public inspection and copying in the NRC Public Document Room,2120 L Street, N.W., Washington, DC in a folder under this FOI A number.
COMME NTS The NRC is Continuing to review records subject to your F0IA request. We vill notify you upon Completion of the review.
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l Het FOI A-91-441-APPENDIX E' 4
DOCUMENTS BEIN JITHHELD IN PART NUMBER DATE DESCRIPTION 1.
07/23/91 Note from Joe Holonich to Ron Ballard and Margaret Federline (1 page) with attached memorandum dated 07/22/91 Iruk Mel.Silberberg to Joseph J. Holonich (1 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 Note from Margaret Federline to Joe Holonich (1 page) with attached.
annotated memorandum dated 07/23/91 from Joe Holonich to Ron Ballard 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.
Ballard, and the enclosed annotated-draft Federal Register notice is being withheld.
Exemption 5 (Deliberative Process) 3.
10/29/91 Memorandum from Mel Silberberg to List of Addressees (1 page) enclosing revised draft Federal Register. notice of denial of petition (PPM-60-4) (11 pages)
The revised draf t Federal Register notice.is being withheld.
Exemption 5 (Deliberative Process) w
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Re FOIA-91-441 APPENDIX F DOCUMENTS DEING WITilllELD IN THEIR ENTIRETY HunDER DATE DESCRIPTION 1.
05/20/91 hoto from B.
J.
Youngblood to R.
Bernero, et al concerning Washington petition for rulemakin0 (3 pages)
Exemption 5;(Deliberative Process and Attorney-client privilege) 2.
09/24/91 Annotated note from Jim Wolf to Nain Tanious with attached draft Federal Register notice (10 pages)
Exemption 5 (Deliberative Process and Attorney-client privilege) 3.
10/24/91 Hote from Phil Altomare to Haim Tanious and Jim Wolf, subject: Petition for HLW Definition (Hanford) (1 page)
Exemption 5 (Deliberative Process) 4.
undated Draft Denial of Petition for Rulemaking
- Docket No. PRM-60-4 (5 pages)
Exemption 5 (Deliberative Procens)
Het FOIA-92-174 Appendix A 1.
Undated Draft Federal Register Notice of Receipt of Petition from States of Washington and Oregon and comments received in response to FRN..
(55 pages)L 2.
Undated Chronology of HRC-Involvement on Hanford Tank Waste (ca. late 1989) prepared by Chad Glenn (HRC) (1 page) 3.
Undated Backup Answers V and W for Hearing of Senate Committee on Governmental Affairs on April 9, 1992, regarding Hanford double-shell-tank wastes and the Washington and Oregon petition (2 pages) 4.
12/12/89 Conversation Record of Chad Glenn (NRC) and Nick Kirch (Westinghouse-Hanford), regarding potential for explosion of Hanford tanks (1 page) 5.
4/5/90 Conversation Record of Chad Glenn (NRC) and Don Woo 4 rich (Westinghouse-Hanford),
regarding potential for explosion of Hanford tanks (1.page)
-G.
8/3/90 Conversation Record of Cuad Glenn (NRC) and Paula Clark (DOE-Richland)'with Don Woodrich (Westinghouse-Hanford), regarding hydrogen buildup in Hanford double-shell tank 101 SY (4 pages) 7, 9/24/86 Letter to Holten (DOE-Richland) _from Browning-(HRC), regarding NRC comments on Draft
' Environmental Impact Statement on_Hanford Defense Wastes;(44 pages) t 8.
2/5/92 Calculations by_--James Shepherd (NRC) on concentrati6ns of radionuclides in Hanford grout-wastes (7 pages) 9.
Undated Annotations and calculations by Michael Weber (NRC) regarding-estimated concentrations of radionuclides in grout from the Hanford double-shell tanks (1 page) 10.'
11/6/91 Memorandum from Kammerer to Silberberg (1 page)
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jrch 26, 1991 7
Director Division of Freedom of.Information and Publications. Service
' office of Administration
[R.EEDOM 0F INFORMAT104 U.s. Nuclear Regulatory Commission-
!.CTREQUEST-Washington, D.C 20555
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A Freedom of Information Act Request b 'd i~/-7/
Re:
Dear Director:
Please send me within 10 working days of' rec _eipt of this request under the Freedom of Information Act all agencyrecord rulemaking on the classification of high-level radioactive U.S. Department of Energy facilities.
For wastes at the petition is described-in the identification purpose.n, 1990, Federal Register on pages $1732-73, and in the (accompanying copy of the) cover letter to the petition.
December 17, I specifically request copies of,the following:-
The initial submittal of a petition dated January 2, 1) 1990; The notir:e of intent to petition, apparently dated 2)Noember 17, 1989, and addressed to Chairman Carr; All comments submitted, whether f rom a public or 3)private individual or a public or private entity, on the petition for rulemaking; All records of di,scussions (referred to in the 4) between NBC/ DOE attached cover letter to the petition) staff end the petitdoners;
- 5) Any other records (including press releases),
computerized, regardless of source or medium (paper, evaluating or otherwise relating etc.),
One I'm working on a news: story regarding the petition.
aspect of (or-potential sidebar to) this story is how the NRC
-- what is sent and how soon.
responds to this request Please do-not delete or withhold anything.
If you do, please-explain the statutory basis of each deletion or. withheld
~ record.
I hereby petition for a waiver of all fees otherwise incurred under 10 C.F.R. S for the processing of this request
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(1) The information will be used for a news -story /
(2)~ Each record will be fully analyzed, and the analysis o
will determine the extent of extraction; (3) The records will be used for an investigative ' story to be published by one or more newspapers, and the requester is the editor of an environmental journal called The Seemiess Web and an accomplished writer competent in legal analysisi The public will develop an understanding of (a)- the (c) how the NRC publicizes (4) petition, (b) its purpose, (d) how the. NRC evaluates such petitions for rulemaking, j
petitions, and (e). the significance of classifying radioactive wastes as high-level or low-levelt The information is targeted to r'each people who read newspapers, the circulation of which is estimated to (5) exceed 1 million; The Scamless Web will publish the story and make it (6) available for reprinting by other newspapers; (7) The story will be copyrighted and made available for I:
reprinting in original form, with proper credit, at no charge, and The Seamless Web itself will be freet and (8) It's possible, though not likely, that the requester will win an award for investigative environmental reporting.
Please send the' records to me at P.O. box 1228, Eugene OR (503) 345-9907.
974 40. If you have any questions, call me at Thank you for your time and cooperation.
S i r)ce rely,
YH At 0%COAC')
Nickolas acaros l
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/ctober 7, 1991 O
Director-Division of Freedom of Information and Publications Services Office of Administration U.S. Nuclear Regulatory Conmission
[2flD0[0F INFORMATION Washington, D.C.
20555
% ACTREQUEST n Freedom of Information.nOf-[sV:&c s '."%;.
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b; This FOIA',re' quest updates lono numbprod 91-131' J a, opyJof,yhich 1,s-i j
t enclosed, Talong with the list' of materia 1, prc'viod 1y relea, sed.
Within 10 working days of receipt of this FOIA request,'please 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 classification of high-level radioactive wastes at DOE facilities.
I specifically request copies of (1) all additional comments submitted; (2) all additional records of discussions between NRC/ DOE staff and the petitioners or anyone else; and (3) any other records (including press releases) petition.
relating to the In responding, please indicate the statutory basis for any material deleted or record withheld.
I hereby petition for a waiver of all fees under 10 CFR section 9.41(b):
(1) The information will be used in an 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 recluester is a writer for and the editor of an environmental newsletter called The Seamless Web, published by a nonpro fi t, tax-exenpt, 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 NRC evaluates such petitions, (c) the significance of classifying radioactive
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e wastes as-high-level or low-IcVel, (f) the input that the NRC has received on the petition,'and (g) the ongoing' nature of HRC's review of the petition; (5) The information is targoted to reach th's miliions-pf."
people who read newspa public radio stations,,pers or news magazines,%:liste.ri..to or watch news on TV; ;-
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(6) The seamless Web will publish the' story..a
C availabTe' for reprinting by other fpublica~ tiori l'
broadcast news 'on radio l39&$Re
'and.TV; -
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.(7)',,The story.,wil
- c op.er[, credit 'at n'o chargey and TheD republi'c'a' tion *with scamics'c
- Pob?Ofirl liedt tothe media ~ for free; and 7 ' < Q',';
.g (8) It's possible that the requester will win an award for...
investigative environmental reporting.
i t*C 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, pleano call me at (503) 345-9907.
Thank you, fYh'!
C<d ed Hickolas Facaros
Enclosures:
As stated
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, April 2, 1992 e
a Division of Freedom of Information and Publications Service Director Office of Administration MOM Of INFORMATION U.S. Nuclear Regulatory Commission Washington, D.C. 20555 ACT REQUEST Ret Freedom of Information Reauest g,/
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Dear DirectoA.
I hereby request that Under the Freedom of Information Act, you send me within 10 working days copies of the following agency records:
The index listing each "Sec'y" by number, 1) title, subject matter, date, etcetera, and whatever information is contained in the index, plus all records pertaining to the decision to make such documents compiled as of 1990 publicly available.
l
- 2) Sec'y 88-144.
- 3) All agency records (that I have not previously received pursuant to two earlier FOIA requests, copies relating to the petition of of which are enclosed,)
Oregon and Washington for rulemaking on the classification of high-level radioactive wastes at defense processing facilities -- such records include, but are not limited to, the following:
a) Pages 20 and 22 of Dr. George Hinman's analysis that accompanies a memorandum dated Dec.
12, 1990, from Jack Scarborough to James Blaha.
The NRC previously sent me a copy of Dr. Hinman's analysis, but those two pages were missing.
b) The documents listed in the attached I
copy of Appendix E as being withheld "in part" i
in response to FOIA-91-441.
The NRC did not send me any of the listed material that was l
not withheld in part.
1 The reasonably segregable portions of I
c)
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documents listed in the attached copies ofif the Appendices E and F as being withheld or, exemptions claimed no longer apply due to a final decision on the petition, those documents in their entirety.
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l d) All recor'ds 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.
Please note that no material responsive to this request may be lawfully withheld in whole or part without a determination that such material cannot be segregated into exenpt and non-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 C.F.R. section 9.41(b).
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 orcanization, 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.
Yours truly, YO N
Nickolas Facaros
/nf encl.
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