ML20128H032

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Partially Deleted Ltr Re Request to Withhold Documents Concerning Performance of Licensed & Supervisory Duties at Mit.Request Denied
ML20128H032
Person / Time
Site: MIT Nuclear Research Reactor
Issue date: 10/03/1996
From: Weiss S
NRC (Affiliation Not Assigned)
To: Lau S
AFFILIATION NOT ASSIGNED
References
NUDOCS 9610090215
Download: ML20128H032 (3)


Text

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2 46 Er4 9k UNITt.J STATES y-NUCLEAR REGULATORY COMMISSION f

WASHINGTON. D.C. 20565-0001 l

October 3, 1996

SUBJECT:

REQUEST TO WITHHOLD DOCUMENTS

Dear Mr. Lau:

Thank you for your letter of September 11, 1996, which responded to our request for additionti information dated August 2, 1996, concerning your nerformance of licensed and supervisory duties at the Massachusetts Institute of Technology (MIT) Nuclear Laboratory.

Your response adequately addresses our concerns.

You requested that your letter of September 11, 1996, be withheld from the Public Document Room (PDR), and that our letter of August 2, 1996, to you, which has been placed in the PDR with your address removed, be withheld.

You also requested that our letter of August 2,1996, to Dr. J. David Litster, which we placed in the PDR, be withheld.

These requests were made pursuant to 10 CFR 2.790(7)(iii), which refers to withholding records or information compiled for law enforcement purposes, but only to the extent that the production of such law enforcement records or information could reasonably be expected to constitute an unwarranted invasion of personal privacy.

The NRC does not cocsider these records to be related to law enforcement purposes.

The NRC requested additional information from MIT and you because the responsibilities associated with a Senior Reactor Operator license issued pursuant to 10 CFR Part 55 and in supervisory duties related to licensed facility activities, are significant with respect to the protection of the public health and safety. The information provided gives us assurance that you meet the requirements of 10 CFR 55.33(a)(1).

Because of the press release dated June 20, 1996, from the Commonwealth of Massachusetts Office of the Attorney General, newspaper articles and media reports, and public court documents, your name, your employment at the MIT Nuclear Laboratory, and the fact that you were indicted, are publicly known.

In deciding whether to withhold information about you, we balance the right of the public to know against your right of privacy.

We have determined that the right of the public to be fully appraised as to the basus for finding that you meet the requirements of 10 CFR 55.33(a)(1) outweighs the need to withhold the I()

information. Therefore, given the information that has been made public and the right of the public to be fully appraised of information upon which we f

based our decisions, we have determined that we cannot withhold from the PDR

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under 10 CFR 2.790 the documents you requested.

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l Mr. Shing Lau October 3, 1996 In accordance with 10 CFR 2.790, a copy of this letter will be placed in the NFC PDR with your address removed.

If you have any questions concerning this matter, please call Alexander Adams at (301) 415-1127 or me at (301) 415-2170.

Sincerely, Original signed by:

Seymour H. Weiss, Director Non-Power Reactors and Decommissioning Project Directorate Division of Reactor Program Management Office of Nuclear Reactor Regulation Docket No. 55-60601 License No. S0P 10667-1 cc: Dr. John A. Bernard, MIT Dr. Otto K. Harling, MIT Dr. J. David Litster, MIT DISTRIBUTION:

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Mr. Shing Lau In accordance with 10 CFR 2.790, a copy of this letter will be placed in the NRC PDR with your address removed.

If you have any questions concerning this matter, please call Alexander Adams at (301) 415-1127 or me at (301) 415-2170.

Sincerely, Seymour H. Weiss, Director Non-Power Reactors and Decommissioning Project Directorate i

Division of Reactor Program Management l

Office of Nuclear Reactor Regulation l

Docket No. 55-60601 l

License No. S0P 10667-1 l

cc: Dr. John A. Bernard, MIT l

Dr. Otto K. Harling, MIT Dr. J. David Litster, MIT l

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