ML20128P863
| ML20128P863 | |
| Person / Time | |
|---|---|
| Issue date: | 10/16/1996 |
| From: | Racquel Powell NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Van Gessel J CHEMICAL WASTE MANAGEMENT, INC. |
| Shared Package | |
| ML20128P868 | List: |
| References | |
| FOIA-GES96-347 NUDOCS 9610180140 | |
| Download: ML20128P863 (8) | |
Text
{{#Wiki_filter:^ U.S. BUCLEAR @EGULA TOR y COMMIS$10N NHC FOIA HEOutST N BE RIS) g* FOIA '7 -J f 7 RESPONSE TYPE [ RESPONSE TO FREEDOM OF ) FINAL l l PARTIAL [INFORMATION ACT (FOIA) REQUEST o^ u seee. 6E DOCKE T NUMBE R(S) tilappbcable) 4 h AhW W V PART l.-AGENCY RECORDS RELEASED OR NOT LOCATED (See checkedboxes) No agency records subject to the request have been located. No cdditionpl agency records subject to the request have been located. Requested records are available through another public distribution progsam. See Comments section. Agency records subject to the request that are identified in Appendix (es) are already available for public 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 Appendix (es) O are being made available for public inspection and copying it the NRC Public Document Room,2120 L Street, N.W., Washington, DC,in a folder under this FOI A number. The nonproprietary version of the proposal (s) that you agreed to accept in a telephone conversation with a member of my staff 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 copied at the NRC Local Public Document Rcom identified in the Comments section. Enclosed is information on how you may obtain access to and the charges for copymg records located at the NRC Public Document Room,2120 L Street, N.W., Washington, DC. Agency records subject to the request are enclosed. Rrcords subject to the request have been referre1 to another Federal agency (ies) for review and direct response to you. Fees You will be billed by the NRC for fees totaling $ You will 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-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE C rtain information in the requested records is being withheld from public disclosure pursuant to the exemptions described in and for the reasons stated in Part li, B, C, and D. Any released portions of the documents for which only part of the record is being withheld are being made available for public X inspection and copying in the NHC Public Document Room,2120 L Street, N.W., Washington, DC in a folder under this FOIA number. COMMENTS M* [ - aM & r l l
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FOI A PdVMBERts) DATE RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST (CONTINUATION) FOIA -9/-39J ACT 1619% PART 11.8- APPLICABLE EXEMPTIONS I Records subject to the request that are described in the enclosed Appendix (es) Exemption No.(s) and fo the reason (s) given below pursuant to 5 U.S.C. 552(b) and 10 CFR 9.17(a) of NRC regulations.are bein
- 1. The withheld mformation es properly classified pursuant to Executive Order. (Exemption 1)
- 2. The withheld mformateon relates solely to the mternal personnel rules and procedures of NRC. (Exemption 2) 3 The withheld mformation is specifically esempted from public disclosure by statute indicated. (Exemption 3)
Sections . . _ . 141445 of the Atomic Energy Act, which prohibits the desclosure of Restocted Data or Formerly Restncted Data (42 U.S.C. 21612165). Section 147 of the Atomic Energy Act, which prohibits the disclosure of Unclassified Safeguards information (42 U.S.C. 2167).
- 4. The withhered oformation as a trade secret or commercial or financial information that is being withheld for tho reasonis) indicated (E
. xemption 4)
The mformateon is considered to be confidential buseness 4propnetary) information The information is consedered to be propnetary enformation pursuant to 10 CFR 2 790ldi(It The mformation was submitted and received in confidence pursuant to 10 CFR 2 790ccH *J
- 5. The withheld mformation consists of mteregency or miringency records that are not available through discovery during litigation (Exemption 5). Applicable Privilege:
Deliberative Process Disclosure of predecisional mformation would tend to mhibit the open and frank enchanQe of ideas essential to the d i erative process Where records are withheld m their entirety. the f acts are sneathcably mtertwined with the predecesionalmformation portions because the release of the facts would permet an anderect inquiry mto the predecisional process of the agency u There also Attorney work product privilege dDocuments prepared by an attorney m contemplation of i litryatior p Attorney client privilege (Confidential commumcations between an attorney and his/her client.)
- 6. The withheld information is enempted from public disclosure because its disclosure would result in a clearly (Exemption unnerranted
- 6) invasion of perso 7
The withheld information consists of records compiled for law enforcement purposes and is being withheld for the reason (Exemption 7) (s) mdecated m,4 Ik M
Disclosure coald reasonably be espected to interfere with en enforcement proceed ng because it could reveal the scope, direction and focus of enforcement from mvestigators.efforts, and7 (All (Exemption thus could possibly allow recensents to take action to shield potential wrongdomg or a violation of NRC requerements Desclosure would constitute an unwarranted invasion of personal privacy. (Ememption 7(Cl) 71 r
confidential sources. (Enemption 7 (DI)The information consists of names of indeduals and other mtormation the disclosure of which could fesson i entities of OTHLH I
PART 11. C-DENYING OFFICIALS Pursuant to 10 CF R 9 25(b) and or 9 25(c) of the U S Nuctear Regulatory Comm ss on regutat ons, it has been determined that the mformat duction or desclosure, and that its production or disclosure is contrary to the pubhc mterest ron wrthheld is exempt from pro-off.cials for Operar:onsand (EDO)the D, rector. D v.seon of Freedom of informat on and Pubhcapons Services. Of fice of Administrahon. for any dent i
DENYING OFFICIAL Tif LE < OFFICE RECORDS Of NIED APPELLATE OFFICIAL Y _
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The denial by each denying official attentified m Part If.C may be appealed to the Appettate Off cial identif ed there. Any such appeal must be i
' Regulatory of th reasonable charges incurred in searching for or copying the requested records upon presentation of an invoice accompanying the records. If these fees are -
to exceed $1000.00, please contact the undersigned right away. Independent of our commitment to pay reasonable fees, we request that you waive or reduce any such fees pursuant to 32 C.F.R.
6 701.4(d)(1). <
We would appreciate receipt of the requested records as soon as possible. Our client has an emergent need for the recortis requested. If you have any questions about this request, please call me. Thank you in advance for your assistance in this matter.
Sincerely,
, John T. Van Gessel Senior Counsel 708-218-1638 cc: Wilson Horde, Esq.
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Hon. Ivan Salin Chairman Nuclear Regulatory Connission Washington, D.C. 20555 1
Dear Mr. Selin:
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on February 20, the Committee on Interior and Insular Affairs held an oversight hearing to examine the disposal of radioactive contaminated waste from Department of Energy (DOR) weapons complexes. Testimony from the DOE, incinerator companies and a DOE contractor revealed that between 1980 and 1991, the DOE failed to regulate the radioactive content of hazardous waste released for . offsite disposal. Instead, each DOE contractor established its own abelow-regulatory-concern" policy. The DOE confirmed that special nuclear and byproduct materials had been shipped to seven treatment, storage and disposal (TSDs) facilities, with three more suspected of receiving contaminated waste. These facilities did not have the requisite permits to handle this waste. Although the DOE has so far investigated only shipments from
'Cak Ridge, thousands of tons of hazardous waste have been released by DOR complexes throughout the country. Several agreement states are currently conducting investigations into possible violations of the Atomic Energy Act. Given the NRC's responsibility to enforce the law in non-agaceement states, please provide the Committee with responses to the following questions:
o When did the NRC first learn that unlicensed TSDs had been handling special nuclear and byproduct materials from DOE weapons complexes? How did the NRC learn of these shipments? o Has the NRC investigated possible violations of the Atomic Act by TSDs receiving vaste from DOB complexes? Please provide full and complete details of all investigations. 4/2...To EDO to Prepare Response for Signature of Chairman ...Date dus Coma: April 13...Cpyn to: Chairman. Comrs. OGC, OCA to Ack. RF.. 92-0274
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14:15 No,010 P.C3 5 Hon. Ivan selin April 1, 1992 2 Page 2 o What procedures has NRC put in place to make certai n that DOE does unlicensed not ship nuclear and byproduct waste facilities? o t in place occur in theto future? make certain that such shipments do nocW o { Atomic Energy Act la currently being enforced? e I than 5:00 pm, April 17,Please supply this information to the committee 1992. ater Boddington of the Committee staff enIf you or your staff alla has any1 226-0200 . Thank you for your assistance. I l 0 GEORGB MILLE I $bf'* Chairman cc Renerable Don Young Honorable Peter Kostmayer Honorable John J. Rhodes, III e som )
t 1 1 I l l i Dcoument Number 181 s 1
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6""* Ullll" April 1, 1992 g miasma,n,,,a,s I.E.E25ll=.a Hon. Ivan Selin - Chairman Nuclear Regulatory Commission l Washington, D.C. 20555
Dear Mr. Selin:
On February 20, the Committee on Interior and Insular f Affairs held an oversight hearing to examine the disposal o (DOR) radioactive contaminated waste from Department of Energy weapons complexes. incinerator companies and a DOE Testimony from the DOE, the DOR failed to d for contractor revealed that between 1980 and 1991, regulate the radioactive Instead, eachcontent of hazardous DOE contractor waste established itsrelease offsite disposal. The DOE confirmed that d to seven abelow-regulatory-concern' policy. i own special nuclear anddisposal byproduct f acilit.ies, materials These with had been three sh ppe treatment, storage and (TSDs) facilities l more suspected of receiving contaminatedfrom waste.did l Although the' DOB has so far investigated have beenonly shipments Oak Ridge, thousands of tons of hazardous wasteSeveral i into released by DOR complexes throughout Given the NRC's the cou es, please possible violations of the Atomic Energy Act. l i g questions: provide the Cormnittee with responses had to the l o When did the NRC first learn that unlicensed from DOE weapons complexes? these shipments? , h l ? o Has the NRC investigated possible violatio l Please provide full and complete details of al investigations. coa a I c e nW- o dr u s n
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I 2 Hon. Ivan Salin April 1, 1992 Page 2 o What procedures has NRC put in place to make certain that DOE does not ship nuclear and byproduct. waste toWhat procedures sh unlicensed facilities? in place to make certain that such shipments do not occur in the future? o What AtomicotherEnergy action Act is has the NRC currently being taken to ensure that the enforced? Please supply this information to the Committee no later than 5:00 pm, April 17, 1992. If you or your staff has any questions, 226-0200. please contact Celia Boddington of the Committee staff on Thank you sor your assistance.
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0 l\ GEORGE MILLE Chaiman cc Honorable Don Young Honorable Peter Kostmayer ,
- Honorable John J. Rhodes, III t o .=r 2 I c e nM -o an sn
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