ML20129B652

Further Response to FOIA Request Re Migration of Radioactive Kerosene at West Valley,Ny Burial Ground.Documents Listed in App B Withheld (Ref FOIA Exemption 5)

ML20129B652
Person / Time
Site:	West Valley Demonstration Project
Issue date:	03/12/1985
From:	Felton J NRC OFFICE OF ADMINISTRATION (ADM)
To:	Resnikoff M Sierra Club
References
FOIA-84-905 NUDOCS 8506050288
Download: ML20129B652 (2)

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MAR 12 M Mr. Marvin Resnikoff, Co-Director Sierra Club Radioactive Waste Campaign Box 92 IN RESPONSE REFER Blairstown, NJ 07825 TO F01A-84-905

Dear Mr. Resnikoff:

This is in further response to your letter dated December 3, 1984, in which you l requested, pursuant to the Freedom of Information Act (F0IA), copies of records related to the migration of radioactively-contaminated kerosene i at the NRC licensed burial ground at West Valley, New York, t

l The documents listed on the enclosed Appendix B are being withheld from public disclosure 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. These documents contain information presenting predecis~ional advice, opinions, recommendations, assumptions, and conclusions with regard to the draft Task-2 report. The final Task-2 report

, is expected to be compl.eted by the end of March. A copy will be forwarded to you when it is available.

Pursuant to 10 CFR 9.9 of the NRC's regulations, it has been determined that the information withheld is exempt from production or disclosure, and that its' production or disclosure is contrary to the public interest. The persons '

i responsible for this denial are the undersigned and Mr. John G. Davis, Director, j Office of Nuclear Material Safety and Safeguards.

l This denial may be appealed to the NRC's Executive Director for Operations within 30 days from the receipt of this letter. As provided in 10 CFR 9.11, any such appeal must be in writing, addressed to the Executive Director for Operations, U.S. Nuclear Regulatory Comission, Washington, DC 20555, and should clearly state on the e'nvelope and in the letter that it is an " Appeal from an Initial FOIA Decision."

! This completes NRC's action on your request.

Si rely, h

M. Felton, Director '

Division of Rules and Records Office of Administration

Enclosure:

As stated g

k50 850312 RESNIMDB4-905 PDR

Re: FOIA-84-905 APPENDIX B l

1. 12/84 Draft Task-2 report entitled "Research Plan for ,

Investigating Radionuclide Migration at the West Valley  !

Facility Disposal Area." (111 pages)

2. undated Draft sections of report entitled "Research Plan for Investigating Radionuclide Migration at the West Valley Facility Disposal Area," Executive Sumary, Table of Contents, Conclusions and Recomendations, and References. (29 pages) r r

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. 74 Elmwood Avenue, Buffolo,.New York 14201 o 716 884-1000 228 Enst 45th Strael, New York, New York 10017 o 212487+2950 December 3, IMIEDOM OF INFORMATION Freedom of Information Act Officer U.S. Nuclear Regulatory Commission I REQUEST Washington, D.C. 20555 Y786

Dear Sir / Madam:

6he 'O-Mr Under the Freedom of Information Act (5 USC 552), the Sierra Club Radioactive Waste Campaign requests are memoes, documents, reports and corres-pondence related to the migration of radioactively-contaminated kerosene at the NRC-licensed burial ground at West Valley, New York. In particular, the Campaign requests a copy of draft ORNL Task 1 and Task 2 reports, including the "Research Plan for Investigating Radionuclide Migration at the West Valley Facility Disposal Area," referred to in Memoes dated Sept. 6 and Sept. 21, 1984 to Leland C. Rouse, Chief, Advanced Fuel and Spent Fuel Licensing Branch, and all correspondence between Mr. R. Perizek and the Nuclear Regulatory Commission.

Over li months ago, Mr. Rouse and Mr. A.T. Clark agreed to supply the ORNL reports, but since tnis has not happened, the Campaign now wishes to obtain this more inclusive list of materials under the FOIA.

Since the Campaign is an non-profit environmental organization operating in the public interest, we wish the standard copying fee to be waived.

It is our understanding that the NRC has ten business days to respond to this request from the date of receipt. Thank you for your consideration of our request.

cc: L. Finaldi Sincerely yours, arvin Resnikoff, Co-Director Sierra Club Radioactive Waste Campaign Box 92 Blairstown, NJ 07825 j

201/841-9529

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