ML20132D066
| ML20132D066 | |
| Person / Time | |
|---|---|
| Issue date: | 07/18/1985 |
| From: | Jenny Murray NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Rose J ROSE, J.B. |
| Shared Package | |
| ML20132D068 | List: |
| References | |
| NUDOCS 8507310170 | |
| Download: ML20132D066 (2) | |
Text
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UNITED STATES 8' "t NUCLEAR REGULATORY COMMISSION '
WASHINGTON, D. C. 20555 !
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\ ,, .! '. i July 18, 1985- ,
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^ 4 CERTIFIED MAIL ,
Jeffrey B. Rose '
Attorney at Law . .
173 West Madison Street , ,
'I Suite 1004 Chicago, Illinois 60602 .
v Re: Zinovy'V. Reytblatt Dear Mr. Rose ['
On May 7,1905, we-received your request that we reconsider our denial of Dr. Reytblatt's.< claim. In support of your request you submittad Dr. Reytblatt's affidavit in which he denied that he gave his permission to Eh'Gunter Arndt and Edward C. Shomaker of NRC to submit a document entitled "Coctainment Leak Rate Testing Requirements" to Oak Ridge National Laboratory (ORNL). His denial is contradicted not only by the affidavits of Dr. Arndt and Mr.
Shomaker, but also by Dr. Reytblatt's letter to Dr. Arndt dated May 23, 1983, and Dr. Arndt's notes of the meeting on May 5, 1983.
In his letter dated May 23, 1983, Dr. Reytblatt submitted a formal request under 10 CFR 2.790 that proprietary information contained in amended parts of the " Containment System Leakage Testing Requirements" be withheld. He specifically stated, "This material is for your internal use and/or use of designated contractors and may be used only for the ,
purpose of evaluation as stated in my letter of"Apyl. 7 -
b-1983." s s s ;_s .
In his letter dated April 7, 1983, Dr. Reytblatt authorized a limited usags of the document in question consisting of " review, verification in no more.
than 3 tests ard reproduction in no more than 10 copies exclusively for the NRC domestic,use." Dr. Reytblatt knew that ORNL was NRC's designated con-tractor and: Mould assist NRC in the review cf the document in question. See Enclosures l', 2 to our letter to you dated March 15, 1985 and the affidavits of Dr. Arndt and Mr. Shomaker, copies of which are attached. Dr. Arndt's notes on the meeting of May 5,1983 show Dr. Reytblatt agreed at that meeting that his version of 56.8 (the document in question) could be sent to ORNL.
As Mr. Shomaker states in his affidavit, Dr. Reytblatt agreed on May 5,1983, that he would make a proprietary claim under 10 CFR 2.790. Arndt and Shomaker agreed that..the NRC would not send the Reytblatt version of 56.8 to ORNL ,
until the proprietary ~ claim and Dr. Reytblatt's specific permission were received. Both were received in Dr. Reytblatt's letter of May 23, 1983.
Dr. Reytblatt's pro'prfetary claim for his version of 56.8 has been honored by 8507310170 850718 POR MISC s 8507310170 PDR
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2-NRC and we find nothing in his affidavit dated April 16, 1985 or the record to persuade us to reach a contrary view.
Dr. Reytblatt's request for reconsideration is therefore denied. This letter constitutes a final denial of Dr. Reytblatt's claim.
If Dr. Reytblatt is dissatisfied with this action, he may file suit in an appropriate U.S. District Court not later than six months after the date of mailing of this notification.
Sincerely, .
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James P. Murray /
Attachments as stated b cc: E. Gunter Arndt .
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