ML20133N600

Second Partial Response to FOIA Request for Documents. Forwards Documents Listed in App C Being Made Available in PDR

ML20133N600
Person / Time
Issue date:	01/17/1997
From:	Racquel Powell NRC OFFICE OF ADMINISTRATION (ADM)
To:	Strobel H AFFILIATION NOT ASSIGNED
Shared Package
ML20133N602	List: ML20133N600 ML20133N669 ML20133N686 ML20133N713
References
FOIA-96-398 NUDOCS 9701230347
Download: ML20133N600 (2)

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v.s. avacan nouvLai un v vvmmascavfw NRC f OlA REQUEST NUMBER (S) i

/1/u80 C5 FOIA 398 RESPONSE TYPE I (

RESPONSE TO FREEDOM OF 1 FINAL lJ( l PARTIAL ( 2 g d ')

INFORMATION ACT (FOIA) REQUEST DATE ee.ee DOCKET NUMBER (5)(If apphcable)

REOUESTER Ms. Heidi Strobel PART 1.--AGENCY RECORDS RELEASED OR NOT LOCATED (See checked boxes)

No agency rec ~ords subject to the request have been located.

No additional agency records subject to the request have been located.

Requested records are available through another public distribution program. 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) C are being made available for public inspection and copying X at 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 N RC Local Public Document

Room identified in the Comments section.

Enclosed is information on how you may obtam access to and the charges for copying records located at the NRC Public Document Room,2120 L Street, N.W., Washington, DC.

)( 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 totaling $

You will receive a refund from the NRC in the amount of $

In view of N RC's response to this request, no further action is being taken on appeal letter dated , No.

PART 11. A-INFORMATION WITHHELD 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 P rt it, 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 inspection and copying in the NRC Public Document Room,2120 L Street, N.W., Washington, DC in a folder under this FOIA number. l COMMENTS

• The record identified on enclosed Appandix C is responsive to your request. A copy of this record 1. enclosed.

The review of additional records, which may be responsive to your request, is continuing. You will be notified once this review is completed.

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'OlVI SIGNAT UR E, DIR EC OF F RE OF INFORMATION AND PUBLICATIONS SERVICES

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Re FOIA-96-398 APPENDIX C RECORDS MAINTAINED IN THE PDR UNDER THE ABOVE REQUEST NUMBER NUMBER DATE DESCRIPTION /PAGES

1. 6/13/84 Memo for James R. Shem from Robert F.

Burnett, subject: " Transfer of Nuclear Technology to the People's Republic of China,(PRC)" (1 pg.) attaching Memo for Marvin Peterson from Willard Brown, subject: " Consultants Services for Quinshan Startup - (PRC), (1 pg.)

attaching Memo for Marvin Peterson from William Brach, subject: " Reactor Technology Transfer to PRC," (1 pg.).

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JUL 31 E{TO i ,

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RESEARCHINFORMAr1oMSERVICES,lNC. -

DOCUMENT July 26,1996 RESEARCH &

RETRIEVAL Freedom OfInformation Act Officer

' Headquarters, U.S. Department'of Energy 1000 Independence Avenue, S.W. -

p6 Washington, DC 20585 REQUEST

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RE: Freedom of Information Act (FOIA) Request. Date Rec'd- /o-596

. Action Off: %k Related Case: 'b o &

To FOIA Officer, Pursuant to the Freedom of Information Act ("FOIA"),5 U.S.C., section 522, as amended, I hereby request the following information:

e All records pertaining to the Energy Secretary's determination, under 10 CFR Part 810, dated July, 21, 1987, concerning the application of Stone and Webster Engineering Corporation ("SWEC"), including without limitation the SWEC application referred to in the Secretary's determination, all specific authorization documents provided to SWEC, all records concerning SWEC's capacity to " team" with any other entity pursuant to the authority of that 4

determmation and specific authorization, and all meeting notes and d

correspondence concermng all the foregoing; g e All records dated after January 1,1982, pertaining to any. specific authorization i under 10 CFR Part 810 sought by or granted to Westinghouse Electric Corporation (or l any affiliate thereof) concerning direct or indirect assistance to the production of special nuclear material in the People's Republic of China (whether through manufactunng of nuclear fuel and/or equipment in China or in a third country (e.g., Japan, Spain, Belgiu,m)), including without limitation all records interpreting the scope of such specific authonzation(s), all applications therefor, and all meeting records and correspondence concerning all the foregoing; and ,

2 e All other records pertaining to any determination by the Secretary oflinergy, i dated on or after January 1,1982, under 10 CFR Part 810 pursuant to whicliany person was or is authorized to utilize U.S.-origin technology for the manufacture of nuclear

, power reactors (or their components) or the fabrication of nuclear power reactor fuel, i for ultimate use in the Peo11e's Republic of China (regardless of whether such manufacture / fabrication woulc occur m China or a third country and regardless of whether the authorization covered only China or other countries in addition to China),

including without limitation all records interpreting the scope of such authorizations, all applications therefor, and all meeting records and correspondence concerning all the foregoing.

If this request is denied, I would like a detailed statement of the reasons for withholding the information in question. See Vauchn v. Rosen 484 F.2d 820 (DC Cir.1973), g1L demed,415 US 977 (1974).- I also request the name(s) of the person (s) responsible for denying the request.

MAIN OFFICE s/ 717 D STREETNW, SUITE 200 WASHINGTON, DC 20004 2891

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Q 202-737 7111 800-542-3320 202 737 3324 FAX y i NEW YORK OFFICE LOS ANGELES OFFICE DELA WARE OFFICE SEC OFFICE B00-477 3320 800-766-3320 800 685-3320 600-866-3320 212-3494 646 213-680-1972 302-426-9200 202 347-6666

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, Heidi M. Strobel '

July 26,1996 Page 2 I

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I i In accordance with your regulations and with the terms of the FOIA, I agree to pay all reasonable search and copy charges upon presentation of an invoice, along with the requested j material. I understand that in accordance with the regulations, a response to this request must be made by your office within ten (10) working days of its receipt.

I appreciate your attention to this matter. If you have any questions or problems, please contact

, me at (202) 737-7111.

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• Heidi M. Strobel 3

Director, legal Research l

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Dep:rtm:nt of En:rgy 1,

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@. Washington, DC 20585 October 2, 1996 Mr. Russell A. Powell NF0lA/PA REQUEST

Chief, FOIA/LPDR gg 4 g-

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Division of Freedom ofInformation l and Publication Services f.

tica Off- N Rn' Cw- N U.S. Nuclear Regulatory Commission j Washington, D.C. 20555

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Dear Mr. Powell:

i Enclosed is a Freedom ofInformation Act request from Ms. Heidi Strobel and our response of September 25,1996. Ms. Strobel is seeking records pertaining to determinations made by the  ;

Secretary of Energy, pursuant to Department of Energy regulation 10 CFR, Part 810, for United  !

i States companies to eng~;e in nuclear activities in the People's Republic of China. Documents being sought in this request are similar to earlier requests that were forwarded to your agency for j

response from Tim Peckinpaugh (May 1995), Jay Baylon (March 1995), and Woody Voinche l (June 1995). '

We have informed Ms. Strobel that your agency will respond directly to her regarding any l

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records originated by your agency falling within the scope of her request. We would appreciate receiving a copy of your response to Ms. Strobel.

Your cooperation and assistance in this matter are appreciated.

1 Sincerely, f,

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Trisha Dedik i Director j

Export Control Division Office of Arms Control and Nonproliferation Enclosures i

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Department o Energy -

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September 25,' 1996 Ms. Heidi M. Strobel Director, Legal Research Research Information Services, Inc.

717 D Street, N.W.

• Suite 200 Washington, D. C. 20004-2891

Dear Ms. Strobel:

Your Freedom ofInformation Act (FOIA) request of July 26,1996, to the U. S. Department of Energy (DOE) has been referred to this office for reply.

In your letter you request, amor.g other things, records on Part 810 determinations for the People's Republic of China (PRC) after January 1,1982. In this regard, I wish to point out that specific determinations by the Secretary of Energy authorizing nuclear cooperation with the PRC were suspended in February 1990. With the passage of Public Law 101-246, the Secretary of Energy was precluded from authorizing assistance to the PRC under Section 57b.(2) of the Atomic Energy Act of 1954 through its implementing regulation,10 CFR, Part 810. As a result, r there have been no further Part 810 authorizations granted for the PRC since 1990.

During the past year, we have had other FOIA inquiries for records similar to that which you have requested. As a result, we have placed, with some exceptions, in the Freedom of Information Reading Room all records pertaining to specific determinations made by the' Secretary of Energy authorizing U. S. firms, such as Westinghouse and Stone & Webster, to engage in specifically authorized activities in the PRC. The Reading Room is located at DOE Headquarters, Room 1E-190,1000 Independence Ave., S.W., Washington, D.C. To insure that you have acces's to all 810 documents in the Readmg Room, it is suggested that you direct your inquiries to Ms. Jennifer Houghton in that office at (202) 586-8050.

Excepted records, i.e., those records falling within the scope of your request that are not in the DOE Reading Room, at this time, are those originated by other Executive Branch agencies or designated as classified for national security reasons, and Stone & Webster's letter of application that led to the July 21,1987, determination by the Secretary of Energy.

Access to Part 810 records originated by other Executive Branch agencies can be requested specifically from each of the agencies involved. I have forwarded your inquiry to the following agencies with a request that each agency respond to you sepsrately: Departments of State, Commerce, and Defense; the Nuclear Regulatory Commission; the Arms Control and m

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, 2 Disarmament Agency; and the Central Intelligence Agency. Any DOE classified records pertaining to Part 810 determinations falling within. the scope of your request have either-been declassified and placed in the Reading Room or are undergoing declassification review.

Once declassified, any such documents will be placed in the Reading Room. Authority for withholding these two categories of records pending declassification review and review by other agencies is set forth in 10 CFR, Part 1004.4(f) and 6(e).

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Records pertaining to Part 810 authorizations granted to Stone & Webster to conduct activities in the PRC are in the Reading Room, albeit, most in redacted form. DOE made,every effort to comply with FOIA regulations to make Stone & Webster's records publicly available, which explains the heavily redacted version of some of these documents now in the Reading Room. As noted above, Stone & Webster's application that led to the Secretary's July 21,1987, determination is not in the Reading Room. Stone & Webster states that the withheld letter of ,

application and the other records before being redacted are proprietary and constitute commercial l information that reflects the corporation's current business development plans for China's nuclear power service market and the types and scopes of services they can offer. As such, they state ,

that the public rel' ease of these records could cause substantial competitive harm by revealing key l elements of business strategy.

DOE agrees with this and has determined that this information is commercial or fmancial information obtained from persons that is privileged or confidential, the release.of which would be likely to cause substantial harm to the competitive position of those persons. It is, therefore, Y exempt from mandatory disclosure pursuant to Exemption 4 of the Freedom ofInformation Act, l 5 U.S.C. section 552(b)(4),10 CFR Section 1004.10(b)(4). His information has been held in confidence by the persons to whom it pertains. It is of a type customarily held in confidence by those persons, and there is a reasonable basis for doing so. He information was transmitted to and received.by DOE in confidence; it is not available in public sources and, as previously stated, disclosure is likely to cause substantial harm to the competitive positions of the persons from whom it was obtained. See 10 CFR Section 1004.11(f).

Discretionary disclosure of this information would not be in the publb interest. Exemption 4 protects information implicating private commer cial interests that is not ordinarily subject to discretionary FOIA disclosure. In addition, the Trade Secrets Act,18 U.S.C. section 1905, a criminal statute effectively prohibiting the unauthorized disclosure of all data protected by Exemption 4, prohibits discretionary :clease of this information since no other law authorizes its release. .

The Denying Oflicial for this determination is Kenneth N. Luongo, Senior Advisor to the Secretary for Nonproliferation Policy and Director of the Office of Arms Control and Nonproliferation.

Should you wish to appeal this decision, your written appeal should be sent within 30 working days of your receipt of this letter to the Director, Office of Hearing and Appeals, HG-1, U. S.

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i j Department of Energy,1000 Indeph Avenue, S.W., Washington, D.C. 20585. The written  ;

j appeal, including envelope, must clearly indicate that a Freedom ofInformation appeal is being l

. made, and the appeal must contain all other elements required by Title 10, Code of Federal

Regulations,'Section 1004.8. Judicial review will thereafter be available to you

(1) in the  !

district where you reside; (2) where you have your principal plrce of business; (3) where the DOE records are situated; or (4) in the District of Columbia.

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Sincerely, l

NL l Kenneth N. Luongo .

l Senior Advisor to the Secretary

! forNonproliferation and Policy and

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' Director of the Office of Arms Control

and Nonproliferation i

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