ML20134A564

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Final Response to FOIA Request for Specified Records. Portions of Records Listed on App C Available in Pdr. Portions of App C Documents Withheld (Ref FOIA Exemption 4)
ML20134A564
Person / Time
Site: 07001113
Issue date: 10/29/1985
From: Felton J
NRC OFFICE OF ADMINISTRATION (ADM)
To: Ratner M
RATNER, M.G.
Shared Package
ML20134A567 List:
References
FOIA-85-598 NUDOCS 8511070410
Download: ML20134A564 (2)


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'o UNITED STATES 8 o NUCLEAR REGULATORY COMMISSION .

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eer n a Mozart G. Ratner, Esquire 1900 M Street, NW Suite 610 IN RESPONSE REFER Washington, DC 20036 TO F01A-85-598

Dear Mr. Ratner:

This is the final response to your letter dated August 23, 1985, in which you requested, pursuant to the Freedom of Information Act (F0IA), copies of six specified records.

Portions of the records listed on the enclosed Appendix C are being placed in the Nuclear Regulatory Comission's (NRC) Public Document Room (PDR),

1717 H Street, NW, Washington, DC 20555. You may obtain access to these records by requesting PDR folder F01A-85-598 under your name.

The denied portions of the records listed on Appendix C contain information which identifies procedures for safeguarding licensed special nuclear material at a licensed facility. This information is considered commercial or financial (proprietary) information pursuant to 10 CFR 2.790(d) and is being withheld from public disclosure pursuant to Exemption (4) of the F0IA (5 U.S.C. 552 (b)(4)) and 10 CFR 9.5(a)(4) of the Commission's regulations.

Pursuant to 10 CFR 9.9 of the NRC's regulations, it has been determined that the infonnation withheld is exempt from production or disclosure, and that its production or disclosure is contrary to the public interest. The persons responsible for this denial are the undersigned and Mr. John G. Davis, Director, Office of Nuclear Material Safety and Safeguards.

This der.ial 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 Commission, Washington, DC 20555, and should clearly state on the envelope and in the letter that it is an " Appeal from an Initial F0IA Decision."

This completes action on your request.

Sinc ely, I'

J. M. Felton, Director Division of Rules and Records Office of Administration

Enclosure:

As stated 4

8511070410 851029 PDR FOTA RATMER85-598 PDR

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l Re: F01A-85-598

} APPENDIX C PORTIONS OF RECORDS DENIED - FOIA EXEMPTION (4) ,

1. 02/21/85 Letter from Stohr, to Lees, subject: Report No. 70-1113/85-01 (2 pages) - Release j a. Enclosure 1: Notice of Violation (2 pages) Ex.4

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b. Enclosure 2: Inspection Report No. 70-1113/85-01 4

(5 pages) Ex. 4

2. 06/12/85 Letter from Barr to Lees, subject: Report No. 70-113/85-06 i

(1 page) - Release

a. Enclosure 1: Inspection Report No. 70-1113/85-06 3 (5 pages) Ex. 4
3. 07/12/85 Letter from Barr to Lees, subject
Report No. 70-113/85-08 l (1 page) - Release  ;

i a. Enclosure 1: Inspection Report No. 70-1113/85-08

.I- (9 pages) Ex. 4 I ,

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1 L AW OFFICES MOZART G. RATN ER, P. C.

190 0 M ST R E ET, N. W.

SUITE 610 MOZART G. RATNER WAS HI N GTON, D. C. 2 O O3 6 AREA CODE 202 223-9472 August 23, 1985 FR=EDOM OF kNFORMATtON Mr. Joseph Felton ACT REQUEST Division of Rules and Records Office of Administration

[f g -[g Nuclear Regulatory Commission Washington, D. C. 20555 lg [ Q 7 ((

Re; Ratner and Schiller v General Electric Company (2.206 Proceeding)

Dear Mr. Felton:

In connection with the above-captioned matter, I request that you furnish me, as soon as possible, with a copy of each of the following, which are absent from the PDR file because classified 2.790, or for some other reason.

1. Inspection Report 70-1113/85-07, May 13, 1985
2. Inspection Report 70-1113/85-05, May 14, 1985
3. Inspection Report 70-1113/85-06, June 12, 1985
4. Fundamental Nuclear Control Plan Revisions, June 24, 1985
5. Inspection Report 70-1113/85-01, July 12, 1985
6. Inspection Report 70-1113/85-08, July 12, 1985 Very truly yours,

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L G, Mozart G. Ratner MGR/hej cc: James Lieberman, Esq. I Ms. Patricia Norry  !

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FEB 21885 General Electric Company ATTN: Mr. Eugene A. Lees, General Manager Nuclear Fuel Manufacturing Department P. O. Box 780 Wilmington, NC 28402 Gentlemen:

SUBJECT:

REPORT NO. 70-1113/85-01 On January 14-17, 1985, NRC inspected activities authorized by NRC License No. SNM-1097 for your Wilmington facility. At the conclusion of the inspection, the findings were discussed with those members of your staff identified in the enclosed inspection report.

Areas examined during the inspection are identified in the report. Within these areas, the inspection consisted of selective examinations of procedures and representative records, interviews with perso~nnel, and observation of activities in progress.

The inspection findings indicate that certain activities violated NRC require-me n t s'. The violations, references to pertinent requirements, and elements to be included in your response are presented in the enclosed Notice of Violation.

In accordance with 10 CFR 2.790(d) and 10 CFR 73.21, safeguards activities and security measures are exempt from public disclosure; therefore, the enclosures to this letter, with the exception of the report cover page which presents a nonexempt summary, will not be placed in NRC's Public Document Room.

The responses directed by this letter and the enclosures are not subject to the clearance procedures of the Office of Management and Budget issued under the Paperwork Reduction Act of 1980, PL 96-511.

Should you have any questions concerning this letter, please contact us.

Sincer y,

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J. Philip Stohr, Director Oivision of Radiation Safety Q and Safeguards

Enclosures:

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AksY$b ,Rrn' General Electric Company 2 FEB 211985

Enclosures:

1. Notice of Violation (Exempt from Disclosure)
2. Inspection Report No. 70-1113/85-01 (Exempt from Disclosure) cc w/ encl:

C. M. Vaughan, Manager Regulatory Compliance i s a

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