ML20136A917
| ML20136A917 | |
| Person / Time | |
|---|---|
| Issue date: | 03/05/1997 |
| From: | Pugh N NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Babcock R AFFILIATION NOT ASSIGNED |
| Shared Package | |
| ML20136A921 | List: |
| References | |
| FOIA-96-529 NUDOCS 9703100083 | |
| Download: ML20136A917 (4) | |
Text
-
U.S. NUCLEAR REGULATORY COMMisslON NRc FOlA REQUEST NUMBEMS) y .gg FOIA 529 f RESeONsE rvPE g
,,,,e
$[ INFORMATION ACT (FOIA) REQUE RESPONSE TO FREEDOM OF X kHNAL (3rd) l l PARTIAL o^u MAR 0 51997 DOCKET NUMBER (S)(//spp/eca6/e/
T.E OUESTE R Ralph Babcock PART 1.-AGENCY RECORDS RELEASED OR NOT LOCATED (See checkedboxes)
No agency rec ~ords subject to the request have been located.
No cdditional agency records subject to the request have been located.
l Requested records are available through another public distribution program. See Cornments section, l Agency records subject to the request that are identified in Appendix (es) are already available for public inspection and copying at the l NRC Public Document Room,2120 L street, N.W., Washington, DC.
Agency records subject to the request that are identified in Appendix (es) are 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 FOIA number.
1 he 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 N RC 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 Room identified in the Comments section.
Enclosed is mformation on how you may obtain access to and the charges for copy ng records located at the NRC Public Document Room,2120 L Street, N.W., Washington, DC.
Agency records subject to the request are enclosed.
X Records subject to the request have been referred to another Federal agency (ies) for review and direct response to you. DOE X Fees You will be billed by the NRC for fees totaling s X You will receive a refund from the NRC in the amount of s 124.05 in virw of NRC's response to this request, no further action is being taken on appeal letter dated , No.
PART ll. A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Cartlin 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 i;bs!.,; c.t5 held are being made available for public X inspection and copying in the NRC Public Document Room,2120 L Street, N.W., Washington, DC in a folder under this FOI A number.
COMMENTS Copies of the releasable portions of the records identified on Appendix D are enclosed.
The fees for processing your request are:
1 hr. professional search 9 $33.30 per hr. = $33.30 4 hrs. clerical search 0 $15.79 per hr. = $63.16 l,, [ (i 8 hrs, professional review 0 $33.30 per hr. = $266.40 l' 1 hr. clerical review $ $15.79 per hr. = $15.79 Duplication of 1 s319 pages 0 $0.20 per page = $263.80 TOTAL = $642.45 6 l I
ll (LESS ADVANCE PAYMENT OF $766.50) = $124.05 I
i You will receive a refund in the amount of $124.05
, n m U-sic - ' LcTOR. Div fR INFO Tp AND PUBLICATIONS SERVICES MA - 1 .
M~ ,
m.v
- gy{% h k; $^Q n )
l, ., < 1 +
gf -
<l
\
hk$ M;l c '
9 k00d83970305 FOIA lElR$EM,EE.IN !
I i
' PDR c m
~__.. BABCOCK 96-529 PDR '
. A.
l Us.nnou aan io. n einii
FOIA NUMBEile(s) DATE RESPONSE TO FREEDOM OF INFORMATION ACT (FOlA) REQUEST FOIA 529 MAR 0 51997 (CONTINUATION) l PART H.8- APPLICABLE EXEMPTIONS Records subject to the request that are described in the enclosed Appendix (es) D.E are being withheld in their entirety or in part under the Ememption No.(s) and for the reason (s) given below pursuant to 5 U.s.C. 552(b) and 10 CF R 9.17(a) of N RC regulations.
- 1. The wrthheld anformation is property classefeed pursuant to Executive Order. (Exemption 1)
- 2. The withheld mformatum relates solely to the antemat oersonnel rules and proceduree of NRC, (Exemption 2) l l3. The withheld anformation is specifcally esempted from pubic disclosure by statute indcated. (Exemption 3)
Sections 141145 of the Atomic Energy Act, which prohibits the disclosure of Restricted Data or Formerly Restricted 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).
l l4. The withheld enformation se a trade secret or commercial or fmancial mformation that is bemg e hheld for the reason (s) indicated. (Exemption 4) i The mformation as considered to be confidential business (proprietary) mformation f
f The mformation is considered to be proprietary snformation pursuant to 10 CFR 2.790tdHil The mformation was submrtted and received m confidence .,ursuant to 10 CFR 2.790io.'h j 5. The withheld information consists of mieragency or r'.,aagency records that are not availabie thrego dis overy durmg litigation (Exemption 5). Apphcable Privilege:
i Deliberative Process: Dis;losure of predecise, rial information would tend to inhibit the open and frs% exchange of adcas essential to the deliberative process Where records are withhi rid m their enterety the f acts are mentricably mtertwmed with the predecision il mformation There also are no reasonably segregable f actual porteons because the reis ase of the f acts around permit an mdaract mouiry ento the predecisional pro ,ess of the agency Attorney work product p'evilege (Docur sents prepared by an attorney m contemplation of litigatica 1 l Attorney-client privilege. (Canfidential #%mmuncations between an attorney and his/her client.)
6, The withheld mformation is exempted from public disclosure because its disclosure would result it' a clearly unwarranted mvasion of personal privacy (E memption 6)
J X a
- 7. The withheld mformation consists of records compiled for law enforcement r.irposes and is being withheld for the reason (sl mdicated. (Exemption 7)
Disclosure could reasonably be expected to interfere with an enforcement pro. eedmo because it could reveal the scope. direction. and focus of enforcement efforts, and thus could possibly allow recipients to take action to shield potential wrongdomg or a violation of NRC requirements from mvestigators. (E xemption 7 ( All
! Disclosure would constitute an unwarranted mvasion of personal privacy. (ixemption 7(C))
1 The mformation consists of names of individuais and other mformation the declosure of which could reasonably be enoected to revealidentities of confidential sources. (Exemption 7 (D))
OlHLA l PART 11. C-DENYING OFFICIALS Pursuant to 10 CF R 9 25(b) awor 9 25(c) of the U.S. Nuclear Regulatory Commission regulations it has been determined that the information withheld is exempt from pro- l duction or disclosure, and that its production or disclosure is contrary to the public mierest. The persons responsible for the dental are those offecials identified below as denymg officials and the D. rector, Division of Freedom of Information and Pubhcations Services. Of fice of Administration, for any den.ais that may be appealed to the Executive Director for Operations (E DO)
DENYING OFFICIAL TITLE /OF FICE RECORDS DENIED APPELLATE OFFICIAL l
Em Regional Administrator Appendix D SECRETARY 10 X
IA..BillBeaCh RIII Associate General Counsel for lStephenG. Burns Hearings, Enforcement and Appendix E x i Administration I l
l 1
i I PART 18. D- APPEAL RIGHTS i l j The d)nial by each denying officlal identified in Part ll.C may be appealed to the Appellate Official identified there. Any such appeal must be made in writing withm 30 days of receipt of this response. Appeats must be addressed, as appropriate,to the E xecutive Director for Operations, to th6 Secretary of the Commission. or to the Inspector General, U.S. Nuclear Rgalatory Commission, Washington, DC 20555, and should clearly state on the envelope and m the letter that it is an Appeal from an initial FOI A Decision."
NRC FORM 464 (Part 2) (1-91) U.S. NUCLEAR REGULATORY COMMISSION l
e W
Re:- FOIA-96-529 APPENDIX D RECORDS BEING WITHHELD IN PART HQ2 DATE DESCRIPTION /(PAGE COUNT)/ EXEMPTIONS
- 1. 5/00/95 Radiological Health and Safety Plan for Building Decontamination / Decommissioning at Harshaw Chemical Site Plant-C (74 pages)
(Exemption 6) l
- 2. 5/00/95 Engelhard Health and Safety Plan (159 pages)
(Exemption 6) j i
- 3. 11/22/95 Memo to D. Funk from J. McCormick-Barger re:
Allegation No. RIII-95-A-0117 (25 pages)
(Exemption 6) ;
i
)
1 l
1 l
l i
s
t U
e Re: F01A 96 529 APPENDIX E RECORDS BEING WITHHELD IN THEIR ENTIRETY NO. DATE DESCRIPTION /(PAGE COUNT)/ EXEMPTIONS
- 1. 6/30/93 Memorandum for John Austin from Robert Fonner.
Subject:
Regulatory Authority Over Chevron Site in Cleveland. Ohio (1 page) EX. 5 ATTORNEY CLIENT l
T .
s.
TheTravelers?
The Travelers Companies Special Liability Coverage Unit 26555 Evergreen Road Law Department Southfield, MI 48076-4385 December 12, 1996 M MI Cane M Td -5A 9 Dene Rec'tt /A -U-%
Ac6on Off: &/
Nuclear Regulatory Commission U.S.
Chief Russell Powell/FOIA-LPDR Branch U Mail Stop T6D8 Washington, D.C. 20555-0001 Policyholder: Gulf Oil Corp.
Site: Cleveland (Building C) 1000 Harvard Ave.
Cleveland, OH
Dear Chief Powell:
Under the Freedom of Information Act, I am requesting access to information on the above captioned policyholder and site.
The Travelers Insurance Company is currently involved in an on-going investigation concerning contamination problems at the Cleveland (Building C) site.
It is ou'r understanding that the Cleveland site consists of a structure known as Building C. This building was built and added to from 1945 to 1949. Building C was one of the ' primary buildings used for the manufacture of uranium hexafluoride (UF6) during the Manhattan Engineering activities conducted by the Atomic Energy Commission in the 1940s and 1950s. The site processed uranium oxide powder into uranium fluoride gas. The Atomic Energy Commission maintained control of the building and its operations until it was released to Harshaw Chemical Co. in 1960. Harshaw Chemical Co. was a subsidiary of Gulf Oil when Chevron merged with Gulf Oil.
The purpose of this request is to review and obtain copies of all records concerning the site which will provide information ,
concerning the nature of business conducted, waste handling ,
procedures, dates of ownership and occupancy, and the timing of I release of pollutants and details of discovery of contamination at the site.
According to your preference, I can either schedule a trip to Washington, D.C. or your Ohio District Office when the material ;
becomes availab1 fsr review, or if the volume of documents is i very smal1, will vait to receive the information by mail.
l 0 To* r SoLare Hartford. CT 06183
t 9 ,, !
1 December 12, 1996 i Chief Powell Page 2 Please inform me as to which alternative to expect.
1 Please be assured that my company is willing to pay all !
reasonable costs which are incurred. I would cap this request at l
$250. 1 If you would like to discuss this request, I can be reached at the number listed below. Thank you kindly for your attention to this matter.
Sincerely, a
/f AfWC E. Babcock Investigator SLCU/Southfield (810) 423-2315 REB:cm l
1 l
i