ML20137G991

Second Final Response to FOIA Request for Documents.Records Subj to Request Encl in App C.App D Records Withheld in Entirety (Ref FOIA Exemption 5)

ML20137G991
Person / Time
Issue date:	03/25/1997
From:	Reed C NRC OFFICE OF ADMINISTRATION (ADM)
To:	Lischeske C CALIFORNIA, STATE OF
References
FOIA-96-457 NUDOCS 9704020025
Download: ML20137G991 (4)

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W j RESPONSE TO FREEDOM OF RESPO)tSE TYPE W NA' M"f l I PARTIAL j

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PART 1.-AGENCY RECORDS RELEASED OR NOT LOCATED (SeechecAedboaes/

No agency records subject to the request have been located. 1 1

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

Requested records are available through another pubhc distribution program. See Comments section.

Agency records subject to the request that are identified in Appendix (es) are already available for pubhc inspection and copying at the I N RC Pubhc Document Room,2120 L Street. N.W., Washington, DC. l Agency records subject to the request that are identified in Appendixles) O are being made available for public inspection and copying at th0 NRC Public Document Room,2120 L Street, N.W., Washington, DC, m 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 staf f is now being made available for public inspection and copying at the NRC Pubhc Document Room,2120 L Street, N.W., Washington, DC, in a folder under this F OI A number.

Agency records subject to the request that are identified in Appendix (es) may be inspected and copied at the N RC Local Pubhc 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., War,hingtor:, DC.

g Agency records subject to the request are enclosed.

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RIcords subject to the request have been referred to anothe F ederal agency (ies[for review and direct response to you. I Fees You will be billed by the NRC for fees totahng $ 7 You will receive a refund from the NRC in the amount of $

in viiw of N RC's response to this request, no fu~.her action is bemg taken on appeal letter dated , No.

PART 16. A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE C:rt*Jn information in the requested records is bein0 withheld from public disclosure pursuant to the esemptions described in ard for the reasons stated in P;rt II, 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 FOI A number, COMME NTS

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, RESPONSE TO FREEDOM OF 4

INFORMATION ACT(FOIA) REQUEST (CONTINUATION)

FOIA -g( 9f/ W 2 5 1997 '

I , PART R.8- APPUCABLE EXEMPTIONS Records subject to the request that are described in the enclosed Appendix (es) are being withheld in their entirety or in part under the I Exemption No.(s) and for the reason (s) given below pursuant to 1 The withheld mformation la property classsfed pursuant to Emacutive Order. (Ememption 1)

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2. The withheld information relates solely to the mternal personnel rules and procedures of NRC, (Exemption 2) l l3. The withheld informetson is specifically enempted from public disclosure by statute irrlicated. (Ememption 3)

Sections 141 146 of the Atomic Energy Act, which prohibits the disclosure of Restricted Date or Formerly Pe:tricted Data (42 U.S.C. 2181-2165).

Section 147 of the Atomic Energy Act, which prohibits the disclosure of Unclassified Safeguards Information (42 U.S.C. 2167).

[ l4. The withheld mformaaon as a trade secret or commercial or imanc!al mformation that is bemg withheld for the reason (s) indicated. (Exemption 4) l i

The mformation is considered to be confidential buseness (propretary) mformat4on. 1 The mformetson is considered to be propnetary mformatson pursuant to 10 CFR 2.790 ldh 1)

The information was submitted and received in confidence pursuant to 10 CFR 2 790tdH2) l /l8. The withheid anformation consists of mterogency or ir trangency records that are not available through discovery dunne litigation (Exemption 6). Applicable Privilege:

Dehberative Process: Osectosure of predecisional mformat#0n would tend to mhibit the open and frank enchange of ideas essential to the delibsprative process. j Where records are withheld m their entirety, the facts are mentricably intertwined with the predecisional mformation. There also are no reasonably segregable f actual pornons because the release of the f acts would permet en indirect enouiry into the predecisional process of the agency )

i Attorney work product parviltwe (Documents prepared by an attorney en contemplation of litigation i Attorney client privilege. (Confidential communications between an attorney and his/her chent.)

6. The withheld mformation is enempted from publec disclosure because its disclosure would result en a clearly unwarranted mvasion of personal pnvacy. (Ememption 6)

7. The withheld mformation consists of records compiled for law enforcement purposes and is being withheld for the reasonis) Indicated (Exemption 7)

Disclosura could reasonably be expected to mterfere with an enforcement proceedmg because it could reveal the 6 cope, direction, and focus of enforcement efforts, and thus could possibly allow recipients to talte action to shield potential wrongdoing or a violation of N RC requirements from investigators. (Ememption 7 ( A))

Disclosure would constitute en unwarranted mvasion of persosial privacy. (Exemption 7(C)) .

The mformation consists of names of mdividuals and other information the disclosure of which could to anonably be espected to reveat identit.es of confidential sources. (Exemption 7 (D))

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OTHER l i

l l PART 11. C-DENYING OFFICIALS Pursuant to 10 CFR 9.25(b) and/or 9.25tc) of the U.S. Nuclear Regulatory Cnmmisaan regulations. it has been determined that the information withheld is exempt from pro.

dueteon or disclosure. and that its production or disclosure is contrary to the pubhc mterest. The persons responsible for the denial are those officials identified below as denymg officials and the Director, Division of Freedom of information and Pubhcations Services. Office of Adn mistration, for any denials that may be appeaied to the Executive Director for Operations (EDOI.

DENylNG OFFICIAL title / OFFICE RECORDS DENIED APPELLATE OFFICIAL l

= M EDo SECRETARY eG l_ N M6 MAsde l

I l PART R. D- APPEAL RIGHTS The denial by each denying official identif ed in Part II.C may be appealed to the Appellate Official identiteed there. Any such appeal must be made in writing within 30 days of receipt tf tWe response. Appeals must be addressed, as appropriate, to the E mecutive Director for Operations, to tne Secretary of the Commission, or to the inspector General, U.S. Nuclaer Regulatory Commisseon, Washington, DC 20555 and should clearly state on the envelope and in the letter that it is an " Appeal from an initial FOl A Decision."

NRC FLRM 464 (Part 2) (1-91) U.S. NUCLEAR REGULATORY COMMISSION

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, Re: FOIA-96-457 4

APPENDIX C l RECORDS BEING RELEASED IN THEIR ENT!RETY N.Q, DATE DESCRIPTION /(PAGE COUNT)  !

1. 06/26/96 Letter to C. Marcus from S. Jackson,

Subject:

DOI decision to  !

delay the transfer of Federal land to the State of California with '

attached draft of letter and concurrence page of letter (3 pages) l

2. 06/26/96 Letter to J. Lemley from S. Jackson,

Subject:

DOI decision to delay the transfer of Foderal land to the State of California with  !

attached draft of letter and concurrence page of letter (3 pages) i

3. 10/11/96 Letter to F. H. Murkowski from S. A. Jackson (1 page)  ;

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, Re: FOIA-96-457 APPENDIX D RECORDS BEING WITHHELD IN THEIR ENTIRETY fEL DAIE DESCRIPTION /(PAGE COUNT)/ EXEMPTIONS ,

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1. 03/14/96 Ward Valley Options (1 page) EX. 5 2, 09/23/96 Memo to Chairman Jackson, et al., from Commissioners Rogers

& Dieus,

Subject:

Letter to Department of Interior Conveying NRC Views Related to Licensing of tha Ward Valley Low Level Waste  !

Disposal Facility with attached draft letter to DOI (4 pages) EX 5 l

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PETE WILSOho, Gowinor SfoTE C LIFCONIA EAL7H AND WELFARE AGENC7 DEPARTMENT OF HEALTH SERVICES 714/744 P STREET P.O. 90X 942732 SACRA NT ,A 94234 73"80 October 24,1996 FOIA/PA REOVEST Ms. Shirley Anne Jackson, Chairman Case No: 94-457 U.S. Nuclear Regulatory Commission Date Rec'd: / /- /,- %

11555 Rockville Pike Mail Stop 16G-15 OWFN W OH- N g g, -

Washington, D.C. 20555 --

FREEDOM OF IMFORMATION ACT REQUEST

DearMs. Jackson:

The U.S. Department of the Interior (DOI) has announced its intention to conduct testing at the site of the proposed Ward Valley low-level radioactive waste (LLRW) disposal facility.

The apparent purpose of this testing is to address issues related to the radiologic safety of the site.

In light of the fact that the U.S. Nuclear Regulatory Commission (NRC) is the federal agency with primaryjurisdiction over matters of radiation safety, m ' cluding the safety of LLRW disposal facilities, it stands to reason that the DOI would have consulted with the NRC prior or subsequent to making this announcement.

Obviously, the State of California has an interest in knowing what communication has occurred betweer. the DOI and the NRC regarding the Ward Valley site. Accordingly, we hereby request, under the provisions of the U.S. Freedom ofInformation Act, copies of all correspondence, memoranda, and other documentation of communications between the NRC and the DOI from January 1,1993 to present which in any way touches on this subject.

Thank you for your assistance in this matter. Please feel free to contact me if you have any questions.

Very truly yours,

~

Carl Lischeske, Chief Low-Level Radioactive Waste Program firin N W W m w __ 19 1 _ _ _ _ _ . __ _ _ . . _ . _ _ . __ _ _ _ _ _

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UNITED STATES a[d f4 i NUCLEAR REGULATORY COMMISSION l

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0- E . WASHINGTON. o c. 205550001 ,

3  :. r Distribution:

• ' June 26, 1996 JTaylor '

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'%*****#[ JMilhoan HThompson i CHAIRMAN JB1aha CPaperiello NMSS ,

RBangart, SP l KCyr, 0GC JKennedy, NMSS i GT96363 Carol S. Marcus, M.D.  :

American College of Nuclear Physicians ED0 r/f California Chapter l

' Box 31 Los Altos, California 94023

I

,' Dear Dr. Marcus-I am responding to your letter of May 14, 1996, regarding the Department of Interior's (DOI's) decision to delay the transfer of Federal land to the State L

of California for the Ward Valley low-level radioactive waste disposal facility until additional testing is performed. It is our understanding that the Dephrtment of Energy (DOE) has agreed to conduct the tests.

The Commission recognizes the importance of establishing a low-level waste i repository facility and the need to achieve the national goals and objectives of the Low-level Radioactive Waste Policy Act. The NRC staff previovly has concluded that California has followed NRC licensing guidelines and tne standard review plan for acceptance and review of the Ward Valley application and that the California staff, advisory committees, and supporting contractual However, we have not been involved in discussions j staff are well qualified.

between the Department of the Interior, the State of California, and the Department of Energy, concerning additional testing at Ward Valley, j particularly the timing of such testing. We would consider providing i i

assistance to these organizations, subject to availability of resources, if  ;

, they so requested and if our involvement would help resolve their concerns. l 1 To date, our assistance has not been requested.  ;

J As you know, we have also, from time to time when called upon, provided  !

technical assistance to the State. The Commission will continue to provide technical assistance to California when warranted and requested.

Sincerely, t

Shirley Ann Jackson

[0riginated By: J. Kennedy, NMSS] 3 L% cqDT &. &

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, Y r no 49 'o UNITED STATES

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t NUCLEAR REGULATORY COMMISSION

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i CHAIRMAN l

4 Carol S. Marcus, M.D.

American College of Nuclear Physicians

! California Chapter Box 31 Los Altos, CA 94023

Dear Dr. Marcus:

l

, i I am responding to your letter of May 14, 1996, regarding the Department of i Interior's (DOI's) decision to delay the tran er of Federal land to the State of California for the Ward Valley low-level adioactive waste disposal facility. DOI has requested that addition testing be performed before the land is transferred; the Department of En gy (DGE) has agreed to conduct the  !

tests. You believe that no further test' g is needed before the transfer of land, and asked that we review this ma er.

The Nuclear Regulatory Commission st ff previously has concluded that l California has followed NRC licens g guidelines and standard review plan for  !

acceptance and review of the Ward alley application, and that the California  :

staff, advisory committees, and upporting contractual staff are well qualified. We have also, from ime to time, provided technical assistance to the State, when called on. T Commission will continue to provide technical

assistance to California whe warranted and requested.

DOI, the State of Californ'a, and DOE have had extensive correspondence and

discussions concerning ad itional testing at Ward Valley, particularly the timing of such testing. NRC has not been involved in those discussions. We would consider providi assistance to these organizations, subject to availability of resour es, if they so requested and if our involvement would help to resolve thei concerns.

The Commission app eciates your interest in the development of new low-level waste disposal ca acity in the United States. I trust that this reply responds to your concern.

Sincerely, Shirley Ann Jackson j

5 4%6}O5-02 % ;O

C Ca~olr S. Marcus, M.D.

' - American College of Nuclear Physicians I . Cal'ifornia Chapter l Box 31 l

. Los Altos, CA 94023

Dear Dr. Marcus:

p I am responding to your letter of May 14, 1996, regarding the Departm t of Interior's (D01's) decision to delay the ti>ansfer of Federal land to he State of California for the Ward Valley low-level radioactive waste disp al l facility. DOI has requested that additional testing be performe efore the land is transferred; the Department of Energy (DOE) has agreed conduct the tests. You believe that no further testing is needed before e transfer of land, and asked that we review this matter.

The Nuclear Regulatory Commission staff previously has co luded that California has followed NRC licensing guidelines and st dard review plan for acceptance and review of the Ward Valley application, d that the California i staff, advisory committees, and supporting contractua staff are well  !

qualified. We have also, from time to time, provid technical assistance to l the State, when called on. The Commission will co inue to provide technical I assistance to California when warranted and reque ted.

i DOI, the State of California, and DOE have had xtensive correspondence and )

discussions concerning additional testing at rd Valley, particularly the l timing of such testing. NRC has not been i olved in those discussions. We i would consider providing assistance to thr. organizations, subject to i availability of resources, if they so re i ested and if our involvement would help to resolve their concerns.

1 The Commission appreciates your inter st in the development of new low-level

waste disposal capacity in the Unit States. I trust that this reply responds to your concern.

Sincerely, Shirley Ann Jackson DISTRIBUTION: ED0 GT96363 Central File DWM r/f MBell JSurmeier JHolonich MFederline NHSS r/f ,

i MWeber- WReamer DGauc SSalomon DWM t/f CPoland JMilhoan HLThompson DMorris JBla a RBangart KCyr LLDP r/f KStablein SECY CRC-96-0543 EDO r/f JTa or proofed by ej 5/30/ %

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0FFIC FAL tECORD COPY PUBLIC: YES NO ,,,,,_ Category: Proprletary _,,,,,,, or CF Only ,,,,,,,

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%4 UNITED STATES e" NUCLEAR REGULATORY COMMISSION j j i WASHINGTON, D.C. 20555-0001 Distribution: f June 26, 1996 JTaylor

%, JMilhoan ,

HThompson CHARMAN JB1aha CPaperiello, NMSS  :

RBangart, SP i KCyr, OCC JKennedy, NMSS Mr. Jack K. Lemley GT96378 i

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Chairman and Chief Executive Officer ED0 r/f American Ecology Corporation 805 W. Idaho, Suite 200 Boise, Idaho 83702-8916 3

Dear Mr. Lemley:

I am responding to your ' letter of May 17, 1996, regarding the implications of the Department of Interior's (D0I's) decisions concerning the transfer of Federal land to the State of California for the Ward Valley low-level radioactive waste (LLRW) disposal facility. The State of California, DOI, i

and the Department of Energy (DOE) have had extensive correspondence and discussions concerning additional testing at Ward Valley, particularly the

timing of such testing. The Nuclear Regulatory Commission has not been involved in those discussions. We would consider providing assistance to i these organizations, subject to availability of resources, if they so j requested and if our involvement would help to resolve their concerns.

The NRC staff previously has concluded that California has followed NRC's licensing guidelines and standard review plan for acceptance and review of i the Ward Valley application, and that the California staff, advisory 4

committees, and supporting contractual staff are well qualified. We have also, from time to time, provided technical assistance to the State, when called on. The Commission will continue to provide technical assistance to i California when warranted and requested.

The Commission appreciates your comments and your confidence in the NRC. We i agree that a stable regulatory framework is highly desirable, and, as we have )

in the past, will consider developments in the low-level waste disposal i

! program in light of our re vonsibility to protect public health and safety and ,

the environment.  !

, Sincerely, Shirley Ann Jackson

[0riginated By: J. Kennedy, NMSS]

. an wozw ge ""**"

a Mr. Jack K. Lemley Chairm a and Chief Executive Officer

. . American Ecology Corporation ,

805 W. Idaha, Suite 200 '

Boise, ID 83702-8916

Dear Mr. Lemley:

I am responding to your letter of May 17, 1996, regarding the implica ons of the Department of Interior's (D01's) decisions concerning the trans r of Federal land to the State of California for the Ward Valley low-le el radioactive waste (LLRW) disposal facility. The State of Califo ia, DOI, and the Department of Energy (00E) have had extensive corresponden and discussions concerning additional testing at Ward Valley, par cularly the timing of such testing. The U.S. Nuclear Regulatory Commis on has not been involved in those discussions. We would consider providin assistance to these organizations, subject to availability of resources if they so requested and if our involvement would help to resolve eir concerns.

DOI has requested that additional testing be perform- before the land is transferred; DOE has agreed to conduct the tests. ou state your concern that DOI's involvement may affect the integrity of est lished LLRW regulatory requirements and future prospects for implementa 1on of the Low-level Radioactive Waste Policy Act, as amended. We ree that a stable legal framework is highly desirable, and, as we hav in the past, will consider developments in the low-level waste disposa program in light of our responsibility to protect public health an safety and the environment.

The NRC staff previously has concluded + at California has followed NRC's licensing guidelines and standard revi w plan for acceptance and review of the Ward Valley application, and that th California staff, advisory committees, and supporting contractual staff ar well qualified. We have also, from time to time, provided technical assis nce to the State, when called on. The Commission will continue to prov' e technical assistance to California when warranted and requested.

The Commission appreciates y r interest in the development of new low-level waste disposal capacity in e United States. I trust that this reply responds to your concern.

Sincerely, Shirley Ann Jackson DISTR BUTION: ED0 GT96378 Central File DWM r/f MBell JSurmeier JHolonich MFederline NMSS r/f HW:ber WReamer D uch SSalomon RBangart JMTaylor NMSS Dir. Off. r/f HLThompson JBlaha orris CPoland LLDP r/f EDO r/f SECY CRC-96-0554 Path & File Name: s * \ dun \lldp\jek\lemley.ltr CP/ PROOFED / JUNE 4, 1996 0FC LLDP* LLDP* LLDP* OGC* TEdit SP* DWM*

NAME JKennedyky PSobei RNelson WReamer EKraus PLohaus MWeber DATE 6/3k6 6/3/96 6/4/96 6/4/96 5/30/96 5/31/96 6/4/96 0FC NMd* DEDO, JDVn OC NAME Cdperiello HThkson FJTay$r SAJackson DATE 06/06/96 6 /tt /1b b /h /9 / /

OFFICIAL RECORD COPY PUBLIC: YES _ X., k0 Category: Proprietary _ or CF only _

ACWW: YES WO X_ IG: YES NO X O CD O /

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• . 4 UNITED STATES

'8 'n NUCLEAR REGULATORY COMMISSION

, ( $ WASHINGTON, D. C. 20555

'+, * * * *

• p 4 CHAIRMAN i

Mr. Jack K. Lemley Chairman and Chief Executive Officer ,

American Ecology Corporation 805 W. Idaho, Suite 200 ,

Boise, ID 83702-8916 l

Dear Mr. Lemley:

I am responding to your letter of May 17, 1996, regarding he implications of the Department of Intericr's (D01's) decisions concerni the transfer of Federal land to the State of California for the Ward V ley low-level radioactive waste G LRW) disposal facility. The Sta of California, DOI, and the Department of Energy (D0E) have had extensive c respondence and discussions concerning additional testing at Ward alley, particularly the timing of such testing. The U.S. Nuclear Regula ry Commission has not been involved in those discussions. We would consi r providing assistance to ,

these organizations, subject to availability resources, if they so requested and if our involvement would help o resolve their concerns.

DOI has requested that. additional testing e performed before the land is transferred; DOE has agreed to conduct t e tests. You state your concern that DOI's involvement may affect the integr ty of established LLRW regulatory .

requirements and future prospects for mplementation of the low-Level j Radioactive Waste Policy Act, as ame ed. We agree that a stable legal framework is highly desirable, and, s we have in the past, will consider developments in the' low-level wast disposal program in light of our responsibility to protect public ealth and safety and the environment.

The NRC staff previously has co.cluded that California has followed NRC's licensing guidelines and stan rd review plan for acceptance and review of the Ward Valley application, and hat the California staff, advisory committees,  ;

and supporting contractual aff are well qualified. We have also, from time l to time, provided technica assistance to the State, when called on. The Commission will continue provide technical assistance to California when warranted and requested.

The Commission appreci tes your interest in the development of new low-level waste disposal capac y in the United States. I trust that this reply responds to your co ern.

Sincerely, '

Shirley Ann Jackson Q dT)TI)&5h W

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UNITED STATES NUCLEAR REGULATORY COMMISSION '-

f WASHINGTON, D.C. 20565 4 001 k 1 .- s te I October 11, 1996 pT j k.....

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.2A o I The Honorable Frank H. Murkowski, Chairman M Committee on Energy and Natural Resources WW United States Senate Washington, D.C. 20510 fj ,g

Dear Mr. Chairman:

I am responding tb your September 19, 1996 letter on the Ward Valley low-level waste facility ' You indicate that consideration is being given to asking the Commission to review the health, safety, and environmental questions raised by the. Department of' Interior for the Ward Valley site. In particular, the Department of Interior would forward its remaining questions to us within 30 days of enacting legislation for our expedited review on the basis of the existing record, and we would be asked to issue a finding within four months of our receipt of tSose questions on whether current provisions adequately protect public health and safety. ,

The Commission can comply with such a request if any such legislation is )

enacted. However, absent additional resources being provided by legis stion, . j we would need to defer other work to make resources available to do the required reviews, although without knowing more about the specific nature and I scope of these reviews, we cannot identify wh.. specific work would have to be

-deferred. Moreover, given the relatively short time provided, we would not be able to involve the public in our expedited _ review. We estimate it would require additional time -- estimated to be on the order of 4 to 6 additional i months -- to obtain, consider, and respond to written comments from the l public.

, If we can be of further assistance on this matter, please do not hesitate to I contact me.

i i Sincerely, ,

1

.A

/'_

Shirley Ann Jackson

[ cc: Sen. J. Bennett Johnston

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