ML20137J997
| ML20137J997 | |
| Person / Time | |
|---|---|
| Issue date: | 12/18/1985 |
| From: | Grimsley D NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Condit R GOVERNMENT ACCOUNTABILITY PROJECT |
| Shared Package | |
| ML20137K001 | List: |
| References | |
| FOIA-85-483, FOIA-85-A-34 NUDOCS 8601230323 | |
| Download: ML20137J997 (1) | |
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UNITED STATES 8
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NUCLEAR REGULATORY COMMISSION y
WASHINGTON, D. C. 20555
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Messrs. Richard Condit and Stephen Kohn Government Accountability Project 1555 Connecticut Avenue, NW, Suite 202 IN RESPONSE REFER Washington, DC 20036 TO F01A-85-A-34 (85-483)
Dear Messrs. Condit and Kohn:
Thi is in further response to your undated letter, which was received by this office on August 27, 1985, in which you appealed the NRC's response to
" F01A-85-483.
In our letter of October 22, we notified you that some documents were still undergoing review by NRC staff. As a result of this review, the following documents are being placed into the Public Document Room in folder F01A-85-A-34 (85-483) under your name.
11/2/82 Letter to N. Palladino from B. Walker, Jr., enclosing letter from Walker to Dow Chemical Co., on proposed movement of radioactively contaminated soil.
6/13/83 Draft, "Admiministrator's Response to Central Michigan l
Citizen's Petition for Investigation and Enforcement Action."
Other documents pertaining to your letter were referred to the Environmental Protection Agency for direct response, and I understand that these have been released to you.
This completes action on your appeal.
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Sincerely, l
///
MA
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Donnie H. Grimsley, Director l
Division of Rules and Records Office of Administration l
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8601230323 051218 l
CONDITGS-A-34 PDR
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GOVERNMENT ACCOUNTABILITY PROJECT 1555 Connecticut Avenue, N.W., Suite 202 (202)232-8550 Washington, D.C. 20036
'ARPEAL OF 6hilLAL FutA uc.uS10N i
U.S. Nucioar Regulatory Comminaion hb'b~*$
N ( (("H33J Executivo Director for Operationa pg Wanhington, D. C. 20555 RE: Appeal from initial FOIA Dociaion 85-483 To Whoa it May Concern:
This la an appeal under the Freedom of Information Act (FOIA), 5 U.S.C. 3552(a)(6).
The Covernment Accountability Project (cap) aubmitted the above referenced F0IA roquest on July 2,1935 The flRC ianuo a responce on July 25, 1935.
Our original requent asked for all information compiled by and/or for the AEC and/or IIRC on the wasto dispocal practicos of the Dow Chemical Company of Midland, Mi diigan. Our request apacifically described the categorica of wanto, and tho information regarding the handling of each category of wanto that cap requ ired.
In addition, our roquest asked for all information compiled by and/or for the AEC and/or NRC on wanto disposal policy, guidelinoa, atudica and/or practicon aince 1950.
Thia includod, bulwan not limited to, information on mixed wanto.
IRC'a response listed documenta in appendies A and B a id reforrod to documenta containod in earlier FOIA rouponnon numborod 85-256,85-253, 85-259, and 85-261.
Af ter careful examination of all the documenta reforred to in IIRC's ruaponno CAP concluden that the responao in incomploto and ledally insufficient.
Firat, the documenta ruforonced in URC'a responao do not, roupond to cap'a requent. Virtually all of tho documents which lac rufora to are documents which portnin to miniatorial activitica having to do with liconcing and licenco applications.
Nono of thoco documenta natinfloa cap'a opocific requoat for in.
formation about cortnin categorica of waato diapoaod of by the Ddu Chemical Com-pany. Sinco oxomptiona prohibiting CAP from viewing recorda responnivo to our roquoat woro not cited by tho URC, wo can only concludo that tho Agoney'a offort to scarch for rouponalvo documonta was inadoquato, and thorofore, "unroanonablo" by FOTA atandarda.
Tho courta havo datormined that an adoney han a firm atatutory duty to make roanonablo offorta to satisfy a FOIA requont. Foundinrt Church of Scientology v.
IISA, 610 F.2d 824, 837 (D.C. Cir.1979). A roaconablo offort, to ono in which the doacription of recorda in tlio FOIA requent could enablo a profoanional amployou of the agency who la familiar with the aubject mattor of tJio roquoat t,o locato thono recorda.
300, !!.R. I:op.110 93-876, 93rd Cond., 2nd Coca. 5-6 (1974),
reprinted in, U.S. Codo Cong, & Admin. Sown 1974, p. 6271. 1: Von if the agoney han never augregated the claan or catodory of records requestod the producticn of thoso recorda may be reluirod.
?!ational Cablo Toloviulon Annociation v. FCC 479 F.2d 183,192 (D.C. Cir.1973). Alao noo boiand v. ITII, 607 F.2d 3J9, J's) ( O'.C.
Cir. 197d).
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FOIA Appeal Page 2 Secondly, GAP is aware of NRC records which refer to tio kind of information which would at leant partially antiary our requeat.
Examples of those records includo the following:
(1)
Ibv application for a Byproduct Patorial Licenso dated July 19,1963. The coction of the application diacucaing radioactive wanto mnagement reveals the following quote -
"t ho Environmental Roccarch Inboratory koopa recorda of the disposition of all radioactivo waates and must account to the A.E.C. for all liconned matorial and for ita disposal in accordanco with A.E.C. regulations (emphania added).
- Sco, attachment llo.1, pp. 39-43.
(2) A lottor from Axolcon to Andrea K. Wilson dated April 26, 1934 onclocod a list of information the !!RC requires for approval of diaposal by incinoration.
300, Attahment lio. 2.
(3)
IIRC inopoction reports commonly monit.or the environment and anal;zo company offluent control and wanto diapocal recorda.
300, Attachmont tio. 3, pp. 9-11.
(4) A lottor from !1cCann to Rampy dated Juno 7,1984 indicates that llRC rouiros very apacific informtion rogarding the uno of byproduct mtorial and its diapocal. Soo, Attachmont flo. 4, pp. 4-6.
Tho examplea cited clearly indicato that the AEC and !!RC havo informtion of the kind apocifically requented by gap.
URC'a duty under FOIA and tno caso law cited in to produco the information which responda to gap'a request aa soon na poonibio.
Finally, it nooma contmry to ptblic policy to withhold information about the dispocal of toxic and radioactive wanto producta. The right of citizona to have access to information about wanton which may offect their health or environaont is one which tho llRC abould actively cupport. Simila rily, informtion about Agoney lolicy niul dobaton on policy inauca in critical to p blic understanding of Agoney actions. Actiona by the tiRC capporting a right-to-know policy would l>onorit the Agoney becauco p4blic auapiciona would be encod, and the regulatory procuac would be loca acrutinized.
CAP wolcomon the opportunity to discuna thin appoal with you. For your convanlonco, wo oncloco a copy of our original FOIA requent, yoar ronponco, and the citon nttac.imento.
Au provided by tho FOIA, wo expoet a reply to our apponi within 20 working days.
31ncoroly, m
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hkt $tDAl L AQ$f itionard Condit Staff Annocinto Y @C)
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.itophon Koaa Clinical D1roctor
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