ML20138F725

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Final Response to FOIA Request for Documents.Forwards Documents Listed in App a in Entirety.Documents Listed in App B Released in Part (Ref FOIA Exemptions 4,5 & 6)
ML20138F725
Person / Time
Issue date: 04/25/1997
From: Reed C
NRC OFFICE OF ADMINISTRATION (ADM)
To: Sato H
JAPAN
Shared Package
ML20138F729 List:
References
FOIA-97-83 NUDOCS 9705060036
Download: ML20138F725 (4)


Text

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U.S. NUCLEAO REGULATORY COMMISSION Tac r u;A HLOutS T NUMBL RN h

FOIA -

97 nn,

[a RE SPONSE TYPE j// g@

INFORMATION ACT (FOlA) REQUEST i

RESPONSE TO FREEDOM OF xxtr'N^t 1 IPARTIAL i

oan Mk. t A e...e DOCit,E T NUMBlfi(br lif oPPlu Br'It) l RE QUEST E R l

Hiroshi SatO 1

l PART 1.-AGENCY RECORDS RELE ASED OR NOT LOCATED ISee checAedbOAe5/

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

1 No additional agency records subject to the request have been 'ocated.

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

l Agency record 6 subject to the request that are identified in Append xies) are already available for pubhc inspectior and copying at the t

1 NRC Pubhc Document Room,2120 L Street, N.W., Washington. DC.

Agency records subject to the request that are identified in Appendix (e",)

A are being made available for pubhc insput.on and copying XX ct 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 cf my staff is now being rnade available for pubiic inspection and copying at the NRC Pubhc Document Room,2120 L Stree., N W., Washington, DC, in a folder under this FOI A number.

l Agency records subject to the request that are identified in Appenc'in(es) may be inspected and copied at the NRC Local Pubhc Document Room identified in the Comments section.

I Enclo' sed is information on how you may obtain access to and the charges for copying records located at the NRC Public Document Room,2120 L Stree N.W., Washington DC.

XX Agency recoids subject to the rcquest are enclosed Appendix A and the releasable DOrtiOns of Annondix B dncnrnonN Records subject to the request ha,e been referred to another Federal agencv(ies) for review and direct response to you.

are encl 050d.

Fces NONE You will be billod by the N RC for fees totahng S 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 taisen on appea' letter dated

, No PART 11. A-INFORMATION WITHHELD FROP PUBLIC DISCLOSURE Ctrtain information in the requested records is being withheld from public disclosure pursuant to the exemptions described in and for the reasons stated in Part II, B, C, and D. Any released portions of the documents for which only part of the record is being withheld are baing made available for public XX inspection and copying in the NRC Public Document Room,2120 L Street, N.W., Washington, DC in a folder under this FOI A number.

i COMMENTS r

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RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST FOIA 083 3R 2 f e (CONTINUATION) l PART 11.5-APPLICABLE EXEMPTIONS Hecords subject to the request that are described in the enclosed Appendix (es)

B ore oe;ng witnn,ie )n is,ir,nti,,ty or in port uneer in, l

Exemption No.(s) and for the reason (s) given below pursuant to 5 U.S.C. 552(b) and 10 CF A 9.17(a) of NRC f egulations.

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1. The withheld mformanon is property classified pursuant to Executive Order. (Exemption il
2. The withheld mformation relates solely to the miemal personnel rules and procedures of NRC (Exemption 2) l l l3. The withheld enformation es specifically enempted from public disclosure by statute indicatp1 (Exemption 3) i Sections 141145 of the Atom #c Energy Act, which prohibits the disclosure of Restricted Data or Formerly Restricted Data (42 U.S.C. 21612165L i

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

4. The withheld mformation is a trade secret or commercial or i nancial mformation that is being withheld for the reasontal indicated. (Exemption 4) l l

The mformation is considered to be confidential business Iproprietaryl mformation.

l The mformation is considered to be proprietary information pursuant to 10 CFR 2 790ldHil g

The information was subnutted and received en confedence pursuant to 10 CFR 2 790 ldh 2)

6. The withheid mformatiort consists of mteragency or entraegency escords that are not available through discovery during litigation (Exemptien 6). Applicable Pravilege:

1 Deliberateve Process' Disclosure of predecisional mformation would tend to inhibit the open and frank eschange of ideas essential to the deliberative process XX Wh' c* *""d '" '"*" '"'"'s'v'"" c '"'""'*

'"t wined with the predecisi nel mf ormati n T here also are no reasonably segregable f act ual portions because the release of the f act would permit an mdirect mquery mto the predecessonal process of the agency Attorney work product pnvilege eDocuments prepared by an attorney in contemplaimn of litiganon i Attorney-client privilege. (Confidential communications between an attorney and hes/her alient.)

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6. The withheld information is enempted from public disc 60sure because its disclosure would result in a clearly unwananted envasion of personat privecy (Exemption 61
7. The withheld mformation consists of iecords compiled for law enforcernent purposes and is being withheld for the reason (s) indCated (Exemption 7) l Disclosure could reasonably be expected to mterfere with an enforcement proceedmg 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 investigators. (Exemption 7 (AD l

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Desclosure would constitute an unwarranted mvesion of personal pnvecy. (Exemption 7lC))

l rg The information consists of names of individuals and other information the dificiosure of wnich could reasonably be emoccted to revealidentities of confidential sources. (Exemption 7 (D))

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PART 11. C-DENYING OFFICIALS Pursuant to 10 CF R 9.25(b) and 'or 9 25(c) of the U.S. Nuclear Flegulatory Comm4sion regulation;, it has been determined that the information wrthheld is exempt from pro dwetion or daciosure, and that its production or disclosure is contrary to the pubhc mterest. The persons responsible for the dernal are those officials identified below as denymg officials and the Director. Division of Freedom of information and Publications Services. Office of Admmistration, for any deniais that may be appealed to the E mecutive Director for Operations (EDO).

l DENYING OFFICIAL TITLE! OFFICE RECORDS DENIED APPELLATE OFFICIAL j I Recutive Assistant Eoo ucem o

i l Sandra Joosten Office of the Secretary Appendix B XX l 1 i

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PART 11. D-APPEAL RIGHTS The danial by each denying official identified in Part it.C may be appealed to the Appellate Official idenufied there. Any such appeal must be made in wntmg within 30 days of receipt of this response. Appeals must be addressed, as appropnate, to the Executive Director for Operations. to the Secretary of the Commission, or to the Inspector General, U S. Nuclear R:gulatory Commission, Washington DC 20555 and should clearly state on the envelope and in the letter that 61 is an " Appeal from an imtial FOI A Decision."

NRC FO'2M 464 (Part 2) (191)

U.S. NUCLEAR REGULATORY. )MMISSION 1

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i APPENDIX A

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DOCUMENTS BEING RELEASED IN THEIR EhTIRETY

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NUMBER DATE DESCRIPTION q

1.

2/15/96 Letter from Mr. Hiroshi Ohishi to Chairman Jackson regarding the prototype fast breeder reactor Monju.

(2 pages) i 2.

3/19/96 Letter from Chairman Jackson to Mr. Hiroshi Ohishi, responding to 2/15/96 letter regarding the Monju prototype fast breeder reactor site.

(1 pages)

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3.

5/31/96 Memorandum to The File from Chairman Jackson, l

subject:

Trip Report on Visit to the j

Republic of Korea and Japan, with enclosures a) Investigation Report - The Sodium Leak Accident at the Power Reactor and Nuclear Fuel Development Corporation's Prototype Fast Breeder Reactor Monju.

i b)

Speech by Chairman Jackson, entitled, "New Energy in the Pacific Rim."

c)

Article entitled, " Leakage in the Secondary Heat Transport System of Prototype FBR Monju 40% Startup Test (First Update)."

d)

Viewgraphs/ slides - Fast Breeder Reactor "Monju."

(51 pages) 4.

3/5/97 Fax from Mr. Kazumasa Hioki to Kevin Burke, subject: Summary Report on the Investigaiton into the Cause of Sodium Leakage Accident at MONJU.

(6 pages) d i

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Re:

FOIA-97-083 APPENDIX B DOCUMENT BEING RELEASED IN PART NUMBER DATE DESCRIPTION 1.

Undated Japan - Meeting of the Japan Atomic Industrial Forum, April 17 - 18, 1996.

[ Attachment 1 to S/31/96 memorandum regarding summary of meetings and alte visits).

(10 pages)

EX.

4, 5 and 6 i

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