ML20148G023
| ML20148G023 | |
| Person / Time | |
|---|---|
| Issue date: | 01/21/1988 |
| From: | Grimsley D NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM) |
| To: | Mokoena K FUND FOR PEACE (NATIONAL SECURITY ARCHIVE) |
| Shared Package | |
| ML20148G028 | List: |
| References | |
| FOIA-87-843 NUDOCS 8801260383 | |
| Download: ML20148G023 (2) | |
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\ INFORMATION ACT (FOIA) REQUEST '" JAN 21 1988 Docatt Nvuttniss vr seeweami RioutstEm s $$NDW l $$fl PART f.-RECCADS RELE ASED OR NOT LOCATED (See checeed bonest No agency records subpect to the roovest have been located.
No addeter$al agency records subsect to the roovest have been located.
Agency records subrset to t% request that are centsfed in Append : are a6teady evastatde for pubhc especten and copyeg e the NRC Pubhc Document Room, 1717 H Street. N W., Washegton. OC ,
Agency records esbrect to the roovest thM are dentffied in Appenden are twieg made available for putdic espection and copyeg m the NRC Pubhc Document Coom,1717 H Street, N N.. Washegion, DC, in a folder under the FOIA number and requester name The nonproonetary verson of the proposaitsi that you agreed to accept e a telephcre conve<saten wth a member of my statt e now being made avalab6e for publ.c espect.on and coveg at the NRC Pubhc Document Room.1717 H Street, N W , Washington. DC. in a fonder under this FOIA number and requester name Enclosed e informat.on on how e may obts.n access to and the charps for copyeg recoros piaced m the NRC Pub 8< Document Room.1717 H Street. N W., Washington. OC.
Agency records wbrect to the re@est are enck> sed Any apphcable charge for copes of the records prowded and payment procedures are noted m the comments secton-Gv.ords subsect to the roovest have been referred to another Federal agencybest for reve* and d rect respor se to you.
In view of NRC's response to the request, no further acbon a boeg taken on appeal loner cated PART ll.A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Certam in8ormaton in the requesied records e being ethhe6d from pubbe disclosure pursvaat to the FOIA enemptons described in and for the reasons stated m Part it, sec.
tions e, C, and O. Any ro6 eased por+ons of the documents for wh.ch onty part of tre recoed a bemg withhe'd are being made avaaabte for pubic inspecton and copyeg m the NRC Pubhc Document Room.1717 H Street. N W., Washegton, DC. in a folder under the FOIA number and roovester twme.
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THE NATIONAL. SECURITY ARCHIVE sUlTf. 500 list MASSACHUSETTS AVENUE, N.W. WASHINGToM, D C 20034 (3o3) r97.o442 IN AL1, CORRESPONDENCE PLEASE REFER To ARCHIVE FILE No. ""7..
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Ms. Linda L. Robinson Chief, FOI and Privacy Branch Nuclear Regulatory Commission DEC 141987 Washington, DC 20555 FREEDOM OF INFORMATIOpl ACI ST RE: Freedom of Information Act Request [M
Dear Ms. Robinson:
!( h d Pursuant to the Freedom of information Act (FOI A),5 U.S.C. Section 552, c.l.
gg,(as amcoded), I hereby request disclosure of the documents described on the last page of this !ctter for inspection and possible copying. If you regard any of these docume.its as exempt from the FOIA's disclosure requirements. I request that you nonetheless exercise your discretion to disclose them. In this connection I note that you are required under the FOIA to release any reasonably segregable nonexempt portions of documents containing information you regard as exempt. Section 552(b). To permit an intelligent, informed decision whether or not to file an administrative appeal of any denial decision, you are also requested to describe withheld records (or portions thereof) and explain the logical and factual basis for exemption claims. Sgt Mead Data Central. Inc. v. Decartment of the Air Force. 566 F.2d 242, 251 (D.C. Cir.,1977). This request is made on behalf of the National Security Archive, a nonprofit public interest research institute and library located in Washington, D.C. The Archive is organized and operated as a division of The Fund for Peace, Inc., a nonprofit corporation that is exempt from federalincome tax ander section 501(cX3) of the laternal Revenue Code, and has been acknowledged by the Internal Revenue Service since November 19,1962 to be ' organized and operated exclusively foe educational purposes.' The fee waiver provisions under section 552(aX4XA)of the FOIA were recently amended by the Freedom of Information Reform Act. The Reform Act's fee provisions became effective on April 25,1987 and rewrote section 552(sX4XA) to create categories of requesters entitled to fee waivers. Pub.L 99 570 Sec.1803, 1804. One category conshts of
- educational or noncommercial scientific institution (s) whose purpose is scholarly or scientific research" and another consists of representatives of the ' news media.* 5 U.S.C. 552 (aX4XAXiiXII). Requesters in these groups receive an automatic waiver of all search and review fees, irrespective of the nature or contents of the documents requested. T)cy can be charged standard duplication costs (in excess of the first one hundred copied pages), but these charges may also be waived in certain circumstances.
On May 11,1987 the Archive submitted a comprehensive memorandum to your agency providing documenta: ion under penalty of perjury which establishes that the Archive is entitled to fee waivers under the categories of educational or noncommercial scientific institutions and representatives of the news media within
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, s tne meaning of the Reform Act To summarite, the Archive's purpose is to enrich public policy debate by making available records pertaining to important, mostly contemporary issues of major public concern in the areas of foreign, defense.
intelligence, and international ecccomic policy. Documents obtained by the Archive, including the records requested in this letter, are carefully analyzed, indcaed and organized into document sets in the Archive's collection. Document sets are available for inspection and copying by scholars, journalists, Members of Congress and Congressional staffs, present and former public officials, other public interest organizations, and the general public at the Archive's Washington offi:c, In addition, information in the documents will be disseminated across the country through distribution of comerchensive document indices to university and other research libraries and through the Archive's publications. As a staff member of the Archive,I have been assigned to conduct research on the subject of this request. I am working as part of a research team which includes experts on this subject with a wide variety of educational and professional backgrounds relating to foreign affairs, defense, intelligence and international economic policy The qualifications of various Archive staff members are detailed in the aforementioned memorandom forwarded to your agency. Members of the team have conducted an extensive literature search at the Library of Congress and
,)ecessary to research specialized libraries and have determined that the requested materials are our research.
I therefore request that you waive all scarch and reproduction fees pursuant to section 552(a)(4XA), as amended. If you determine that the Archive does not fall within one of the two categories of requesters described above, this request would also qualify for favored treatment under the 'all other requesters' category because disclosure of the information in the requested documents is in the public interest because it is likely to contribute significantly to public understanding of the operations or activities of the goserament and is not primarily in the commercial i interest of the Archive within the meaning of the Reform Act. See 5 U.S.C. l $$2(aX4XAXiii). Should you decline to waive all fees, however, we are prepared to pay you normal search fees (and reproduction fees, if I decide to copy the records produced). Our willingness to pay fees is subket to our rights to appeal and litigate the fee ytelver question, and payment would be deferred until exhaustion of such rights. I further ksk that if you decline to waive fees that you set forth your - reasons for doing so in writing and that you obtain our authoriaation before , incurring search costs in excess of $100. In order to expedite the release of the listed documents, I requent that you disclose them as they become availshle to you, without waiting until all the documents nave been assembled. If ,ou have any question that I might be able to answer regarding the identity of the records, their location, er the scope of the request, please st'stutory esil me. I look forward to receiv3ng your response within the time period. Your ruly,
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Y 4 Ken th Mokocna l attachment i
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Mokoena copies of all records including but not limited to cables, aide memoires, briefing notes, correspondence and memoranda relating in whole or in part to the U.S supply of enriched uranium to the South African Safari I Nuclear Research Reactor, between 1979 and 1982. l l I _. _. -}}