ML20148N927

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Responds to 780905 FOIA Request for Access to NRC Views, Analyses,Comments & Other Matls Related to Retransfer of Us Supplied Spent Fuel from Japan to Great Britain & France
ML20148N927
Person / Time
Issue date: 11/17/1978
From: Felton J
NRC OFFICE OF ADMINISTRATION (ADM)
To: Scherr S
National Resources Defense Council
References
FOIA-78-227 NUDOCS 7811270292
Download: ML20148N927 (4)


Text

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UNITE 0 STATES 3 '. e

< i* t NUCLEAR REGULATORY COMMisslON 3 M.'df,!

E WASHINGTON, L 1.20555 QEO)

November 17, 1978 S. Jacob Scherr, Esquire Natural Resources Defense Council 917 15th Street, N.W.

IN RESPONSE REFER Washington, DC 20005 TO FOIA-78-227

Dear Mr. Scherr:

This is in further response to your letter dated September 5,1978 in which you requested, pursuant to the Freedom of Information Act, access to all NRC views, analyses, comments, and other material relating to the retransfer of U.S. supplied spent nuclear fuel from the Tokyo Electric Power Company to British Nuclear Fuels Limited and f rom the Kansai l

Electric Power Company to LaHague, France for the purpose of repro-cessing.

In further response to your request a copy of documents 1 and 2 and portions of document 3 of Appendix A are being placed in the NRC Public Document Room (PDR) 1717 H Street, N.W. Washington, DC.

The enclosure to document 3 of Appendix A was originated by the Department of Energy and is being referred to that agency for appropriate disposition and direct response to you.

Documents 1 through 6 and portions of document 7 of Appendix B have been classified pursuant to Executive Order 11652 and are being withheld from public disclosure pursuant to exemption (1) of the Freedom of Information Act (5 U.S.C. 552(b)(1)) and 10 CFR 9.5(a)(1) of the Commission's regulations.

Documents 4, 5 and 6 of Appendix B also contain advice, opinions and reconinendations of the staff and are being withheld from public dirclosure pursuant to exemption (5) of the Freedom of Information Act (5 ll.S.C.

552(b)(5)) and 10 CFR 9.5(a)(5) of the Commission's regulations.

A copy of document 7 of Appendix B with the exempt portions deleted is being placed in the PDR.

Pursuant to 10 CFR 9.15 of the Commission's regulations, it has been determined that the information withheld is exempt from production or disclosure, and that its production or disclosure is contrary to the public interest.

The person responsible for the denial of documents 1, 2, 4, 5, 6, and the withheld portions of document 7 of Appendix B is Samuel J. Chilk, Secretary of the Commission.

Thc person responsible for the denial of document 3 of Appendix B is Kenneth Pedersen, Director, Office of Policy Evaluation.

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This denial may be appealed to the Commission within 30 days from tH receipt of this letter.

Any such appeal must be in writing, addressed to the Secretary of the Commission, U.S. fluclear Regulatory Commission, Washington, DC 20555, and should clearly state on the envelope and in the letter that is is an " Appeal from an Initial F0IA Decision "

This completes action on your request.

Sincerely, h a..u i /

/

l e

J. M. Felton, Director Division of Rules & Records Office of Administration

Enclosures:

As statad I

A

APPENDIX A DOCUMENTS FOR RELEASE IN THEIR ENTIRETY (F01A-78-227) 1.

9/26/78 memo from Commissioner Kennedy to Gossick TEPC RETRANSFER CASE 2.

8/31/78 memo from Commissioner Ahearne to Director, International Programs, PROPOSED TRANSFER OF FUEL l

FROM JAPAN FOR REPROCESSING 3.

8/29/78 SECY-78-406A, RETRANSFER FROM JAPAN TO THE UK FOR REPROCESSING e

APPENDIX B DOCUMENTS TO BE WITHHELD IN THEIR ENTIRETY (F01A-78-227) 1.

8/22/78 memo from Bradford to Kelley - KANSAI RETRANSFER FOR REPROCESSING REQUEST 2.

8/31/78 letter from Commissioner Gilinsky to L. Denend, NSC 3.

8/23/78 mem7 from Ken Pedersen, PE, to the Commissioners, KANSAI RETRANSFER FOR REPROCESSING REQUEST 4.

8/21/78 memo from Commissioner Bradford to T. Gibbon 5.

8/25/78 note from G. Eysymontt to Conmissioner Gilinsky. _

6.

Various undated drafts of letters to the _ President _

7.

8/31/78 memo from Commissioner Bradford to Commissioners, PROPOSED CHANGE IN RETRANSER AND REPROCESSING POLICY f

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