ML20151K823

Responds to Appeal of Denial of Waiver of Fees for Records Already Available in PDR & Contention That NRC Wrongfully Withheld Record That Originated W/Bureau of Indian Affairs. Believes No Further Action Required of NRC Re Issue

ML20151K823
Person / Time
Issue date:	08/04/1997
From:	Norry P NRC
To:	Jordan S, Meiklejohn D AFFILIATION NOT ASSIGNED
References
FOIA-96-527, FOIA-97-1A NUDOCS 9708060168
Download: ML20151K823 (8)

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UNITED STATES

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NUCLEAR REGULATORY COMMISSION g

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i AUG 0 41337 Ms. Susan G. Jordan Mr. Douglas Meiklejohn IN RESPONSE REFER TO New Mexico Environmental FOIA APPEAL 97-001A Law Center (FOIA-96-527) 1405 Luisa Street, Suite 5 Santa Fe, NM 87505 l

Dear Ms. Jordan and Mr. Meiklejohn:

1 I am responding to your letter of March 13,1997, to the Executive Director for Operations of the U. S. Nuclear Regulatory Commission (NRC), in which you appeal Russell Powell's initial Freedom of information Act (FOIA) decision on Request No.96-527.

l First, you appealed the denial of a waiver of fees for records that are already available in the NRC Public Document Room (PDR). The NRC spends more than $2 million annually to make records routinely available to the public in its main Public Document Room and on microfiche at 77 local Public Document Rooms (LPDRs) in libraries throughout the Nation that are located in the vicinity of power reactors, high-level waste facilities, and certain other NRC licensed facilities. More than 2.3 million records are available to the public in the PDR and approximately 1.5 million of them are available on microfiche at each of the LPDRs. The PDR responds to more than 1000 requests each month. Anyone can view these records free of charge at the PDR and the LPDRs, or can review the indexes to these records from remote locations by toll-free on-line access to the PDR or by way of the Intemet through FedWorld. Persons without computer access may call the PDR or the LPDR r%ff on toll-free telephone lines to obtain information about the availability of NRC records in the repository and to order copies of any of the records kept there. The PDR has an onsite contractor who will copy any of the records maintained in the PDR files at nominal rates. Since that contractor is reimbursed solely by the payment of fees from the public for copies of records, if we were to waive fees for an FOIA requester and provide records without cost that we have already made publicly available, we would have to obtain the records from the contractor and pay the required fees. Therefore, the NRC will not waive fees for records that have already been made available to the public through its PDR and LPDR systems.

You also contend that the NRC wrongfully withheld a record that originated with the Bureau of Indian Affairs (BIA). In accordance with 5 U.S.C. 552(a)(6;(A)(iii), agencies locating records that originated with another agency or that contain information that originated with another agency, may consult with the originating agency conceming disclosure of those records. These well-established procedures are observed throughout the Federal Govemment in responding to FOiA requests. The delay to effect such a consultation does not constitute a final determination to grant or deny the disclosure of that record. As you were advised in the letter sent to you on February 19,1997, from Alexandra Mallus, g hl i

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• BIEllilillEllllll5 JORDAN 97-1A PDR

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4 S. Jordan /D. Meiklejohn '

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Departmental Freedom of Information Act Officer, the final determination regarding that record will be made by the BIA, Department'of interior. Therefore, we see no basis for any

' further action on this issue.

l I am also responding to your supplemental letter of March 14,1997, in which you seek identification of nine specified records subject to your FOlA request. In your letter, you i

indicate that the NRC failed to address nine records you identified with asterisks. Some of the identified records are already available in the NRC PDR. The accession number that you provided is actually the file and record locator number for records maintained in the NRC PDR. Of the nine records marked by asterisk in your letter of March 14,1997, the following six records, identified by date, are already located in the PDR and may be accessed by using the accession number you provided: February 20,1996; March 4,1996; April 1,1996; April 5,1996; April 10,1996; and April 18,1995. In our initial response, we enclosed a copy of i

the procedures for obtaining records from the PDR.

i.

The NRC was unable to locate the document dated October 9,1995, as indicated on Appendix A to Mr. Powell's letter of February 12,1997. The record identified by the date

" July 11,1996,"is actually dated July 30,1996, and is identified on Appendix A, item 8 of, Mr. Powell's letter of February 12,1997. Initially, no records were located with regard to the documents dated after July 1996 responding to NRC's Request for Additional Information #3.

Acting on your appeal, the NRC staff conducted another search for records in.this category.

Two items were located, and these are also already available in the PDR. The records are 3

identified on the enclosed appendix.

This'is a final agency action. As stated in the FOIA (5 U.S.C. 552(a)(4)(B)), judicial review of this decision is available in a district court of the United States in the district in which you reside or have your principal place of business, or in the District of Columbia.

Sincerely, Y

l Patricia G. Norry Deputy Executive Director for Management Services 4

Enclosure:

As stated 4

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RE: FOIA APPEAL 97 001 (FOIA-96-527)

APPENDIX RECORDS ALREADY AVAILABLE IN THE PDR NUMBER DATE DESCRIPTION 1.

10/20/96 Letter from C.'Bartels to R. Cadson-response to several inquiries for additional information conceming HRI's proposed NM ISL Operations. PDR Accession No.

9703030191

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2.

10/22/96 Letter from C. Bartels to R. Carlson-response to several inquiries for additional information conceming HRI's proposed NM ISL Operations-#2. PDR Accession No.

9703030126 1

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UNITED STATES j

j NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20065 4001 NOVEMBER 1996 OBTAINING COPIES OF RECORDS FROM J

THE PUBLIC DOCUMENT ROOM 1

1 PLACING ORDERS FOR COPIES OF RECORDS. Copies of records maintained I

at the PDR may be obtained by visiting the PDR at 2120 L Street, N.W.,

Lower-Level, Washington, D.C.,

20555; by calling the PDR, Reference Services, at (202) 634-3273 or (1-800-397-4209) ; writing to the PDR.at the above address; by E-mail (PDR@NRC. GOV) or by fax at (202) 634-3343.

In ordering records identified on appendices to NRC's responses to Freedom of Information Act requests, a person may place telephone orders whenever all records are being requested, or no more than j

three records from different file locations are being requested.

If a requester is interested in only some of the records identified on appendices, the requester should place a check mark beside each requested record identified on the appendices and send copies of the marked pages to the PDR.

The PDR staff will then arrange for the records to be copied by the copying service contractor.

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PAYMENTS. Payment for reproduction services can be accomplished in several modes. For in-person requests, the on-site contractor will collect payment when the copies are given to the requester.

A self-service copier is also available for a person's use.

For copies which are to be mailed, an invoice will accompany the order if the total order is under $30.00.

Prepayment will be required for orders over $30.00 for requesters without established accounts.

An account may be es+ablished by contacting Accounts Receivable, Qualex International at 202-293-3222.

INOUIRIES REGARDING ORDERS.

Tlke contractor's on-site telephone number is (202) 293-3222.

Inquiries related to the status of reproduction orders should be addressed in the following manner:

1.

For records ordered by a telephone call to the PDR, contact the PDR and provide the approximate date of the telephone request, the name of the entity to be billed, and the method of delivery of records to you.

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i For records ordered by an on-site visit to the PDR, contact 1-2.

the contractor and provide him with the following information -

i obtained from your copy of the reproduction request form:

date of order, entity to be billed, the request number and the method of delivery of records to you.

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For records ordered by letter to the pDR, contact the PDR and

.3.

reference ~your letter.

i CHARGES.

Requests for the reproduction of records at the U. S.

Nuclear Regulatory Commission (NRC) Public Document Room (PDR) in Washington, D.C., are performed by a copying service contractor,

-Qualex International.

The contract for copying services provides for the following rates for copying records maintained at the PDR.

Paper to paper.is $0.08 per page, except for oversized records 1.

and engineering drawings which are $0.15 per page for 11" x

.17" full size..Over 11" x 17" is a $1.50 per page.

NOTE:

Pages greater than legal size, 8 1/2" x 14" but smaller than or equal to 11" x 17",

shall be reduced to legal size and reproduced for $0.08 per page, unless the order specifically requests full size reproduction.

I A self-service copier is provided in the reading room at a

charge of $0.08 per page.

2.

Microform to microform is $0.75 per microfiche or aperture card.

Microform to paper is $0.08 per page'for pages on microfiche 3.

and $5.00 for a full-sized print or.$3.00 for a reduced.18" x 24" sized print of a drawing on an aperture card.

Orders completed for mailing or for a special delivery service 4.

will have an additional fee for the actual mailing, shipping, or delivery service rate.

Unless a user requests special packing materials, there is no additional charge by the l

contractor for wrapping materials and handling.

"5.

.At a person's request, the reproduction contractor will transmit by. facsimile.

The rate for local telephone numbers is $0.30 per page and the rate for long distance numbers is

$0.50 per page.

The rate for long distance outside the

' continental U.S.

is $1.50 per page.

.The contractor can also reproduce diskettes, video cassettes, 6.

-audio cassettes and-photographic material.

Contact the PDR for' additional info 6 nation.

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EXH I s /f 3 h% g United States Department of the Interior i

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OFFICE OF THE SECRETARY j'

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Washington, D.C. 20240 4cw 3 FEB l 94997 Ms. Susan G. Jordan i

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New Mexico Environmental Law Center

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1405 Luisa Street, Suite 5 Santa Fe, NM 87505 Of

Dear Ms. Jordan:

J This is in reference to your December 17, 1996, Freedom of Information Act (FOIA) request to the Director, Division of Freedom of Information nnd Publicatien Servicec, U.S.. Nuclear Regulatory Commission (NRC).

Your request pertains to the application of Hydre Resourcer Inc. for source and byproducts materials licenses to construct and operate the Crownpoint Uranium Solution Mining Project at Crownpoint and Church Rock, Nuw Mexico, Docket No. 40-8968-ML.

l While processing your request, the NRC located one document (seven pages) that originated with the Bureau of Indian Affairs (BIA),

. Department of the Interior (DOI).

The NRC referred the material to t

DOI for a release determination on February 11, 1997.

It was received in this Office on February 13, 1997.

For your information, the DOI has a decentralized FOIA Program which means that each bureau is responsible for responding to FOIA requests for its own records.

Therefore, by copy of this letter we are forwarding your request along with the document at issue to the BIA l

which will respond to you directly (43 CFR 2.15).

We are enclosing a list of the Department's FOIA Officers in the event that you need to contact the BIA concerning your request.

1 If we can be of further assistance, please contact me at (202) 208-5342.

Sincerely, S J' d L

_s Alex/ ra Mallus and Departmental Freedom of Information Act Officer Enclosure Shirley LaCourse - BIA FOIA Officer cc:

Russell A. Powell-Chief, FOIA/ Local Public Document Room Office of Information Resources Management (FOIA-96-527) qqo6o30168

i DEPARTMENT OF THE INTERIOR FREEDOM OF INFORMATION ACT OFFICERS / COORDINATORS Fish and. Wildlife Service Geolooical Survey l

James E. Pinkerton/Leslie Maureen Ackerman Marler/ John Hunt /Phyllis Cook MS-208, National Center MS-224, ARLSQ Reston, VA 22092 4

Washington, DC 20240 703/648-7311 703/358-1943 Fax:

703/648-7475 Fax:

703/358-2269 Office of Hearinos and Bureau of Indian Anoeals Affairs Norman Schwab Shirley Lacourse/ Carol MS-1103, BT3 Smalley (Policy), MS-4140, MIB i

Arlington, VA 22203 Washington, DC 20240 703/235-3810 202/208-4172; 505/766-5532 Fax:

703/235-5014 Fax:

202/208-6334 Carol, DC, 208-0437 Bureau of Land Manaaement (WO-530)

Mae Bowman (FOIA Requests) 1620 L St.,

NW, Rm. 750 Washington, DC 20240 202/452-5011 Fax:

202/452-0395 office of Insoector General Andrew Simonson MS-5341, MIB Washington, DC 20240 202/208-4356 Fax:

202/208-4998 Bureau of Reclamation Marilyn Rehfeld National Park Service Denver Federal Center, D-7920 Anita Clevenger P.O.

Box 25007 MS-3424, MIB Denver, CO 80225-0007 washington, DC 20240 303/236-0305, ext. 459 202/208-6843 Fax:

303/236-6763 Fax:

202/219'0910 Office of the solicitor Office of the Secretary Sue Ellen Sloca Robert More MS-1414, MIB MS-7456, MIB Washington, DC 20240 Washington, DC 20240 202/208-6045 202/208-6115 Fax:

202/208-5048 Fax:

202/219-6780

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e 2) office of Surface Minina office of Aircraft Services

' Karen Guest Sandy Powell

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MS-262, SIB P.O.

Box 15428 Washington, DC 20240 Boise, ID 83715-5428 202/208-2961 208/387-5800 Fax:

202/219-3106 Fax:

208/387-5830 or 202/501-0549 i

J Minerals Manaaement Service Carole deWitt/ Bob Pope

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MS-2053, Atrium Bldg.

Herndon, VA 22070 703/787-1242, 1007

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Fax:

703/787-1071 1

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ENV70 WEN ~A_ _AW CEN 9

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December 17, 1996 Director Division of Freedom of Information and Publication Services U.S. Nuclear Regulatory Commission Washington, D.C.

20555 i

Re:

Freedom of Information Act Request i

Dear Director:

j The New Mexico Environmental Law Center ("NMELC"), a nonprofit law firm, submits this request on behalf of its clients Eastern Navajo Din 6 Against Uranium Mining

("ENDAUM"),

the Southwest Research and Information Center ("SRIC"), and Mineral Policy Center

("MPC") under the Freedom of Information Act ("FOIA"), 5 U.S.C.

S 552, for copies of public records.

This request covers the public records in the possession of the U.S. Nuclear Regulatory Commission ("NRC") described on the attached list.

All of the described records pertain to the j

application of Hydro Resources Inc.

("HRI")

for source and byproducts materials licenses to construct. and operate the Crownpoint Uranium Solution Mining Project at Crownpoint and Church Rock, New Mexico (" Project"), Docket No. 40-8968-ML.

The dates referenced on the attached list are accurate to the best of our i

knowledge, but should be considered only approximate for the purpose of responding to this request. The " Company / Agency" column

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refers to the entity believed to have generated the record.

For i

the convenience of the

NRC, copies of the cover letters accompanying NRC's Requests for Additional Information addressed to HRI ("RAIs") #1 and #2 referenced on the attached list are also attached hereto.

Requesters do not have a copy of NRC's RAI #3 to HRI, believed to be dated July 11, 1996.

We request that NRC waive fees for this request pursuar.t to 5 U.S.C. S 552 (a) (4) (A) (iii).

NRC regulations implementing FOIA require that a requester shall be furnished documents without charge if disclosure of the information is "in the public interest" because such disclosure (1) is likely to contribute significantly to public understanding of the operations or activities cf the government, and (2) is not primarily in the cominercial interest of the requester.

10 C.F.R.

S 9.41(c).

Pursuant to 10 C.F.R.

S 9.41(a) (1), we provide you with the following specific information in support of a fee waiver.

NRC regulations require eight pieces of information from requesters of fee waivers.

10 C.F.R.

S 9.41(b).

We respond to those questions in the order of appearance in the regulations as follown:

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(1)

The purpose for which the requesters intend to use the information is to educate the

public, and especially the communities of Crownpoint, New Mexico and the Church Rock, New Mexico area, about the proposed Project and its impact on local i

health, safety, and environmental and cultural resources.

(2)

The extent to which the requesters will extract and analyze the substantive content of the requested records is substantial.

Most of the requested records are believed to be densely written documents that use many technical terms.

To accomplish their public education purpose, the requesters. will extensively analyze the records and extract the important information bearing on health,

safety, and environmental and cultural resources.

(3)

Each of the requesters will use the records in ongoing public education activities and research.

Specifically, ENDAUM will use information extracted from the records in. oral 4

presentations to members of ENDAUM and the Crownpoint community in is public meetings held in the community and by word of mouth, at customary in thei'r predominately Navajo community. ENDAUM's public meetings are advertised to the Crownpoint and Church Rock communities, and to the greater public as far away as Albuquerque, i

by radio announcements, press releases, and posted fliers.

SRIC will use information extracted from the records 1) in oral presentations, supplemented with visual aids, at public meetings held by ENDAUM, and 2) in articles written for its l

magazine, The Workbook, which has a national circulation of approximately 3,500 MPC will write articles based on the extracted information for its quarterly newsletter, Southwest

Nuggets, which has a

circulation of approximately 1,500 in the four corners states, and its journal, Clementine, which has a national circulation of approximately 10,000.

MPC's staff includes a Southwest Circuit Rider, who typically spends two weeks of every month traveling to mine host communities in the southwestern United States for meetings with local concerned citizens.

These meetings are hosted by local community organizations and are frequently advertised to the community. The Southwest Circuit Rider will convey information extracted from the records to the Crownpoint community, and to e

other communities in the southwest faced with uranium mines, at these meetings.

The specific qualifications of ENDAUM to utilize the

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information for the intended use in a way that it will contribute public understanding include ENDAUM's hands-on experience in to educating the community of Crownpoint about the Project during the past two years.

Also, the knowledge of the local cultural and resources possessed by ENDAUM's members as Din 6 environmental (i.e., Navajo people) and as residents of Crownpoint enhance s their 2

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ability to relate information extracted from the records to

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resources of concern to local people.

In addition, several ENDAUM members are completely bilingual in Navajo and English, enabling them to effectively translate extracted information to the Navajo-speaking residents of Crownpoint.

The specific qualifications of SRIC include 25 years of institutional experience researching and educating the public about the environmental impacts of mines.

In particular, SRIC has a staff scientist who is a recognized expert in mine planning and reclamation in the Southwest and has recently served.as a

consultant on uranium mine reclamation in Russia.

SRIC staff includes an environmental health scientist who specializes in radiation toxicity effects.

SRIC also has a Navajo community liaison with 11 years experience educating Navajos and non-Indians about mining and polluting industries.

SRIC's staff scientist, environmental health specialist, and Navajo community liaison have thousands of pages of ERC documents concerning the reviewed Project, and therefore are particularly qualified to extract the most salient information from the requested records.

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MPC was established in 1988 to educate the public about the environmental impacts of hardrock mining.

Its two staff circuit J

riders based at western officers directly assist with community MPC's education, mine plan review, media and political outreach.

Southwest Circuit Rider holds a college degree in environmental 1

studies, and has six years of experience reviewing technical documents associated with mining plans, extracting information from and explaining that information to mine host communities.

them, The likely impact on the public's understanding of the (4) subject as compared to the level of understanding of the subject existing prior to disclosure is substantial.

Because most of the for requested records were created in response to NRC's request information from HRI, they do not exist in the Draft additional Environmental Impact Statement ("DEIS") for the Project or in other NRC documents that may have been previously disclosed to the public.

For example, because analysis of traditional cultural resources was deferred in the DEIS, and a portion of the requested response to NRC's request for additional records contain HRI's information on traditional cultural resources in the Project area, i

the release of those records would provide Din 6 in Crownpoint with previously undisclosed information vital to their understanding of the Project's impact on their traditional culture.

The size and nature of the public to whose understanding (5) a contribution will be made weigh in favor of a fee waiver here.

l live in More than 2,500 people live in Crownpoint and about 1,700 the Navajo Church Rock Chapter; more than 90% of these residents l

One in every two Navajo families reservationwide has are Navajos.

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income below the federal poverty level.1 Many also have limited fluency in English.

Executive Order 12898, " Federal Actions to Environmental Justice in Minority Populations and Low-Address Income Populations," was intended to correct the lack of access to j

information by minority and low income communities, which compounds their exclusion from participation in the decisionmaking processes for projects such as HRI's.

It specifically requires:

Each Federal agency shall conduct its programs, policies, and activities that substantially affect human health or the environment, in a manner that ensures that such oroarams, policies, and activities do not have the effect of excludina persons (includina oonulations) from particination in, denying persons (including populations) the benefits of, or subjecting persons (including populations) to discrimination under such programs, policies, and activities, because of their race, color, or national origin.

E.O. 12898, S 2-2 (emphasis added).

Accordingly, the demographics of the local population to whose understanding a contribution would be made provides an especially compelling basis for a fee waiver in this case.

The intended means of dissemination to the general public (6) is described in paragraph (3) above.

(7)

Public access to information will be provided free at community meetings and for a nominal publication fee or no fee.

The subscription price of SRIC's publication, The Workbook, is $12 MPC's Clementine is provided free to its members who pay per year.

annual dues of $25, and free to the public upon request, and Southwest Nuggets is free.

(8)

The requesters have no commercial or private interest in The requesters are not aware of the the agency records sought.

commercial or private interests any other party has in the records and sought.

All of the requesters are nonprofit organizations, none intends to re-sell the requested records.

The nominal prices of the requesters' publications -- when charged -- are comparable The requesters are not motivated by to prices for news magazines.

any commercial interest in uranium mining or gaining a competitive commercial advantage against HRI.

Moreover, the interests of SRIC2 and ENDAUM in requesting a hearing on the licensing of the Project are not private in nature.

Even if intervenor status in such a 1

Division of Community Development, Navajo

Nation,

" Chapter Images:

1992 Edition," Fall 1993 at 3, 9 (citing the 1990 Census).

Atomic Safety and Licensing Board Panel No. 950706-1-ML.

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a " private interest," that consideration has no proceeding were relevance here because SRIC and ENDAUM have not been ' granted intervenor status and MPC has not applied.

NRC Regulations set forth six factors to be weighed in determining whether to grant a fee waiver.

10 C.F.R. S 9.41(d).

fifth and sixth factors do not apply here because the The disclosure of the records sought is not in the commercial interest of the requesters.

The remaining four factors, and the reasons that they should be weighed in favor of a waiver in this case, are as follows:

First, the agency must examine "how the subject of the requested agency records concern the operations or activities of the Government." In this case, the request relates directly to the NRC's licensing activities for the Project, as well as the agency's compliance with the National Environmental Policy Act :"NEPA"), 42 U.S.C. SS 4321 g seq., and the National Historic Preservation Act

("NHPA"), 16 U. S. C. S 47 0 g p_e&. The requested records consist of e

information pertinent to these activities requested by NRC of HRI, such as cost-benefit

analyses, assessment of the Project's environmental

impacts, identification of traditional cultural properties under NHPA, NRC's review of HRI's record operating similar projects in Texas, and financial assurance necessary to restore drinking water as well as environmental and cultural As such, they reveal how NRC is carrying out its resources.

licensing authority as well as its mandates under NEPA and NHPA.

Accordingly, the subject of the requested records intimately concerns the operations or activities of NRC.

Second, the agency must consider "how disclosure of the information is likely to contribute to an understending of operations or activities."

The nexus between the Government content of the records sought here and the NRC's licensing of the Project is strong, as described in the previous paragraph.

In the disclo tre will be likely to contribute to public

general, understand.ing because the information disclosed will be analyzed and disseminated through the publications of the requesters and at community meetings described above.

Disclosure would enable the public to understand and critique, for example, the basis for NRC Staff's recommendations on the license application.

Third, the agency must determine "if disclosure is likely to contribute to public understanding." This factor is related to the fourth factor, whether "the disclosure is likely to contribute significantly to public understanding of Gov 6rnment operations or This request meets the third and fourth tests because activities."

the records are not otherwise readily available to the public and contain essential information.

For example, many of the documents for are believed to contain information not included in the DEIS Moreover, because virtually all of the documents are the Project.

technical in nature, they are inaccessible to the general public 5

i who have dif ficulty deciphering their technical language.

The disclosure will allow

ENDAUM, SRIC, and MPC to summarize information in the docunents in language accessible to the public, j

and to disseminate that information through their publications and i

meetings.

In addition, these records are believed to contain information essential to the public's understanding of the NRC's activities in licensing the Project, including information deemed important by the NRC to its own assessment of the Project's health, environmental and cultural impacts and HRI's ability to responsibly operate and clean up the site.

Finally, even if copies of some or all of these records are in the NRC docket room in Washington, D.C.,

the disclosure to the requesters will nonetheless contribute significantly to the i

public's understanding.

SRIC, ENDAUM, and MPC do not have the financial resources to review the documents in Washington, D.C.

Therefore, they will only be able to review the records, extract information, and disseminate it in a useful form if they are provided a copy.

The requestors will share a single copy, and will make their own additional copies to the extent needed to expedite their review.

Accordingly, a fee waiver should be granted because the disclosure of the information in the requested records "is in the public interest because it is likely to contribute significantly to public understanding of the operations or activities of the i

government and is not primarily in the commercial interest of the i

requester."

5 U.S.C.

S 552(a)(4)(A)(iii); 10 C.F.R. S 9.41(c).

If this request for a fee waiver is denied, please inform us of the basis for denial, as well as the estimated charge and the total number of pages before incurring costs.

We are mindful that in the absence of a fee waiver, the requesters should be treated as educational institutions for purposes of determining fees, and j

therefore must not be charged search costs.

5 U.S.C.

S 552 (a) (4) (A) (ii)

(fees shall be limited to document duplication when request is made by educational institution and records are not for commercial use).

Moreover, we have provided very sought specific descriptions of the requested records to reduce the search i

burden on the agency.

We look forward to your response within ten days, as required by the Act, 5 U.S.C.

S 552 (a) (6) ( A) (i).

In the interim, if you have any questions, please do not hesitate to call us at the telephone number above.

Your assistance is greatly appreciated.

Si

erely,

/

i Susan G.

Ordan Douglas eiklejohn 6

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Attachments 4

cc:

Mitchell Capitan, ENDAUM Chris Shuey, SRIC Aimee Boulanger, MPC J

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FREEDOM OF INFORMATION ACTION REQUEST l

DOCUMENTS RELATED TO NRC DOCKET NO.

40-8968-ML 4

Abbreviations Used in this List:

l EPA (United States) Environmental Protection Agency BRI Hydro Resources Inc.

NRC (United States) Nuclear Regulatory Commission PDR Public Documents Room RAI Request for Additional Information URI Uranium Resources Inc.

List of Documents Having, Specific Descriptions j

l and/or Identification Numbers Company /

Date of Acency Document Document Description URI Dec. 2,1988 Church Rock Project Hydrological Testing Report, 12-01-88, from Mark Pelizza, HRI, to Tom Olson, NRC (referenced in NRC RAI

1. 2, February 9,1995, Item No. 9, p. 29)

HRI Oct. 16, 1992 Unit 1 Project, UIC Application and Technical Report (referenced in NRC RAI

1. 2, February 9,1995, Item No. 8, p. 29)

HRI March 12, 1993 Section 9 Pilot Summary Report (referenced in NRC RAI #2, February 9, 1995, Item No. 6, p. 29)

HRI Nov. 20, 1993 Letter to Joel Grimm, U.S. NRC, from Mark Pelizza, HRI (referenced in NRC RAI #2, February 9,1995, Item No. 7, p. 29)

HRI Jan. 6,1995 Environmental Assessment Allotted Lease Program Unit 1 (referenced in NRC RAI #2, February 9, 1995, Item No. 11, p. 29)

HRI Oct. 9, 1995 Unit 1 Project, UIC Application and Technical Report (referenced in NRC RAI

1. 2, February 9, 1995, Item No. 10, p. 29)

HRI Feb. 20,1996 NRC PDR Ascension No. 9602220389; responses to Questions 1-21, 25-31, 33-48 of NRC RAI #1; 297 pages w/ 5 maps HRI March 4, 1996 NRC PDR Ascension No. 9603110358; i

a HRI March 4,1996 NRC PDR Ascension No. 9603110358; responses to Questions 23, 32 of NRC RAI

1. 1; 127 pages HRI April 1, 1996 NRC PDR Ascension No. 960403020; j

responses to Questions 49-91 of NRC RAI

1. 2 (described as "4-inch binder")

HRI April 5, 1996 NRC PDR Ascension No. 9604090313;

)

responses to NRC RAI #2, omitted from.

April 1 submittal; 37 pages + 1 oversized drawing HRI April 10, 1996 NRC PDR Ascension No. 9604150068; supplemental responses to Questions 10, 14, 16, 17, 20, 26, 32, 36 of NRC RAI #1; i

48 pages + 1 oversized drawing HRI April 24, 1996 Response to Question No. 92 of NRC RAI

1. 2, concerning cost-benefit analysis (described as 3 5-inch binders)

HRI

.May 1, 1996 Responses to Questions 22, 24 of NRC RAI #1 (author, title, length unknown)

Documents Having Narrative Descriptions Only and/or Having Been Cited Orally or in Writing by NRC Staff NRC July 11, 1996 NRC RAI #3 (referenced in NRC Staff's

" Status Report" to Presiding Officer of the Atomic Safety and Licensing Board, August 30, 1996)

HRI

[ post-July)

Document (s} responding to NRC RAI #3 (author (s), title [s), length, date unknown)

NRC

[ late 1995, Reports, written summaries or any written early 1996) materials documenting NRC staf f review of State of Texas licensing recc d: f or URI operations in South Texas. At a meeting in Crownpoint, N.M., on October 11, 1995, ENDAUM and SRIC representatives heard NRC staffers report that they had been to Austin, Texas, to review such licensing records in the possession of agencies within the Texas Natural Resources Conservation Commission.

Texas (1995, 1996)

Response of state of Texas to NRC's

" summary of allegations" made by Mr.

NRCC(?)

ii

Mervyn Tilden about URI's Texas operating history.

Such a summary was described in a letter to Mr. Tilden from Robert L.

O'Connell, Allegation Coordinator, NRC Office of Nuclear Material Safety and Safeguards, dated April 27, 1995.

EPA April 18, 1995 Letter from Steven A. Herman, assistant administrator, EPA Office of Enforcement and compliance Assurance, to James Taylor, NRC executive director for operators, concerning financial assurance for HRI Crownpoint Project.

This letter was referenced in a letter from John T.

Greeves, director, Division of Waste Management, NRC Office of Nuclear Material Safety and Safeuards, to Steven A. Hermann, EPA, dated May 11, 1995 (Ascension No. 9505300004).

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t UNITED STATES g

E NUCLEAR REGULATORY COMMISSION U

E WASHINGTON, D.C. 20e&4001" 7 l

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January 11,1996' 7-e 1

i Hydro Resources, Inc.

12750 Merit Drive Suite 1020, LB 12 I

Dallas, Texas 75251 Attention: Mr. Mark Pelizza, Environmental Manager l

l

SUBJECT:

REQUEST FOR ADDITIONAL INFORMATION; SAFETY ANALYSIS REVIEW AND l

ENVIRONMENTAL REVIEW FOR THE HYDRO RESOURCES, INC. URANION SOLUTION MINING LICENSE APPLICATION, CROWNPOINT, NEW MEXICO I

Dear Mr. Pelizza:

The U.S. Nuclear Regulatory Commission staff, with the assistance of Oak Ridge National Laborstory (ORNL), has completed the initial safety analysis review and the detailed environmental review of the Hydro Resources, Inc. (HRI) supporting documentation for the above referenced source material license application.

The detailed environmental review was initiated to address the majority of the public comments received on the draft Environmental Impact Statement (EIS) issued for comment in October,1994. to this letter contains requests for additional information needed to proceed with the licensing review and to complete the final EIS. These l

requests encompass both safety and environmental issues, excluding water I

resource protection and cost / benefit analysis issues. The water resource and cost / benefit information requests will be transmitted to HRI under separate cover within 30 days of date of this letter.

In addition, some additional information may be needed from HRI at a later date to adequately address a few of the public comments as the EIS is finalized.

4

'I is a copy of the NRC Staff Technical Position WM-8201 " Hydrologic Design Criteria for Tailings Retention Systems," provided for your information i

to address information request 32 listed in Enclosure 1.

l l

l In order to support the revier schedule, please provide your response to the l

issues identified in Enclosure I within 60 days of this letter. If you are unable to meet this date, please provide your schedule for responding within 10 days of receipt of this letter.

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If you have any questions concerning this letter, please contact the NRC Project Manager, Mr. Michael layton, at (301) 415 6676.

Sincerely, (Originalsignedby)

Daniel M. Gillen, Section Leader Uranium Recovery Projects Section i

High-Level Waste and Uranium Recovery Projects Branch Division of Waste Management Office of Nuclear Material Safety and Safeguards l

1 I

Enclosures:

As stated (2)

Docket No.:

40-8968 Casework Hos.:

X60529, X60576 cc:

- James Saulsbury, ORNL DISTRIBUTION:

PUBLIC HLUR r/f DWM r/f HMSS r/f FILE CENTER JPark CMcKenney WFord LHowell,RIV AGarcia w/o gu.. z. :

JHolonictP[O MFederlind,g35urmeier Q( 2 DOCUMENT NAME: S:\\0WM\\HLUR\\MCL\\HRI Q1.LTR I

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OfflCIAL RECORD COPY

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g UNITED STATES

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S NUCLEAR REGULATORY COMMISSION f

WA8HINGTON, D.C. 30666 4001 j

9

/

February 9,1996 Hydro Resources, Inc.

12750 Merit Drive Suite 1020, LB 12 Dallas, Texas 75251 Attention: Mr. Mark Pelizza, Environmental Manager

SUBJECT:

REQUEST FOR ADDITIONAL INFORMATION; WATER RESOURCES PROTECTION AND COST / BENEFIT ANALYSIS; SAFETY ANALYSIS REVIEW AND ENVIRONMENTAL l

REVIEW FOR THE HYDRO RESOURCES, INC.(HRI) URANIUM SOLUTION MINING LICENSE APPLICATION, CROWNPOINT, NEW HEXICO i

Dear Mr. Pelizza:

As stated in our January 11, 1996 request for additional information, the U.S.

Nuclear Regulatory Comission staff, with the assistance of Oak Ridge National Laboratory (ORNL), is transmitting the enclosed request for additional information for water resources protection and cost / benefit analysis review to this letter contains the requests for additional i

areas.

information in these two areas. Enclosure 2 contains the Description of i

Proposed Action and Alternatives (00PAA), which forms the basis for the alternative action evaluation in the final Environmental Impact Statement (EIS). The enclosed 00PAA is included as a reference for your responses to the cost / benefit information requests.

The water resource protee' ion issues described in Enclosure I contain a broad range of environmental and safety concerns. However, the NRC staff views the following three main issues as especially critical to the continued licensing review and for completing the final EIS:

a demonstrated ability to restore the groundwater after solution mining, as detailed in connents 49, 50, and 51; i

the ability to conduct solution mining close.to a public water a

supply at Crownpoint, as described in coments 73,74, and 75; and the effects of old mine tunnels on. vertical and horizontal control

'of potential excursions at the Church Rock property, as described in coment 87.

The NRC's review of HRI's proposed Crownpoint and Unit I operations is based on the assumption that the town of Crownpoint will continue to operate the j

i If this existing water wells for supplying drinking water to the comunity.

situation changes, HRI must provide an analysis to address the potential impacts the proposed activities may have on any new water supply wells.

9902Y40i% 1/O

i 2

M. Pelizza In order to support the review schedule, please provide your response tc e

issues identified in Enclosure 1. within 60 days of the date of this let If you are unable to meet this date, please provide your schedule for If you have any responding within 10 days of receipt of this letter.

Mr.

questions concerning this letter, please contact the NRC Project Manage

• i Michael Layton at (301) 415-6676.

Sincerely, (A.)k Joseph J. Holonich, f

Uranium Recovery Branch Division of Maste Management Office of Nuclear Material Safety and Safeguards 1

Enclosures:

As stated Docket No.: 40-8968 Casework Nos.:

X60529,'X60576 James Saulsbury, ORNL cc:

j pyHlB IT 7--_ _ _ _ _ _. _ _ _ _ _ _. _. _ _

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^e m mm DOCKET NUMBE RIS)(if atwicablej I

l REQUESTER

(

i Susan G. Jordan i

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PART 1.4GENCY RECCRDS RELEASED OR NOT LLOCATEC (See checked boxes)

No agency records subject to the request have been located.

f No additional agency records subject to the reqfehpave byen Irew Requested records are available through another public distribution program. See Comments section, jXX Agency records subject to the request that are identified in Appendix (es)

A are already available for public inspection and copying at the NRC Public Document Room 2120 L Street, N.W., Washington, DC.

l Agency records subject to the request that are identified in Appendix (es)

R are being made available for public inspection and copying i XX ct the NRC Public Document Room,2120 L Street, N.W., Washington, DC,in a folder under this FOlA number.

i

]

The nonproprietary version of the proposal (s) that you agreed to accept in a telephone conversation with a member of my staff is now being made available j

for public inspection and copying at the NRC Public Document Room,2120 L Street, N.W., Washington, DC,in a folder under this FOI A number.

l Agency records subject to the request that are identified in Appendix (es) may be inspected and copied at the N RC Local Public Document Room identified in the Comments section.

Enclosed is information on how you may obtain access to and the charges for copying ret;ords located at the NRC Public Document Room. 2120 L Street, i XX N.w., wahington, DC.

i Agency recordssubjecttothe requestare enclosed. Appendix B and the releasable portions of Appendix C document:

) yy Records subject to the request have been referred to another Federal agency (ies) for review and direct response to you.are encl o5 ed.

yy i

Fees WAIVED l

l You will be billed by the NRC for fees totaling $

1 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 taken on appeal letter dated

, No.

PART 11. A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE j

Certain information in the requested records is being withheld from public disclosure pursuant to the ememptions described in and for the reasons stated

!,X in Part it. 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 s

im, e otton and copying in the NRC Public Document Room,2120 L Street, N.W., Washington, DC in a folder under this FOI A number.

! COk MENTS l

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i SlD : UR. DIRE e n elVISIOMF F - go M OF INFORMATION AND PUBLICATIONSSERVICES N

8 IA -

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F una tvuutite4tM i

RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST FOIA 527 M 12 W j,

(CONTINUATION)

PART ILB-APPLICABLE EXEMPTIONS l

are being withheld in their entirety or in part under the Records subject to the request that are described in the enclosed Appendix (est Ecemption No.(s) and for the reason (s) given below pursuant to 5 U.S.C. 552(b) and 10 CF R 9.17(a) of NRC tegulations.

1. The withheld information is property classified pursuant to Executive Order. (Exemption il

2. Tho withheld mformation relates solely to the internal personnet rules and procedures of NRC. (Exemption 21

3. The withheld information is specifcally esempted from & desclosure by statute indicated. (Exemption 3) l af the Atomic Energy Act,which prohibits the disclosure of Restricted Data or Formerly Restricted Data (42 U.SA 21612165).

Sections 141141 Section 147 of the Atoonic Energy Act,which prohibits the disclosure of Unclassified Safespards information (42 U.S.C. 2167).

4. The wethhold informatson is a trade secret or comrnercial or fmancial mformaten that is being wethheld for the reasontsi indicated. (E The mformaten is consedered to be confedential business (proprietary) informaten.

The information is considered to be propnetary informaten pursuant to 10 CFR 2.790tdHIL The mformation was submitted and recewed a conhdence pursuant to 10 CFR 2.790 tali 21.

6. The withheld mformaten consists of enteragency or miraagency records that ase not avadab6e ttwough discovery during hteg Disclosure of predecisenal a'ni2rmaten would tertd to enhabet the open and frank enchange of ideas essential to the dehbo

~

l Where recorda are withheld in thew ents aty, the facts are mentreably intertwmed with the predecisional mf ormstron There Dehborstwo Procese:

portions because the release of the f acts would permit en indeoct inquiry mio the predecisional peacess of the agency.

Attorney work. product prwelege (Documents prepared by an attorney a contemplaten of htigation i Attorney 4:lient privilege. (ConfWential communications between an attorr ey and his/her client.)..

6. The wnhhekt informaten is esempted from public disclosure because its disclosure would resu#t e a clearly unwarran g

7. The withheld informatson consists of records compiled for law enforcement purposes and is bemg withheld for the r Disclosure could reasonably be expected to interfere with an enforcement proceedmg because it could reveal the scope, direction enforcement efforts, and thus could possibly aflow recipterets to take action to shield potential wrongdoing or a violation of NRC requiro from investigators. (Exemption 7 (All Disclosure would constitute an unwarranted evasen of personal privacy. (Ememption 7(C))

The mformaten consists of names of indmduais and othes anformation the disclosuee of which could reasonabi, be emoe confidential sources. (Exemption 7 (D1)

~

PART N/ C-DENYING OFFICIALS l

duction or disclosure, and that its production or disclosure is contrary to the pubisc l

d n ing Executive Derector officals and the Director. Division of Freedom cf Informaten and Publications Services. Office of Administration, for any denials that for Opersters (EDOL TITLE / OFFICE RECORDS DENIED APPELt ATE OFFtCIAL l

DENYING OFFICIAL EDO SECRETARY' IG Carl J. Paperiello Director. NMSS Appendix C XX l

i I

I I

PART lt. D-APPEAL RIGHTS l

f eM The denial by each denying of 6cial identified in Part it.C may be appealed to the Appeinate Officialidentified the i

General. U.S Nucles of this responsa. Appeals must be addressed, as appropriate. to the E secutava Director for Operatens, to the Secretary of the Co Regulatory Commissen. Washington. DC 20555, and should clearly state on tre envelope and m the letter that it is an NRC FORM 464 (Part 2) (191)

Re: FOIA 96-527 APPENDIX A r

RECORDS ALREADY AVAILABLE IN TFE PDR ACCESSION NO.

DATE NUMBER DESCRIPTION /(PAGE COUNT) 1.

12/02/88 8812210282 Church Rock Project Hydrological Testing Report, 2-01-88, from M.Pelizza, HRI, to ' Tom Olson, NRC (referenced in NRC RAI #2, Feb 9, 1995, Iter No. 9, p. 29)

(2 pages) 2.

10/16/92 9509070123 Unit 1 Project, UIC Application and Technical Report (referenced in NRC RAI #2, 2/9/95, Ites 8) (390 pages) 3.

03/12/93 93041-30421-Section 9 Pilot Sussary Report (reft in NRC RAI #2, 2/9/95, Ites No. 6)-

(10 pages)

• 4.

11/29/93 9402280404 Letter to J. Gries. US NRC, from M.

Pelizza, HRI (referenced in NRC RAI

1. 2 2/9/95,. Ites No. 7 (2 pages) 1 5.

01/06/95 9501120327 Environmental Assesssent Allotted Lease Program Unit 1 (referenced in NRC RAI #2, 2/9/95, Ites No. 11)

(4 pages) 6.

04/24/96 9604260063 Respon;e to Gees 92 of NRC RAI #2, concerning cost-benefit analysis (described as 3 5-inch binders)

(1,200 pages) 7.

05/01/96 9605080097 Responses to Ques 2,?, 24 of NRC RAI

1. 1 (72 pages) 8.

07/30/96 9608090021 NRC RAI #3 (references in NRC Staf f's Status Report to presiding officer of the Atomic Safety and Licensing Board, 8/30/96 (5 pages)

1. 9.

1995/96 9505260235 Response of state of Texas to NRC's

.sussary of allegations made by Mervyn Tilden about URI's (3 pages) j

• The dates for these two documents were incorrect in the requester's FOI A.

The dates that appear on this listing are the correct ones.

• • We were unable to located the document dated 10/9/95,

Re:

FOIA-96-527 APPENDIX B RECORDS BEING RELEASED IN THEIR ENTIRETY (If copyrighted identify with *)

.NO.

DATE DESCRIPTION /(PAGE COUNT) 1.

Undated Status summary sheets (3 pages) 2.

Undated Case Chronology (1 page)

I 3.

Undated Hydro Resources, Inc. - List of Concerns. (1 page) 4.

Undated Allegation against Uranium Resources, Inc.

February 15, 1995, Facsimile from Zuni Mountain Coalition. (2 pages) 5.

02/15/95 First page of amended request for public hearings.

(1 page) 6.

02/17/95 Allegation Review Board Summary (1 page) 7.

02/17/95 Handwritten note to MLayton and JHolonich from R. O'Connell re: Zuni Mountain Coalition.

(1 page) 8.

02/22/95 Excerpt from Transcript of the evening i

session of the public hearing in Crownpoint, New Mexico.

(6 pages) i 9.

02/22/95 Excerpt from Transcript of morning session of the public hearing in Crownpoint, New Mexico.

(5 pages) 10.

02/23/95 Excerpt from Transcript of public hearing in Church Rock, New Mexico.

(9 pages) 11.

03/07/95 E-mail from R. O'Connell to J. Holonich re:

Hydro Resources Allegation (1 page) 12.

03/07/95 E-mail to R. O'Connell from J. Holonich re:

Hydro Resources Allegation (1 page) 13.

03/31/95 Allegation Review Board Summary (2 pages) 14.

05/01/95 E-mail phone message to R. O'Connell re:

l State responses from L. Lopez (1 page) l l

15.

05/01/95 E-mail to R. O'Connell re:

BIA Address from l

M. Layton (1 page) 4

a;.-

s

~ RIV re:

Allegations 16.

05/03/95 Memo to R.

Doda, received by the NRC office of NMSS re:

Hydro i

Resources, Inc. from P. Lohaus (13 pages) j 17.

05/09/95 Handwritten note regarding Hydro Resources.

(1 page) j 18.

05/10/95 Letter to BIA rei Hydro Resources from R.

O'Connell w/ attachment (3 pages) 4 l

19.

05/16/95 Letter to M. Hibbs re:

Allegation RIV-95-A-0073 from Robert Doda (1 page) h' Memo'to M. Hibbs from V. Whadford re:

URI, 20.

09/28/95 Inc. Allegations w/ attachments (63 pages) i 21.

09/29/95 Letter to R. Doda, RIV re:

URI, Inc.

(1 5

Allegation; File RW3653 from A.H. Rogers page) 1 22.

10/11/95 Memo to R. O'Connell from R. Wise re:

Hydro Resources (1 page) 23.

10/11/95 Handwritten note to Russ re:

Texas National Resource Council (1 page) 24.

11/21/95 Allegation Review Board Summary (3 pages)

I l

i Re: F01A-96-527 i

l APPENDIX C RECORDS BEING WITl4 ELD IN PART NO.

DATE DESCRIPTION /(PAGE ColMT)/EXEppTIONS i

1.

04/27/95 Ltr from NRC to individual ret Hydro _ Resources Inc (2 pages)

Exemption 6 2.

04/27/95 Ltr from NRC to individual re Hydro Resources, Inc. (1 Page) l

)

Exemption 6 3.

07/21/95 Ltr from NRC to individual res I

Hydro Resources, Inc (1

page) Exemption 6 1

l 4