ML20154E103
| ML20154E103 | |
| Person / Time | |
|---|---|
| Issue date: | 08/31/1988 |
| From: | Stello V NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | Bremberg B AFFILIATION NOT ASSIGNED |
| Shared Package | |
| ML20154E109 | List: |
| References | |
| FOIA-88-222, FOIA-88-A-38 NUDOCS 8809160214 | |
| Download: ML20154E103 (2) | |
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AUG 311988 Blair P. Bremberg, Esquire IN RES'ONSE REFER 2381 River Plaza Dr., No.114 T0: F0!A-88-A-38 Sacramento, CA 95t,33 (FOIA-88-222)
Dear Mr. Bremberr This is in response to Mr. Donnie H. Grimsley'your letter dated July 13, 1988, in which you appealed s response dated June 30, 1988. Mr. Grimsley's response denied ten records subject to your Freedom of Infonnation Act (FOIA) request for three categories of records related to the Uranium Mill Tailings Radiation Control Act of 1978.
You specifically appealed the denial of portions of the record identified on enclosed Appendix D and the denial of the records identified on enclosed Appendix E of Mr. Grimsley's response dated June 30, 1988, Acting on your ap)eal, I have carefully reviewed the record in this case and r
have determined tiat some additiont.1 information will now be made publicly available. Your appeal is, therefore, partially granted and partially denied.
The one-page transmitcal memorandun dated February 4, 1988, from Mr. Martin to Mr. Rehm identified on Appendix E, number 4, can now be made publicly available i
and is enclosed. The attached five pages on legislative proposals will contint.e to be withheld from public disclosure. Also, the withheld portions of the record listed on Appendix 0 and the remaining denied records listed on Appendix E will continue to be withheld from public disclosure pursuant to j
Exemption (5) of the FOIA (5 U.S.C. 552(b)(5)) ated 10 CFR 9.17(a)(5) of the Commission's regulations. These records describe the preliminary opinions of the staff. Exerption (51 was intended to permit the agency's withholding of such records to preserve the free and candid internal dialogue necessary for j
the careful formulation of agency discussions.
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In light of certain assumptions stated in you appeal letter, the staff provied the following information regarding the records partially or wholly 1
denied. The two withl.ald sections of the record identified on Appendix D refer to guidance options being considered by the staff in the current development
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of a Branch Technical Position (BTP) which wou1C present mechanisms acceptable i
to the staff to comply with the requirements in Criteria 9 and 10 of Appendix A to 10 CFR Part 40.
The records identified at numbers one through five on Appendix E address legislative actions which the staff has under consideration and r.ay not complete until January 1989.
The records identified t
at numbers six through nine on Appendix E address various aspects of the Office of Nuclear Materials Safety and Safeguards (NMSS) financial assurance program. The pages subject to your FOIA request discuss the uranium recovery i
portion of the NHSS program including reconsnendatians for ch6nges in the regula?ory frainework or reconsnendations for implementation through suggested guidance such as the BTP which is currently under development and expected to be issued 'ater this year.
l 8809160214 080831 MD
-A-38 PDR
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This is a final agency decision. AssetforthintheFOIA(5U.S.C.
552(a)(4)(B)), fudicial review of this decision is available in a district court of the United States in the district in which you reside or have your princioal place of business or in the District of Columbia.
Sincerel 7,c:
Victor Sta lo, r.
Executive D v ctor for Operations
Enclosures:
i 1.
Appendix 0 2.
Appendix E 3.
Record Identified at No. 4 on Appendix E a
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