ML20154E585
| ML20154E585 | |
| Person / Time | |
|---|---|
| Site: | 05000142 |
| Issue date: | 09/15/1983 |
| From: | Brown W NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | Thomas C Office of Nuclear Reactor Regulation |
| Shared Package | |
| ML20154E537 | List: |
| References | |
| FOIA-85-196 NUDOCS 8805200257 | |
| Download: ML20154E585 (1) | |
Text
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MEMORANDUM FOR: Cecil 0. Thomas, Chief Standardization and Special Projects Branch Division of L! ensing NRR FRO:i: Willard B. Brown, Chief Fuel Facility Safeguards Licensing Branch Divi ton of Safeguards, N'!SS SUCJECT: TECHNICAL ASSISTNICE REQUEST: UCLA REVISION 5 This refers to your Technical Assistance Request dated March 16, 1983.
Attached is a copy of the Marao To File which was prepared during our original review of Revision 5 to the UC1.A Physical Security Plan which was submitted by letter dated August 10, 1982. Each change, as reflected in the Memo To File, is considered not to decrease the effectiveness of the plan. Therefore Revision 5 is acceptable.
We have detemined that the Memo To File contains infomation of a type specified in 10 CFR 2.790(d). Acccrdingly, it is deemed to be infomation within the meaning of 10 CFP 9.5(a)(4) and is subject to public disclosure only in accordance with the provisions of 10 CFR 9.12.
- f. Willard B. Brown, Chief Fuel Facility Safeguards Licensing Branch Division of Safeguards. HMSS
Attachment:
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I By letter dated Aur.ust 10, 1902, ULLA submitted Revision 5 to their Physical Seedt.ty Plan for the Protection of Special Nuclear Faterial of Moderate Strategic Significance. We have reviewed these page changes under the l provisions of 10 CFR 50.54(p) and have determined that they do not decrease the effectiveness of the security plan and are therefore acceptable. A brief analysis of the 5 page changes follows:
p . 1-4 There are 2 changes on this page which indicate that the licensee has reduced the 3 Pu-Be neutron sources to 1 source. This source will continue to be locked in a steel drum chained to the wall.
- p. 1-5 Two sentences were deleted which 1) dealt with the fuel being exe.e.pt because of its inaccessibility and 2) the fact that the fuel reads greater than 100 rem / hour at one meter. The licensee has reduced the total amount of fuel on site to less than 5000 grams by shipping material offsite. Therefont, the license 6 can delete these sentences which dealt with exe:npt material and does not have to meet the requirements of 10 CFR 73.60.
Figure 4 This drawing shows the ground ficor of the Nuc1 car Energy Laberatory. The addition of 2 key locks and one lock change is indicated in the legend in the revision.
Figure 5 This drawing shows the addition of a shaded area on the 2nd floor of the Nuclear Energy Laboratory that has been designated as a security area,
- p. A/8 This table describes the amounts of stored nuclear materials onsite, j-The new revision excludes the exerpt material referenced on p:ge 1-5 that was deleted. The licensee is now below 5000 grams of r.sterial onsite.
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- 1637 BUTLER AVENUE #203 LOS ANGELES, CAUFORNIA 90025 (213) 478 4829 ,
durch 21,1985 Director Office of Administration Division of Rules and Records U.S. Nuclear Regulatory Ccrmission pppsh Washington, D.C. 20555 BY EXPRESS
- OF INFO % A T K;N ACT REQUEST FDIA Request QQ , gg
Dear Sir:
Pursuant to the Freedom of Information Act, as amended, I hereby request the following records and documents regarding the UCLA reactor facility, Docket 50-142, and the Special Nuclear Material formerly possessed pursuant to Facility License R-71:
(1) The security plan as submitted to tac in 1980.
(2) All subsequent anendrents thereto.
(3) All prior security plans for the UCLA reactor facility, ard all i
amend: rents thereto, f rom 1959 cri.
(4) All security inspection reports for the UCLA reactor facility, including notices of violation, and responses thereto, frcn 1959 on.
(5) All correspondence between UCLA and the AEC/NRC, and between the AEE/tRC and UCLA,1959 to the present, dealing with the security plans or l amendments, occarrences at the facility of a security interest, or any other ,
catter asscciated with the security of the UCLA, reactor and/or its Special 1 4
Naclear tuterial. ,
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(6) All transcripts, correspardence, pleadi.:gs, Board Memoranda and Orders, written testimcny, af fidavits, and other documents generated in or {
associated with the UCLA reactor relicensing pro eding wttich were not I released to the Public Ibcument Room because they allegedly contained '
information related to the security of the UCIA reactor and its SNM. ,
(7) Any other documents or records not included in items (1) through (6) related to Docket 50-142 from 1959 to the present that were not released to the Public Document Room because they allegedly ccntained safegtards or '
security information. l (8) Memoranda, mrrespondence, or ;ther documents or records generated by Hal B2rnard or Colleen P. Woodhead since June 1984 discussing response to any request by UCLA for return or restriction of release of documents asscciated with the UCLA reactor or its Special Nuclear buterial fornerly classified as containing Safegtards Infortration. 7ttis shall include, but not te limited to, any request by Hal Berrard or Cbileen P. Woodhead to other NRC Staff personnel or offices for return of UCLA former safegturds dccurents such as security plan ard arrendments, i T1-61#54 SV7~@ly)
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i (9) Memoranda, correspondence, or other documents or records generated !'
by other NRC perscnnel than Hal Bernard or Colleen P. Wocdhead on the subject identified in (8) above. This shall include respcoses by NRC [
prsonnel to any such memoranda, correspmdence, or other documents or
! records. ,
, (10) Memoranda, correspondence, or other documents or records not '
included in (8) or (9) abcne discussing the post-June 1984 status of the UCIA security plan, amendments thereto, and other UCIA dccuments in possession of NRC tMt were formerly categorized as not releasable to the public because they contained Safeguards Information. Wese docummts or ;
records to include, but not be limited to, items that address the issue of ;
releasability of former safeguards information once the Special Raelear '
Material tMt was being safegturded Ms been remcued from the site in ;
l question and the NRC-approved security plan and associated safeguards '
information protection requirements no longer apply. !
(11) tocuments or records not included in response to items (8), (9) or 1 (10) but discussing mtters surrounding these issues.
This request includes all agency records as defind in 10 CFR 9.3a(b) 2 and the NRC Manual, Appendix 0211, Parts 1.A.2 and A.3 (approved October 8, 1980) wMther they exist currently in the NRC official, "working,"
investigative or other files, or at any other locaticn.
We last four categories of records requested above should represent, amcog otMr items, all documen'.s ard records in the agency's possession as of receipt of this request that discuss response to UCIA's request of January 16, 1985, for return or restriction of its former (most recent) security plan and amendments thereto, as well as all other dccuments and records discussing the status of releasability of UCIA hnts formerly 1
j categoriM as containing Safeguards Information now that the Special !
Nuclear Material Ms been removed and the facility is considered by UCIA and the NRC Staff to no longer be required to have an tGC-approved security plan nor certply with Part 73 requirements.
1 We first seven categories of documents should represent all dccuments and records possessed/ b the NRC as of the date of receipt of this EDIA request related to Docket 50-142 and License R-71 which Mye not previously i been included in the public dccket because they were alleged at the tire to contain information prcperly categorized as safeguants information or
)j otherwise discussing security matters. Because of UCIA's de:ision to permanently close down ard dismantle its reactor facility, and because all i
i reactor fuel Ms been reported by UCIA to Mve been removed from the site, I these dccuments are no longer properly categorized as ccntaining safeguards information and should be released, as required by 10 CFR 73.21(i).
, 10 CPR 73.21(i) (Removal from Safeguards Information Category) requires 1
Dccuments originally containing Safegtards Information shall be rewnd
- from the Safeguards Infonnation category whenever the infonnaticn no i longer reets the criteria contained in this secticn.
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s l Section 73.21 of Title 10 of the Code of Federal Regulations provides '
i the criteria by which the NRC may properly restrict distribution of l
unclassified safeguards information, %ose criteria are tMt the i
l information related to piysical protection of licensees can and should te restricted from public release if the licensee (1) possesses a formula
, gaantity of strategic special nuclear material, (2) is authorized to cperate l
a nuclear power reactor, or (3) transports, or delivers to a carrier for transport, a formula quantity of strategic special nuclear material or more than 100 grams of irradiated reactor fuel.
The docwnents in question are no longer properly protectable from ,
release because none of the three criteria specified in the regulation are !
met. (1) UCIA no 1coger possesses an_v fuel. (2) UCIA was a research, not power reactor, and in any event, is no longer authorizcd to operate the research reactor, its license Mving been amended to a pcssession only status. (3) All irradiated fuel has already been transponcd off-site.
10 CFR 73.21 provides the criteria by which security information can be properly prohibited from public release. Section (i) of tMt regulatico requires that documents originally containing safegmrds Information must te ;
removed from the category of information regairing protection "whenever" the ;
information no Icnger meets the criteria contained in 10 CFR 73.21. We '
! informatico in questico, dealing with past (in some cases, 25 years l past) security for Special Nuclear Material no longer on site and former j plans which LCA itself says NRC regulations no longer require, no longer meets any of the 73.21 criteria and therefore must be removed from the ,
protected category and made releasable. '
' Whereas the documer.ts in question may once Mve been protectable from disclosure under 73.21 (and, before the promulgation of tMt regulatico, 10 CFR 2.790) because they assertedly contained Safeguards Information, that is no loncer the case. (Please note that even 2.790(d), under which some of the material was previously categorized, no longer applies, because it cnly deals with dce=ents containing information, not otherwise catecprized as safeguards Information, related to the physical protecticn of Special Nuclear Material, which inA no longer possesses.) With the decision to close the facility and the off-shipment of the SNM--i.e., the nuclear I
l mterial the NRC is mandated to pi:Otect-the original basis, ard the only l relevant legal NRC authority for restraining release of the material (now t
I almost entirely historical) Ms vanished.
CB3 requests that fees be waived, because the "information can be ccnsidered as primrily benefitting the general public," S U.S.C. 552 (a)(4)(a). CB3 is a nco profit, nonpartisan public interest organization etncerned with safeguards matters related to nmpower reactors and with appropriate conduct of NRC and licensee employees in proceedings before the NRC, as well as being party to the on-going UCIA reactor proccolirq (no i termination order has yet issued) and petitioner for leave to intervene in ,
the UCIA dismantleent proceeding. '
Pursuant to tM requirements of the Freedom of Information Act and the practice ard procedure g the NRC M carrying out its cbligations under FOIA 1 CEG requests that no document _s relatedo,t_c this request M rossession of the NRC as of the date of receipt of this request be destroyed or l Eansferred7 rom the custol9 of the NW until final rTsolution g Eis 1
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,- ' re7aest, includino any apreal that my result therefrom, and .that the FDIA j
1 office promptly so inform NRC staf f personnel who may be currently g possession of documents related to this request. 'dy copy of this letter, we are informing Colleen P. Woodhaad, Hal Berrard, Joseph Gray, Harold '
Denton, Cecil Thomas, and the Director of OIA that the above documents are subject of an active FOIA request and that destruction or transfer of any of j them from NRC custcdy is therefore prohibited until the FOIA reqJest is finally resolved. Please make your own notification to all relevant offices !
and individuals as soon as possible.
i Some of the dce'ments identified in this request are, we believe, '
subject of a previous FOIA regaest submitted by CBG last year for all 4
documents associated with an investigation by the Office of Inspector i Auditor into allegaticas of misconduct made by the Atomic Safety and '
Licensing Bcard with respect to certain NRC employees. In particular, the ,
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security plan and scoe of the inspection reports for UCLA were specifically identified by the ASIS in its Febniary 24, 1984 Memorardum and Order ma;ing the charges of misconduct and are, we believe, likely to be part of the OIA l investigatory file cubject to our earlier request. Any destruction or l transfer of custcdy of these dccuments pending final resolution of that j
earlier FOIA request would likewise violate agency obligations under FOIA (see, e.g., the Apolecate case). We renew our ingairy as to the long-delayed respcose to that previous FOIA submission, t t
should any of the dccuments identified in this FOIA request, or ;
asscciated with it but identified previously in the earlier FOIA request '
related to the OIA investigation, have teen destroyed or transferred from i NRC custody, we request full description of the circumstances surrourding i
- t% removal, transfer, or destruction of the requested records, including the identity of all individasis involved, and the relevant dates.
! The abcNe documents are currently subject of settlement negotiaticns 5 among the parties to %e UCLA proceeding, the results of which may affect
, matters related to this request. !
) I Please promptly take the necessary steps 9 assure that the dccuments '
> in qaestion are neither destroyed nor removed from NRC custody while I respcnse to these FDIA requests are being pr_ccessed (or,in the unlikely event thsIany rortions of these dccuments are not provided despite their _no j lancer containino protectable safecuards Informatico, until all arocals have Nen exhaustcd. )
4 Sincerely, Steven Aftergood Dcecutive Director g cc: H. Denton*
C. Thcras*
H. Bernard
- C. Woodhead*
J. Gray *
' Director, OIA*
W. Cormier REIA) i a' 4
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