ML20154J340

Final Response to FOIA Request for 26 Documents Re GE Facility in Wilmington,Nc.Forwards Apps D & E Records.App E Documents Partially & Totally Withheld (Ref FOIA Exemption 4).Documents Also Available in PDR

ML20154J340
Person / Time
Site:	07001113
Issue date:	01/24/1986
From:	Grimsley D NRC OFFICE OF ADMINISTRATION (ADM)
To:	Ratner M RATNER, M.G.
Shared Package
ML20154J343	List: ML20154J340 ML20154J356 ML20154J411 ML20154J426 ML20154J433
References
FOIA-85-158 NUDOCS 8603100570
Download: ML20154J340 (4)

Text

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UNITED STATES

$ -0W d o NUCLEAR REGULATORY COMMISSION D p WASHINGTON, D. C. 20655

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Mozart G. Ratner, Esquire 1900 M Street, NW, Suite 610 IN RESPONSE REFER Washington, DC 20036 TO F01A-85-158-A

Dear Mr. Ratner:

This is the final response to your letter dated February 25, 1985, in which you requested, pursuant to the Freedom of Information Act (F0IA),

copies of 26 specified documents related to General Electric Company's facility in Wilmington, North Carolina, with regard to a complaint you filed with the Department of Labor on behalf of your client. ,

The records identified on the enclosed Appendix 0 and certain records or portions of records identified on the enclosed Appendix E are being made available for public inspection and copying at the NRC Public Document Room (PDR), 1717 H Street, NW, Washington, DC 20555, in the PDR file folder under the above-referenced F0IA number and your name.

We have been informed by the staff that one record has been identified as separate records at numbers 1 and 2 of your request. This record was requested in your previous F0IA request F01A-85-554. The record is a letter from Vaughan addressed to Goode instead of Stohr. Please refer to Mr. Felton's response letter to you dated November 19, 1985, Appendix A-2.

Further, we have also been informed by the NRC staff that most of the records regarding the responses of General Electric to violations between 1978 and 1985 (Item 24 of your request) were provided to you with NRC Region II Regional Counsel's letter dated March 15, 1985. Also, two records subject to Item 24 of your request were previously addressed with regard to your previous F0IA request F0IA-85-440.

The records identified on Appendix E are being withheld in whole or in part because they contain information which identifies procedures for safeguarding licensed special nuclear material at a licensed facility. This information is considered comercial or financial (proprietary) information pursuant to 10 CFR 2.790(d) and is being withheld from public disclosure pursuant to Exemption (4) of the F0IA (5 U.S.C. 552(b)(4)) and 10 CFR 9.5(a)(4) of the Commission's regulations.

Pursuant to 10 CFR 9.9 of the NRC'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 persons responsible for this denial are the undersigned and Mr. John G. Davis, Director, Office of Nuclear Material Safety and Safeguards.

8603100570 860124 PDR FOIA RATNER B5-150 PDR

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Mozart G. Rat'ner, Esquire This denial may be appealed to the NRC's Executive Director for Operations within 30 days from the receipt of this letter. As provided in 10 CFR 9.11, any such appeal must be in writing, addressed to the Executive Director for Operations, U.S. Nuclear Regulatory Comission, Washington, DC 20555, and should clearly state on the envelope and in the letter that it is an " Appeal from an Initial F0IA Decision."

This completes NRC action regarding your February 25, 1985, request. We will separately address your March 7,1985, letter (FOIA-85-158).

Sincerely, S ,

Donnie H. Grimsley, Director Division of Rules and Records Office of Administration

Enclosures:

As stated e

Re: F0lA-85-158A (Final Response)

APPENDIX D Records Being Placed in the PDR (Item 24 of your request)

1. 04/28/80 Letter to W. B. Kenna from A. L. Kaplan r'e: Inspection of Fuel Fabrication Plant in Wilmington, NC w/ attachment re: Notice of Violation. (4 pages)

2. 08/11/81 Letter to R. C. Lewis from Charles M. Vaughan re: Results of Inspection Conducted at Licensed Fuel Fabrication Plant w/ attached letter to J. A. Long from R. C. Lewis dated 7/23/81 w/ enclosed (1) Appendix A, Notice of Violation and (3) Inspection Report No. 70-1113/81-07. (15 pages) -

3. 06/30/83 Letter to J. Philip Stohr from Charles M. Vaughan re: Special Safety Inspection w/ enclosed Attachment A and B. (6 pages)

4. 12/03/84 Letter to J. Philip Stohr from Charles M. Vaughan re: Results of Inspection Conducted at Licensed Fuel Fabrication Plant w/ attachment re: Notice of Violation. (8 pages)

5. 02/28/85 Letter to J. Philip Stohr from Charles M. Vaughan re: Results of Inspection Conducted at Licensed Fuel Fabrication Plant w/ attachment re: Notice of Violation. (3 pages)

6. 03/15/85 Letter to J. Philip Stohr from Charles M. Vaughan re: Results of Inspection Conducted at Licensed Fuel Fabrication Plant w/ attachment re: Notice of Violation. (3 pages)

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Re: F01A-85-158A (Final Response)

APPENDIX E

1. 02/14/84 Letter from Vaughan to O'Reilly, RII,

Subject:

Revisions to Fundamental Nuclear Material Control Plan (1 page) - Released

a. Attachment 1: Fundamental Nuclear Material Control Plan Prior Changes Not Requiring21 to Implementation. (NRC Approval pages) -

Withheld - Exemption 4

b. Attachment 2: Revised Pages. (41 pages) - Withheld -

Exemption 4 (Above pertains to Item 6 of your request)

2. 03/21/84 Letter from Vaughan to O'Reilly, RII,

Subject:

Revision to Fundamental Nuclear Material Control Plan. (1 page) - Released

a. Attachment 1: Fundamental Nuclear Material Control Plan Prior Changes Not Requiring to Implementation. (NRC Approval 2 pages) -

Withheld - Exemption 4

b. Attachment 2: Revised Pages. (16 pages) - Withheld -

Exemption 4 (Above pertains to Item 13 of your request)

3. 11/20/84 Letter from Vaughan to Stohr re: NRC Inspection Report 70-1113/84-12. (1 page) - Released w/following attachments:

Attachment A: 11/20/84 re: Notice of Violation -

Inspection Report 70-1113/84-12.

(3 pages) - Portion Deletqd - Exemption 4 Exhibit A - 7/3/84 re: August 1984 Uranium Inventory Preparation Activities. (2 pages) -

Portion Deleted - Exemption 4 Exhibit B - Uranium Physical Inventories. (3 pages) -

Released Exhibit C - Scale and Balance Program. (10 pages) -

Released Exhibit D - Scales and Balances. (10 pages) -

Portions deleted - Exemption 4 (Above pertains to Item 24 of your request)

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