ML20195E553
| ML20195E553 | |
| Person / Time | |
|---|---|
| Site: | 05000142, 07000223 |
| Issue date: | 06/13/1988 |
| From: | Grimsley D NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM) |
| To: | Aftergood S COMMITTEE TO BRIDGE THE GAP |
| Shared Package | |
| ML20195E559 | List: |
| References | |
| FOIA-85-196 NUDOCS 8806240079 | |
| Download: ML20195E553 (2) | |
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INFORMATION ACT (FOlA) REQUEST g y 3 ggg e
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itOctSite Mr. Steven Af tergood PART 1.-RECORDS RELEASED OR NOT LOCATED (See checked boses)
No egency records out>,ect to the roowest hevo toen located.
No edditorel egency records swbrect to be roowest have been located Agency records swbr ct to the roovest that are centfed m Append a are already a,6Lebee for pubic mspecten and copeng a the NRC Pwbhc Document Room.
e 1717 H Street. N W, WasWon. DC Agency records sub,ect to the request thet a o centded e Append:s _d.
a e becg made aveJable for pubhc especton a^d copye3 e the NRC Pubhc Document X X Room 1717 H Street. N W. Washegton DC, m a fo6 der w der thts FOI A nwmbes and teo wester name n
The nonpropretary verson of the propos49si that you ag'eed to accept m a tetephcce conversaten with a memt,er of mv staM s nc* be ng made asadable for pubhc escecton and coyeg at the NRC Publec Document Room.1717 H Street. N W. Washington, DC. e a folder under tNs FOIA number and reowes'er name Enclosed e enformat.on on how yow resy obta.n access to and the cha ges for copyeg records placed in 'v NRC Pwbbc Document Room.1717 H Street, N W. Wash.ogton. OC Agency records swbrect to the roowest a o encioned Any appicab80 Charge for cop *es of 1Ae records prowided sad payment procedures are noted m the comments secten.
Records sub,ect to the request have been refened to another Fece<31 agencytes) for reytw and direct response to yow in www of NRC e response to the reowest. no fu ther acten a becg taken on appeal letter dated r
PART ll. A-INFORM ATION WITHHELD FROM PUBLIC OISCLOSURE Cartain eformaton e the roovested records e bemg withheld from pubhc d.sclosure wswant to ske FOI A eiegt ons described 'm and for the reasons stated e Part 11. sec-taons B, C, and D Aev released portons of the documents for which only cart of tP4 record a beeg w%eed are being made available for pubhc esgecton and Copyeg a the NRC Pubhc oocoment Room.17t7 H Street. N W.. Wa:Nngton. OC e a fo+ der under this F06A nwmter and reques er name Corvnents 6806240079 000613 FOIA PDR PD9 AFT ERG OBS-1 c?6
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NIC FORM 464 Fri '
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Re:
F01 Ao 85-196 APPEN0lX F
RECORDS MAINTAINED IN THE POR UNDER THE ABOVE REQUEST NUMBER 1.
Undated Ltr to Harold Brown from Engelken. (2 pages) 2.
5/29/75 Ltr to Regents of the University of California from Engelken. (3 pages) 3.
6/4/75 Ltr to Thornburg from Rizzolo, re: Univeristy of California at Los Angeles, Docket No. 50-142. (7 pages) 4, 6/19/75 Ltr to Thornburg from Rizzolo, re: University of California at Los Angeles. (7 pages)
S.
8/13/76 Ltr to G. W. Roy from Rizzolo, re: University of California at Los Angeles. (10 pages) 6, 8/24/76 Ltr to Catton from Rizzolo. (3 pages) 7.
10/19/77 Ltr to the Regents of the University of California from Norderhaug. (8 pages) 8.
12/28/77 Ltr to University of California from Norderhaug. (5 pages) 9.
12/28/79 Ltr to the Regents of the University of California from Norderhaug. (12 pages) 10 10/19/79 Ltr to University of California from Norderhaug. (7 pages)
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- 11. 2/23/80 Ltr to University of California from Norderhaug. (5 pages)
- 12. 7/20/83 Ltr to University of California from Norderhaug. (7 pages)
- 13. 2/29/84 Memo to Colleen Woodhead from Norderhaug, subject: Region V Safeguards Inspections. (66 pages) l i
P COMMITTEE TO BRIDGE THE GAP 1637 BUTLER AVENUE v203 LOS ANGELES, CAUFORNIA 90025 (213) 478 4829 Mrch 21,1985 Director of fice of Mninistration Division of Rules and Records U.S. Nuclear Regulatory Ccomission gpg OF INFONnon Washington, D.C. 20555 BY D:PPES.
M REQUEST FO1A RcqJest_
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Dear Sir:
Pursuant to the Freedom of Information Act, as afrended, I hereby request the following records and documents regarding the UCIA reactor facility, Docket 50-142, and the Special Nuclear Material formerly possessed parsuant to Facility License R-71:
(1) The security plan as submitted to MRC in 1980.
(2) All subsequent aner&ents thereto.
(3) All prior security plans for the UCIA reactor facility, ard all amendments thereto, from 1959 cn.
(4) All security inspection reports for the UCIA reactor facility, including rotices of violation, and responses thereto, frcm 1959 co.
(5) All correspondence between UCIA and the AEC/NRC, and between the air /NRC and UCIA,1959 to the present, dealing with the security plans or amendments, cccurrences at the f acility of a security interest, or any other tratter asscciated with the security of the UCIA reactor and/or its Special Nuclear Material.
(6) All transcripts, correspondence, pleadings, Board Memoranda and Orders, written testimcny, affidavits, and other dccuments generated in or associated with the UCIA reactor relicensing proceeding which were not released to the Public Document Room because they allegedly ccntained information related to the security of the UCIA reactor and its SNM.
(7) Any other documents or records rot included in items (1) through (6) related to Doc.ket 50-142 from 1959 to the present that were not released to the Public Dccument Roca because they allegedly ccntained safeguards or security informaticn.
(8) Memoranda, correspondence, or other documents or records generated by Hal Bernard or Colleen P. Wcodhead since June 1984 discussing response to any request by UCIA for return or restriction of release of dccuments asscciated with the UCIA reactor or its Special Nuclear Katerial fornerly classified as containing Safeguards Information. This shall include, but not be limited to, any request by Hal Bermrd or Colleen P. Woodhead to other NRC Staff personrK1 or offices for return of LCIA former safegtards dccumats such as security plan and arter& ents.
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(9) Memoranda, aarrespondence, or other documents or records generated by other NRC perscnnel than Hal Eernard or Colleen P. Woodhead on the subject identified in (8) above. mis shall include responses by NRC personnel to any such memoranda, correspondence, or other documents or records.
(10) Memoranda, correspondence, or other documents or records not included in (8) or (9) abcue discussing the post-June 1984 status of the
(. CIA security plan, amendments thereto, and other UCIA documents in possession of SRC that were formerly categorized as not releasab'.v to the public because they contained safeguards Information. m ese documents or records to include, but not be limited to, items that address the issue of releasability of former safeguards information once the Special Nuclear Material that was being safegmrded has been removed from the site in question and the NRC-approved security plan and associated safeguards information protection requirements no longer apply.
(11) Documents or records not included in respcose to items (8), (9) or (10) but discussing matters surrounding these issues.
mis request includes all agency records as defined in 10 CFR 9.3a(b) and the NRC Manual, Appendix 0211, Parts 1.A.2 and A.3 (approved October 6, 1980) whether they exist currently in the NRC of ficial, "working,"
investigative or other files, or at any other 1ccatico.
%e last four categories of records requested above should represent, amcog other items, all documents and records in the agency's passession as of receipt of this request that discuss response to UCIKs 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 documents formerly categorized as ccntaining safeguards Information now that the Special Nuclear Material has been removed and the facility is ecnsidered by UCIA and the NRC Staf f to no lcnger be required to have an NRC-approved security
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plan nor cceply with Part 73 requirements.
We first seven categories of documents should represent all documents and records possessed by the NRC as of the date of receipt of this FOIA request related to Docket 50-142 and License R-71 which have not previcusly been included in the public docket because they were alleged at the time to contain informaticn preparly categorized as safeguards information or otherwise discussing security matters. Because of UCINs decision to permanently close down and dismantle its reactor facility, and because all reactor fuel has been reported by UCIA to have been remowd from the site, these documents are no lorger properly categorized as ccntaining safeguards informaticn and should be released, as required by 10 OR 73.21(i).
10 GR 73.21(i) (Removal from Safeguards Informaticn Category) requires that:
tbcuments originally containing Safeguards Information shall be removed frcn the Safeguards Infomation category whenever the infomatico no lcoger neets the criteria contained in this section.
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Section 73.21 of Title 10 of the Code of Federal Rcqulations prcmdes the criteria by which the NRC may properly restrict distribution of unclassified safeguards information. Those criteria are that the informat% related to physical prctection of licensees can and should be restricted from public release if the licensee (1) possesses a forTnula quantity of strategic special nuclear material, (2) is authorized to operate 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 dccuments in question are no longer properly protectable from release because none of the three criteria specified in the regulaticn are met.
(1) UCIA no Icnger possesses g fuel.
(2) UCLA was a research, not pwer reactor, and in any event, is no longer authoriza3 to operate the research reactor, its license having been amerded to a possession only status. (3) All, irradiated fuel has already been transported off-site.
10 CFR 73.21 provides the criteria by which security inforration can te properly prchibited from public release.
Section (i) of that regulatico requires that dccuments originally containing safeguards Information must be remcned from the category of information requiring protection "whenever" the informatico no Icnger meets the criteria contained in 10 cm 73.21.
The informaticn in question, dealing with past (in some cases, 25 years past) security for Special Nuclear Material no 1coger on site and former plans which UCIA itself says NRC regulations no longer recpare, no longer meets any of the 73.21 criteria and therefore must be removed from the protected category and made releasable.
Whereas the documents in question may once have been protectable from disclosure under 73.21 (and, before the promulgatico of that regulatico,10 CFR 2.BO) because they assertedly contaired Safeguards Information, that is no longer 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 documents containing informatico, not otherwise categorized as safeguards Information, related to the physical protecticn of Special Nuclear Material, which TLA no longer possesses.) With the decision to close the facility and the off-shipment of the SNM--i.e., the nuclear i
material the EC is mardated to protect-the original basis, and the cnly relevant legal sc authority for restraining release of the material (now almost entirely historical) has vanished.
CBG requests that fees be waived, because the "information can be ccnsidered as primarily benefitting the general public," 5 U.S.C. 552 (a)(4)(c). CEG is a ncn-profit, nonpartisan public interest organization ccncerned Jith safeguards matters related to ncnpower reactors and with appropriate otrduct of NRC and licensee employees in prceeedings before the NRC, as well as being party to the on going UQA reactor proceeding (no terminaticn order has yet issued) and petitioner for leave to intervme in the UCA dismantlenent proceeding.
l Pursuant to the requirements of the Freedom of Information Act and the
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practice [ procedure o_f, the NRC in carrying out its cbligations under FOIA 3 g re@ests that no documents related to this request ul possessign of the NRC as of the date of receipt of this request be destroyed or
'Eansferred'7rcan the custcxTr of the hR until final resolution of 'tTtis 3
request, includino g appeal that may result therefrom, and that the FDIA of fice promptly so inform NRC staf f rersonnel who tyr M currently g possession of dccaments related to this request. By copy of this letter, we are informing Celleen P. Woodhead, Hal Bernard, Joseph Gray, Harold Denton, Cecil mcmas, and the Director of OIA tnt the ateve documents are subject of an active NIA request and tMt destruction or transfer of any of them from NRC custody is therefore prohibited until the FOIA request is finally resolved. Please make your ow.) notification to all relevant offices and individuals as soon as possible.
Scrre of the dccaments identified in this request are, we telieve, subject of a previous KIA request subntitted by CBG last year for all dccaments asscciated wi:n an investigation by the Office of Inspector Auditor into allegaticns of misconduct made by the Atomic Safety and Licensing Board with respect to certain NRC employees. In particular, the security plan ard some of the inspection reports for UCLA were specifically identified by the AS13 in its Febital,y 24, 1984 Memorandum and Order making the charges of miscorduct and are, we believe, likely to be part of the OIA investigatory file subject to our earlier request. Any oestruction or transfer of custcdy of these dccuments pending final resolution cf that earlier FOIA request would likewise violate agency obligaticos under NIA (see, e.g., the Amlegate case). We renew our inquiry as to the long-delayed response to that previous FOIA submission.
Should any of the documents identified in this FOIA request, or associated with it but identifial previously in the earlier FOIA request related to the OIA investigation, have been destroyed or transferred from NRC custcdy, we request full description of the circumstances surrounding the removal, transfer, or destruction of the requested records, including the identity of all irdividuals involved, and the relevant dates.
me above documents are caarrently subject of settlement negotiaticns among the parties to the UCLA proceeding, the results of vhich may affect tratters related to this request.
Please promptly t_ake the necessary steps M assure _that the documents in question are neither destroyed nor removed from NRC custcdy while re'sponse p these FOIA raruests are being processed (or,in the Miely
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event that g tortions o_f, these documents are not provided despite their no_
f longer ccotainirs protectable safeguards Informaticn, until all agreals, have been exhausted. )
Sincerely, Steven Aftergood Executive Director cc:
H. Denton*
C. '1haras*
H. BerTard' C. Wecahead.
J. Gray
- i Director, OIA*
W. Cormier (LEIA) 4
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