ML20196B022
| ML20196B022 | |
| Person / Time | |
|---|---|
| Issue date: | 06/21/1999 |
| From: | Racquel Powell NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Post E AFFILIATION NOT ASSIGNED |
| Shared Package | |
| ML20196B028 | List: |
| References | |
| FOIA-98-341 NUDOCS 9906230060 | |
| Download: ML20196B022 (12) | |
Text
NRC FORM 464 Part i U.S. NUCLEAR REGULATORY COMMIS$10N f"UI Alt' A RESPONSE NuM;ER (6-1998)/ "%
98-341 9
RESPONSE TO FREEDOM OF a
INFORMATION ACT(FOIA)/ PRIVACY
RESPONSE
k**+e*
ACT (PA) REQUEST TYPE REQUESTER DATE JH 2 I as Ms. Edda Sara Post j
PART 4. -INFORMATION RELEASED
] No additional agency records subject to the request have been located.
{. Requested records are available through another public distribution program. See Comments section.
n iAPP&NDICES Agency records subject to the request that are identified in the listed appendices are already available for f
public inspection and copying at the NRC Public Document Room.
, APPENDICES
- Agency records subject to the request that are identified in the listed appendices are being made available for l
P, Q j public inspection and copying at the NRC Public Document Room.
[]" Enclosed is information on how you may obtain access to and the charges for copying records located at the NRC Public Document Room,2120 L Street, NW, Washington, DC, IAPPENDICES~
ry Agency records subject to the request are enclosed.
g p
T ' Records subject to the request that contain information originated by or ofinterest to another Federal agency have been
~
referred to that agency (see comments section) for a disclosure determination and direct response to you.
Q We are continuing to process your request.
y See Comments.
PART l.A - FEES
' AMOUNT * -
~~ You will be billed by NRC for the amount listed.
None. Minimum fee threshold not met.
I You will receive a refund for the amount listed.
Fees waived.
sge nis-
~
PART l.B -INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE
{ No agency records subject to the request have been located.
~
Certain information in the requested records is being withheld from disclosure pursuant to the exemptions described in and for the reasons stated in Part 11.
This determination may be appealed within 30 days by writing to the FOIA/PA Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Clearly state on the envelope and in the letter that it is a FOIA/PA Appeal."
PART 4.C COMMENTS (Use attached Comments continuation page if required)
The records identified on enclosed Appendix Q are copyrighted and are, therefore, not included in this response. You may view copies of the records in the NRC Public Document Room.
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OF l FOeWAh0N AU AND MVAO Ad OFFIGH sg b
Ruskell AA Well 990623OO6'O 990621 PDR FOIA POST 98-341 PDR
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N7.C FORM 464 Part 1 (6-1998)
PRINTED ON RECYCLED PAPER This form was designed using informs
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FOIA-98-341 APPENDIX P)
RECORDS BEING RELEASED IN THElR ENTlRETY (if copyrighted identify with *)
ALLEGATION FILE NO. AMS NO. Rill-94-A-0013 NO.
DATE DESCRIPTION /(PAGE COUNT) 1.
Undated Allegation Summary List (1 page) 2.
2/3/94 Allegation Management System Tracking Record (3 pages) 3.
2/3/94 Internal Routing Sheet for Exempt Material (1 page) 4.
2/11/94 Memorandum from D. Funk to W. Axelson Re: Allegation of Possible Exposure to U-235 (1 page) (See Appendix B for Referenced Attachments) 5.
2/25/94 E-Mail from G. McCann to D. Wiedeman re: Goodyear (1 page) 6.
4/5/94 Revised Allegation Action Plan for Goodyear Aerospace (2 i
pages)
ALLEGATION FILE NO. AMS NO. Rlil-94-A-0026 7.
Undated Allegation Summary List (1 page) 8.
2/25/94 Allegation Management System Tracking Form (1 page) 9.
2/28/94 Memorandum from D. Funk to W. Axelson re: Allegation of Possible Dumping of Radioactive Materials in Landfills (1 Page) 10.
3/3/94 Allegation Action Plan (3 pages)
UNIONTOWN LANDFILL M
DATE DESCRIPTION /(PAGE COUNT) 11.
3/14/94 Letter from CCLT to Ohio EPA re: concems regarding Uniontown Landfill with attachments (97 pages) 12.
5/9/94 Envelope with Letter from CCLT to Ohio EPA re: Uniontown (4 pages) 13.
7/17/94 Note from CCLT to USEPA re: July 12 Memo from Kern and Storm Sewer Testing (3 pages) 14.
8/22/94 Fax from CCLT to NRC staff re: Uniontown Landfill (6 pages) 15.
9/8/94 Letter from C. Borello, CCLT to NRC re: Uniontown Landfill (2 pages) 16.
11/17/94 Letter from CCLT to CDC/ATSDR re: Site Background information, health concerns, and needs (10 pages) 17.
11/17/94 Fax from CCLT to NRC staff re: Uniontown Landfill (15 Pages) 18.
11/21/94 Fax from C. Borello, CCLT to NRC staff re: Uniontown Landfill (2 pages) 19.
4/7/95 Letter from J. W. McCormick-Barger to CCLT re: 3/30/95 letter regard IEL (2 pages) 20.
3/21/97 Letter from R. Caniano, NRC, to C. Borello re: Request for NRC to Collect and Analyze Radiological Samples from the Uniontown Landfill (1 page)
License No. SNM-1461 (INACTIVE) 21.
3/11/94 Letter from Ohio EPA to M. Grimmett re: response to Grimmett letter of 2/22/94 (1 page) 22, 4/6/94 Letter from M. Grimmett to M. McCann re: well monitoring (1 page) 23.
4/9/94 Letter from M. Grimmett to R. Beals re: well monitoring data (1 page)
l 24.
4/30/94 Partial Letter from unknown author to D. Schregardus re:
Union IEL Superfund site (1 page) 25.
6/15/94 Letter from J. McCourt to J. Taylor transmitting letter from M.
Grimmett (2 pages) 26.
6/17/94 Letter from M. Grimmett to G. Shear re: telecon with W.
Snell(2 pages) 27.
7/2/94 Letter from M. Grimmett to G. shear re: testing at Wingfoot i
Lake (1 page) 28.
7/6/99 E-Mail from P. Goldberg, NMSS to F. Combs, NMSS re:
EDO letter to Metzenbaum and Glenn (1 page) 29.
7/21/94 Memorandum from J. Martin to R. Bernero re: Responses to Senators Metzenbaum and Glenn regarding concerns raised by M. Grimmett (17 pages) 30.
8/17/94 Letters from J. Taylor to Senators Glenn and Metzenbaum (2 pages) 31.
9/6/94 Documentation of phone call from Mary Grimmett to B. Snell re: ORISE cross-contamination of catfish from Wingfoot i
Lake (1 page) 32.
9/12/94 Letter from ORISE to B. Snell re: Fish Sampling Results (1 Page) 33.
12/19/94 Note to File from W. Snell re: 12/6/94 Grimmett letter (1 page) 34.
1/6/95 Letter from M. Grimmett to G. Shear re: telecon with B. Snell (2 pages) 35.
8/8/95 Letter from J. McCormick-Barger to Senator DeWine re:
laboratory analyses of environmental samples taken around Wingfoot Lake (7 pages) 36.
02/26/93 Letter from E. Panitz to M. Rowlands. (1 page) 37.
05/19/97 Fax from Lake Township Trustee Sue Ruley. (23 pages) 38.
07/14/98 Handwritten sheet from C. Borello to R. Doornbos.
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l 39.
07/23/?
Handwritten sheet to Mr. Doornbos. (1 page) NOTE: The l
one page attachment to this document is a news article from j
the Sun Journal, July 23-29,1998, it is being addressed in Appendix O.
40.
05/21/98 Fax from R. Vandegrift to R. Doornbas. (17 pages) i l
(.
1 Re: FOIA-98-341
)
APPENDIX Q RECORD BEING RELEASED IN ITS ENTIRETY (if copyrighted identify with *)
NO.
DATE DESCRIPTION #PAGE COUNT) 1.
8/24/94
- News article: U.S. agency decides not to examine dump. (1 Page) 2.
8/24/94
- News article: Toxic dump doesn't worry NRC. (1 page) 3.
8/24/94
- News article: No radiation leakage at Wingfoot, residents told. (1 pages) 4.
4/18/96
- News article: Questions surrounding Lake Township dump site cleanup radiate foul play. (1 page) 5.
05/14/98
- News article: Uneasy neighbors. (1 page) i 6.
05/14/98
- News article: lliness can't stop the prom. (1 page) 7.
07/23-29/98
- News article: CCLT takes issue with EPA letter. (1 page) 8.
05/14/98
- News article: EPA probe in order. (1 page) l 9.
08/23/98
- News article: More Wingfoot testing focus of residents' meeting. (1 page) i i
KAUFMAS &CUMBEllASD U O..
L. R A.
C O U N 8 E L 0 M P.A 'T 4.e W FRANK.L CUMBERLAND OF COUNffL SIDE.N 8 KALEMAN FRANK R DEraANTIS JACK G DAY FOBERT A DLATTPER ANTHONY T.TFDA GAL E. ENG1 MOELE G FuGLEY WILUAM W. JAEDOS EDOA SAAA POST MfDELL EHREN000 THOMAS L RHEA August 28,1998 gg "m*a*[pE M
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RdeafCase Freedom ofInformation Act Officer Office of the ChiefInformation Officer US Nuclear, Regulatory Commission Washington, DC 20555 Re:
Freedom ofInformation Act Reouest
Dear Freedom ofInformation Act Officer:
We represent the Board of Lake Township Trustees in Stark County, Ohio in association with the Industrial Excess Landfill Superfund Site located in Uniontown, Lake Township, Ohio (the "IEL Superfund Site). To investigate potedtial sources and the nature of radioactive contamination'at the IEL Superfund Sife on behalf of the local go'vemment of Lake Township, we request the following information:
1.
All information in the possession of the US Nuclear Regulatory Commission and its predecessor entities (NRC) related to License No. 34-00508-06 issued to Goodyear Tire at a Rubber Company,142 Goodyear Boulevard, Akron, Ohio 44316 or its related or affiliated entities. By way of example and not limitation, this request includes copies of the license application form and license and any amendments, supplements, renewals, changes and modifications to the application or permit; any and all correspondence, or other communications between the NRC and Goodyear Tire and Rubber Company, its predecessors, successors, related entities and afIlliates; any and all inspection, investigation, notices of violation or other reports, intemal or external memoranda, data, correspondence or other documents generated by the NRC in association with the nuclear and radioactive containing or contaminated materials, source materials, byproducts, articles containing source matenals or byproducts, high and low level radioactive waste, mixed radioactive and hazardous waste, any other sources of radioactivity, materials contaminated by radioactivity or other materials and substances regulated by the NRC, now or in the past, or co-regulated by the NRC and the Environmental Protection Agency (collectively referred to as " Radioactive Material") possessed, used, stored, generated, transported, managed,~ purchase'd, sold, treated, disposed or otherwise handled by the licensee; any and all rep 6rts or other documents filed with the NRC by the licensee for Radioactive Material; any (216)8610707 FAX-(216]6946883 TDo (216)6946891
~ 1500 RPUBUC BUILDING,25 HL&tu AVENUE WEST. CLEVELAND, OHIO 441151000 EMAlt kdpacom
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.....m Freedom ofInformation Act Request Page 2 of 5 08/28/98-all information related to high and low level radioactive waste or mixed waste generated by the licensee; any and all information related to the use, storage, purchase, sale, generation, management, disposal or other activities related to Radioactive Material by the licensee; any and all reports or other documentation or the disposition of Radioactive Materials and sources by the licensee.
2.
Any and all information in the possession of the NRC related to the nature, possession, use, storage, management, purchase, sale, transportation, generation or disposal or other activities related to Radioactive Materials at or by the Goodyear Advance Technology Center, Wingfoot Lake facility, its predecessors, successors and related entities and affiliates. This information includes but is not limited to the types of documents discussed in #1.
3.
Any and all information in the possession of the NRC related to the nature, possession, use, storage, management, purchase, sale, transportation generation or disposal or other handling of Radioactive Materials by Goodyear Aerospace Corporation, its predecessors, successors and related entities and affiliates. This information includes but is not limited to the types of documents discussed in #1.
4.
Any and all information in the possession of the NRC related to the nature, possession, use, storage, management, purchase, sale, transportation, generation,
. or disposal or other handling of Radioactive Materials by the Firestone Tire and Rubber Company, its predecessors, successors and related entities and affiliates.
This information includes but is not limited to the types of documents discussed in #1.
5.
Any and all infonnation in the possession of the NRC related to the nature, possession, use, storage, purchase, sale, management, transportation, generation or disposal or other handling of Radioactive Materials, by Bridgestone-Firestone Company, its predecessors, successors'and related entities and affiliates. This information includes but is not limited to the types of documents discussed in #1.
6.
- Any and all information in the possession of the NRC related to the nature, possession, use, storage, purchase, sale, management, transportation, generation or disposal or other handling of Radioactive Materials, by Firestone Tire and Rubber Corripany Akron Synthetic Plant, its predecessors, successors and related entities and affiliates. This information includes but is not limited to the types of documents discussed in #1.
7.
Any and all information in the possession of the NRC related to the nature, possession, use, storage, purchase, sale, management, transportation, generation
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Freedom ofInformation Act Request Page 3 of 5 08/28/98 or dis;iosal or other handling of Radioactive Materials, by Firestone Tire and Rubber Company Akron Il Plant, its predecessors, successors and related entities and affiliates. This information includes but is not limited to the types of documents discussed in #1.
8.
Any and all infomiation in the possession of the NRC related to the nature, possession, use, storage, purchase, sale, management, transportation, generation or disposal or other handling of Radioactive Materials by General Tire Company, its predecessors, successors and related entities and affiliates. This information includes but is not limited to the types of documents discussed in #1.
9.
Any and all information in the possession of the NRC related to the nature, possession, use, storage, purchase, sale, management, transportation, generation or disposal or other handling of Radioactive Materials by B.F. Goodrich Company, its predecessors, successors and related entities and affiliates. This information includes but is not limited to the types of documents discussed in #1.
10.
Any and all information in the possession of the NRC related to the nature, possession, use, storage, purchase, sale, generation, transportation or disposal or other handling of Radioactive Materials by Seiberling Company, its predecessors, successors and related entities and affiliates. This information includes but is not limited to the types of documents discussed in #1.
I 1.
Any and all information in the possession of the NRC related to the nature, possession, use, storage, generation, treatment, purchase, sale, management, transportation, disposal or other handling of Radioactive Material by any manufacturing, defense or research and development facilities in Stark, Portage, Summit, Medina, Mahoning, Trumbull, Tuscarawas, Wayne, Holmes, Carroll,
. Columbiana Counties in Ohio from 1960 to 1980. This information includes but is not limited to the types of documents discussed in #1.
12.
Any and all information in the possession of the NRC related to the nature, generation, transportation, treatment and disposal of high level and low level radioactive waste, mixed radioactive av Uzardous waste and other Radioactive Materials by manufacturing, defense or research and development facilities in Stark, Portage, Summit, Medina, Mahoning, Trumbull, Tuscarawas, Wayne, Holmes, Carroll and Columbiana Counties in Ohio from 1960 to 1980.
.13.
Any and all infcrmation in the possession of the NRC related to the nature, storage, generation, management, transportation, treatment, disposal or other handling of high and low level radioactive waste, mixed radioactive and
e KAUFMAN&CUMBERLAND
... ~.............
Freedom ofInformation Act Request Page 4 of 5 l
08/28/98 hazardous waste and other Radioactive Materials by the Ravenna Arsenal and other military facilities operated by the United States in Stark, Portage, Summit,
, Medina, Mahoning, Trumbull, Tuscarawas, Wayne, Holmes, Carroll, Columbiana Counties in the State of Ohio from 1960 to 1980. This information includes but is not limited to the types of documents listed in #1.
14.
Any and all information in the possession of the NRC related to the Industrial Excess Landfill located in Uniontown, Lake Township, Stark County, Ohio. By way of example and not limitation, the information requested includes any license application forms and license to receive, treat or dispose of Radioactive Materials and any amendments, supplements, renewals, changes and modification to the application or permit; any and all records, databases, reports, memoranda, notes and any other documentation of the transportation to or disposal of Radioactive Material at the Industrial Excess Landfill from 1955 to 1980; any and all information identifying the persons and entities that may have transported or disposed of Radioactive Materials at the Industrial Excess Landfill; any and all documents regarding the nature and quantity of Radioactive Materials disposed of or transported to the Industrial Excess Landfill; the identity of any and all persons with personal knowledge of the transportation to, receipt of or disposal of Radioactive Materials at the Industrial Excess Landfill.
15.
Any and all guidance documents, handbooks or other documents of the NRC related to the transportation and disposal of Radioactive Material from 1955 to 1980.
Request for Waiver of Fees. Pursuant to 10 CFR {9.41 the Lake Township Board of Trustees requests a waiver of fees for searching for, reviewing and duplicating any agency records.' This request for information is not made for commercial purposes, but rather, to gather facts necessary to ensure that the health and safety of the citizens of Lake Township is protected. The Board of Township Trustees has received reports of night dumping of wastes from rubber company trucks placarded with radioactivity signs at the Industrial Excess Landfill Superfund Site. Groundwater samples indicate that high levels of radioactivity exist at various points of the Superfund Site. The Board of Township Trustees seeks the requested infonnation to investigate the reports of dumping, determine what people and entities may have had Radioactive Materials in their possession in the area served by the Industrial Excess Landfill and document the proper disposal of known Radioactive Materials. Further, without more detailed information regarding the type of Radioactive Material that was dumped, a proper investigation and remedy of the Industrial Excess Landfill may not be designed.
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Freedom ofInformation Act Request Page 5 of 5 08/28/98 Our firm will review the information received from th'e NRC to identify the persons and entities that had' Radioactive Materials in their possession and potentially disposed of
' Radioactive Material or mixed waste at the Site. The Township is currently seeking Technical Assistance under.the EPA's TOSC program from the Hazardous Materials Research Center at Michigan State University. Technical information may be forwarded to the Center for review. Much public concern has been expmssed over this issue for many years. : To date, despite citizens' requests, the EPA has not investigated it. Once the Board of Township Trustees and their representatives complete their review of the data and communicated its findings to the EPA and the public, public access to the information will be provided; however, the cost to copy the information may be charged i
to defray the Township's administrative expenses.
I
'Ihe disclosure of the information in the NRC's records is not in the commercial interest of the Lake Township Board of Trustees. Further, the disclosure of the information is in the public interest because it is likely to contribute significantly to public understanding of the regulation and control of Radioactive Material and radioactive waste by the NRC and identify potential sources and types of radioactive contamination that may have been disposed at the Industrial Excess Landfill Superfund Site. Such information will enable the EPA and the PRPs to design a proper investigation and remedy of the Site.
Accordingly, pursuant to 10 CFR {9.41(c) and (d), the NRC should waive the fees for this information request.
]
If you have any questions or require any additional information to process this request, l
please feel free to contact me at the telephone number listed above.
Very truly yours, I
Edda Sara Post ESP /jmp 1
cc:
David Herbert, Esq.
Frank J Cumberland, Esq.
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Copyrighted Document Addressed Under FOIA i
For hard copy, refer to PDR Folder:FOIA n 3?
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ALLEGATION SUMARY LIST AMS NO. RIII-94-A-0013 NO. OF CONCERNS: 1 ISSUE RESOLUTION:
- 1 - POSSIBLE EXPOSURE TO U-235 1
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l ALLEGATZON NUMBER - RIII-94-A-OO13 RUN DATE: 02/03/94 DOCKET / FACILITY / UNIT:
/ GOODYEAR AEROSPACE COMPANY., AKRON., OHIO
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DOCKET / FACILITY / UNIT:
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DOCKET / FACILITY / UNIT:
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DOCKET / FACILITY / UNIT:
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ACTIVITY TYPES - MATERIALS MATERIAL LICENSES -
FUNCTIONAL AREAS OFFSITE NEALTN AND SAFETY DESCRIPTION - INDIVIDUAL CONCERNED ABOUT POSSIBLE EXPOSURE TO U-230.
CONCERNS -
1 1
SOURCE - PRIVATE CITI2EN CONFIDENT - NO RECEIVED - 940131 DY - GM MCCANN
/ DRSS ACTIOll OFFICE CONTACT BJ llOLT RESPONS11)LE PGH OFFICE - M VIOL.ATION SECTION 210 ALLEGED - 110 ST ATUS - OPEN SCllED COMPLETION - 940531 DATE CLOSED -
ALLEGATIOt t SUBS f AlITI A N :D -
ALLEGER NOTIFlED -
OI ACTION - NO DI REPORT NUMBER -
REMARKS - RECEIPT 1/31/94 G.
MCCANN MEMO.
DIVISIOl4 ASSIGNED:
DRSS RELATED FILE (S):
N
)'j ACTION PL.AN SUBMITTED:-
N ALLEGATION REIVEW BOARD:
N RECOURDINATE W/OI:
N
'I KEYWORD:
U-230 M NMSS ENTERED SYSTEM -- 94d203 CLOSED SYSTEM -
RECORD CHANGED - 940203 L_.
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i ALLEGATION NUMBER - RIIIT94-A-OO13 RUN DATE: 07/26/(74 DOCKET /l'ACILITY/ UNIT: 07001469 / GOODYEAR AEROSPACE CORP.
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DOCKET / FACILITY / UNIT:
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DOCKET / FACILITY / UNIT:
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' ACTIVITY TYPEG MATERIALS MATERIAL LICENSES - SNM-1461 FUNCTIONAL. AREAS OFFSITE HEAL'111 AND sal: ETY
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2: 41:18 DESCRIPTION - INDIVIDt.lAL CONCERNED ABOUT POSSIBLE EXPOSLIRE TO U-235.
CONCERNS -
1 SOURCE - PRIVATE CITIZEN CONFIDENT - NO RECEIVED 4740131 DY - GM MCCANN
/ DRSS ACTION OFFICE CONTACT ~ HJ HOLT RESPONSIDLE PGM OFFICE M
VIOLATION SECTION 210 ALLEGED NO STA TUS - CLOSE D SCNED COMPLETION 940731 DATE CLOSED 940715 ALLEGATION SUBSTANTIATED - NO ALLEGER NOTIFIED - YES OI ACTION - NO DI REPORT NUMBER
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2:41:22 REMARKS - RECEIPT 1/31/94 G MCCANN MEMO.
DRSS REVIEW DOCUMENTED IN IR NO., 999-90003/<74040(DRSS) l' ARA 6.
DIVISION ASSIGNED:
DRSS RFIATED FILE (G):
RIII-94-A-OO26 ACTTON PIAN SUHMITTED:
2/17/94.
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U--235 M Hl1SG ENTERED S (ST EM -- 940203 CLOGED SYSTEM - 940726 RECOl':D CHANGED
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I 10 CFR 2.790 INFORMATION (EXEMPT FROM DISCLOSURE)
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- ******* ****** ******** ***** e :. :. e :. ; e e A A *****
- ROUTING SHEET FOR EXEMPT MATERIAL UNITED STATES NUCLEAR REGULATORY COMMISSION REGION lil
- A a a ;. A. ; ;. :. A***** e :. ; ;. :. :. :. :. :. ************
WHEN SEPARATED FROM ENCLOSURES, HANDLE
- THIS DOCUMENT AS UNCLASSIFIED.
- +**** ** : :. :. : :. : : ; ; ;. ;. ;. :. *********
Each person receiving the attached material is responsible for its safe handling and storage in accordance with existing procedures.
ROUTED TO SIGNATURE DATE DONALD E. FUNK JR.
FERRifARY 1.
1994 Pu 2.Pm RfA,rt
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AMS NO. RIII-94-A-0013 SERIAL #3
February -11.,~1914 3
MEMORANDUM FOR:
William L. Axelson, Director., Division of Radiation Safety and Safeguards FROM:
Donald E. Funk Jr., Office Allegation Coordinator
SUBJECT:
' ALLEGATION RE:
POSSIBLE EXPOSURE TO U-235 (AMS NO. RIII-94-A-0013)
On February 2, 1994, this matter was discussed with E. T.
Pawlik of the Office of Investigations Region III Field Office, and it was concluded that investigative effort by OI:RIII is not warranted for the reason given below.
Should additional facts or information relating to possible wrongdoing concerning this allegation become available, please notify me promptly.
l This allegation will continue to be carried as "open" in the Allegation Management System pending final resolution / closeout by your Division.
Original signed by Donald funk Donald E.
Funk Jr.
Office Allegation Coordinator Attachments:
1.
AMS Form 2.
1/31/94 G. McCann memo 3.
Undated Alleger ltr cc w/ attachments:
RAO:RIII OI:RIII R. J. Caniano BASIS:
Willful wrongdoing was not alleged.
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