ML20198A537
| ML20198A537 | |
| Person / Time | |
|---|---|
| Issue date: | 12/24/1997 |
| From: | Racquel Powell NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Resnikoff M RADIOACTIVE WASTE MANAGEMENT ASSOCIATES |
| References | |
| FOIA-97-417 NUDOCS 9801060011 | |
| Download: ML20198A537 (3) | |
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u A. h " A CCULAkrs f COMMiwCN Nac + oir u out:,1 NUMB 6 RW i j FOIA -
97_417 RtspoNSE TYPE RESPONSE TO FREEDOM OF X l mat (2nd)l l PaaTi^t e
f INFORMATION ACT (FOIA) REQUEST
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OEC 2 41997 DOCKE 1 NUMBL R{Si fit sophcable/
RiOutfitH Marvin Resnikoff PAR T l.-AGENCY RECORDS RELE ASED OR NOT LOCATEO (See chetAed bones /
No agency records subject to the request have been located.
No arOtsonal agency records subject to the request have been located.
Requested records are aveDable through r aiother pubhc distribution program. See Comments section.
Agency records subject to the request that are identified in Apperxles(es)
._ are already available for oblic inspection and copying at the NRC Pubbc Document Room,2120 L Street, N.W., Washiraton, DC.
Agency records subject to the request that are identified in Appendix (es) are being made available for pubhc inspwitun and copyHg Ct the NRC Public Document Room,2120 L Street, N.W., Washengton, DC in a folder under this FOIA number.
The nonproprietary version of the proposal (s) that you agreed to accept in a telephone conversation with a member of my staff is now being made availab!c f or pubhc inspection and copying at the NRC Pubhc Document Room,2120 L Street, N.W., Washington, DQ in a folder under this FOl A number.
Agency records subject to the request that are identifeed in Appendim(es) may be inspected and copied at the NRC Local Pubhc Document Room hientified in the Comments section, lndosad is mformation on how you may obtain access to and the charges for copymg records located at the NRC Public Document Room,J120 L Street, N W., Washmaton, DC.
Agency records subject to the req;est are enclosed.
fiocords subject to the request have been referred to another f ederal agencylies) for review and direct response to vuu.
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Vees You wilt be billed by the NRC for fees totahng S 127,00 You wd! receive a refund from W NRC in the amount of $
In view of NRC's resporns to this request. r'
- 1her action is being taken on appeal letter dated
, No.
PART 11. A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Certain information in the requested records is bema withheld f rom public disclosure pursuant to the exemptions described in and for the reasons stated in Part it, D. C,ond J. MhMM pbY Ms Mne41MMM M Men M/pM 6f M VeEaWilth4vht%ss nim M4 kiti4 IvMtM6e b6bheX i
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k COMME NTS The evoord identmed on enctooed Appendix B is the remaeung record sutvect to your request.
However, this recora is tung wew in its entnety.
The actuel fees for the processmg of your request are tweed below.
Clerical Search - 10 mins @ $0.56 per miri, a $5.00 (2 hrs. search O no charge)
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- 007 pgs, O $0.20 = $121 AO (100 pgs. prowded O no charge)
Total
- $127.00 You we be bited by NRC's DmeKn of Accounhng and Finance for this amount. This completes t
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- RESPONSE TO FREEDOM OF
~ INFORMATION ACT (FOI A) REQUEST FOIA 417 GEC 2 s,. iWe.
e A-(CONTINUATION) l l
PART N.S-APPuCABLE EXEMPTIONS b
are t4ing withheld in their entirety or in part under the flecords subject to the request that are described in the enclosed Appendix (es)
Enernption No.(s) and for the reason (s) given below pursuont to 5 U.S.C. 552(b) and 10 CF R 9.17(e) of NRC regulations, 1, The withheld mformanon se property classified pursuant to Esecutive Order. (Enemption tl
- 2. the withr eid enformation eelates no4ety to the angemel personnel rules and procedures of NRC (Enemptm 2)
~
l l3r The withheid 6nformation m spectfcelly esempted from public disclosure by statute indested,(Enemption 3)
$ections 14t 146 of the Atomic f reepy Act,which prchibits the disclosure of Restricted Data or Formerty Restricted Data (42 U.S.C,21612166).
Section f 47 of the Atomec Energy Act, which prohib6ts the disclosure of Unclassified Safeguards information (42 U.S.C. 2167).
4, The withheld mformation es e traie secret or commerceal or fmancial eformation that is bemg withhead for the reasonis) indicated. (Ememption di The mformatson es considered to be confidential busmese (proproteryl mformation The mformation se conaedered to be proprietary eformation pursuant to to CFR 2 7901dp111 The enformation was submrtted end received m confidence,sutsuant to 10 CFR 2 790idil21
~ [the mthheid mtormaison cons.sts of eteragency or mtraagent records that ese not ava.iat>ie through discove;y conng litigation (Ememption 61. Applicable Priv lege:
Mhberateve Process Dscrosues of predecisiones'mformanon would tend to inhetat the open and frank eschar ge of idees essent.al to the deliberative process Where records are withheid in their entirety, the f acts are meatncably mtertwrned with the predecastonalinfoimation There also are no reasonably segregable f actual portions because the esiease of the f acts wou'd permet an mdnect inquiry mto the predecisional process of the egency L_.' X Attorrie, won product pnveiege mocuments prepa'ett liv an attorney m contemp!at.on of hi,9ation Atteney ete revilege. (Conf.dential commumcations between en attorney entf hesMer cbentJ w
6 The withheid eformation is esempted from pubhc disclosure because its desciosure nould 'esu t m a clea*iv unastranted evas on of pe<sonal prwecy (Enemption 6) r
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- 7. The withhead enformatson consests of records compiled for law enforcement purposes and is bemg withheid for the reasontsi mrlicated (Enemption 7)
Disclosure could seasonably be ehpected to 6nterfere with an enforcement proceeding because it coukt reveal the scoce, direction. and focus of enforcement efforts, arid thus could possibty allow recipients to teks action to shield potenteal weongtloir J or a vioiation of NRC reouirements from investiestor.sjf memption 7 (A))
Discsoeure would constitute en unwarranted invasen of personal pnvecy (Ememption 7(C))
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The mtormation cons,sts ul names of mdm. dues and other mturmat.on vue deciown of wheh n euid seasanabw De ewected to revev identities of conbdent 44 sources,(Enemption 7 (DH
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PART H. C-DENYING OFFICIALS Pwivant to 10 CF R 9 25(bl and or 9 254ci of the U S. Nucw Hwaim, CommM,on rey.Rons.,1 bag ban determeert that the informaten withheid as esempt from pro
. ducten or daciusu e. and that -rs production o+ d scioso,e is coni <a v to the pudoc mterest the persom responnehde for the den,aa are those offee-ais atentified below as denymg of f. cia's amt the D.recian D,vis,on of Femtom of informe.on end Pubncat ons Se+cei Of t ce of Administra,on. for ativ demais that re ay be.sps,aws to the E necutwo Director o Operat<ons (ED01 f
ItTLE OFFICE RECORDS DENIED APPELL ATE OFFICIAL EDO MCMTaisY aG igphen G, Burns Associate General Counsel App,.B X
for Hearings, GTo rc eme n t and Administration f
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l PART la D-APPEAL RIGHTS The dJahdi by e.gh denymg off,cial ittentified m Pa'i H.C may be aDpealed to the Appeliate Off cia utentified there. Any such appeat must be made m entmg etNo 30 days of receipt -
s (f tNs Pasponse, Appeals must be addrested. as appropriate, to the E uecutive Dienctor for Operations. to the Secretary of the Commins,on. or to the inspector Genera ( U S. Nucisar 7.aglMfory Cn,.rifthsborb Ytashin0 ton, DC 20%5. and showed clearly state on the envevope and in the letter that <t is an Appeal from an Imtia! FCn A Detmion/"
Nnc FCRM 464 (Part 2) 4911.
U.S. NUCLEAR REQULATORY COMMISSION
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Re: FOIA 97-417 APPENDIX B DOCUMENTS BEING WITHHELD IN THEIR ENTIRETY NUMBER DATE DESCRIPTION / EXEMPTION /PAGES l
1.
12/26/96 Memo to William Olmstead from E. Neil Jensen, subject: NRC's NEPA Obligation When Certifying a Dual Purpose Cask Une' r Parts 71 and 72, (3 pgs.)- EX. 5.
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RAoloAcrive Wasre MANAGsMsNT Associarns l
October 24,1997 Freedom ofInformation Omcer US Nuclear Regulatory Commission Washington, DC 20555
Dear Sir / Madam:
Under the Freedom ofInformation Act, I wish to obtain the following documents from the Nuclear Regulatory Commission. As background to this request, in discussions with Charley Haughney, Director of the Spent Fuels Project Omce, NMSS, it is my understanding the NRC is presently reviewing the adequacy of previously prepared environmental impact statements on transportation ofirradiated fuel, particularly NUREG-0170 and that Sandia National Laboratories is a contractor under this review.
Regarding the review of the adequacy of previously prepared environmental impact statements on transportation of irradiated fuel, please provide:
- 1) all telephone and meeting notes, correspondence, reports and documents by or between the NRC and Sandia National Laboratories,
- 2) the contract between the NRC and Sandia National Laboratories. If certain sections are proprietary, please provide the non-proprietary sections and a listing of the proprietary sections, and
- 3) the Request for Proposal, if any, under which Sandia National Laboratories was awarded a contract, including the NRC evaluation criteria.
- 4) all telephone and meeting notes, correspondence, reports and documents by or between the NRC and Sandia National Laboratories, in response to a letter I sent to Charley Haughney regarding the adequacy of NUREG-0170, September 10,1997.
- 5) Finally, please provide the HI-STORM 100 TSAR, Rev. 2, non-proprietary version, prepared by Holtec International. The proprietary
$25 WES126th STREl, RK 50 it. E h1 10001
, w. a s.!; y :'; " " 3 3 Marvin Resnikoff, Phn
- Senior Aswiate A u.
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2-E version of Rev. 2 was submitted to the NRC; April 25,1997, (forwarding letter from O Tjersland, Holtec to M Delligatti, NRC) with a note that a complete nonproprietary version would be submitted to the NRC within 30 days. she Public Document Room'is unable to locate a copy and it is not listed in the NUDOCS database. Since this cask system is being proposed for use at an ISFSI by PFS in Utah, it is crudal that we obtain a copy of this TSAR as soon as possible. We.
are contractors for the State of Utah investigating the proposed
- license application.
~
The person most knowledgeable about these matters is Charley-Haughney, Director of the Spent Fuels Project Office, NMSS.. A copy of this letter has been sent to Mr. Haughney to expedite matters.
~ 1f the charges are greater than $150, please inform _us in advance.
- Thank you for a prompt consideration of this request. It is my understanding that the NRC has ten business days in which to respond -
to this request.
Oc: C Haughney Since ly,
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