ML20198H332
| ML20198H332 | |
| Person / Time | |
|---|---|
| Issue date: | 12/23/1985 |
| From: | Grimsley D NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Bell N NUCLEAR INFORMATION & RESOURCE SERVICE |
| Shared Package | |
| ML20198H337 | List: |
| References | |
| FOIA-85-534 NUDOCS 8601310001 | |
| Download: ML20198H332 (6) | |
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NUCLEAR REGULATORY COMMISSION j
WASHINGTON, D. C. 20555
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Ms. Nina Bell Assistant Director Nuclear Information and Resource Service 1616 P Street, NW, Suite 160 IN RESPONSE REFER Washington, DC 20036 TO F01A-85-534
Dear Ms. Bell:
This is in partial response to your letter dated July 23, 1985, in which you requested, pursuant to the Freedom of Information Act (F0IA), three categories of records related to the threat to commercial and non-power reactors from truck bombs.
. Documents subject to your previous F0IA requests designated as F01A-84-355, and F01A-84-660, and a related appeal, 84-A-69, are also subject to this request.
Document one on the enclosed Appendix A is already available in the NRC's Public Document Room (PDR), 1717 H Street, NW, Washington, DC.
Documents two through eight are being placed in the PDR.
You may obtain access to these documents by presenting a copy of this letter to the PDR staff or by requesting PDR folder F01A-85-534 in your name.
The documents listed on the enclosed Appendix B are being withheld from public disclosure pursuant to the exemptions noted next to each document. These documents do not contain any reasonably segregable portions.
Information being withheld from public disclosure pursuant to Exemption (1) of the F0IA (5 U.S.C. 552(b)(1)) and 10 CFR 9.5(a)(1) of the Commission's regulations consists of information which is classified pursuant to Executive Order 12356.
Information being withheld from public disclosure pursuant to Exemption (3) of the F0IA (5 U.S.C. 552(b)(3)) and 10 CFR 9.5(a)(3) of the Commission's regula-tions consists of Restricted Data.
The statutory authority for withholding Restricted Data is found in Sections 141 through 145 of the Atomic Energy Act (42 U.S.C. 2161-2165).
Information being withheld from public disclosure pursuant to Exemption (5) of the F0IA (5 U.S.C. 552(b)(5)) and 10 CFR 9.5(a)(5) of the Commission's regula-tions consists of documents which are predecisional and contain advice, analyses, opinions, and recommendations.
The information discussed in the documents reflect the deliberative process of the agency, and release of these documents would tend to inhibit the open and frank exchange of ideas essential to the deliberative process.
8601310001 851223 PDR FDIA DELL 85-534 PDR
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- Pursuant to 10 CFR 9.15 of the Commission'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 person responsible for the denial of documents 22 and 27 on Appendix B is Mr. John E. Zerbe, Director, Office of Policy Evaluation. The person responsible for the denial of the remaining documents on Appendix B is Mr. John C. Hoyle, Assistant Secretary of the Commission.
These denials may be appealed to the Secretary of the Commission within 30 days from the receipt of this letter. Any such appeal must be in writing, addressed to the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555, and should clearly state on the envelope and in the letter that it is an " Appeal from an Initial F0IA Decision."
The review of additional documents subject to your request is continuing. As soon as our review is completed, we will notify you.
Sincerely e
J,5-Donnie H. Grimsley, Director Division of Rules and Records Office of Administration
Enclosures:
As stated 1
c-v
Re:
F01A-85-534 APPENDIX A Documents To Be Released 1.
February 3,1984 - IE Information Notice No. 84-07: Design-Basis Threat and Review of Vehicular Access Controls '-- Accession No. 8401190016 2.
July 10, 1984 - Letter to Ralph Caudie from Robert F. Burnett w/o enclosure.
3.
July 10, 1984 - Letter to Donald L. Ness from Robert F. Burnett w/o enclosure.
4.
August 3,1984 - Memorandum for Robert F. Burnett from George W. McCorkle, subject: Semi-Annual Design Basis Threat Review No. 5.
5.
August 14, 1984 - Memorandum for John G. Davis from Robert F. Burnett, subject: Truck Bomb Threat.
6.
September 26, 1984 - Memorandum for Robert F. Burnett from Raymond J.
Brady, subject: Classification Review of Draft Issue Papers Re:
Truck Bomb Threat w/o enclosures.
7.
May 8,1985 - Article from The Energy Daily, entitled " Sitting Ducks?
Academics Fret Over Threat to Nuclear Plants."
8.
July 8,1985 - Various articles from Inside Energy.
O Re: F01A-85-534 APPENDIX B Documents Withheld EXEMPTION (S) 1.
Agenda of June 19, 1985, meeting.
(1 page) 5 2.
Listing of anticipated attendance for Executive Branch briefing on June 19, 1985.
(1 page) 5 3.
Opening Remarks for Executive Branch briefing June 19, 1985.
(2 pages) 5 4.
Proposed Agenda - List of attendees for meeting July 23,
~1985.
(2 pages) 5 5.
Opening Remarks for June 23, 1985, Commission meeting.
(4 pages) 5 6.
Undated - Potential Consequences of Attempted Sabotage of Nonpower Reactors.
(11 pages) 1 7.
DBT File - Table of Contents.
(2 pages) 1 8.
Commission Options.
(3 pages) 5 9.
Undated - notes by J. K. Asselstine at June 19, 1985, Executive Branch Briefing.
(13 pages) 1 and 5 10.
Response sheet from Palladino to Chilk (unused) (1 page) 1
- 11. Draft letter from N. J. Palladino to McFarlane.
(5 pages) 5 12.
January 23, 1985 - Memo from W. J. Dircks to Cmrs.,
" Consideration of Modification of NRC Design Basis Threat Statement." (7 pages) 5
- 13. Memo from P. Polk to A. Bates dated February 8,1985.
(1 page) 5
- 14. Note from P. Polk to N. J. Palladino dated February 12, 1985.
(1 page) 5 15.
February 12, 1985, vote sheet of L. W. Zech on "SECY-85-24 Consideration of Modification of NRC Design Basis Threat Statement."
(1 page) 5 16.
February 14, 1985, vote sheet of N. J. Palladino on "SECY-85 Consideration of Modification of NRC Design Basis Threat Statement."
(1 page) 5
O Re:
F01A-85-534 APPENDIX B Documents Withheld EXEMPTION (S) 17.
February 14, 1985 - Response sheet from N. Palladino to Samuel Chilk.
(1 page) 1 18.
February 27, 1985, vote sheet of T. M. Roberts on "SECY-85 Consideration of Modification of NRC Design Basis Threat Statement."
(1 page) 5
- 19. February 27, 1985, vote sheet of F. Bernthal on "SECY-85 Consideration of Modification of NRC Design Basis Threat Statement." (1 page) 5
- 20. March 1,1985, vote sheet of J. K. Asselstine on "SECY-85 consideration of Modification of NRC Design Basis Threat Statement."
(1page) 5
- 21. June 13, 1985, Classified vote sheet of J. K. Asselstine on "SECY-85 Consideration of Modification of NRC Design Basis Threat Statement." (2 pages) 1 and 5
- 22. June 14, 1985 - memo to the Commission from John E. Zerbe, Director, OPE,
Subject:
(C) Background and Suggested Talking Points for June 19 Meeting on Design Basis Threat.
(5 pages) 1, 3 and 5
- 23. Note from B. Hayden to N. J. Palladino dated June 18, 1985.
(1 page) 5
- 24. Note from G. Schuetze to N. J. Palladino dated June 18, 1985.
(1 page) 5
- 25. Note from B. Hayden to N. J. Palladino dated June 20, 1985.
(3 pages) 5
- 26. July 3,1985 - Letter to W. J. Dircks from N. Palladino.
(1 page) 1
- 27. July 18, 1985 - Memo to the Commission from John E. Zerbe, Director, OPE,
Subject:
(U) Background for July 23 Commission Meeting on Threat Level and Physical Security.
(8 pages not including enclosures) 1, 3 and 5
Re:
F01A-85-534 APPENDIX B Documents Withheld EXEMPTION (S)
.28.
July 22, 1985 - Letter to N. Palladino from Markey.
(2 pages) 1
- 29. July 22, 1985 - Letter to Palladino from Markey.
(1 page) 1
- 30. July 24, 1985 - Letter to Markey from Palladino.
(1 page) 1 31 '. July 31, 1985 - Letter to McFarlane from N. Palladino.
(3 pages) 1
s 5-_-n v
Nucear Informadon and Resource Service 1346 Connecticut Avenue NW. 4th Floor. Washington. O C. 20036 (202) 296-7552 July 23, 1985 FREE 00W OF INFORMATf0N James M.
Felton, Director Division of Rules and Records BOI REQUEST gf/4 -/5-53 j/
Office of Adminstration U.S. Nuclear Regulatory Commission
%ic/N9M Washington, D.C. 20555
, FREEDOM OF INFORMATION ACT REQUEST Previous Related Requests: FOIA 84-355 (BELL),84-660 (BELL),85-423 (BELL)
Dear Mr. Felton:
Pursuant to the Freedom of Information Act, 5 U.S.C. 522, as amended, the Nuclear Information and Resource Service requests the following documents regarding the threat to commercial and non-power reactors from truck bombs.
Please consider
" documents" to include reports, studies, test results, correspondence, memoranda, meeting notes, meeting minutes, working papers, graphs, charts, diagrams, notes and summaries of conversations and interviews, computer records, and any other forms of written communication, including internal NRC Staff memoranda.
The documents are specifically requested from, but not limited to, the Office of Inspection and Enforcement (I&E);
Office of the Executive Legal Director (OELD);
Office of Nuclear Regulatory Research (Research); Office of Nuclear Reactor Regulation (NRR);
Office of Nuclear Material Safety and Safeguards; and the Operating Reactors Branches of the Division of Licensing.
In your response, please identify which documents correspond to which requests below.
Please also state in your response which offices received copies of this request.
Pursuant to this request, please provide all documents prepared or utilized by, in the possession of, or routed through the NRC related to:
- 1. The Sandia National Laboratories study titled " Analysis of Truck Bomb Threats at Nuclear Facilities", any briefings held regarding this study, the conclusions of this study and NRC proposed actions related to them;
- 2. The threat to power and non-power reactors in the United States from truck bombs, NRC's consideration of this threat, and licensee actions in response to this threat; 26all703 9'O ^
Aff-
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. 3. A briefing to the NRC Commissioners by the FBI, DOE and/or National Security Council on or about June 17, 1985 regarding the threat to U.S. reactors from truck bombs.
I hereby request a declassification review of the documents subject to this request.
However, pending this review, please provide all non-classified documents.
In our opinion, it is appropriate in this case for you to waive copying and search charges, pursuant to 5 U.S.C. 522(a)(4)(A)
"because furnishing the information can be considered as primarily benefiting the general public."
The Nuclear Information and Resource Service is a non-profit organization perving local organizations concerned about nuclear power and providing information to the general public.
Information required by 10 CFR 9.14a was provided by letter dated August 3, 1984.
Sincer y,
'3 Nina Bell Assistant Director cc: File i
.