ML20204H460
| ML20204H460 | |
| Person / Time | |
|---|---|
| Issue date: | 03/22/1999 |
| From: | Racquel Powell NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Post E AFFILIATION NOT ASSIGNED |
| Shared Package | |
| ML20204D654 | List: |
| References | |
| FOIA-98-341 NUDOCS 9903290076 | |
| Download: ML20204H460 (4) | |
Text
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s NRC FORM 464 Patrt i
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V U.S. NUCLEAR REGULATORY COMMISSION FOIA/PA RESPONSE NUMBER
! . p* % a 93,343 3 l
[ C ), RESPONSE TO FREEDOM OF
% 'I INFORMATION ACT(FOIA)/ PRIVACY RESPONSE - ~
/ ACT (PA) REQUEST TYPE -
REQUEST E R DATE Mall 22 Ig Edda Sara Post
, PART l. -INFORMATION RELEASED l
l
] No additional agency records subject to the request have been located.
] Requested records nre available through another public distribution program. S ee Comments section.
R IAPPENDICEs ] Agency records subject to the request that are identified in the listed appendi ces are already available for l" ~ '
l ; public inspection and copying at the NRC Public Document Room.
r APPENDICE S i Agency records subject to the request that are identified in the listed appendi ces are being made available for N 1 pub!ic inspection and copying at the NRC Public Document Room.
l ] Enclosed is information on how you may obtain access to and the charges for cop ying records located at the NRC Public Document Room,2120 L Street, NW, Washington, DC.
APPENDICE'S u J g Agency records subject to the request are enclosed.
l [] Records subject to the request that contain information originated by or of int erest to another Federal agency have been
- referred to that agency (see comments section) for a disclosure determination a nd direct response to you.
Q We are continuing to process your request.
U See Comments.
PART l.A - FEES IAMouNT* You will be billed by NRC for the amount listed. _
None Minimum fee threshold not met.
Fees waived.
iS 3c ents
(( You will receive a refund for the amount listed.
PART l.B -INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE C No agency records subject to the request have been located.
Q* - the reasons stated in Part II.Certain information in the requested records is being wiuiheld from disc Q This determination may be appealed within 30 days by wnting to the FOIA/PA Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Clearly state on the envelope and in the letter tha t it is a "FOIA/PA Appeal."
PART l.C COMMENTS (Use attached Comments continuation paaeif required)
Dcoument 4 on Appendix 0 contains copyrighted information and, therefore,is not being provided. You may view copies of the records in the NRC Public Document Room.
Ihl 9903290076 990322 PDR F01A POST 98-341 PDR s s SKNlTUT REEDpyOUp TH' D PRIVACY ACT OFFICER Rus . we J
bOSbOUN PRINTED ON RECYCLED PAPER This form was designed using informs NRC FORM 464 Part 1 (61095)
NRC FORM 464 Ptrt 11 U.S. NUCLEAR REGULATORY COMMISSION FO!A/PA DATE e
se RESPONSE TO FREEDOM OF INFORMATION
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ACT (FOIA) / PRIVACY ACT (PA) REQUEST m._ _._. PART ll.A- APPLICABLE EXEMPTIONS f"U i
Records subject to the request that are desenbed in the enclosed Appendices are being withheld in their entirety or in part under the j Exemption No.(s) of the PA and/or the FO!A as indicated below (5 U.S.C. 552a and'or 5 U S.C. 552(b)).
[ Exemption 1: The withheld information is properly classified pursuant to Executive Order 12958.
[ Exemption 2: The withheld information relates solely to the intemal personnel rules and procedures of NRC.
[ Exemption 3: The withheld information is specifically exempted from public disclosure by statute indicated.
O Sections 141 145 of the Atomic Energy Act, which prohibits the disclosure of Restncted Data or Formerly Restricted Data (42 U.S.C.
2161 2165).
] Section 147 of the Atomic Energy Act, which prohibits the disclosure of Unclassified Safeguards Information (42 U S.C. 2167).
]- 41 U.S.C., Section 253(b), subsection (m)(1), prohibits the disclosure of contractor proposals in the possession and control of an executive agency to any person under section 552 of Title 5, U.S.C. (the FOI A), except when incorporated into the contract between the agency and the submitter of the proposal.
] Exemption 4: The withheld information is a trade secret or commercial or financial information that is being withheld for the reason (s) indicated.
[ The information is considered to be confidential business (proprietary) information.
]- The information is considered to be proprietary because it concems a licensee's or applicant's physical protection or matenal control and accounting program for special nuclear matenal pursuant to 10 CFR 2.790(d)(1).
] The information was submitted by a foreign source and received in confidence pu rsuant to 10 CFR 2.790(d)(2).
] Exemption 5: The withheld information consists of interagency or intraagency records that are not available through discovery during litigation.
Apphcable privileges:
n Deliberative process: Disclosure of predecisionalInformation would tend to in hibit the open and frank exchange of ideas essential to the L3 dehberative process. Where records are withheld in their entirety, the facts are inextricably intertwined with the predecisionalinformation.
There also are no reasonably segregable factual portions because the release of the facts would permit an indirect inquiry into the predecisional process of the agency.
[ Attomey work-product privilege. (Documents prepared by an attomey in contemplation of htigation)
[ Attomey client pnvilege. (Confidential communications between an attorney and his/her chent)
Q Exemption 6: The withheld information is exempted from public disclosure because its disclos ure would result in a clearly unwarranted invasion of personal privacy.
R Exempticn 7: The withheld information consists of records compiled for law enforcement purpo ses and is being withheld for the reason (s)
" indicated.
Disclosure could reasonably be expected to interfere with an enforcement proceeding (e.g.,it would reveal the scope, direction, and
] (A) focus of enforcement efforts, and thus could possibly allow recipients to take action to shield potential wrongdoing or a vio requirements from irivestigators).
[ (C) Disclosure would constitute an unwarranted invasion of personal pnvacy.
[l (D) The information consists of names of individuals and other information the disclosure of which could reasonably be expected to reveal
'> identities of confidential sources.
] (E) Disclosure would reveal techniques and procedures for law enforcement investiga tions or prosecutions. or guidelines that could reasonably be expected to risk circumvention of the law.
] (F) Disclosure could reasonably be expected to endanger the life or physical safety of an individual.
OTHER (Specify) l PART 11.B - DENYING OFFICIALS Pursuant to 10 CFR 9 25(g 9.25(h), and/or 9.65 that the information withheld) is exempt from uction prod (b)and or disclosure, of the U.S.
that its Nuclear production Regulatisory or disclosure Commission contrary to the publicregulations interest. The person responsible for the denia: are those officials identified below as denying officials and the FOIA/PA Officer for any denials that may be appealed to the Executive Director for Operations (EDO).
I i APPELfATE OFFICI L~
DENYING OFFICIAL TITLE / OFFICE RECORDS DENIED i Eco : secfrif l
James E. Dyer f Regional Administrator Region 111 l Appendis O igj l ! ,
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l Appeal must be made in writing within 30 days of receipt of this response. App eals should be mailed to the FOIA/ Privacy Act Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555 0001, for action by th e appropriate appellate official (s). You should clearly state on the envelope and letter that it is a "FOIA/PA Appeal."
PRINTED ON RECYCLED PAPER This form was designed usmg inForrns NRC FORM 464 Part il (6-1998)
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Re: FOIA-98-341 APPENDIX N j RECORDS BEING RELEASED IN THEIR ENTIRETY I (if copyrighted identify with *)
NO. DATE DESCRIPTION /(PAGE COUNT) .
l LICENSE NO. 34-00508-16 (ACTIVE) l
- 1. 3/5/79 Letter from P. Guinn to S. Z. Mansdorf regarding application for Type A License of Broad Scope. (6 pages) 1
- 2. 6/14/79 Letter form J. L. Holtshouser to P. Guinn re application. (1 l page)
- 3. 6/29/79 Letter from P. Guinn to J. L. Holtshouser, re radiation safety officer. (1 page)
- 4. 10/10/79 Letter from J. L. Holtshouser to P. Guinn, enclosing l information pertaining to application for license. (105 pages)
- 5. 1/24/80 Letter from P. Guinn to J. L. Holtshouser regarding additionalinfo. need for application. (6 pages)
- 6. 4/28/80 Letter from P. Guinn to J. L. Holtshouser re additionalinfo.
required for application. (1 page)
- 7. 5/8/80 Letter from J. L. Holthouser to P. Guinn re application. (20 pages)
- 8. 5/30/80 Telephone or Verbal Conversation Record. (1 page) 1
- 9. 10/20/80 Letter from J. L. Holtshouser to P. Guinn enclosing copies of typicalinstallations and uses of sealed sources. (7 pages) i a
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Re: FOIA-98-341 APPENDIX O l RECORDS BEING WITHHELD IN PART (if copyrighted identify w!" *)
(
- NO. DATE DESCRIPTION /(PAGE COUNT)/ EXEMPTIONS l 1. 1/5/79 Letter from S. Z. Mansdorf to USNRC, REGARDING APPLICATION FOR A Type A, Broad-Scope License for
! Byproduct Material. (128 pages) EX. 6
- 2. 8/30/84 Letter from J. L. Holtshouser to B. J. Holt regarding amendment to License #34-00508-04. (14 pages) EX. 6
- 3. 5/19/98 Conversation record of conversation between Roger Doornbos and Chris Borello, President of the the Concerned Citizens of Lake Township (CCLT). (1 page) EX. 6
- 4. 5/19/98
- Handwritten fax sheet from Roger Doornbos to C. Borello i
regarding US EPA inspector General's Report on IEL Radiation. (23 pages) EX. 6
- 5. 5/19/98 Handwritten fax sheet from Roger Doornbos to C. Borello regarding radioactive scrap metal. (8 pages) EX. 6 i
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KAUEVAK &CUMBHXJ CO. L A A. C O U N B E L O F4 S AT LAW FRANK J. CUMBERL.AND OF CDUNTL R SANTIS JACK G DAY FOBERT A BLATT"R ANTHOW T. TROIA GAL E. SINQiL MOELE G RAGLEY WILLIAM W JAGJBS ,
EDOA SARA FOST MITOfLL EHRENBERG THOMAS L fBER August 28,1998 gg c"""
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. g Freedom ofInformation Act Officer Office of the ChiefInformation Officer US Nuclear Regulatory Comdtission Washington, DC 20555 Re: Freedom ofinformation Act Reauest
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 potential sources and the nature of radioactive contamination at the IEL Superfund Site on behalf of the local government 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 and 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 affiliates; any and 'all inspection, investigation, notices of violation or other reports, internal 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 materials 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 l
j 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, purchased, sold, treated, disposed or otherwise handled by the licensee; any and all reports or other documents filed with the NRC by the licensee for Radioactive Material; any (216] BS1607 FAX. (216) 694-6883 TDo: (21G) 694 6891 l9992+2.02 2 5,4 15oO'REPUCUC BullDING.
l 25 PRCEPECT AVENUE WEST, ClfVEL.AND, OHIO 44115-1000 EMAIL; ketpa com
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KAUFMANeCUMBERLAND .
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 regted to Radioactive Material by the hcensee; any and all reports or ot'ier documentation ,
or the disposition ofRadioactive 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 Ilisposal 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 'ot 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, purchast , sale, transportation generation or l 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.
a
- 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 i 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. nny..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 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 Ihe nature, possession, use, storage, purchase, sale, management, transportation, generation or disposal or other handling of Radioactive Materials, by Firestone Tire and Rubber Company Akron Synthetic Plant, its predecessors, successors and related entities and affiliates. This information includes but is not limited to the types of l documents discussed in #1.
h 7. Any and all information in the possession of the NRC related to the nature, i possession, use, storage, purchase, sale, management, transportation, generation
1 KAUFMAN&CUMBERLAND .
Freedom ofInformation Act Request Page 3 of 5 08/28/98 or disposal or other handling of Radioactive Materials, by Firestone Tire and Rubber Company Akron 11 Plant, its predecessors, successors and related entities and affiliates. This information includes but is not limited to the tEpes of documents discussed in #1. ,
[ 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 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. m
- 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, I 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. .
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- 12. Any and all information in the possession of the NRC related to the nature, l generation, transportation, treatment and disposal of high level and low level radioactive waste, mixed radioactive and hazardous waste and other Radioactive l
i 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 information 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 i
l
I KAUFMAN&CUMBERLAND .
Freedom ofInformation Act Request Page 4 of 5 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, Colt)nbiana 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 m and any amendments, supplements, renewals, changes and m 4fication 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 an'd 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 sig~ns 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 l Trustees seeks the requested information to investigate the reports of dumping, determine I
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 re'medy of the Industrial Excess Landfill may not be designed.
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1 KAUFMANcCUMBERLAND Freedom oflafonnation Act Request Page 5 of 5 08/28/98 Our firm will review the information received from the NRC to identify the persons and entities that had Radioactive Materials in their possession and potentially dispgsed of Radioactive Material or mixed waste at the Site. The Township is currently seeking '
Technical Assistance under the EPA's TOSC program from the Hazardotu Materials <
Research Center at Michigan State University. Technical information may be forwarded to the Center for review. Much public concern has been expressed 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 c6mmunicated 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 to defray the Township's administrative expenses.
The 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 investigt. tion and remedy of the Site.
Accordingly, pursuant to 10 CFR s9.41(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, please feel free to contact me at the telephone number listed above.
Very truly yours,
~
[MJdd.AAb Edda Sara Post ,
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- l ESP /jmp cc: David Herbert, Esq.
Frank J Cumberland, Esq.
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