ML20205E198
| ML20205E198 | |
| Person / Time | |
|---|---|
| Site: | Dow Chemical Company |
| Issue date: | 10/04/1985 |
| From: | Felton J NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Condit R, Kohn S GOVERNMENT ACCOUNTABILITY PROJECT |
| Shared Package | |
| ML20205E202 | List: |
| References | |
| FOIA-85-259 NUDOCS 8510170221 | |
| Download: ML20205E198 (5) | |
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UNITED STATES b
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jlf ', ^7,3 Steve Kohn, Esquire Mr. Richard Condit Government Accountability Project 1555 Connecticut Avenue, flW, Suite 202 IN RESPONSE REFER Washington, DC 20036 TO F01A-85-259
Dear Messrs. Kohn and Condit:
This is our final response to your letter of April 9, 1985, in which you 4
requested, pursuant to the Freedom of Information Act (F0IA), various categories of documents relating to Dow Chemical Company of Midland, Michigan.
The remaining documents subject to F01A-85-259 - which deals with noncompliance with laws, regulations, and AEC-NRC guidelines - are listed in the enclosed Appendices 0, P, and Q.
They are being placed in the NRC Public Document Room (PDR).
Appendix 0 lists additional documents that are being released and placed in the PDR file under your names under F01A-85-259. Appendix P includes several documents filed in the PDR that have not previously been called to your attention in connection with this request. These may be obtained by citing their accession numbers.
The documents listed in Appendix Q contain information which identifies procedures for safeguarding licensed special nuclear material at a licensed facility or plant. This information is considered commercial or financial (proprietary) information pursuant to 10 CFR 2.790(d) and is being withheld from public disclosure pursuant to Exemption (4) of the FOIA (5 U.S.C.
552(b)(4)) and 10 CFR 9.5(a)(4) of the Comission's regulations.
Pursuant to 10 CFR 9.9 of the NRC'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 persons responsible for this denial are the undersigned and Mr. James G. Keppler, Regional Administrator of the NRC's Region III office.
0510170221 851004 PDR FOIA KOHN85-259 PDR
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.This denial may be appealed to the NRC's Executive Director for Operations within 30 days from the receipt of this letter. As provided in 10 CFR 9.11, any such appeal must be in writing, addressed to the Executive Director for Operations, 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."
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M. Felton, Director Division of Rules and Records Office of Administration
Enclosures:
As stated
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g Re: F01A-85-P.59 APPENDIX 0 1,
01/19/78 Letcer, Langner to Keppler, re security measures (1 page)
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03/29/78 P'emo, Keppler to Haller, re potentional abnormani occurrence (3 pages) 3.
05/19/!8 Memo, Howard to Keppler, re recommended civil penalty for Dow Chemical Company (2 pages)
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Re: F01A-85-259 APPENDIX P DOCUMENTS ALREADY IN THE PDR, RE NONCOMPLIANCE WITH LAWS, REGULATIONS AND AEC/NRC GUIDELINES 1.
11/08/79 Letter, Langner to Davis, re failure of inspection committee to meet (1 page). Accession No. 7912130350 2.
11/28/79 Letter, Davis to Langner, thanking him for noncompliance letter of 10/22/79 (1 page). Accession No. 7912130346 3.
12/14/79 Letter, Langner to Heishman, re establishment of " reminder board" to prevent noncompliance (1 page).
Accession No. 8002120604 4.
12/21/84 Letter, Rampy to Norelius, in response to notice of violation, i
dated 12/10/84 (2 pages). Accession No. 8501150239 s
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I Re: F01A-85-259 APPENDIX Q DOCUMENTS OF WHICH PORTIONS ARE BEING WITHHELD UNDER EXEMPTION 4 1.
02/09/76 Memo, Hind to Roy re enforcement letter and inspection report.
(2 pages) 2.
02/10/76 Letter, Hind to DeLine, enclosing Notice of Violation and Inspection Report No. 050-264/76-01. (12 pages) 3.
04/09/76 Letter, Hind to DeLine, enclosing comments on steps to correct noncompliance. (4 pages) 4.
Undated Inspection notes. (14 pages) 5.
01/13/78 Letter, Keppler to Langner, re inspection conducted
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1/10-12/78. (2 pages) 6.
Undated Memo route slip, Norelius to Hind and Donahue, enclosing
" Analysis of a Proposed Civil Penalty That Raised Several Generic Issues." (9 pages) 7.
01/16/78 Preliminary Notification, Donahue and Hind, re " Lack of Positive Access Controls to Reactor Building". (1 page) 8.
Undated Draft memo, Norelius to Jordan, on "Dow Chemical Company -
Recommended Civil Penalty," enclosing draft letter to Dow, draft Notice of Violation, and Notice of Proposed Imposition of Civil Penalties. (24 pages) 9.
Undated Draft of a report on 1/10/78 inspection of Triga Research Reactor Facility, enclosing Notice of Violation and Notice of Proposed Imposition of Civil Penalties. (22 pages)
- 10. 03/0?/78 Memo, Keppler to Haller, "Dow Chemical Company - Recommended i
Civil Penalty" (2 pages)
- 11. 05/15/78 Memo Stello to Howard, " Security at the Dow Research Reactor (Docket No. 50-264)." (2 pages)
- 12. 07/12/78 Letter, Hind to Hanes, enclosing Notice of Violation and IE Inspection Report. (12 pages)
- 13. 07/26/78 Written Statement in Reply to Notice of Violation, Docket No.
50-264. (5 pages) 9 i
GOVERNMENT ACCOUNTABluTY PROJECT 1555 Connecticut Awmue, N.W., Suite 202 Washington, D.C. M6 (202)232 8550 April 9, 1985 FREEDOM OF INFORMATION Freedom of Information Officer ACI REQUES1,,,
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Dear Freedom of Information Officer,
Under the provisions of the Freedom of Information Act. 5 U.S.C. 552, the Government Accountability' Project (GAP) is requesting copies of all information on record at the NRC and/or AEC which indicates, and/or has indicated,
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that the Dow Chemical Company of Midland, Michigan was not in compliance with any law and/or-regulation and/or guideline (s) administered by the NRC/AEC and/or any other
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state or federal agency.
GAP requests that any fees be waived.
As you know, the Act (5 U. S. C. 5 52 (a )' (4 ) (a ) ) permits you to waive any fees when the release of the information is considered "primarily benefiting the public."
GAP believes that as this request fits that category.
For any documents or portions of documents that you deny due to a specific exemption under the Act, please provide an index itemizing and describing the documents or portions of documents withheld.
The index should provide a detailed justification of your grounds for claiming each exemption, explaining why each exemption is relevant to the document or portion of document with-held.
GAP would appreciate your handling this request as quickly as possible, and we look forward to hearing from you within ten (10) days, as the Act stipulates.
Sincerely, Steve Kohn Staff Attorney Richard Condit Staff Associate i
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