ML20205G412
| ML20205G412 | |
| Person / Time | |
|---|---|
| Issue date: | 03/25/1987 |
| From: | Stello V NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | Ratner M RATNER, M.G. |
| References | |
| FOIA-86-704, FOIA-87-A-2 NUDOCS 8703310451 | |
| Download: ML20205G412 (2) | |
Text
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yf I%j UNITED STATES y-
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25 g Mozart G. Ratner, Esquire 4400 Jenifer Street, NW IN RESPONSE REFER' Sut_te 350 TO F01A-87-A-2 Washington, DC 20015 (F01A-86-704)
Dear Mr. Ratner:
This is in response to your letter dated January 8,1987, in which you appealed Mr. Donnie H. Grimsley's letter dated December 5,1986, which denied portions of 17 documents sub$ct to your Freedom of Information Act (F0IA) request for documents concerning General Electric's facility in Wilmington, North Carolina.
Acting on your appeal, I have carefully reviewed the record in this case and have determined that the previously withheld information will continue to be withheld from public disclosure pursuant to Exemption (4) of the F0IA (5 U.S.C. 552(b)(4)) and 10 CFR 9.5(a)(4) of the Commission's Regulations. Your appeal is, therefore, denied.
The initially withheld portions of these 17 documents contain information which identifies procedures for safeguarding licensed special nuclear material. Exemption (4) of the F0IA excludes from mandatory public disclosure matters that are " trade secrets and commercial or financial information obtained from a person and privileged or confidential." As provided in 10 CFR 2.790(d) of the Comission's regulations, a licensee's procedures for safeguarding licensed special nuclear material are deemed to be " commercial or financial information" within the meaning of Exemption (4) of the F0IA.
The history of this regulation indicates a concern that public access to procedures for safeguarding licensed special nuclear material would facilitate attempts at theft or diversion of such material and thus pose significant health and safety problems. This regulation was promulgated, in part, therefore, to avoid disclosures of information that would frustrate the statutory goal of protecting the public health and safety. This position was supported in Porter County v. AEC, 380 F.
Supp. 630 (N.D. Ind. 1974), where the court held that 9
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" release of such information could facilitate attempts of sabotage, diversion of nuclear material, or other attacks upon nuclear power facilities to the obvious detriment of
.public health and safety."
87032S 07033gO431 NER
-A-2 PDR
Mozart G. Ratner, Esquire '
The portions of documents being denied disclose specific details for the control and accounting of special nuclear material. This information has not been made available to the public and has been maintained in confidence by the licensee. Such information falls within the purview of 10 CFR 2.790(d) since it pertains to procedures for the safeguarding of licensed special nuclear material. Accordingly, the documents are protected from mandatory public disclosure under Exemption (4) of the F01A.
Your appeal has been carefully considered in light of the foregoing considerations, and a balance has been made between the public's legitimate need for access to details of the material control and accounting procedures and the need to withhold such information in the interest of protecting the public health and safety.
I have concluded that public disclosure of the information being sought in these documents would be contrary to the public interest because such disclosure could increase the risk that a facility could be subjected to theft or sabotage.
This determination is a final agency action. As set forth in the FOIA (5 U.S.C. 552(a)(4)(B)), judicial review of this decision is available in a district court of the United States in the district in which you reside, have your principal place of business, or in the District of Columbia.
Sincerely, m,
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gYVictor Stello, g.
M Executive Director for Operations l
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4400 J E NirE R ST A E ET, N. w SUITE 350 MO2 ART G. R ATNER WAS HINGTON, D. C 20015 AREA CODE 202 362-406O September 19, 1986 INFORMATION REQUEST Immediate Attention Requested FREDOM'OF INFORMATION Mr. James M. Taylor, Director h {ACI REQUESTf - %,,]
Office of Inspection and Enforcement U.S. Nuclear Regulatory Commission
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Washington, D. C.
20555 l
(f ggg,p g Re: General Electric Company (Wilmington, j[g /g [g, North Carolina Facility), DD-86-ll
Dear Mr. Taylor:
For your information, contrary to the statement in the Notice issued August 29, 1986, accompanying DD-86-ll, the Partial Director's Decision referred to in that Notice is, as of September 17, 1986, still not "available for public inspection" in the Public Document Room.
Further, contrary to the implication in the Partial Director's Decision, page 7, that the undersigned's request for all future relevant. inspection reports was honored by Mr.
Collins, that was true only with respect to inspection reports listed at page 8, footnote 6, from 82-18 through 85-02.
None of the nine listed inspection reports numbered after 85-02 was furnished to the undersigned; 85-04 was discovered by examination of the files in the PDR.
Moreover, some of the reports listed in footnote 6 as addressing "NRC's review of the allegations raised in the petition" are not to be found in the PDR as of the undersigned's latest inspection of the files l
in 70-1113 on September 17, 1986.
l Both under NRC's version of FOIA and in my capacity as I
counsel for petitioner in the pending 2.206 litigation and in the related DOL litigatio.n, I request that you furnish me immediately a full and unexpurgated copy of each of the below specified inspection reports, all responses thereto, if any, and all replies to responses, including specifically 85-12, and the supplemental report thereon referred to in Stobr's letter to Lees, dated 9-05-85; 85-14; 85-17; and also 85-18, as well as 85-01, albeit the latter two are not listed in footnote 6.
None of the above referenced reports are in the PDR, but I must examine all of them to determine whether they yfgh?-
Mr. James M. Taylor, Director Septemer 19, 1986 Page 2 are relevant to matters discussed in the partial decision or Appendix A thereto.
Attached hereto as an Appendix is a memo from Mr. Jones to Mr. Shoemaker concerning placement of 85-12 in the PDR.
In addition, under the same authority and for the.same reason, I request that you furnish me at once the~following inspection reports and notices of violation (if any), all responses thereto and all replies to responses, which are not on file in the PDR:
86-06, 86-07, 86-09 (and attachment to G3's response thereto, dated July 1, 1986), 86-11, 86-13, 86-15, and 86-16.
In addition, please furnish to me IE Information Notice Nos. 86-22 and 86-23, " Underexposure of Radiation Survey Instrument to High Radiation Fields and Excessive Skin Exposure Due to Contamination with Hot Particles," distributed to GE April 29, 1986, which are also not on file in the PDR.
If you do not have adequate authority to comply with these requests, please furnish a copy of this letter to all persons in NRC who collectively do have such authority, and obtain thei.r acquiescence and consent to your compliance with this request at the earliest opportunity, to facilitate my evaluation of your partial decision.
Very truly yours, l J}A V W Mozart G. Ratner cc:
James Lieberman, Esq.
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INFORMATl;N ACT (FOlA) RECUEST 1986 poe., n ote s,.
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"""" RATNERs Mozo R T C, PART l.-RECORDS RELEASED OR NOT LOCATED ISee checaea bonest No agency records subsect to the request have been located No addetenal agency records subrect to the request have been located.
Agency records subrect to the esovest that are identd.ed in Appendia are already avadac8e for putAc aspecten and copymg in the NRC Pubs c Docume-t s ooc 1717 H Street, N W., Wash.ngton DC Agency recorde subsect to the reaseet that are identifed in Appendia --
are being made avadable for pubhc inspection and copying in tha NRC Public Docume-Room.1717 H Street. N W, Wash ngton DC, e a folder weder th.s FOIA numter and requester name The nonproprietary versen of the proposaHet that you agreed to accept in a telephone conversation wwth a member of my staff is now being made avalable for public emoec and coving at the NRC Pubhc Document Room.1717 H $treet. N W, Washington, DC, e a foeder unde' thes FOIA nuraber and roovester name.
Enctooed is inforfraten on how you may obtain access to and the charges for copying records placed in the NRC Pubiac Document Room.1717 H Street, N.W., Wuhin Agency records subs ct to the 'equest are enclosed. Any archcable charge for copies of the records prow ced and gev wnt procedu es are noted in the comments sec+ce e
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Records sub,ect to the request have been referred to another Federal agencybesi for rev.ew and direct resconse to you in vow of NRC's resporse to this request no further acten is be ng taken on apput letter dated PART 18 A-INFORMATION WITHHELD FROM PUBLIC OISCLOSURE Certam informaten a the <*ouested records is be ng w.thheld from pubhc disetosure pursuant to the FOiA enemptices descreed e and for the reasons stated in Part t' sec.
tone 8. C. and D. Any re used portens of the documents for wh.ch only part of the record a be cg witt+eid are be ng enade ava.14eie for pubhc inspecten and conve the NRC Pube.c Document Room.1717 H Street. N W, Washegton DC. in a folder under this FOtA number sad teouester name Ce ents O
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Records wb ect to the request that ar; descr. bed in the enclosed Appendices i
_ ar) beeg withheld in their entieety or in part undet 5 0 a g empt ons and 90' the reasons set forth below pu suant to 5 U S C. 552(b) and to CFR 9 514) of NRC Regulations.
r 1 The t**eid info,maten.s peoped, class #ed pw swaat to taecwt.ve Orde 12356 txtMPtioN is 2 The wit *heid eforestion retates so4ety to the ete<nal pe< sonnet rules and o'ocedu es of NRC ilmEMPTION 2 r
3 The withme d eformatsoa es spec 3.caliv esempted from pas.c d sclosw e by statute ed.cated atatMPfiON 3:
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Sectea 141 145 of the Atomic Ene'gy Act wh.ch prohets the disclosw e of Rest <scted Data or Formeety Restricted Data 142 U $ C 2t6121651 e
l Section 147 of the Atomic Ene'ev Act wh.ch prohets the disclosure of UnctassAed Safegwards information (42 U $ C. 21671.
The nothneid eformation e a trade secret or comtnercial oe financial esformaten that e beieg withbeid for the reasontsi indicated 'ExtMPTION 41 4
The informaten a coes.dered to be corhdeettal buseess loropt etaryl informaton The enformation s Coes'de'ed to be peop'.etary seformaten pu suaat to 10 CFR 2 790id te r
The efoernat.oe was subm.tted sad received e coe'.dence t c,ca a fore g-sou ce ow*swaat to to CFR 2 790id 2 r
5 The witaheid cformatsoe coassts of iete.ageacv or etraageacy records tha+ a e cet ava.lable through escove v during 1.tigation Osciosu e o' p<edec.s.cnal informa :-
r wowid tend to seh@t the open and fraca eschange of deas esseet.al to the dehte.at.ve process Where reco*ds a o withbeid in the enterety, tPe f acts a e cent'icar.
en.,e,.~~d.,.th the ge o,edu.seaa,o,esten the.e a,so a,,e no,ea-abiv seregabee futwas pon.cs bususe the,e. ease e ine utswid pe,,,,.t a, edu s eat inf o
e ut snow., e,ito i pr-ess e the ageec ititvPticN 5 6 The methhe d information e esempted from pube.c de:teso e tecause.ts a scosw e *owld reswit e a clearty w na-anted invasen o' personal presas, itxtMPiiON t a
r e
e 7 The withheid informat.on coes.sts of etest+ gator) reco'3s comoded for la* edo'ce eat ow' Doses and e beregjv.thheld fo# the reasondst ind cated it.xt9Pfl0N 7 Disclosu e wow'd intede'*
- th sa enforcemeat proceedeg becewse ne cow d revesi the scope d.recien, and focus of enforcemeat e'vons ar$ thws cowid r
s possery allow t>em to take actea to sn.fid poteeta. *'oagdo eg or a woet.on of NRC '#%.rements from ewest.gators itXtvPfloN 7( An 0.sclosw<e *owld constitute an weaarraated in.as oa of pe soaas p< vacy 'IntvPfl0N 7'CH t
l The eformaten coes.sts of names of individwa's and othet infymat.on t*e d sciosse of **.ch
- owed rewesi sceatifies 0 coef.de*tial sources itxtMPflON 7io-8 PART 01 C-OENVING Of fiCIALS Pwrsweet to to CFR 3 9 and on 915 of the U S Nwcies, Regua.orv CoEmssen regw a.cas it has beea de.er%eed that the eformaton..thr 4d e enemot e
end that ets prodwcten or esclosu'e e cont *ary to the pubhc mete.es? ?>e pe.soes etcoas bie for tee deniat 4 e those oM.c.ais identif.ed beaow as denveg eM.C sis and the 0 *e:?:
Deveen of Mo es and Records OH.ce of Admin straten. for any dea.a's that ma, be acces.ed to tee taecwtive 0.rectoe for Ope <ations soo.
s OtNylNG OFFICIAL fifLE Of f sCE RECORO$ DEN to APPELL ATE Of fiCIAL rm E Pavs DiR6c.TC& cffG 0F Pa Rtc uS of w a -,a ps D
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SAFers;gwpJ4 rec.oRDe s PART 010- APPEAL RIGHTS The denial by each deny 6ng offssiident#ied in Part 11 C may be appeated to the Appeltate Official 6dentif.ed in that section. Any such appeal must be si writing and must be made within 30 days of receipt of this response. Appeals must be addressed as appropriate to the Executive Director fot Operations or to the Secretary of the Commession. U S. Nuclear Reg,ulatory Commission, Washington, DC 20E66 and should clearly state on the envelope and in the lettet that it is en " Appeal from e, initial FOIA Decision.
fuRC toRM *se (*m 8' U.S. NUCLEAR REGULATORY COMMIS$10N ses:
FOIA RESPONSE CONTINUATION
4 l
F0!A-86-704 APPENDIX C Records Released in Entirety and Being Placed in POR 1.
07/16/86 Letter to Eugene Lees from Kenneth Barr Re: NRC Inspection Report No. 70-1113/86-13(1page)
Attachment:
- a. NRC Inspection Report No. 70-1113/86-13(1page)
- b. Report details (2 pages) 2.
08/28/86 Letter to J. Philip Stohr from T. Preston Winslow Re:
Results of Inspection (1 page) w/ attachment (2 pages)
F0!A/86-704 APPEN01X 0 RECORDS PARTIALLY WITHHELD - EXEMPTION (4) 1.
02/21/85 Letter from Stohr to Lees Re: Report No. 70-1113/85-01 (2 pages) - Release Attachments:
- a. 02/21/85 Enclosure 1 - Notice of Violation - Portions deleted (2 pages)
- b. 02/21/85 Sumary (1 page) release w/ attached report details Report No. 70-1113/85-01 w/ attached report -
Portions deleted (4 pages) 2.
03/22/85 Letter from Vaughan to Stohr (1 page) - Release
Attachment:
- a. 03/22/85 - Portions deleted (4 pages) 3.
04/22/E5 Letter to J. Philip from Charles Vaughan Re: Report of Inspection (1 page)
Attachments:
- a. Oa/22/85 Attachment - Portions deleted (3 pages) 4.
07/26/35 Letter to J. Nelsen Grace from Charles Vaughan Re: Supplemental Response (2 pages)
Attachment:
Attachment - Portions deleted (2 pages) 5.
09/05/85 Letter to Eugene Lees from J. Philip Stohr Re: Report No.
70-1113/85-12 (1 page)
Attachment:
- a. Inspection Report No. 70-1113/85 Portions deleted (11 pages),
6.
09/23/85 Letter to Eugene Lees from Kenneth Barr Re: Report No.
70-1113/85-14(1page)
Attachment:
- a. Inspection Report No. 70-1113/85 Portions deleted (10pages) 7, 12/18/85 Letter to Eugene Lees from J. Philip Stohr Re: Report No.
70-1113/85-18(2pages)
Attachments:
a.NoticeofViolation-Portionsdeleted(1page)
- b. Inspection Report No. 70-1113/85 Portions deleted (10pages) i
APPENDIX D F01A-86-704 E.
01/15/86 Letter to Philip Stohr from T. Preston Winslow Re: Results of Inspection (1 page)
Attachment:
- a. Notice of Violation - Portions deleted (3 pages) 9.
03/04/86 Letter to Eugene Lees from Kenneth Barr Re: Report No.
70-1113/85-17 (1 page)
Attachment:
- a. Inspection Report No. 70-1113/85 Portions deleted (12 pages)
- 10. 04/10/86 Letter to Eugene Lees from Kenneth Barr Re: Report No.
70-1113/86-06 (2 pages)
Attachment:
- a. Inspection Report No. 70-1113/86 Portions deleted (5 pages)
- 11. 05/02/86 Letter to Eugene Lees from Kenneth Barr Re: Report No.
70-1113/86-07 (1 pige)
)
Attachment:
- a. Inspection Report No. 70-1113/86 Portions deleted (9pages)
":. 06/05/86 Letter to Eugene Lees from Kenneth Barr Pe: Report No.
70-1113/86-09 (2 pages)
Attachments:
- a. Notice of Violation (1 page)
- b. Inspection Report No. 70-1113/86 Portions deleted (5pages)
- 3.
06/17/86 Letter to Eugene Lees from Kenneth Barr Re: NRC Inspection Report No. 70-1113/86-11 (2 pages)
Attachment:
- a. NRC Inspection Report No. 70-1113/86 Portions deleted (8 pages)
- 14. 07/01/86 Letter to K. Barr from T. Preston Winslow Re: Results of Inspection (1page)
Attachment:
- a. Notice of Violation - Portions deleted (2 pages)
APPENDIX 0 F01A-86-704 15.
08/01/86 Letter to Eugene Lees from Kenneth Barr Re: Notice of Violation (2 pages)
Attachments:
- a. Notice of Violation - Portions deleted (3 pages)
- b. NRC Inspection Report - Portions deleted (6 pages) 16.
08/06/86 Letter to Eugene Lees from J. Philip Stohr (2 pages)
Attachments:
i
- a. Notice of Violation (1 page)
- b. NRC Inspection Report - Portions Celeted (4 pages)
- 7 08/29/86 Letter to Kenneth Barr from T. Preston Winslow Re
- Results of Inspection (1 page)
Attachment:
a.NoticeofViolation-Portionsdeleted(3pages)
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V ME.C RANDUM FOR:
Edward C. ' Shomaker, Attorney
// d5 ES Operations and Administration Division, ELD Ff Bra *diey h ones,\\ '.D G9 FRCM:
Regional Counsel q
SUBJECT:
PROPR,IETARY REVIEW OF INSPECTION REPORT 70-1113/85-12 InspectionRepoIt 70-1113/85-12 documents a special inspection conducted at the General Electric facility in Wilmington, NC on June 15, 1984.
Information documented therein is germane to issues raised in the $2.206 Petition.
The inspection report was initially withheld from public disclosure pursuant to 10 CFR 2.790(d).
As an initial step toward placing this inspection report in the Public Document Room, Region II identified the words which rendered the report withholdable under 52.790(d).
The Division of Safeguards, ONMSS, agreed with this determination.
Prior to placement of this report in the PDR, the licensee should be given the opportunity to review its contents for proprietary information (10 CFR 2.790(b)].
You indicated to E. J. McAlpine of this office that you would coordinate that review with the licensee.
A copy of the report with $2.790(d) information removed is enclosed.
fbf Ab-
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Bradley W Jones
Enclosure:
Inspection Report 70-1113/85-12 cc w/ encl:
John Collins, OIE Jim Lieberman, ELD i
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