ML20206A702
| ML20206A702 | |
| Person / Time | |
|---|---|
| Issue date: | 04/06/1987 |
| From: | Grimsley D NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Rader R CONNER & WETTERHAHN |
| Shared Package | |
| ML20206A706 | List: |
| References | |
| FOIA-87-47 SECY-86-373, NUDOCS 8704080141 | |
| Download: ML20206A702 (5) | |
Text
p U.S. NUCLEAR CEIULATORY COMMISSi!N
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INFORMATION ACT (FOlA) REQUEST gg g
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DOCKET NUM6ER.5) ur appeceael REQUESTER Robert Rader PART 1.-RECORDS RELEASE ~ OR NOT LOCATED (See checked bones)
J No agency records subject to the request have been located.
No additonal agency records subsect to the request have been located.
Agency records subsect to the request that are identdied in Appendix are already available for public inspecten and copying in the NRC Public Document Room, 1717 H Street, N.W., Washington, DC.
Agency records sub.Et to the request that are identifed in Appendia N are being made available for public inspecten and copying in the NRC Public Document X
Room,1717 H Stre t, N.W., Washington, DC, in a folder under this FOIA number and requester name.
The nonpropnetarv,rsion of the proposal (s) that you agreed to accept in a telephone conversaten vnth a member of my staff is now being made avalable for public inspecten and coying at the. RC Publec Document Room,1717 H Street, N W, Washington, DC, in a folder under this FOIA number and requester name.
Enclosed is informaton on how you may obtain access to and *be charges for copying records placed in the NRC Public Document Room,1717 H Street, N.W., Washington, DC.
Agency records subject to the request are enclosed. Any applicable charge for copes of the records provided and payment procedures are noted in the comments section, X
Records subsect to the request have been referred to another Federal agency 6est for revew and direct response to you.
In view of NRC's response to this request, no further acten is being taken on appeal letter dated PART ll.A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Certawi informaton in the requested records is being withheld from public disclosure pursuant to the FOIA exemptions desenbed in and for the reasons stated in Part it, sec-X tions B. C, and D. Any released portens of the documents for which only part of the record is being withheld are bewig made available for public inspection and copying in the NRC Public Docurnent Room,1717 H Street, N.W., Washington, DC, in a folder under this FOIA number and requester name.
Comments 87040e0141 870406 PDR FOIA RADER87-47 PDR SIGN DIRECT,OR, Ona OF RUL 0 RECORD i
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FREEDOM OF INFORMATION ACT CESPONSE FOIA NUVBEriSi. 87-47 DATE: gg6 W
- p PART ll.N-APPLICA. LE FOIA EXEMPTIONS 1
Records subject to the request that are desenbed in the enclosed Appendices G&H are being withheld in their retirety or in part under FOIA Exemptions and for the reasons set forth below pursuant to 5 U.S.C. 552(b) and 10 CFR 9.5(a) of NRC Regulations.
- 1. The wthhead information is property classefed pursuant to Executive Order 12356 (EXEMPTION 1)
- 2. The withheld informaten relates solely to the intemal personnel rules and procedures of NRC. sEXEMPTION 2)
- 3. The wthheld informacon is specifcally exempted from public desclosure by statute indsated: (EXEMPTION 3)
Secten 141145 of the Atome Energy Act which prohibits the disclosure of Restrcted Data'or Formetty Restnctec Data (42 U.S.C. 2161-2165).
Section 147 of the Atome Energy Act which prohitnts the disclosure of Unclassified Safeguards % formation (42 U S.C. 2167).
- 4. The wthheld information is a trade secret or commercel or financial informaton that is being withheld for the reasons) indcated: (EXEMPTION 4)
The informaten is considered to be confidential business (proprietaryl informate The informaton is connidered to be proprietary information pursuant to 10 CFR 2.790tdH1).
, The informaton was st.btrutted and recrived in confidence from a foreign source pursuant to 10 CFR 2.790(c6 1
- 5. The wthheld information consists of interagency or intraagency records that are not available through discovery duneg htigaton Declosure of predecisional informat ca would tend to inhibit the coen and kann enchange of ideas essential to the deliberative process. Where records are withhe6d in their entirety, the facts are inextricab%
inter
- ruis,.twned wth the prederas;o.ns:irdoste.tica. The.re also are no reasonabtagency. (EXEMPTlONhsegregable factual portons because the reiease of the fa X
ci.nouiry into in. predee.:ai p.oc ss of ih
- 6. The wthheld informaton is exempted from public disclosure because its disclosure would resutt in a dea tv urwarraced invasion of personal privacy. (EXEMPTION 5 T The wthheld informaton consists of invengstory records Compded for law enforc'ement purposes art 1 is being wtheedd for the reasonM indicated. (EXEMPTION 7)
-m Disclosure would interfere wth an enforcement proceeding because et could reveal the scope drecten, and tocus of enfon:ement e forts and thus could posssb'y allow them to take acten to shold potential wrongdoing or a violation of NRC recunsments from investgators. (EXEMPT!ON 7(AH s
Declosure would constitute an unwarramed invasen of personal privacy (EXEMPTICN 7(CH The informaton consists of names of individuals and other informat on the disclosure of whch would s94al identnes of confidential sources. (EXEMPTION 7(DH i
PART al C-DENYING OFFICIALS Pursuant to 10 CFR 9 9 and/or 9.15 of the U S. luclear Regulatory Commason regulatens. it has been determined that the infor*aton wthheld is exempt from producten or discimre.
and that its production or declosuie is contrary to the public interest. The persons responsible for the denial are those offices identifed below as denying officials and the Direc or.
Davisen of Rules and Records, Offee of Adminstratson, for any denials that may be appeae:t to the Esecutive Director for CoerationsIEDOL DENylNG OFFICIAL TITLE / OFFICE RECORDS DENIED APPELLATd OFFICIAL John C. Hoyle Assistant Secretary Of G2 the Commission H12 X
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l PART 11 D-APPEAL RIGHTS The denial by each denying official identifnd in Part II.C may be appealed to the Appellate Official identified in that section. Any such appeal must be in writing and must be made within 30 days of receipt of this response. Appeals must be addressed as appropriate to the Executive Director for Operations or to the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555, and should clearfy state on the envelope and in the letter that it is an " Appeal from an initial FOfA Decesson "
senc Fonas ese (Pert 2 U.S. NUCLEAR REGULATORY COMMISSION
- es FOIA RESPONSE CONTINUATION
Appendix F (Released)
. 1.
11/10/86 Letter to James Thompson from Lando Zech (5 pages) 2.
12/10/86 Memorandum for Victor Stello from G. Wayne Kerr,
Subject:
Proposed Section 274 Agreement with Illinois (1 page) 3.
12/29/86 Memorandum for Victor Stello from Samuel Chilk
Subject:
SECY-86-373 (1 page) i
J;'i F0IA-87-47 Appendix G (Withheld in Part) 1.
12/17/86 SECY-86-373 Memorandum for the Commissioners from Victor Stello,
Subject:
Proposed Agreement with the State of Illinois (Released)(4 pages) 2.
November 6,1986 Enclosure 1 to SECY-86-373 Memorandum for Lando Zech from William Parler_ (Withheld Entirety Exemption 5) (3 pages)
- 3. to SECY-86-373 (Referred to DOE for direct response to requester) 4.
12/3/86 Enclosure 3 to SECY-86-373 Letter to G. Wayne Kerr from Terry Lash (Release) (2 pages)
FOIA-87-47
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Appendix H (Withheld Entirety) 1.
10/31/86 Memorandum for William Parler from Lando Zech, Jr.,
Subject:
Transfer of Allied Chemical to the State of Illinois (1 page) 2.
Draft SECY Paper, Memorandum for the Commissioners from Victor Stello,
Subject:
" Proposed Agreement with the State of Illinois (5 pages) i 4
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CON N E R & W ETTER H A H N. P.C.
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M ARK J. WETTENHAMN MOBERT M.RADER MILS] NICHOLS nEmunAno January 15, 1987 OFCCstJNSEL
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- ? W FREEDO.V CF INFORMATION ACT REQUEST fth,Cww.4 0 ';,iL.7;447;CN ACT REQUEST Mrs. Patricia G. Norry Director h
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Office of Administration gg U.S. Nuclear Regulatcry Commission Washington, D.C.
20555
Dear Mrs. Norry:
Pursuant to 10 C.F.R. Part 9 and 5 U.S.C.
- S552, I
hereby request that the following category of documents be provided to me on behalf of my firm's client, US Ecology, Inc.:
All documents relating to the proposal by the State of Illinois for Agreement State status under Section 274 of the Atomic Energy Act of 1954, a_s, amended,
s 42 U.S.C. S2021.
This request includes all pertinent documents within the custody of the NRC, whether or not submitted by the State of Illinois, its officers, employees, consultants, contractors or
- agents, and includes those prepared or reviewed by the NRC, its officers, employees, consultants, contractors or agents.
This request excludes all documents previously made available in response to FOIA 86-247 and pursuant to the Commission's notice of proposed Agreement in 51 Fed. Reg. 47327 (December 31, 1986), except drafts of such documents or copies with notations or otherwise different than the original.
I agree to pay all reasonable fees necessary for the provision of these records pursuant to 10 C.F.R. 59.14.
I D A J g G V j.,l.-- J -
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Mrs. Patricia G. Norry-Jcnucry 15, 1987
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' Page 2 further request that the NRC expedite its consideration ~ of its initial determination pursuant to 10 C.F.R. 59.9 because any delay in the receipt of-the requested documents will prejudice US Ecology in the proceeding pending before the At on.ic Safety end Licensing Board in Dc ket No.
??-39 SC relating to the Sheffield, Illinois low-level radioactive waste disposal site.
Sincerely, Robert M.
Fader RMR:sdd I
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