ML20206F048
| ML20206F048 | |
| Person / Time | |
|---|---|
| Issue date: | 05/04/1999 |
| From: | Racquel Powell NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Macdonald T AFFILIATION NOT ASSIGNED, NATIONAL REFRACTORIES & MINERALS CORP. (FORMERLY |
| Shared Package | |
| ML20206F054 | List: |
| References | |
| FOIA-99-128 NUDOCS 9905050322 | |
| Download: ML20206F048 (4) | |
Text
NRC FORM 464 P.rt i U.S. NUCLEAR REGULATORY COMMISSION F'UIAWA LEsPoNsE NUMBER
~
- Q 99 128 2
RESPONSE TO FREEDOM OF h
INFORMATION ACT(FOIA)/ PRIVACY g
k**,s*/
ACT (PA) REQUEST TYPE g-AL - MAL
RESPONSE
REQUESTER DArE Therese MacDonald WAf 0 41991 PART 1. -INFORMATION RELEASED
((l No additional agency records subject to the request have been located.
}~ Requested records are available through another public distribution program. See Comments section. " APPENDICES ~- Agency records subject to the request that are identified in the listed appendices are already available for l __ public inspection and copying at the NRC Public Document Room. IAPPENDICEs~ Agency records subject to the request that are identified in the listed appendices are being made available for " ;_C public inspection and copying at the NRC Public Document Room. ~~i Enclosed is information on how you may obtain access to and the charges for copybg records located at the NRC Public Document Room,2120 L Street, NW, Washington, DC. ' APPENDICES ~ ' C, D Agency records subject to the request are enclosed. 1 y-referred to that agency (see comments section) for a disclosure determination and direct re We are continuing to process your request. See Comments. PART 1.A - FEES AMOUNT '~ ~ You will be billed by NRC for the amount listed. None. Minimum fee threshold not met. y _2]2. You will receive a refund for the amount listed. Fees waived. w"- PART 1.B -INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE {-~ No agency records subject to the request have been located. gi the reasons stated in Part II.Certain information in the requested records is being withheld from disclosure pursuant g-This determination may be appealed within 30 days by writing to the FOIA/PA Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. Clearly state on the envelope and in the letter that it is a "FOIA/PA Appeal." PART l.C COMMENTS (Use attached Comments continuation page if required) The actual fees for processing your request are: Se:rch: $ 18.00 Review: 166.43 Duplication: 88.00 TOTAL $272.43 we have already received payment from you in the amount noted above. I This completes NRC action on your request. l bl(.vNAIUNL & H DOM Of F ORMA140 I AND PHIVACY AGI Of f Ot. ,I-w2,] Russell owell 9905050322 990504 '/ PDR FOIA MACDONA99-128 PDR NRC FORM 464 Part 1 (61998) PRINTED ON RECYCLED PAPER This forrn was designed using Informs
NRC FORM 464 Part it U.S. NUCLEAR REGULATORY COMMISSION FOIA/PA DATE 5 7ESPONSE TO FREEDOM OF INFORMATION 99-128 M 0 4 1999 ACT (FOlA) / PRIVACY ACT (PA) REQUEST PART ll.A - APPLICABLE EXEMPTIONS .APPENnicES_.__ II Records subject to the request that are described in the enclosed Appendices are being withheld in their entirety or in part under J the Exemption No (s) of the PA and/or the FOIA 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. 7 Sections 141-145 of the Atomic Energy Act, which prohibits the disclosure of Restricted Data or Formerty Restricted Data (42 U S C. - 2161 2165). 1 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), wohibits the disclosure of contractor proposals in the possession and controt of an L-executive agency to any person under section 552 of Title 5, U S.C. (the FOIA), except when incorporated into the contract between the agency and the submitter of the proposal. 7 Exemption 4: The withheld information is a trade secret or commercial or financial information that is being withheld for the reason (s) indicated. -= R The information is considered to be confidential business (r try)information. The information is considered to be proprietary because it corwns a licensee's or applicant's physical protection or material 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 pursuant to 10 CFR 2.790(d)(2). Exemption 5: The withheld information consists of interagency or intraagency records that are not available through discovery dunng litigation. Applicable privileges: ~ Deliberative process: Disclosure of predecisional information would tend to inhibit the open and frank exchange of ideas essential to the . -. deliberative process Where records are withheld in their entirety, the facts are inextncably intertwined with the prececisional information. There also are no reasonably segregable factual portions because the release of the facts would permit an indirect inquiry into the predecisional procesi, of the agency. Attorney work-product privilege. (Documents prepared by an attorney in contemplation of litigation) Attomey-client privilege. (Confidential communications between an attorney and his/her client) y " Exemption 6; The withheld information is exempted from public disclosure because its disclosure would result in a clearly unwarranted invasion of personal privacy. { ~ Exemption 7: The withheld information consists of records compiled for law enforcement purposes and is being withheld for the reason (s) indicated. ~ (A) Disclosure could reasonably be expected to interfere with an enforcement proceeding (e g, it would reveal the scope, direction, and focus of enforcement efforts, and thus could possibly allow recipients to take action to shield potential wrongdoing or a violation of NRC requirements from investigators). ] (C) Disclosure would constitute an unwarranted invasion of personal privacy. - (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 investigations or prosecutions, or guioelines that could reasonably be expected to nsk circumvention of the law. (F) Disclosure could reasonably be expected to endanger the life or physical safety of an individual. ] 'O'THER (Specify) PART li.B - DENYING OFFICIALS Pursuant to 10 CFR 9.25(g),9.25(h), and/or 9.65(b) of the U.S. Nuclear Regulatory Commission regulations, it has been determined th;t the information withheld is exempt from production or disclosure, and that its production or disclosure is contrary to the public int; rest. The person responsible for the denial 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). ~ fo[ [N[ ]gggg{ - '- llTLE/ OFFICE ~ RECORDS DENIED llubert J. Miller Regional Administrator, Region I ~ ~~~ ~Appendis D ~ ~ ~ ~ ~ =+vw.i-H. asm. j-,wy ---s .%-r, v.- w ~.i--am_- ~es ---w e khpcal rnusi6e made inTriting wain ~30 days of receipt'of thisiesponse. Appeals shouid be mailed to ttie FOlhPrivacy Act Officer, ~ ~ U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, for action by the appropriate appellate official (s). You should cle rly state on the envelope and letter that it is a "FOIA/PA Appeal." NoC FORM 464 Part it (61998) PRINTED ON RECYCLED PAPER This form was designed usir g Informs
Re: FOIA-99-128 APPENDIX C RECORD BEING RELEASED IN ITS ENTIRETY (if copyrighted identify with *) HQ DATE DESCRIPTION #PAGE COUNT) 1. 09/13/76 Memo f.,m W. Martin to P. Nelson, subject: United States Steel Corporation, Fairless Hills, Pennsylvania, License No. 37-02375-15. (1 page)
Re: FOlA-99-129 APPENDlX D RECORDS BEING WITHHELD.IN PART NO. DATE DESCRIPTION #PAGE COUNT)/ EXEMPTIONS 1. 10/22/64 Letter from J. Buck to USAEC, regarding employee overexposure. (3 pages) EX. 6 2. 11/12164 Letter from L. L. Lewis to USAEC regarding Report of Radiation incident - Fairless Works. (6 pages) EX. 6 3. 12/28/64 Memo from R. Kirkman to R. G. Page, enclosing Compliance Investigation Report - The Budd Company, Instrument Division, US Steel Corporation, Personnel Exposure. (15 pages) EX. 6 [ NOTE: SOME PAGES OF THE COMPLIANCE REPORT ARE MISSING FROM NRC FILES.] 4. 9/20/76 Letter from R. E. Marteney attaching revised Fairless Works Radiation Procedures. (11 pages) EX. 6
e Michael A. Martin, Esq. pc 633 Washington Road, Pittsburgh, Pennsylvania 15228 1978 telephone 412/561-1996 facsimile 412/561-1998 February 16,1999 F0INPAREQUEST hNo: 99- /A 9 Chief, Freedom ofInformation Act lefl00'd: J -/ 9-99 Local Public Document Room Branch M @; MM U.S. Nuclear Regulatory Commission W 0898: Washington, DC 20555-0001 RE: Freedom ofInformation Act Request Anthony Buszinski v. A. P. Green Refractories, et al., No. GD98-6774 Allenheny County. Pennsylvania. Court of Common Pleas
Dear Sir or Madam:
We represent Kaiser Aluminum & Chemical Corporation, one of the defendants in the above-captioned lawsuit filed in Allegheny County, Pennsylvania. I am writing in follow-up to my telephone conversation with a member ofyour staff on February 8,1999. Pursuant to the Freedom ofInformation Act, and in connection with the above referenced litigation, we request the following information in connection with any facility of U.S. Steel in liomestead, Allegheny County, Pennsylvania: a all letters and supporting documents submitted by U.S. Steel liomestead to the Atomic Energy Commission and Nuclear Regulatory Commission to apply for, renew, and amend licenses to possess or use radioactive materials; all licenses, including those licenses' amendments and renewals, issued by the Atomic Energy Commission and the Nuclear Regulatory Commission, authorizing the possession or use of radioactive materials by USS liomestead; all records ofinspections of USS llomestead by the Atomic Energy Commission or the Nuclear Regulatory Commission; and, all records relating to AEC or NRC violations identified at the llomestead facility. I will telephone your office on Tuesday, February 23,1999, to learn if any additional information is necessary in order to process our request. Should you need to speak with me prior to that date, please telephone me at 907-451-7620. Thank you for your assistance in this matter. Very truly yours, jw HuthMN Therese MacDonald Legal Assistant -W10'l W W jp}}