ML20207D174
| ML20207D174 | |
| Person / Time | |
|---|---|
| Site: | 05000142 |
| Issue date: | 07/18/1988 |
| From: | Grimsley D NRC |
| To: | Aftergood S COMMITTEE TO BRIDGE THE GAP |
| Shared Package | |
| ML20207D179 | List: |
| References | |
| FOIA-85-196 NUDOCS 8808150280 | |
| Download: ML20207D174 (3) | |
Text
j S NUCLEAR REGyLATORY COMMISSION wc so a armisGets s
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%, . ,/ INFORMATION ACT (FOIA) REQUEST
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REQt Esit e Mr. Steven Aftergood PART l.-RECOPDS RELE ASED OR NOT LOCATED (See checaed bonest No agency records subiect to the roou:ist have been located.
No add. tor 31 ageNy records suthect to We request have been located Agency records submt to the request tha: are i6entif ed in Appendis . __._ a.re already asadable for public .rSpection and copeng a the N RC P ASc Docuwe Acom, 1717 H Street. N W., WasNngton, DC Agency records subject to the request tnt are cantif ed m ApCendru . _ _ _ are berg made avadable for putiic especton and cooveg m tee NRC Pubhc Document Roorn,1717 H Street. N W , WasNngton. DC art a folder under this F01A ** umber ard req uester t'ame The not propretary sersion of the proposaus) that you agraed to accect m a te!ephone conversation with a rnember of my staM rs now being made avadabte for pubbe mspecton and coving at tre NRC Pubhc Docurrent Room.1717 H Street. N W , Wasbegion DC. ,n a foMer under tPas FOIA nurrber and reauester name Enclosed es information on Pow you may obta,n access to and the charges for copying records placef m the NRC Pubhc Document Room.1717 H Street. N W.. Waso.ngton DC.
Agency records sub;ect to tre request are enclosed. Aay appbcable charge for copies of the records provided and payment procedures are noted in the comments secton.
Records suor ect to the request have bee, re8 erred to a70ther Federal agencypest for review and trect sespoe'se to you in view of NRC's response to tNs request. no further action es being taken on appea6 letter dated PART it. A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Certam informaton in the recuested records is tmma wnnneid from public disclosu re pursuar't to the FOtA esemptions described m and for the reasons stated in Part II, sec-tions 8. C, and D Any released portions of the doeurnents for which only part of tN record is being witFbeid are bemg made avadable for putSc iriscecton and copymg in
)( the NRC Public Document Room,1717 H Street, N.W., WasNrigton. DC, e a fokter under tNs FOIA nunter and requester name a
Comments pp 88081)[S~1N
$hERGOB SiG E. D'atCTCn Dn .S aso etConOS
. iONd084 NRC FORM 464 M n J a6
- - - _ - _ _ _ _ = _ _ . . _ _ _ _ . __
FZEEDOM OF INFORMATION ACT RESPONSE FOIA NUMBERISL 85-196 DATE:
FAMT 14 B. APitl CABLE FOIA EXEWTIONS
}(ll 1 8 lh88 Rxords subject to the request that are described in the enclosed Appendices G ._ ,,, 3,;ng ,;,nn,io ;n in ,, on,;,,,y ,, ,n p ,, uno,, poi, Exemptions and for the reasons set forth below pursuant to 5 U.S.C. 552(b) and 10 CFR 9.5(al of NRC Regulations.
- 1. The ethheld iriformaton rs property Classied pursuant to Etecutive Order 12356 IEXEMPTION 11
- 2. The wthheld informaton relates solely to the intemal personeet rules and procedures of NRC. tEXEMPTION 21 3 The wthheld mformation is specifcally enempted from public disclosure by statute edicated. iEXEMPTION 31 Secten 141 145of the Atomic Erwrgy Act which prohibits the disclosure of Restrcted Data or Forenerfy Restncted Data (42 UAC. 216121651.
Secton 147 of the Atom c Energy Act which prohtets the drsclosure of Unclassified Safeguards informaton (42 U S.C. 2167).
- 4. The withheid mformation as a trade secret or comenercial or financial informaton that s be+r'g wthheid for the reason (s) indicated (EXEMPTION 41 K
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X The informaton a cons dered to be propnetary eformaton pursuant to 10 CFR 2.790(dMI).
The informaton was submitted and received in contdence trom a .oreign source pursuant to 10 CFR 2.790 ton 21.
- 5. The wthheld informaton consists of interagency or entraagency records that are not available through d scovery dtsmg litigaton. Osclosure of predecisonal mformaton would tend to inhibit the open and frank enchange of ideas essental to the debberative process. Where records are wthheld in their entirety, the facts are mentncably mtertwmed wth the predecisonal mformaton. There also are no reasonabiv segregable factual portons because the release of the facts would permit an moirect enquiry into tne predecisional process of the agency. (EXEMPitON h r
- 6. The wthheld information es esempted from pubhc disclosure because its disclosure would result in a cleart; unwarranted invasion of pe sonal pnvacy. tEXEMPTION 64
- 7. The withheld information consists of investgatory records comoded for law enforcement purposes and is being withheld for the reason (s) indicated. (EXEMPTION 71 Disclosure would interfere wth an eriforcement proceedeg because it could reveal the scope, directon, and focus of enforcement efforts. and thus could posssbry allow them to talie action to shield potential wrongdomg or a volaton of NRC requirements from evestigators. IEXEMPTION 7( All l
l Drsclosure would constitute an unwarranted invason of personal pnvecy (EXEMPTION 7(C1)
The information cons 4sts of names of indivduals and other informaton the esciosure of whch would reveal identeties of contdental sources. IEXEMPTION 7401)
PART 11 C-DENYING OFFICIALS I
Pursuant to 10 CFR 9 9 and 'or 915 of the U S. Nuclear Regulatory Commssion regulatons, it has been determaned that the eformaton wnhheld s esempt from producten or disclosu re, and that its producten or disclosu re is contrary to the pubbc interest. The persons responsible for tPe densat are those otheials dentdied below as denying officists and the Director.
Orvarson of Rules and Records Office of Admmistraton, for any denials that may be appealed to the tuecutive Director for Operations isooi.
CENylNG OFFICIAL TITLE OFFICE RECORDS DENIED l APPELLATE OFFICIAL 3 sECA(TARY Eoo Dr. Thomas E. Murley Director, Office of App. G X auciear neactor Regulation i
PART li D- APPEAL RIGHTS The denial by each denying off6cial identified in Part II.C may be appealed to the Appeltate Officialidentified in that section. Any such appeal must be in wnting and must be made within 30 days of rece;pt of this response. Appeals must be addressed as appropriate to the Executwe Director for Operations or to the Secretary of the Commission, 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 FOIA Decision."
Nac Foau see ipsri 21 U.S. NUCLEAR REGULATORY COMMISSION
- FOIA RESPONSE CONTINUATION
1 Re: FOIA.85-196 APPENDIX G RECORDS PARTIALLY WITHHELD NUMBER DATE DESCRIPTION & EXEMPTION
- 1. 3/10/80 Letter to Robert W. Reid from W.'F. Wegst, (1 page)
PDR #8003180279,with attachment: Physical Security Plan for the Protection of Special Nuclear Material of Moderate Strategic Significance, dtd. 3/80, (41 pages)-
Exemption 4
-2. 2/20/81 _ Letter to Robert W. Reid from Ivan Catton, (1 page)
POR #8103060326 with attachment: Proposed pages of Amendment #2, d,td. 2/81, (10 pages) - Exemption 4
- 3. 8/10/82 Letter to Hal Bernard from Charles E. Ashbaugh, (1 page)
POR #8208190160,with attachment: Proposed pages of Amendment #5, dtd. 8/82, (5 pages) - Exemption 4
- 4. 8/4/83 Letter to Hal Bernard from Charles E. Ashbaugh, (1 page)
Release,with attachment: Proposed pages of Amendment #6, dtd. 8/83, (2 pages) - Exemption 4 p
- 5. 7/10/84 Letter to Cecil 0. Thomas from Charles E. Ashbaugh, Proposed pages of (1page)
AmendmentRelease
- 7, d$withattachment:
- d. 7/84, (14 pages) - Exemption 4-
- 6. 10/18/84 Letter to Cecil 0. Thomas from Charles E. Ashbaugh, (1 page) Release with attachment: Proposed pages of Amendment #8,dtd.10/84,(14 pages) - Exemption 4
- 7. 11/13/84 Letter to Harold Denton from Walter F. Wegst, (1 page)
POR #8411210245,with attachment: Proposed pages of Amendment #8, dtd. 10/84, (14 pages) - Exemption 4 t
1 l __
- COMMITTEE TO BRIDGE THE GAP i i
' 1637 BUTLER AVENUE v203 LOS ANGELES, CAUFORNIA 90025 (213) 478 4 829 mrch 21, 1985 Director Office of Administration Division of Rules and Records U.S. Nuclear Regulatory Ccmaission ppp%
Washington, D.C. 20555 BY EXPRESS
- OF INFORMATK)N M REQUEST
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Fora-sen %
DeaI Sir:
Pursuant to the Freedom of Information Act, as amended, I Mreby request the following records and documents regarding the UCLA reactor facility, Docket 50-142, and the Special Nuclear Material formerly possessed pursuant to Pacility License R-71:
(1) 'Ihe security plan as submitted to NPC in 1980.
(2) All subsequent amerd rents thereto.
(3) All prior security plans for the UCIA reactor facility, ard all amendments thereto, from 1959 cn.
(4) All security inspection reports for the UCIA reactor facility, incluaing notices of violation, and response.s thereto, frcm 1959 cn.
(5) All correspondence between UCIA and the AEC/NRC, and between the AEC/NRC and UCIA,1959 to the present, dealing with the security plans or amendments, occurrences at the facility of a security interest, or any other matter associated with the security of the UCIA reactor and/or its Special Nuclear h terial.
(6) All transcripts, correspondence, pleadings, Bcard Memoranda and Orders, written testimcny, affidavits, and other documents generated in or associated with the UCLA reactor relicensing proceeding which were not released to the Public Document Room because they allegedly ccntained information related to the security of the UCIA reactor and its SNM.
(7) Any other documents or records not included in items (1) through (6) related to Docket 50-142 from 1959 to the present tMt were not released to the Public Document Rocm because they allegedly contained safeguards or security inforTnation.
(8) Memoranda, correspondence, or other documents or records generated by Hal Bernard or Colleen P. Wocdhead since June 1984 discussing response to any request by UCIA for return or restriction of release of documents associated with the UCIA reactor or its Special Nuclear Material formerly classified as containing Safeguards Information. This shall include, but not be limited to, any request by Hal Bernard or Colleen P. Woodhead to other NRC Staff perscnnel or offices for return of UCIA former safeguards dccuments such as security plan and amendT. ents.
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(9) Memoranda, correspondence, or other documents or records generated by other NRC personnel than Hal Bernard or Colleen P. Woodhead on the subject identified in (8) dove, mis shall include responses by NRC personnel to any such memoranda, correspcndence, or otMr documents or i records.
(10) Memoranda, correspondence, or other documents or records not included in (8) or (9) abcue discussing the post-June 1984 status of the UCLA security plan, amendments thereto, and other UCIA documents in possession of NRC that were fcrmerly categorized as not releasable to the public because they contained Safeguards Information. Wese documents or records to include, but not be limited to, items that address the issue of releasability of former safeguards information coce the SEncial Nuclear Material that was being safeguarded Ms been removed from the site in question and the NRC-approved security plan and associated safeguards information protection requirements no 1coger apply.
(11) Documents or records not included in respcnse to items (8), (9) or (10) but discussing matters surrounding these issues.
mis request includes all agency records as defined in 10 CFR 9.3a(b) and the NRC Manual, Appendix 0211, Parts 1.A.2 and A.3 (approved Octol.er 8, 1980) whether they exist currently in the NRC official, "working,"
investigative or other files, or at any other locaticn.
We last four categories of records requested aboce should represent, amcng other items, all documents and records in the agency's possession as of receipt of this request that discuss response to UCIXs request of January 16, 1985, for return or restricticn of its former (most recent) security plan and amendments thereto, as well as all other documents and records discussing the status of releasability of UCLA documents formerly categorized as containing Safeguards Information now that the Special Nuclear Material has been removed and the facility is ccnsidered by UCIA and the NRC Staff to no lcoger be recpired to have an NRC-approved security plan nor ccrnply with Part 73 requ:.rements.
We first seven categories of dcruments should represent all dccuments and records possessed by the NRC as of the date of receipt of this FOIA request related to Docket 50-142 and License R-71 which have not previously been included in the public docket because they were alleged at the time to contain informaticn properly categorized as safeguards information or otherwise discussing security matters. Because of UCIXs decision to permanently cloce down and dismantle its reactor facility, and because all reactor fuel has been reported by UCIA to have been removed from the site, these documents are no longer properly categorized as containing safeguanis informaticn and should te released, as required by 10 CFR 73.21(i).
10 CFR 73.21(i) (Removal from Safeguards Informaticn Category) requires that:
Documents originally containing Safeguards Infortratico shall be removed from the Safeguards Information category whenever the inforTnatico no longer meets the criteria contained in this secticn.
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Section 73.21 of Title 10 of the Code of Federal Regulations provides the criteria by which the NRC may properly restrict distribution of unclassified safeguards information. 'Ihose criteria are tMt the information related to physical protection of licensees can and should be restricted from public release if the licensee (1) possesses a formula ciuantity of strategic special nuclear material, (2) is autMrized to operate a nuclear power reactor, or (3) transports, or delivers to a carrier for transport, a formula quantity of strategic special nuclear material or more than 100 grams of irradiated reactor fuel.
The documents in question are no longer properly protectable from release because none of the three criteria specified in the regulaticn are met. (1) DCLA no 1cnger possesses any fuel. (2) UCLA was a research, not power reactor, and in any event, is no longer authorized to operate the research reactor, its license having been amended to a possession only status. (3) All irradiated fuel has already been transported off-site, 10 CFR 73.21 provides the criteria by which security information can be properly prohibited from public release. Section (i) of tMt regulaticn requires that documents originally containing Safeguards Information must be removed from the category of information requiring protection "whenever" the informatico no lcnger meets the criteria contained in 10 CFR 73.21. 'Ihe information in questico, dealing with past (in some cases, 25 years past) security for Special Nuclear Material no lcoger on site and former P plans which UCLA itself says NRC regulaticns no longer require, no longer meets any of the 73.21 criteria and therefore must be removed from the protected category and made releasable.
Whereas the documents in question may once have been protectable from disclosure under 73.21 (and, before the promulgation et that regulaticn, 10 CFR 2.790) because they assertedly contained Safeguards Information, that is no longer the case. (Please note that even 2.790(d), unchr which some of the material was previously categorized, no longer applies, because it cnly deals with documents containing informatico, not otherwise categorized as Safeguards Information, related to the physical protecticn of Special Nuclear Material, which UCLA no longer possesses.) With the decision to close the facility and the off-shipment of the SNM-i.e., the nuclear material the NRC is mandated to protect--the original basis, and the only relevant legal NRC authority for restraining release of the material (now almost entirely historical) has vanished.
CBG requests that fees be waived, because the "information can be ccnsidered as primarily benefitting the general public," 5 U.S.C. 552 (a)(4)(a). CIn is a ncn-profit, nonpartisan public interest organization ecocerned with safeguards matters related to ncopower reactors and with appropriate conduct of NRC and licensee employees in proceedings before the NRC, as well as being party to the on going UCIA reactor proceeding (no termination order has yet issued) and petitioner for leave to intervene in the UCLA dismntiment proceeding.
Pursuant M the requirements of the Freedom o,_ff Information Act ard g practice and procedure of the NRC M carrying out its obligations under_
FOIA 1 CBG requests _thg no documents related g this request M possesSigi of the NRC as of the date of receipt of this request be destroyed or transferred from the custcdy--- o_f f the NlR until final resolution of, Uiis 3
4 request, including any appeal that mad result therefrom, and that the NIA office promptly so inform NRC staff personnel who may be currently in possession of dccuments related to this request. By copy of this letter, we are informing Colleen P. Wcodhead, Hal Bermrd, Joseph Gray, Harold Denton, Cecil Thomas, and the Director of OIA that the above dccaments are subject of an active mIA request and that destniction or transfer of any of them from NRC custody is therefore prohibited until the NIA request is finally resolved. Please make your own notification to all relevant offices and individuals as scen as possible.
Some of the documents identified in this request are, we believe, subject of a previous mIA request submitted by CBG last year for all documents associated with an investigation by the Office of Inspector Auditor into allegaticns of misconduct made by the Atomic Safety and Licensing Board with respect to certain NRC employees. In particular, the security plan ard some of the inspection reports for UCIA were specifically identified by the ASIB in its February 24, 1984 Memorardum and Order making the charges of misconduct and are, we believe, likely to be part of the OIA investigatory file subject to our earlier request. Any destruction or transfer of custody of these docurrents pending final resolution of that earlier mIA request would likewise violate agency obligations under MIA (see, e.g.,
the Apolegate case). We renew our inquiry as to the long-delayed response to that previous MIA submission.
P Should any of the documents identified in this MIA request, or '
associated with it but identified previously in the earlier MIA request related to the OIA investigaticn, have been destroyed or transferred from NRC custody, we request full description of the Circumstances surrounding the removal, transfer, or destruction of the requested records, including the identity of all individuals involved, and the relevant dates.
The above dccuments are currently subject of settlement negotiaticns among the parties to the UCIA proceeding, the results of which may affect matters related to this request.
Please promptly take the necessary steps to assure that the dccuments in question are neither destroyed nor removed from NRC custody while respcnse to these mIA requests are being processed (or,in the unlikely event thaIany portions o_f these dccuments are not provided despite their no longer containing protectable Safeguards Information, until all appeals haw been exhausted. )
Sincerely, Steven Aftergocd D<ecutive Director g cc: H. Denton*
! C. Thcmas*
i H. Bernard
- l C. Wocdhead*
J. Gray
- Director, OIA*
W. Connier (LGA) i 4
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Director of Nuclear Reactor Regulation U.S. Nuclear Regulatcry Cc mission Wasningten, D.C. 20555 ARENTION: Rcter W. Reid, Chief Operating Reacters Branch da Divisien of 0:erating Reactor Docket 50-142
Dear Mr. Reid:
Due to recent events, the Physical Security Plan For The Protection of Special Nuclear Material Of Moderate Stratecic Significance is submitted to the U.S. Nuclear Regulatory Comission as Appendix VII of our relicensing application. The March 1980 Security Plan sucercedes all previous security P information. (n addition, the entire Nuclear Energy Laboratory will have been re-keyed by April 30, 1980, i
We hope that this Physical Security Plan meets with your approval.
Sincerely, l
W. F. Wegst, Director l Research and Occuoational Safety cc: John Evraets, Radiation Safety Officer John Barber, Chief, Camous Comunity Safety Charles Ashbaugh, Laceratory Security Officer Ivan Catton, Director, Nuclear Energy Laboratory ene: 6 cocies of the Physical Security Plan Fcr The Protection of Special Nuclear Material of Moderate Strategic Significance, and one each tc Mr. Evraets Chief Barter and Mr. Ashoaugn.
WFW/jb 1
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COPY SENT RE..,u... b :
gf q Information in this record was deleted re-. tra o ta : v wo a A e u in accordance with the Freedom of !nformation rv o : m ow >== =
Act, excmptions Wa FOIA. F4 - /94 ~'
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