ML20207M984
| ML20207M984 | |
| Person / Time | |
|---|---|
| Issue date: | 03/12/1999 |
| From: | Racquel Powell NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Post E AFFILIATION NOT ASSIGNED |
| Shared Package | |
| ML20204B103 | List: |
| References | |
| FOIA-98-341 NUDOCS 9903190336 | |
| Download: ML20207M984 (5) | |
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NRC FORh4 464 Part i U.S. NUCLEAR REGULATORY COMMISSION FOIA/PA RESPONSE NUMIER ta-men [%
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98 341 7
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g RESPONSE TO FREEDOM OF e
i INFORMATION ACT(FOIA)/ PRIVACY
RESPONSE
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ACT (PA) REQUEST TYPE REQUESTER DATE 2 00 Edda Sara Post l
PART 1. - INFORMATION RELEASED
] No additional agency records subject to the request have been located.
Requested records are available through another public distribution program. S ee Comments section.
APPENDICES Agency records subject to the request that are identified in the listed appendi ces are already available for public inspection and copying at the NRC Public Document Room.
'Q Agency records subject to the request that are identified in the listed appendi ces are being made available for APPENDICES L
public inspection and copying at the NRC Public Document Room.
j Enclosed is information on how you may obtain access to and the charges for cop ying records located at the NRC Public Document Room. 2120 L Street, NW, Washington, DC.
j FF APPENDICES I
3fj Agency records subject to the request are enclosed.
g Records subject to the request that contain information originated by or of int erest to another Federal agency have been referred to that agency (see comments section) for a disclosure determination a nd direct response to you.
Q We are continuing to process your request.
] See Comments.
1 PART l.A - FEES l] You will be billed by NRC for the amount listed.
] None. Minimum fee threshold not met.
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] You will receive a refund for the amount listed.
[ Fees waived.
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PART l.B -INFORMATION NOT LOCATED OR WITHHELt; FROM DISCLOSURE No agency records subject to the request have been located.
Q Certain information in the requested records is being withheld from disclosure pursuant to the exemptions desenbed in and for the reasons stated in Part ll.
Q This determinat' 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 tha t it is a FOIA/PA Appeal."
PART l.C COMMENTS (Use attached Comments continuation pace if reauired) 9903190336 990312
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PDR FOIA POST 98-341 PDR SIGN ATURE FALEDOM of INFoAMATioN A{ ANQ ppt!VACY ACT OFFICMI 4
[ kiissell A. Powell N/
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NRC FORM d64 Part 1 (6-1998)
PRINTED ON RECYCLED PAPER This form was -Jesigned using informs G}0.: h D $ $ v
NRC FORM 464 P rt ll U.S. NUCLEAR REGULATORY COMMISSION FOlA/PA DATE eheESPONSE TO FREEDOM OF INFORMATION MM i2 MI i
ACT (FOlA) / PRIVACY ACT (PA) REQUEST PARTll.A-APPLICABLE EXEMPTIONS Records subject to the request that are desenbed in the enclosed Appendices are being withheld in their entirety or in part under the M
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 L The withheld information is property 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.
] Sections 141 145 of the Atortic Energy Act, which prohibits the disclosure of Restr cted Data or Formerly Restncted Data (42 U.S C.
2161-2165).
] 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), prohibits the disclosure of contractor proposals in the possession and control of an 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.
Q Exemption 4-The withheld information is a trade secret or commercial or financial informat'on that is being witt held for the reason (s) indicated.
Q The information is considered to be confidential business (proprietary) informa tion.
] The information is considered to be proprietary because it concems a licensee's or applicant's physical potection or matenal 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 pu rsuant to 10 CFR 2.790(d)(2).
Q Exemption 5: The withheld information consists of interagency or intraagency records that are not available through discovery dunng litigation.
Applicable privileges:
QJ Deliberative process: Disclosure of predecisional information would tend to in hibit the o en and frank exchange of ideas essential to the deliberative process. Where records are withheld in their entirety, the facts are inextnca intertwined with the predecisional information.
u There also are no reasonably segregable factual portions because the release of the facts would permit an indirect inquiry into the predecisional process of the agency.
Attomey work-product privilege. (Documents prepared by an attorney in contemplation of litigation)
Attomey-client pnvilege. (Confidential communications between an attomey and his/her client)
Q' " Exemption 6: The withheld information is exempted from public disclosure because its disclos ure would result in a clearly unwarranted invasion of personal privacy.
O Exemption 7: The withheld information consists of records compiled for law enforcement purpo ses 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 l
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 investiga tions or prosecutions, or guidelines that could reasonably be expected to risk circumvention of the law.
U [OTHER (Specify)
(F) Disclosure could reasonably be expected to endanger the life or physical safety of an individual.
i PART ll.B - DENYING OFFICIALS Pursuant to 10 CFR 9.25 9.25(h), and/or 9.65(b) of the U.S. Nuclear Re ulat ory Commission re ulations,it has been determined that the information withh is exempt from production or disclosure, and t at its production or dis sure is contrary to the public intrrest. 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).
N5 N
l TITLE / OFFICE RECORDS DENIED DENYING OFFICIAL
! EDOJECY IG_
hmes E. Dyer Regional Administrator, Region III Appendices L & M lg l
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Appeal must be made in writing within 30 days of receipt of this response App eats should be mailed to the FOIA/ Privacy Act Officer.
U.S. Nuclear Regulatory Commission Washington, DC 20555-0001, for action by th e appropriate appellate official (s). You should clearly state on the envelope and letter that it is a "FOIA/PA Appeal."
f4RC FORM 464 Part II (6-1998)
PRINTED ON RECYCLED PAPER This form was designed using inFonns
W Re: FOlA-98-341 APPENDlX L RECORDS BEING WITHHELD IN PART License No. 34-00508-04 (INACTIVE)
M DATE DESCRIPTION /(PAGE COUNTMEXEMPTION) 1.
4/19/60 Letter from AEC to Goodyear Tire and Rubber re:
compliance inspection (12 pages) (Exemption 6) 2.
4/6/71 Letter from Goodyear Tire and Rubber to AEC re: license renewal with 1/13/71 application (29 pages) (Exemption 6) 3.
11/12/74 AEC Form 591 with inspection field notes (9 pages)
(Exemption 6) 4.
1/12/78 Letter from Goodyear Tire and Rubber to NRC with copies of emergency procedures (8 pages) (Exemption 6) 6.
5/4/81 Letter from NRC to Goodyear Tire and Rubber acknowledging receipt of renewal application with supporting documents.
(29 pages)(Exemption 6)
License Nos. 34-02054-07(INACTIVE) 6.
3/30/88 Letter from NRC to B'. F. Goodrich enclosing Amendment No. 3 - license renewal with supporting documentation (18 pages) (Exemption 6) i License Nos. 34-06686-09(INACTIVE) i 7.
9/9/85 Letter from NRC to Firestone Tire and Rubber with License No. 34-06686-09 and supporting documentation (39 pages)
(Exemption 6) 8.
9/13/90 Letter from NRC to Bridgestone/Firestone with Amendment f
No. 2 and support documentation (22 pages) (Exemption 6) i l
e e
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4 I
b License No. 34-09024-05 (INACTIVE) 9.
10/5/89 Letter from Uniroyal Goodrich to NRC reporting missing sealed sources (12 pages) (Exemption 6) 10.
10/16/89 Letter from Uniroyal Goodrich to NRC re: missing radioactive material (34 pages)(Exemption 6)
License No. 34-508-3 (INACTIVE) 11.
12/13/67 Compliance Inquiry Memorandum (9 pages) (Exemption 4) i i
9 9
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Re: FOIA-98-341 APPENDIX M RECORDS BEING WITHHELD IN THEIR ENTIRETY NO.
DATE DESCRIPTION /(PAGE COUNTVEXEMPTIONS 1.
6/8/98 Memorandum from R. Doombos to B. Berson re: analysis of information (1 page) (Ex.5) 2.
7/7/98 Review of material received (3 pages) (Ex.5) e
KAUEM &CUMB3RLAND C O.,
L. R A.
COUNSELORS AT LAW FRAMC J. CUMBERAND
- OF 00tyst STEVEN E KAUFMAN FRANK R DESANTIS JACK G DAY F00EM A BLATTER AMHfWY T.TrotA GAIL E. SME.L MICHLE G RAGLEY V4.uAM W. JACOBS EDQA SARA FOST um:mu.DMNBDG THOMAS L FBER August 28,1998 gg "8/p ""
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Aeden(R h ve L 6, gg Freedom ofinformation Act Officer Office of the ChiefInformation Officer
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US Nuclear Regulatory Comrnission Washington, DC 20555 Esledom ofInformation Act Reauest Re:
e
Dear Freedom ofInformation Act Oflicer:
We represent the Board of Lake Township Trustees in Stark County, Ohio in association with the Industrial Excess Landfill Superfund Site located in Uniontown, Lake Township, Ohio (the "IEL Superfund Site). To investigate potential sources and the nature of radioactive contamination at the IEL Superfund Sit'e on behalf of the local go'vernment of Lake Township, we request the following information:
1.
All information in the possession of the US Nuclear Regulatory Commission and its predecessor entities (NRC) related to License No. 34-00508-06 issued to Goodyear Tire and Rubber Company,142 Goodyear Boulevard, Akron, Ohio 44316 or its related or afTiliated entities. By way of example and not limitation, this request includes copies of the license application form and license and any amendments, supplements, renewals, changes and modifications to the application or permit; any and'all correspondence, or other communications between the NRC-and Goodyear Tire and Rubber Company, its predecessors, successors, related entities and affiliates; any and ~all inspection, investigation, notices of violation or other reports, internal or external memoranda, data, correspond'ence or other documents generated by the NRC in association with the nuclear and radioactive containing or contammated materials, source materials, byproductsi,~ articles containing source materials or byproducts, high and low level radioactive waste, mixed radioactive and hazardous waste, any other sources of radioactivity, materials contaminated by radioactivity or other materials and substances regulated by the NRC. now or in the past, or co-regulated by the NRC and the Environmental Protection Agency (collectively referred to as." Radioactive Material") possessed, used, stored, generated, transported, managed, purchased, sold, treated, disposed or otherwise handled by the licensee; any and all reports or other documents filed with the NRC by the licensee for Radioactive Material; any h
810707 FAX [216)6946883 TDD: (216]0946891 1500 FIPUBUC BUILDING,25 PROSPECT AVENUE WEST. CLEVELAND, OHIO 44115 1000 E#dlL: kcipa com
9 KAUFMAN&CUMBERLAND Freedom of!nformation Act Request Page 2 of 5 08/28/98 all information related to high and low level radioactive waste or mixed waste generated by the licensee; any and all information related to the use, storage, purchase, sale, generation, management, disposal or other activities re?sted to Radioactive Material by the licensee; any and all reports or other documentation or the disposition of. Radioactive Materials and sources by the licensee.
2.
Any and all information in the possession of the NRC related to the nature, possession, use, storage, management, purchase, sale, transportation, generation or tiisposal or other activities related to Radioactive Materials at or by the Goodyear Advance Technology Center, Wingfoot Lake facility, ics predecessors, successors and related entities and affiliates. This informatio 1 includes but is not limited to the types of documents discussed in #1.
3.
Any and all information in the possession of the NRC related to the nature, possession, use, storage, management, purchase, sale, transportation generation or disposal or other handling of Radioactive Materials by Goodyear Aerospace Corporation, its predecessors, successors and related entities and affiliates. This information includes but is not limited to the types of documents discussed in #1.
1 4.
Any and all information in the possession of the NRC related to the nature, possession, use, storage, management, purchase, sale, transportation, generation, or disposal or other handling of Radioactive Materials by the Firestone Tire and i
Rubber Company, its predecessors, successors and related entities and affiliates.
This information includes but is not limited to the types of documents discussed in #1.
5.
Any and all information in the possession of the NRC related to the nature, possession, use, storage, purchase, sale, management, transportation, generation _
or disposal or other handling of Radioactive Materials, by Bridgestone-Firestone Company, its predecessors, successors and related entities and affiliates. This information includes but is not limited to the types of documents discussed in #1.
6.
Any and all information in the possession of the NRC related to the nature, possession, use, storage, purchase, sale, management, transportation, generation or disposal or other handling of Radioactive Materials, by Firestone Tire and Rubber Company Akron Synthetic Plant, its predecessors, successors and related entities and affiliates. 'Ris information includes but is not limited to the types of
)
documents discussed in #1.
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7.
Any and all information in the possession of the NRC related to the nature, possession, use, storage, purchase, sale, management, transportation, generation
)
KAUFMANeCUMBERLAND Freedom ofInformation Act Request Page 3 of 5 08/28/98 i
or disposal or other handling of Radioactive Materials, by Firestone Tire and 1
Rubber Company Akron II Plant, its predecessors, successors and related entities and affiliates. This infom.ation includes but is not limited to the t$ pes of documents discussed in #1.
. ms,w.
8.
Any and all information in the possession of the NRC related to the nature, possession, use, storage, purchase, sale, management, transportation, generation or disposal or other handling ofRadioactive Materials by General Tire Company, its predecessors, successors and related entities and affiliates. This information j
includes but is not limited to the types of documents discussed in #1.
Any an' all information in the possession of the NRC related to the nature, d
9.
possession, use, storage, purchase, sale, management, transportation, generation or disposal or other handling of Radioactive Materials by B.F. Goodrich Company, its predecessors, successors and related entities and affiliates. This information includes but is not limited to the types of documents discussed in #1.
10.
Any and all information in the possest.iorr of the NRC related to the nature, i
possession, use, storage, purchase, sale, generation, transportation or disposal or other handling of Radioactive Materials by Seiberling Company, its predecessors,
- successors and related entities and affiliates. This information includes but is not limited to the types of documents discussed in #1.
I1.
Any and all information in the possession of the NRC related to the nature, possession, use, storage, generation, treatment, purchase, sale, management, transportation, disposal or other handling of Radioactive Material' by any manufacturing, defense or research and development facilities in Stark, Portage, Summit, Medina, Mahoning, Trumbull, Tuscarawas, Wayne, Holmes, Carroll,-
Columbiana Counties in Ohio from 1960 to 1980. This information includes but is not limited to the types of documents discussed in #1.
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52.
Any and all information in the possession of the NRC related to the nature, generation, transportation, treatment and disposal of high level and low level radioactive waste, mixed radioactive and hazardous waste and other Radioactive Materials by manufacturing, defense or research and development facilities in Stark, Portage, Summit, Medina, Mahoning, Trumbull, Tuscarawas, Wayne, Holmes, Carroll and Columbiana Counties in Ohio from 1960 to 1980.
13.
Any and all information in the possession of the NRC related to the nature, storage, generation, management, transportation, treatment, disposal or other handling of high and low level radioactive waste, mixed radioactive and
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E KAUFMAN&CUMBERLAND F eedom ofInformation Act Request Page 4 of 5 08/28/98 hazardous waste and other Radioactive Materials by the Ravenna Arsenal and other military facilities operated by the United States in Stark, Portage, Summit,
_ Medina, Mahoning, Trumbull, Tuscarawas, Wayne, Holmes, Carroll, Colt)nbiana Counties in the State of Ohio from 1960 to 1980. This information includes but is not limited to the types of documents listed in #1.
14.
Any and all infonnation in the possession of the NRC related to the Industrial Excess Landfill located in Uniontown, Lake Township, Stark County, Ohio. By way of example and not limitation, the information requested includes any license application forms and license to receive, treat or dispose of Radioactive Materials and any amendments, supplements, renewals, changes and modification to the application or permit; any and all records, databases, reports, memoranda, notes and any other documentation of the transportation to or disposal of Radioactive Material at the Industrial Excess Landfill from 1955 to 1980; any and all s
information identifying the persons and entities that may have transported or disposed of Radioactive Materials at the Industrial Excess Landfill; any and all documents regarding the nature add quantity of Radioactive Materials disposed of
)
or transported to the Industrial Excess Landfill; the identity of any and all persons with personal knowledge of the transportation to, receipt of or disposal of Radioactive Materials at the Industrial Excess Landfill.
15.
Any and all guidance documents, handbooks or other documents of the NRC related to the transportation and disposal of Radioactive Material from 1955 to 1980.
Request for Waiver of Fees. Pursuant to 10 CFR 69.41 the Lake Township Board of Trustees requests a waiver of fees for searching for, reviewing and duplicating any agency records. This request for information is not made for commercial purposes, but-rather, to gather facts necessary to ensure that the health and safety of the citizens of Lake Township is protected. The Board of Township Trustees has received reports of night dumping of wastes from rubber company trucks placarded with radioactivity sig~ns at the Industrial Excess Landfill Superfund Site. Groundwater samples indicate that high levels of radioactivity exist at various poir.ts of the Superfund Site. The Board of Township Trustees seeks the requested information to investigate the reports of dumping, determine what pople and entities may have had Radioactive Materials in their possession in the area served by the Industrial Excess Landfill and document the proper disposal of known Radioactive Materials. Further, without more detailed infonnation regarding the type of Radioactive Material that was dumped, a proper investigation and re'medy of the Industrial Excess Landfill may not be designed,
KAUFMAN&CUMBERLAND r
Freedom ofInformation Act Request i
Page 5 of 5 1
08/28/98 y
Our firm will review the information received from the NRC to identify the persons and entities that had Radioactive Materials in their possession and potentially dispqped of Radioactive Material or mixed waste at the Site. The Township.is currently iseking Technical Assistance under the EPA's TOSC program from the Hazardous Materials Research Center at Michigan State University. Technical information may.be forwarded to the Center for review. Much public concem has been expressed over this issue for many years. To date, despite citizens' requests, the EPA has not investigated it. Once j
the Board of Township Trustees and their representatives complete their review of the dJa and c6mmunicated its findings to the EPA and the public, public access to the inic rmation will be provided; however, the cost to copy the information may be charged to uefray the Township's administrative expenses.
The disclosure of the information in the NRC's records is not in the commercial interest i
of the Lake Township Board of Trustees. Further, the disclosure of the information is in l
the public interest because it is likely to contribute significantly to public understanding of the regulation and control of Radioactive Material and radioactive waste by the NRC i
and identify potential sources and types of radioactive contamination that may have been disposed at the Industrial Excess Landfill Superfund' Site. Such information will enable i
j the EPA and the PRPs to design a proper investigation and remedy of the Site.
Accordingly, pursuant to 10 CFR $9.41(c) and (d), the NRC should waive the fees for this information request.
i If you have any questions or require any additional information to process this request, i
please feel free to contact me at the telephone number listed above.
Very truly yours, 4
Q c
Edda Sara Post l
ESP /jmp cc:
David Herbert, Esq.
j' Frank J Cumberland, Esq.
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1 April 19, 1960 1
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information in nis record 'ns &lete in accordance niy,y ggag yf[NS-Dr. S. D. Gehman Resoamh Division b
Ooodyear Tim and_Rahbor Go._
Akron 16, Chic
Dear Dr. Gehman:
You ::.ay recall that in Ma8h 1956 a representative of this office made an inspection of your licensed satorial programs.
Mr. John A. Finn of agr staff will be in your locality the week of April ?$, during which time I would like him to visit with you and the members of your organisation concerned with the work undar the following licenses:
SC Y 3k-3h-503-7 3h-50 3h-503-8 3h-503-3h-503-9 3h-503-6 c-h103 Mr. Finn will telephone to arrange for an appointment upon his ar-rival in Akron.
He may be accompanied by a representative of the Ohio Department of Health during his visit.
Very truly yours, Roy C. Hageman, DLrector Inspection Division 00: Dr. T. F. Wancheo Ohio rept. of Health W
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7 <vry Ortendahl/dac B eket't Hageman h-19-60 h-19-60 DATE >
Form AEC-818 (Rev. H3)
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