ML20207N446

Final Response to FOIA Request.Documents Listed in App E Re Facility Encl.Info Partially Withheld (Ref FOIA Exemption 4)

ML20207N446
Person / Time
Site:	07001193, 07001739
Issue date:	01/09/1987
From:	Grimsley D NRC OFFICE OF ADMINISTRATION (ADM)
To:	Cantrell R AFFILIATION NOT ASSIGNED
Shared Package
ML20207N448	List: ML20207N446 ML20207N473 ML20207N508 ML20207N532 ML20207N564 ML20207N577 ML20207N591 ML20207N602 ML20207N625 ML20207N635
References
FOIA-86-281 NUDOCS 8701140223
Download: ML20207N446 (2)

Text

U.S. NUCLEAR RECULATORY CtMMISSION Nac Fou r Eoutsi NuviE:cs j[ ~%h, i

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PART 1.-RECORDS RELEASED OR NOT LOCATED (See checked bones)

No agency records subrect to the request have been located.

No additonal agency records subsect to the request have been located.

Agency records subrect to the request that are identified in Appenden are already available for public mspection and copying m the NRC Public Document Room, 1717 H Street, N.W., Washmgton, DC.

Agency records subject to the request that are identified in Appendia

[ are being made available for public inspecton and copymg in the NRC Public Document Room,1717 H Street, N.W., Washington. DC. in a tolder under this FOIA number and requester name.

The nonpropretsey version of the proposallsi that you agreed to accept m a telephone conversation with a member of my statt is now being made avalsbie for public inspector' and coying at the NRC Public Document Room,1717 H Street. N W., Washmgton, DC, in a folder under the FOIA number and requester name.

Enclosed e information on how you may obtain access to and the charges for copying records placed in the NRC Public Document Room,1717 H Street. N.W., Washmgton Agency records subsect to the request are enclosed. Any applicable charge for copes of the records prov*ded and payment procedures are noted in the comments section.

T.ecords subiect to the request have been referred to another Federal agericyties) for review and direct response to you in view of NRC's response to this request no further action is being taken on appeal letter dated PART ll.A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Cenain information in the requested records is beeng wethheld from pubisc disclosure pursuarit to the FOIA esemptons desenbed in and for the reasons stated inr Po t II, sec-tions B. C. and D. Any released portons of the documents for which ordy part of the record is being withheld are being made available for public inspection and copying in the NRC Public Document Room.1717 H Street. N.W., Washmgton, DC, in a folder under tnis FOIA number ano requester rame.

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PA".T 118- APPLICABLE FILA EXEMPTIONS ~~#

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J Records subject to the request that are descnbed in the ericlosed Appendices are being withheld ir their entirety or in part under FOIA Eaernptions 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 wthheld eformation is properfy classrfied pursuant to Enocutive Order 12356 IEXEMPTION 11

2. The ethheld informaton relates solely to the mtemal personnel rules and procedures of NRC. (EXEMPTION 2)

3. The wthheld informaton is specifically exempted from publec disclosure by statute indicated: (EXEMPTION 31 Secton 141-145 of the Atomic Energy Act which prohbts the disclosure of Restrcted Data or Formerly Restncted Data 142 U.S C. 216121651 Section 147 of the Atomic Ere gy Act whch prohbts the disclosure of Unciassifed Safegua os Irdormaron (42 U.S C. 2167L

4. The withheld information is a trade secret or commercial or finar<ial informaron that is being wthheld for the reasonts) indicated IEXEMPTION di The informaron b considered to be confidential business (propnetaryl informaton.

. The informaton is considered to be propnetary mformation pursuant to 10 CFR 2 790fdH1)

The information was submitted and received in confidence from a foreign source pursuant to 10 CFR 2.730idH2L

5. The withheld information consists of intersgency or entraagency records that are not available through discovery durmg litigation. Osclosure of predecisenal informaton would tend to inhibit the open and frank enchange of ideas essential to the deliberative process Where records are wthheld in their entirety. the facts are mentncably intertweed wth the predecesional eformaton. There also are no reasonably segregable factual portons bscause the release of the facts would permat an mdirect inquiry mto tne predecmonal process of the agency. IEXEMPTION 5)

6. The wthheld information is exempted from public desciosure because ets disclosure would result in a clearly unwarranted invasion of personal privacy. IEXEMPTION 61

7. The wthheld informaton consists of investigatory records compiled for law enforcement purpc.es and es bemg withheld for the reason (s) indicated. (EXEMPTION 71 Disclosure would mterfere wth an enforcement proceedmg because et could reveal the scope. directen, and focus of enforcernent efforts. and thus could possibly allow them to take action to shirved potential wrongcloing or a violation of NRC requirements from evestigators. tEXEMPTION 7tAH Disclosure would constitute an unwarranted it'vasion of personal pnvacy IEXEMPTION 7(CH The informat.on consists of names of individuals and other informaton the disclusure of which would reveal identities of confidential sources. (EXEVPTION 7tDil PART II C-DENYING OFFICIALS Pursuant to 10 CFR 9 9 and 'or 9.15 of the U.S. Nuclear Regulatory Commesson regulatons, it has been determmed that the information withheld is enempt from producten or disclosure, and that its production or disclosure is contrary to the public mterest. The persons respons.ble for the denial are those offcials identifed below as denying officials and the Owector, Division of Rules and Records, Offee of Admmistration. for any denials that may be Jppealed to the Execusve Director for Operations itoon.

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y PART 18 O- APPEAL RIGHTS The denial by each denying official identified 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 t his 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 clearly state on the envelope and in the letter that it is an " Appeal from an initial FOfA Decision."

mac FonM ese (Part 21 is asi U.S. NUCLEAR REGULATORY COMMISSION FOIA RESPONSE CONTINUATION

F0!A/86-281 APPENDIX E (Portions Withheld)'

1. 01/17/72 Material Control and Physical Protection (Pu) (19 pages) 8 2. 02/16/73 R0 Inspection Report No. 070-1193/73-01 (29 pages)

3. 03/27/73 R0 Inspection Report No. 73-03 (23 pages)

4. 12/04/73 Letter to J. Hind from C. Peek Re: Trip Report - Kerr McGee Corp. (6 pages)

1. 5. 03/11/74 P0 Inspection Report No. 070-1193/74-02 (9 pages)

• 6. 05/06/74 R0 Inspection Report No. 070-1193/74-04 (67 pages)

$ 7. 05/20/74 Notice of Violation w/ enclosure R0 Inspection Report No.

070-1193/75-07 (49 pages) x 8. 09/11/74 R0 Inspection Report No. 070-1193/74-08 (13 pages)

9. 09/26/74 Illegible Letter from James Keppler Re: Section 2.790 w/ enclosure 10 CFR 2.790 Information (4 pages) p 10. 10/02/74 Illegible Letter from James Keppler Re: License No. SNM-1174 w/ enclosure Violations of AEC Requirements (3 pages)

(11. 03/19/75 Letter to Charles Mayer from J. Hind Re: Physical Security Inspection of Special Nuclear Material w/ enclosure Security Plan Deviations and IE Inspection Report No. 070-1193/75-01 (22 pages) i l

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s APRIL 11, 1986 RETURN RECEIPT REQUESTED FREEDOM OF INFORMATION ACT & PRIVACY ACT REQUEST Director Office of Administration pg y U.S. Nuclear Regulatory Commission gg N Washington, D.C. 20555 P h r A - e le, - D / /

To Whom It May Concern: G % t bl + A -Pf Pursuant to the Freedom of Information Act, 5 U.S.C. 552, in conjunction with the Privacy Act, 5 U.S.C. 552a, I, Ron Cantrell, request access to and copies of any and all agency records' and information, including but not limited to notes, inter-office memoranda, letters, memoranda, drafts, tapes, transcripts, summaries, interview reports, drawings, files, maps, photographs, handwritten notes, studies, data sheets, notebcoks, telephone messages, computations, voice recordings, interim and/or final reports, status reports and any and all other records relevant to and/or generated in connection with the following areas:

1. Records mentioning and/or communicating my name, Ron Cantrell.

2. Records regarding my interview and discussions with Mr. G.M. France of the Nuclear Regulatory Commission (NRC) Region III Office on November 13, 1984, during the course of his inspection of the Cimarron Nuclear Fuels Plants, NRC Docket 70-925 and Docket 70-1193.

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3. Records regarding the inspections and investigations conducted by Mr.

G.M. France and Mr. W.P. Grant during the periods November 13 through 16, 1984, January 15, 1985, and June 24 through July 19, 1985, and any and all other subsequent inspections and investigations for Docket 70-925 and Docket 70-1193.

4. Records regarding Mr. G.M. France's and Mr. W.B. Grant's interviews and discussions with Sequoyah Fuels Corporation and/or Kerr-McGee Corporation management and other employees, for those interviews ar.d discussions that

mentioned and/or communicated my name and/or discussed the health and safety concerns that I submitted to the NRC.

5. Records of my radiation exposure data, including bioassay, in-vivo lung, whole body and urinalysis surveys and all records related to the NRC statement (NRC Inspection Report 70-1193/84-02. Page 12) that I have received this data. To date, I have not received this data.

6. Records from 1970 to present regarding on-site burial at the Cimarron facility of radioactive wastes, including but not limited to special nuclear material wastes, source material wastes, transuranic wastes, monzanite sands, contaminated soil and/or material, raffinate wastes and by-product material wastes, and all disposal site (s) license (s) and Kerr-McGee Corporation, Kerr-McGee Nuclear Corporation and Sequoyah Fuels Corporation licensee records for Docket 70-925, Docket 70-1193 and any and all other NRC dockets or records related to the Cimarron facility.

7. Records regarding all inspection and investigation reports from 1970 through December 1984 for Docket 70-925 and Docket 70-1193.

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Freedom of Information Act 8 Privacy Act Request Page 2

8. Records reinted to off-site shipment of radioactive wastes from 1970 to present, including specific destinations for the waste.

The amended Freedom of Information Act allows the NRC to reduce or waive search and/or_ copying fees when release of the requested information would be "in the public interest." I believe that this request clearly fits into that category and I therefore ask that you waive such fees. Since this request is also made under the Privacy Act, I expect that, as the Act provides, there will be no charge for locating the requested records related to the Privacy Act.

If any records as defined in 10 CFR 9.3(b) and the NRC Manual, supra, and covered by this request have been destroyed and/or removed after this request, please provide all records which are or have been destroyed and/or removed, and a description of the action (s) taken relevant to, generated in connection with, and/or issued in order to implement these action (s).

For any documents or portions of documents that the NRC denies access to, please provide an index, as required by Vaughn v. Rosen, 484 F. 2d 820 (D.C. Cir. 1973), cert. denied, 415 U.S. 977 (1977), itemizing and

, describing the documents or portions of documents withheld, and providing a detailed justification of your grounds for claiming each exemption.

Because I urgently need this informatiori, I request that the NRC process this request within 10 working days of receipt of this letter, as required by law, instead of sending me a form letter stating that the re' quest will be processed within a few weeks. Thank you for your prompt and thorough response to this request. I look forward to your response within ten days.

V Truly ours, Ron Cantrell P.O. Box 842 Crescent, Oklahoma 73028 Social Security: #442-56-5176 Birth Date: March 6, 1954 Birth Place: Corpus Christi, Texas cc: Center for Responsible Government The Government Accountability Project