ML20209H466
| ML20209H466 | |
| Person / Time | |
|---|---|
| Issue date: | 04/30/1987 |
| From: | Stello V NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | Bauman L GOVERNMENT ACCOUNTABILITY PROJECT |
| References | |
| FOIA-87-88, FOIA-87-A-15 NUDOCS 8705040021 | |
| Download: ML20209H466 (2) | |
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Ms. Linda Bauman Government Accountability Project APa 3 0 1987 IN RESPONSE REFER Midwest Office 104 E. Wisconsin Avenue TO F01A-87-A-15 Appleton, WI 54915-8605 (F01A-87-88)
Dear Ms. Bauman:
This is in response to your letter dated March 26, 1987, in which you appealed Mr. Donnie H. Grimsley's response form dated March 19, 1987, which denied in whole or in part ten documents subject to your Freedom of Information Act (F0IA) request for documents concerning inspections conducted at the General Electric Company's facility in Wilmington, North Carolina.
Acting on your appeal, I have carefully reviewed the record in this case and have determined that the previously withheld information will continue to be withheld from public disclosure pursuant to Exemption (4) of the F0IA (5 U.S.C. 552(b)(4)) and 10 CFR 9.5(a)(4) of the Commission's regulations. Your appeal is, therefore, denied.
The initially withheld information identifies procedurt:s for safeguarding licensed special nuclear material.
Exemption (4) of the FOIA excludes from mandatory public disclosure matters that are " trade secrets and comercial or financial information obtained from a person and privileged or confidential." As provided in 10 CFR 2.790(d) of the Comission's regulations, a licensee's procedures for safeguarding licensed special nuclear material are deemed to be of "comercial or financial information,"
within the meaning of Exempticn (4) of the F0IA. The history of this regulation indicates a concern that public access to procedures for safeguarding licensed special nuclear material would facilitate attempts at theft or diversion of such material and thus pose significant health and safety problems. This regulation was promulgated, in part, therefore, to avoid disclosures of information that would frustrate the statutory goal of protecting the public health and safety. This position was supported in Porter County Chapter of Isaak Walton Leacue v. AEC, 380 F. Supp. 630 (N.D. Ind. 1974), wh.ere the court helt that
" release of such information could facilitate attempts of sabotage, diversion of nuclear material, or other attacks upon nuclear power facilities to the obvious detriment of public health and safety."
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j Ms. Linda Bauman The information being denied discloses specific details for the control and accounting of special nuclear material. This information has not been made available to the public and has been maintained in confidence by the licensee. Such infonnation falls within the purview of 10 CFR 2.790(d) since it pertains to procedures for the safeguarding of licensed special nuclear material. Accordingly, the documents are protected from mancatory public disclosure under Exemption (4) of the F0IA.
Your appeal has been carefully considered in light of the foregoing considerations, and a balance has been made between the public's legitimate need for access to details of the material control and accounting procedures and the need to withhold such information in the interest of protecting the public health and safety.
I have conclu&.d that public disclosure of the information being sought in these documents wculd be contrary to the public interest because such disclosure could increase the risk that a facility could be subjected to theft or sabotage.
This determination is a final agency action. As set forth in the FOIA (5 U.S.C. 552(b)(4)(B)), judicial review of this decision is available in a district court of the United States in the district in which you reside, have your principal place of business, or in the District of Columbia.
Sircerely,
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V)ctor Stel xecutive Director for Operations
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