ML20210N358

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Staff Requirements Memo Re Commission 770331 Discussion in Washington,Dc Re Proposed Ltrs to Gt Butcher,Os Heistand & Lv Nosenzo Re Us Nuclear,Inc Petition to Export SNM to South Africa.Proposed Ltrs Approved
ML20210N358
Person / Time
Issue date: 04/05/1977
From: Chilk S
NRC OFFICE OF THE SECRETARY (SECY)
To: Strauss P
NRC OFFICE OF THE GENERAL COUNSEL (OGC)
Shared Package
ML20210N196 List:
References
FOIA-86-897 NUDOCS 8702130107
Download: ML20210N358 (1)


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a April 5,1977 -

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l T a OFFICE OF THE-v SECHETARY

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~.,a MEMOFA*,rM FOR:

Pete.' L.-Straus< ^Genocal Counsel T

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..j e.ary STAFFREQU!PE.*'1:.T5-D:5CUSSIO!i0FSOUTHA

SUBJECT:

PETIT 10*4 (lll THE' MATTER OF U.S. fiUCLEAR, IllC.,

XS* M-693, AMEt:C"El;T 2)(C0CKET i;0. 70-1853) 3:20 P.H. Thursday, March 31, 1977, Cormissioners*-

Conference -Room, D. C. Of fice~-(Closed to Public' Attendance) >

The Cc:.wission discussed proposed letters to Ms. Goler Teal Cutcner of 1lhite, Fine and '!erville (Counselors at Law), Mr. 0.S. Heistand of florgar., Lewis, and Cockius (Counselors at Law), and Mr. ' Louis V. i;osenzo, Deputy Assistant Secretary, Bureau of Oceans and International Environment and Mier.tific Af fairs, Department of State.

The propnsed letters

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infora the recipients of-the postponement of the Co:rmission's decision on the sJbf ect export -license and the petition to -intervene filed on-behalf cf Congressman Diggs, et al., pending receipt f rom the Executive

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Branch of its final views' on this matter.

The Ct.r.ission approveii the proposed lettc~

sub.iect to deletion of the-secer.d paragraph of the letter to Mr. fiosenzo.

(Subsequently,- the Secretary sigr.ed the thrce letters on April 1.,1977. )-

cc:

Chairr.an RoWden Eor..missioner Gilinsky

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Executive Director ~for Operations <.[4 Cornissioner Kennedy Director, Policy Evaluation

Contact:

R. McCsier (SECY) 634-1410

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THE NATIONAL SECURITY ARCHIVE

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SUITE 500 17ss MASSACitUsETTS AVE NW WASHINGTON, DC 200s6 (202)797-osa2

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IN ALL CORRESPONDENCE PLEASE REFER N

TO ARCHIVE FILE No.

\\ inda L. Robinson ie FOI and Privacy Branch DEC 2 91986 Nuclear Regulatory Commission Washingt n,

DC 20555 U @ WOR &gA}g RE:

ACT REQUEST Freadom of Information Act Request h ZA 997 Dear Ms. Robinson OYb (as amended), I hereby request disclosure of the docum sea.

page for inspection and possible copying.

e following If you regard any of these documents as exempt from the FOIA's disclosur requirements, I request that you nonetheless exercise your discretion to disc In this connection I note that you are required under the FOIA to release a reasonably segregable nonexempt portions of documents containing informa regard as exempt.

Section 552(b). To permit an intelligent, informed decision whether or not to file an administrative appeal of any denial decision, you are also requ describe withheld records (or portions thereof) and explain the logical and fact F.2d 242, 251 (D.C. Cir.,1977).for exemption claims. Sn Mead Data Cen ual basis public interest rescarch institute and library located in Wash is organized and operated as a division of The Fund for Peace Inc

.. The Archive corporation that is exempt from federal income tax under section 501(c)(3) of the

., a nonprofit Internal Revenue Code, and determined by the Internal Revenue Service as o be " organized and operated exclusively for educational purposes" to The Archive's purpose is to enrich public policy debate by making available records pertaining to important, mostly contemporary issues of major public con the areas of foreign, defense, intelligence, and international economic policy carefully analyzed, indexed and organized into docume collection.

journalists, Members of Congress and Congressional staffs, officials, other public interest organizations, and the general public at the Arch public Washington offices. In addition, information in the documents will be dissemina across the country through distribution of comprehensive document indices to university and other research libraries.

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M'koena A copy of the

license, inter-agencies granting of that license to:recorde relating in whole or in pa reports and all e processing and (a) the U.S.- Nuclear Corporation of dated on or around 22 Oak Ridge, Tennessee, permission to export 12.5 January,
1974, and the export of an additional 12 5 kilSouth Africa, ame granting it October, 1974 ograms.

to allow (b) the license approved by the U.S.

Nuclear Commission allo Ridge Tennessee, wing the U.S.

Nuclear CorporationRegulatory on condition theto export 97 pounds of enriched ur South Africa, of Oak proposed destination, a research reactorfuel not-beanium to Transvaal. The license taken from its at Pelindaba in the 1975.

was approved in or around April, l.

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.. g I therefore request that you waive all search and reproduction fees pursuant to section 552(a)(4)(A). The Archive is the type of requester presumptively entitled to a fee waiver under the FOIA, because furnishing information in requested documents would primarily benefit the general public. Should you decline to waive all fees, however, we are prepared to pay your normal search fees (and reproduction fees, if I decide to copy the records produced). Our willingness to pay fees is subject to our rights to appeal and litigate the fee waiver question, and payment would be deferred until exhaustion of such rights. I further ask that if you decline to waive fees, you obtain our authorization before incurring search costs in excess of $100.

In order to expedite the release of the listed documents, I request that you disclose them as they become available to you, without waiting until all the documents have been assembled. If you have any questions that I might be able to answer regarding the identity of the records, their location, or the scope of the request, please call me. I look forward to receiving your response within the statutory time period.

Yo r ver, truly, fg v.

Kenneth Mokoena Attachment

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