ML20210T954

Further Response to FOIA Request for Documents Re Proposed Acquisition of Nfs.App B Documents Withheld (Ref FOIA Exemption 4)

ML20210T954
Person / Time
Site:	Erwin
Issue date:	10/01/1986
From:	Grimsley D NRC OFFICE OF ADMINISTRATION (ADM)
To:	Mckendree J OIL, CHEMICAL & ATOMIC WORKERS INTERNATIONAL UNION
References
FOIA-86-72 NUDOCS 8610090340
Download: ML20210T954 (2)

Text

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..go g UNITED STATES 3 o NUCLEAR REGULATORY COMMISSION t; ej WASHINGTON, D. C. 20555

..... OCT 01 1986 Mr. John W. McKendree Special Counsel Oil, Chemical & Atomic Workers International Union, Local 3-677 1244 Grant Street IN RESPONSE REFER Denver, CO 80203 TO F01A-86-72

Dear Mr. McKendree:

This is inyou in which further response requested, to yourtoWestern pursuant the Freedom Unionofmailgram dated Information ActJanuary)30, (F0IA , a 1986, copy of all documents pertaining to the proposed acquisition of Nuclear Fuel Services, Inc. (NFS).

The documents listed on the enclosed Appendix B contain confidential business (proprietary)information. This information is being withheld from disclosure pursuant to Exemption (4) of the F0IA (5 U.S.C. 552(b)(4)public ) and 10 CFR 9.5(a)(4) of the Commission's regulations. In addition, document 4 contains the predecisional advice, opinions and recomendations of the staff which is being withheld from public disclosure pursuant to Exemption (5) of the F0IA (5 U.S.C. 552(b)(5)) and 10 CFR 9.5(a)(5) of the Comission's regulations. This document was never finalized as Nuclear Assurance Corporation elected not to purchase NFS.

Pursuant to 10 CFR 9.9 of the Comission's regulations, it has been determined that the information withheld is exempt from production or disclosure and that its production or disclosure is contrary to the public interest. The persons responsible for this denial are the undersigned and Mr. John G. Davis, Director, Office of Nuclear Material Safety and Safeguards.

This denial may be appealed to the NRC's Executive Director for Operations within 30 days from the receipt of this letter. As provided in 10 CFR 9.11, any such appeal must be in writing, addressed to the Executive Director for Operations, U.S. Nuclear Regulatory Comission, Washington, DC 20555, and should clearly state on the envelope and in the letter that it is an " Appeal from an Initial F0IA Decision."

This completes action on your request.

Sincerely, Donnie H. Grimsley, Director Division of Rules and Records Office of Administration

Enclosure:

As stated 8610090340 861001 PDR FOIA MCKENORE86-72 PDR

Re: F01A-86-72 i

Appendix B

1. 11/05/85 Letter to John Davis, NRC, from Paul Schutt, Nuclear Assurance Corporation,

Subject:

Purchase of NFS by NAC (14 pages)

2. 12/12/85 Letter to Richard Cunningham, NRC, from Paul F. Schutt, Nuclear Assurance Corporation,

Subject:

Response to Questions Posed to NAC re: Purchase of NFS (12 pages)

3. 11/05/79 Letter to the Chase Manhattan Bank, N.A. from Ralph Duester,

Subject:

Escrou Account (8 pages)

4. Undated Draft Commission Paper (9 pages) 6

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NUCLEAR REGULATORY COMMISSION 1 0FFICE OF NUCLEAR MATERIAL SAFETY AND SAFEGUARDS (

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1717 H STREET, N.W.

'( WASHINGTON, D.C. 80 ZIP 20555 FREEDOM OF INFORMATlON ACT REQUEST I Fora-86-9L '

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3 ]NDER THE FREEDOM OF INFORMATION ACT, 5 U.S.C. 552, THE DIL, ( i CHEMICAL & ATOMIC WORKERS, LOCAL 3=677, REQUESTS A COPY OF l ANY AND ALL DOCUMENTS PERTAINING TO THE PROPOSED ACQUISITION '

( OF NUCLEAR FUEL SERVICE, INC. BY NUCLEAR ASSURANCE CORP. (

UPON INFORMATION AND BELIEF, IT IS OUR UNDERSTANDING THAT

.(

SUCH A PROPOSAL WAS FILED HITH THE NUCLEAR REGULATORY (

COMMISSION IN NOVEMBER, 1985 UNDER 10 CFR SECTION 70, '36 IF THIS INFORMATION IS INCORRECT, NEERTHELESS WE WISH TO i'

REQUEST A COPY OF ANY AND ALL DOCUMENTS PERTAINING TO THE (

PROPOSED ACQUISITION OF NUCLEAR FUEL SERVICE BY NUCLEAR ASSURANCE CORP. -

HE WOULD AL.50 REQ 1EST THAT THE COMMISSIOh HOLD IN ABEYANCE ANY DECISION ON OUR PENDING REQUEST FOR A HEARING IN THIS MATTER,

( PENDING SOME RESPONSE ON OUR FREEDOM OF INFORMATION ACT REQUEST. <

IF THE DECISION ON OCAWIU'S REQUEST FOR A HEARING IS NOT TO BE HELD IN ABEYANCE, ADVISE FORTHWITb BY TELEPHONE AS WELL <

AS IN WRITING. PLEASE CONTACT THE UNDERSIGNED AT (303) 861-8906 VERY TRULY YOURS, JOHN W. MCKEhDREE a SPECIAL COUNSEL OIL, CHEMICAL & ATOMIC WORKERS INTERNATIONAL UNION 18:58 EST MGHCOMP f .

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l TO REPLY BY MAILGRAM MESSAGE, SEE REVERSE SIDE FOR WESTERN UNION'S TOLL - FREE PHONE NUMBERS L u.__-_____ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ____E.___ _ . . _ . . _ _ _ . . _ _