ML20210U285

Responds to Appeal Re Partial Denial of FOIA Request for Documents Re GE Facility in Wilmington,Nc.Portions of 1a-7a & 5b & E Partially Withheld (Ref FOIA Exemption 4)

ML20210U285
Person / Time
Site:	07001113
Issue date:	04/29/1986
From:	Stello V NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To:	Ratner M RATNER, M.G.
Shared Package
ML20210U288	List: ML20210U285 ML20210U298
References
FOIA-85-158, FOIA-86-A-15, FOIA-86-A-15- NUDOCS 8606020268
Download: ML20210U285 (4)

Text

bob 8[p2 EECg#[o g UNITED STATES o NUCLEAR REGULATORY COMt.11SSION h WASHINGTON, D. C. 20555

\...../ APR 2 91986 Mozart G. Ratner, Esquire Mozart G. Ratner, P.C.

4400 Jenifer Street, NW IN REP 0NSE REFER Suite 350 TO F01A-86-A-15 Washington, DC 20015 (F0IA-85-158)

Dear Mr. Ratner:

This is in response to your letter dated February 28, 1986, in which you appealed Mr. Donnie H. Grimsley's letters dated December 5, 1985, January 24, 1986, and February 10, 1986, which partially denied your Freedom of Information Act (F0IA) request for documents concerning 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, for the reasons stated below, that most of the previously withheld documents 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. Therefore, your appeal is partially granted and partially denied.

The docue nts subject to your appeal are listed on the enclosed appendix.

Portions of documents la, 2a, and 7a are now being made publicly available and are enclosed.

The remaicing portions of these three documents; documents 3a, 3b, 4a, 4b, and 6a; and the initially withheld portions of documents Sa, Sb, and Se contain information which identifies procedures for safeguarding licensed special nuclear material. . Exemption (4) of the F0IA excludes from mandatory public disclosure matters that are " trade secrets and commercial or financial information obtained from a person and priviledged or confidential." As provided in 10 CFR 2.790(d) of the Commission's regulations, a licensee's procedures for safeguarding licensed special nuclear material are deemed to be "comercial or financial information" within the meaning of Exemption (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 attem' pts 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 v. AEC, 380 F. Sju p. 630 (N.D. Ind. 1974) where the court held that detailed A

" 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."

0606020268 860429 PDR FOIA RATNER 86-A PDR

. i o

Mr. Ratner The documents or portions of documents being denied disclose 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 information 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 mandatory 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 concluded that public disclosure of the information being sought in these documents would 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 F0IA (5 U.S.C. 552(a)(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.

Sincerely,

/u;w r.

V Executive tor Stello? Dif ector for Operations

Enclosures:

As stated S

= .

Re: F01A-85-158 APPENDIX

1. 10/12/84 Letter from Vaughan to Brown, subject: Exemption from Requirements Regarding Transfer Document LE Calculations (1 page) (Released in initial)

a.

Attachment:

10/12/84 Request for an exemption (1 page)

(Portions being released)

2. 08/31/84 Letter from Vaughan to Brown, sujbect: Request for One Time Exemption in Methodology for Reporting Inventory Values (1 page) (Released in initial)

a.

Attachment:

8/31/84 Request for one time exemption (2 pages) (Portions being released)

3. 02/14/84 Letter from Vaughan to O'Reilly, RII,

Subject:

Revisions to Fundamental Nuclear Material Control Plan (1 page)

(Released in initial)

a. Attachment 1: Fundamental Nuclear Material Control Plan Changes Not Requiring NRC Approval Prior to Implementation (21 pages)

b. Attachment 2: Revised Pages to the Fundamental Nuclear Material Control Plan (41 pages)

4. 03/21/84 Letter from Vaughan to O'Reilly, RII,

Subject:

Revision to Fundamental Nuclear Material Control Plan (1 page)

(Releasedininitial)

a. Attachment 1: Fundamental Nuclear Material Control Plan Changes Not Requirin Prior to Implementation (g2 NRC pages)Approval

b. Attachment 2: Revised Pages to the Fundamental Nuclear Material Control Plan (16 pages)

5. 11/20/84 Letter from Vaughan to Stohr re: NRC Inspect. ion Report 70-1113/84-12 (1 page) (Released in initial)

a. Attachment A: 11/20/84 re: Notice of Violation -

Inspection Report 70-1113/84-12 (3 pages) (Portions released in initial) 1

2 RE: F01A-85-158

b. Exhibit A - 7/3/84 re: August 1984 Uranium Inventory Preparation Activities (2 pages)

~(Portions released in initial)

c. Exhibit B - Uranium Physical Inventories (3 pages)

(Released in initial)

d. Exhibit C - Scale and Balance Program (10 pages)

(Released in initial)

e. Exhibit D - Scales and Balances (10 pages) (Portions releasedininitial)

6. 06/15/84 Letter from Vaughan, General Electric, to O'Reilly,

Subject:

Revisions to Fundamental Nuclear Material Control Plan (1 page) (Released in initial)

a. 06/15/84 Attachments 1 and 2,

Subject:

Revisions to Fundamental Nuclear Material Control Plan (31 pages)

7. 12/28/84 Letter from Vaughan to Director, NMSS,

Subject:

Discre U-Factor Investigation (1 page) (Released in initial) pant

a. 12/28/84 Description of the Discrepant U-Factor Investigation (1 page) (Portions being released) l i

f i

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