ML20211B922

Final Response to FOIA Request for Documents.No Addl Records Subj to Request Located & No Further Action Being Taken on 870125 Appeal Ltr

ML20211B922
Person / Time
Issue date:	02/13/1987
From:	Grimsley D NRC OFFICE OF ADMINISTRATION (ADM)
To:	Henry S STUART N. HENRY & ASSOCIATES
References
FOIA-86-896, FOIA-87-A-8 NUDOCS 8702190601
Download: ML20211B922 (1)

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'S INFORMATION ACT (FOlA) REQUEST FEB 13 W DOCKET NuM8LRi$a (# eppueaes REQUESTER s

PART l.-RECMS RELEASED OR NOT LOCATED (See checked bones!

No agency records subrect to the request have been located.

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

Agency records sub,ect to the request that are identifed m Appendix are already available for pubhc irspection and copymg m the NRC Public Document Room, 1717 H Street, N.W., Washington, DC.

Agency records subsect to the request that are identif.ed m Appenden are bemg made available for public inspecten and copying in the NRC Public Document Room.1717 H Street, N.W., Weshington, DC, in a folder under the FOIA number and requester name. '

The nonproprietary version of the proposalls) that you agreed to accept in a telephone conversation with a member of my staff is now being made avaiable for public ir.spection and coymg at the NRC Public Document Room,1717 H Street, N W, Washmgton, DC. in a folder under thes FOIA number and requester name.

Enclosed is ir;formaten on how you may obtain access to and the cha ges for cooymg records placed in the NRC Public Document Room.1717 H Street. N W., Washington. DC.

Agency records subsect to the request are enclosed. Any applicable charge for copies of the records provided and payment procedures are noted in the comments secton.

Cecords subsect to the request have been referred to another Federal agencylies) for review and direct response to you.

In view c4 NRC's response to this request, no further acten is being taken on appeal letter dated _I)1$

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PART 11 A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Certam informaton in the requested records a being withheld from public disclosure pursuant to the FOIA exemptions described in ano for the reasons stated in Part it, sec.

tions B C. and D Any released portions of the documaats for which only part of tN record is being withheld are being rnade available for public inspection end copying in the NRC Pubtsc Document Room,1717 H Street. N W, Washington, DC, m a folder under this FOtA number and requester name Comments StGNA'

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STUART N. HENRY & Assoc ATEs ATTORNEYS AT LAT lt0!itM CRA%DE AUSTIN, TEXAS 78705 mat a coor m,.9 a s a, December 23, 1986 iREWVM OF INFORMAHutt Linda L.

Robinson, Chief ACT RCQUEST

[OZA _gg,p 9(3 FOIA and Privacy Branch U.

S. Nuclear Regulatory Commission h k. I d / d - J C = g [g Washington D.C.

20555

Dear Ms. Robinson:

This is a request for information under the Freedom of Information Act, 5 U.S.C.A. Section 552, and the NRC's implement-ing regulations found at 10 CFR Part 9.

Please provide copies of the following:

1.

Any NRC documents, correspondence, interpretive letters, or statements regarding the scope of the definition of " byproduct material" as defined at 42 U.S.C. Section 2014(e)(2).

Please note that I am only concerned with Subsection 2 of the "byprod-uct definition" and the " processed primarily for its source material content" test set out therein.

2.

Within request No. 1, the Final Environmental Statement for the Kerr McGee " Rare Earths" facility in West Chicago, at pages H-4, and H-5 apparently addresses the application of the byproduct definition to the Kerr McGee wastes.

I know this from the discussion and citation in Brown v. Kerr McGee, 767 F.2d at 1242.

Please provide copies of these pages and any other pages that discuss the applicability of the the byproduct definition to the wastes found at the Kerr McGee facility.

3.

Also, within No. I above, please provide any documents discussing the applicablity of the byproduct definition to the wastes from other chemical facilities producing " rare earths."

One such facility is the Rhone-Poulenc Inc. Rare Earths facility in Freeport, Texas.

4.

Please provide any NRC documents, interpretive letters, or correspondence concerning the legality of the expansion of the byproduct definition under Texas law, Article 4590f, Section 3(a), Vernon's Texas Revised Civil Statutes, to add the phrase "other tailings of similar radiological characteristics" as such expansion may impinge on the compliance of the Texas " Agreement state" program under the Atomic Energy Act and the Uranium Mill Tailings Radiation Control Act of 1978.

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I appreciate your assistance in this matter.

If you have any questions regarding this request or need further information, please.do not hesitate to contact me or Bill Bunch of my office.

Sincere y, Stuart N. Henry 6

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STUART N. HENRY & ASSOCIATES ATTORNEYS AT LAW 2 30) RIO GR ANDE AUSTIN, TEXAS 78705 AM A CODE H 2 e 4N nm December 23, 1986 FRE#)9M OF INF0fiMAlivit Linda L. Robinson, Chief ACT RCQUESI

[OZA_gg,t C FOIA and Privacy Branch U.

S. Nuclear Regulatory Commission k Id / Q-JC=gg Washington D.C.

20555

Dear Ms. Robinson:

This is a request for information under the Freedom of Information Act, 5 U.S.C.A. Section 552, and the NRC's implement-ing regulations found at 10 CPR Part 9.

Please provide copies of the following:

1.

Any NRC documents, correspondence, interpretive letters, or statements regarding the scope of the definition of " byproduct material" as defined at 42 U.S.C. Section 2014(e)(2).

Please note that I am only concerned with Subsection 2 of the "byprod-uct definition" and the " processed primarily for its source material content" test set out therein.

2.

Within request No.

1, the Final Environmental Statement for the Kerr McGee " Rare Earths" facility in West Chicago, at pages H-4, and H-5 apparently addresses the application of the byproduct definition to the Kerr McGee wastes.

I know this from the discussion and citation in Brown v.

Kerr McGee, 767 F.2d at 1242.

Please provide copies of these pages and any other pages that discuss the applicability of the the byproduct definition to the wastes found at the Kerr McGee facility.

3.

Also, within No. I above, please provide any documents discussing the applicablity of the byproduct definition to the wastes from other chemical facilities producing " rare earths."

One such facility is the Rhone-Poulenc Inc. Rare Earths facility in Freeport, Texas.

4.

Please provide any NRC documents, interpretive letters, or correspondence concerning the legality of the expansion of the byproduct definition under Texas law, Article 4590f, Section 3(a), Vernon's Texas Revised Civil Statutes, to add the phrase "other tailings of similar radiological characteristics" as such expansion may impinge on the compliance of the Texas " Agreement state" program under the Atomic Energy Act and the Uranium Mill Tailings Radiation Control Act of 1978.

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I appreciate your ass'istance in this matter.

If you have i

a r.. questions regarding this request or need further information, p' ease do not hesitate to contact me or Bill Bunch of my office.

Sincere y, Stuart N.' !!enry '

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