ML20211N783

Thirteenth Partial Response to FOIA Request for Documents. Records Subj to Request Identified in App Q.App R Records Being Made Available for Public Insp.App Records Withheld in Part (Ref FOIA Exemptions 5 & 6)

ML20211N783
Person / Time
Issue date:	10/09/1997
From:	Racquel Powell NRC OFFICE OF ADMINISTRATION (ADM)
To:	Michael Webb SHAW, PITTMAN, POTTS & TROWBRIDGE
Shared Package
ML20211N786	List: ML20211N783 ML20211N800
References
FOIA-97-105 NUDOCS 9710170121
Download: ML20211N783 (8)

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/NNM U.S. NUCLEAR RE!ULATORY COMMISSION NHC FuA HtOuEST NuMBEHm m g FOIA 105 RESPONSE TWE RESPONSE TO FREEDOM OF l FiNA' I)( l PARTIAL ( 13 t h )

e, oms J INFORMATION ACT (FOIA) REQUEST ' ' "

OCT 0 9 1997 DOCKE t NUMBE R($1 ft/ amhcable/

LE QUEST E R Maria Webb PART 1 -AGENCY RECORDS RELEASEO OR NOT LOCATED (See checAedboAes/

N3 agency records subject to the request have been lo;ated.

N a additional agency reco.-ds subject to the request have been located.

Requested records are available through another public distribution program. See Comments section.

Agency records subject to the request that are identified in Appendim(es) O '

are already available for public inspection and copying at the X NE.C Public Document Room,2120 L Street, N.W., Washington, OC.

Agency records subject to the request that are identified in Appendix (es) N are being made available for public inspection and copying X at the NRC Public Document Stoom,2120 L Street, N.W.. Washington, DC, in a folder under this FOlA number.

The nonproprietary versic.n of tl s proposalts) that you agreed to accept in a telephone conversation with a member of my staff is now being made available for public ;nspection and c.oprie; at the NRC Public Dxument Room,2120 L Street, N.W., Washington, DC, in a folder under this FOI A number.

Agency records subject to the request that are identifeed in Appendix (es) _ may be inspected and copied at the N RC Local Public G acument Room identified in the Comments sect 6on.

Enclosed is information on how you may obtain access to and the charps for copying records located at the NRC PubHc Document Room,2120 L Strset, N.W., P?ashington, DC.

X Agency records subject to the request are enclosed.

Records subject to the request have been referred to another Fedarai agency (ies) for review and direct response to you.

Fees You will be billed by the NRC for fees totahng $

You will receive a refund from the N RC in the amount of $

le view of N RC's response to this request, no further action is being taken on appeal letter dated . No.

PART 11. A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Cert:in information in the requested records is being withhald from pubhc disclosure pursuant to the exemptions described in and for the reasons stated in Part II, B, C, and D, Any released portions of the documents for w. ,ch only part of the record is being withheld are being mde available for pub.ic X inspection and copying in the NRC Pubhc Document Room 2120 L Street, N.W., Washington, DC in a folder under this FOI A number, COMME NTS The records identified on enclosed Appendices Q, R, and S are responsive to your request. Copies of Appenditt R records and the relencable portions of Appendix S records are enclosed. You may ,

obtain a copy of the Appendix Q record by contacting NRC's Public Document Room.

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PQiA ssusesWst DAts RESPONSE TO FFJEDOM OF INFORMATION ACT (FOIA) REQUEST FOlA 105 W 0 91997 (CONTINUATION) l PART 11 B- APPLICABLE EXEMPTIONS __

Records subject to the request that are described in the enclosed Appendix (es) b are being withheld in their entirety or in part under the Exemption No.(s) and for the reason (s) given below pursuant to 5 U.S.C. 552M and 10 CF R 9.1ha) of NRC regulations.

1. The withheid information is property classified pursuant to Emeoathre Order. (Ememption 1)

2. The withheld eformaten relates solely to the mismal personnel rules and procedures of NRC (Examption 2)

[ l3. The withhe6d mformaten 6s specifically esempted from public disclosure by sta'ute indicated. (Exemption 3)

Sectens 141145 of ttw Atomic Enrgy Act which prohibits the disclosure of Restricted Date or Formerly Restncted Data (42 U.S C. 21612165)

Section 147 of the Atomic Energy Act, which prohebits the disclosure of Unclassified Safeguents Information (42 IJ.S.C. 21671

f. The withheld enformation is e trade secret or commercial or financial mformation that is bemg withheid for the reasontet Indicated. (Exemption 4)

The mformaten is considered to be confidential business (proprietaryl mformaten The mformaten is considered to be propnetary informaten pursuant to 10 CF R 2 790tdit1)

The mformatson was submitted and received m confidence pursuant to 10 CFR 2 790idi(21

5. 'The withheid information consists c' , seragency or miraegency records that aie not evadabie insough discover, during i t.gation (Exempton 5). Applicable Privilege:

Deliberative Process Disclosure of predecisonal mformation would tend to mhsbit the open and frank enchange of ideas essential to the debberative pro.ess Where records are withheld m their enteretv. the f acts are mentricably intert*med with the predecisionalinformation There also are no reasonably se lregable f actual i

X port ons because the release of the f acts would permet an mdirect enouiry mto the predecisional process of the agency Attorney work product pnvilege IDocuments prepared by an attornew m contempiaten of htigation i Attorney-client privilege. (Confidential commumcatens between en attorney and his/her client.)

6. The withheid mformation is esempted from pub 6 c disclosure because its disclosur e would resuit m a cleady unaa" anted mvasion of personal pnwacy (Exemption 6) 7.1ho withheld enformation consists of rec 3rds compiled toe law enforcement purposes and is being withheld for the rassonist mdicated (Exemption 7)

Disclosure could reasonably be expected to mterfere with an enforcement proceedmg because it could reveal the scope, direction, and focus of enforcement efforts, and thus could possibly allow recipients to take action to shield potential wrongdomg or a violation of NRC requirements from investigators. (Exempt on 7 (AH Disclosure would constitute en unwerranted evasion of personal pnvecy. (Exemption 7(Cl)

The mformation consists of names of moividuats and other information the disclosure of which could reasonabsv be enoected to reveal identities of confidential sources. (Enempten 7 (D))

~OTHER l PART 11. C-DENYING OFFICIALS the information withheid is exempt from pro-Pursu:ntortodisclosure.

afuction 10 CF R 9.25(b) and thatand its or 9 25ic) of production orthe U S. Nuclear d sclosure Regulatory is contrary Commissen i the public segu?atens.

interest The it has been*or persons responsible deterrmned the den tha'.41 are those off eciais identif.ed below as denyirsg off ciais i and the thrector. Division of Freedom of In'ormation and Pubhcat>uns Services. Offwe of Admmistration, for any denials that may be appesied to the Executive Director for Operat om tE001 DENYING OFFICIAL TITLE < OF FIC E RECORDS DENIED APPELLATE OFFICIAL l

SECRE' AAY IG l ~EDO lEllis W. Merschoff Regional Administrator, RIN App. S/l X Stephen G. Burns Assoc. Geneial Counsel for App. S/2 & S/ 5 X Hearings, Enforcement &

l 1 Administration Ashok C. Thadani A/ Deputy Executive Dir. App. S/3 X l for Reg. Effectiveness l Program Oversight, Invest igations l & Enforcement i l Carl J. Paperiello Director, NMSS App. S/4 X l PART 11. D- APPEAL RIGHTS The denial by each denymg offic el ident:f ted in Part li.C may be appeated to the Appenate Official dentified there. Any such appeal must be made m wntmg within 30 days of receipt of this response. Appeals must be addressed, as appropriate to the Emecutive Director for Operations. to the Secretary of the Commission. U 'o the inspector General. U.S Nuclear Cepletory Comm;ssmr, Washmgte,, DC 20555, and should clearly state on the enve! ope and m the let:er that it is an " Appeal from an Imt 4. FOf A Decnion."

NZC FCM 464 (Part 2) (1-91) U S. NUCLEAR REGULATORY COMMISSION

Re FOIA-97-195 APPENDIX Q DOCUMENTS MAINTAINED AT THE PDR NUMBER DATE DESCRIPTION /ACC. NO.

1. 10/9/91 Letter to Chairman Ivan Selin from Representative Wayne Owens re Envirocare of Utah, and response from Chairman Selin to Representative Owens, dated 11/7/91, Acc. No. 9111190202.

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Ret F01 A-97 10 5 APPENDIX R  !

RECORDS r.AINTAINED IN THE PDR UNDER THE ABOVE REQUEST NUMBER NUMBER DATE DESCRIPTION /PAGES 1 04/22/92 Transmittal of Paid Voucher'fpr Services

, Rendered by DOB (2 pages) j 2. Q5/I5/32 Tr=n==i tt =1 gr_ Paid woucher for Services Rendered by DOIf72 pages)

3. 06/16/.92 Transmittal of Paid Voucher for Services Rendered by DOE (2 pages)

4. 07/31/92 Transmittal of" Paid Voucher for Services Rendered by DOE (2 pages)

, 5. 08/01/92 Transuittal of bald Voucher for Services Rendered by DOE (it'pages)

6. 08/31/92 Transmittal of Paid Voucher for Sorvices Rendered by. DOE (2 pages)

7. 09/30/92 rransmiccal or raiu vuuctier 2.ut oezviceu Rendered by DOE (2 pages) ,

8. ,11/17/92 Ltr. to Diane Dandois from Victor Romero re: Requesting additional information on iterized costs (1 page)

9. 02/26/93 Ltr. '

• Victor Romero from Douglas Weiss re:

Respa ae to 11/17/92 request for additional information on costs (45 pages)

10. 04/09/93 NRC Approval Form for Interagency' Billing (1 page) -

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. Het F01 A-97-10 5 APPENDIX R 4

RECORDS MAINTAINED IN THE PDR UNDER THE ABOVE REQUEST NUMBER NUMBER DATE DESCRIPTION /PAGES f -

1,1. 05/06/93 NRC Approval Form for Interagency Billing (2 pages)

12. 05/14/93 Ltr. to Khosrow Semnani from Leah Tremper re: Notification of Nonpayment (6 pages)

13. 06/04/93 NRC Approval Form for Interagen'cy Billing (2 pages)

14. 07/12/93 NRC Approval Form for Interagency. Billing 12 pages)

15. 08/04/93 NRC Approval Form for Interagency Billing (3 pages)

16. 09/03/93 NRd Approval Form for Interagency Billing (4 pages) 4 m

17. 09/28/93 Ltr. to Victor Rdmero, Envirocare from Ronald Scroggins re: Assessment of NRC's contractor costs (22 pages) 1 i

'18.' 10/05/93 NRC Approval Form for Interagency Billing (2 pages)

19. 10/19/93 Ltr. to Victor Romero from Ronald Scroggind re: Response to request for waiver s

(2 pages)

20. 11/05/93 NRC Approval Form for Interagency Billipg (2 pages)

21. 12/03/93 NRC Approval Form for Interagency Billing (3 pages) 9 J

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, Re F01 A-97-10 5 EPPENDIX R RECORDS MAINTAINED lu THE PDR UNDER THE ABOVE REQUEST NUMBER FJMBER DATE DESCRIPTION /PAGES 22, 02/09/94 OC Ltr. to Khrosrow Semanani from R'on'ld a Scroggins re: Responding to 11/16/93 ltr. to James Taylor on NRC's contractor costs (1 page)

23. 03/02/94 OC Ltr. to Ronald Scroggins from VicLor Romero re: Discussion about subcontractors being billed to Envirocare ol' Utah (16 pages)

24. 03/30/94 OC Ltr. to Victor Romero from Lee Hiller re:

Response to 3/2/94~ltr. referencing NRC's assessment of Contractor Cost 0

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Re FOIA-97-185

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APPENDIX S DOCUMENTS BEING RELEASED IN PART

, hUMBER DATE DESCRIPTION /EXEMPTID"

1. 3/31/95 Letter to Regional Adminiwcrator from V.

Andrews re Annual Environmental Report License SMC-1559, (107 pgs.) -

4 PORTIONS WITHHELD, EX. 6.

2. 1/29/96 Note to Steve Burns and Larry Chandler from Jack Goldberg, subject: Review of

i. Attached Document re NRDC 2.206 Petition on Envirocare, (1 pg.)

RELEASED, attaching NRC Staff Evaluation of NRDC Request to suspend Section 274 4

Agreement with the State of Utah, containing handwritten comments and notations, (12 pgs.) WITHHELD, EX. 5.

3. 5/13/96 Memo to Commission from J. Taylor, subjects Exemption for Envirocare of Utah to Possess U-235 in Excess of Current Regulatory Issues, (3 pgs.)

RELEASE, attaching DRAFT Memo to the Commission from J. Taylor, subjects i

Exemption for Envirocare of Utah to I Possess U-235 in Excess of Current Regulatory Limits, containing handwritten comments and notations, l (2 pgs.) WITHHELD, EX. 5.

4. 2/11/97 Note to Commissioner's Assistants from J. Blaha, subject: Director's Decision on Natural Resources Defense Council's 10 CFR 2.206 Petition, (1 pg.) RELEASE, attaching paper entitled, NRC Staff Evaluation of Natural Resources Defense Council Request to Suspend Section 274 Agreement with the State of Utah,

, (5 pgs.) WITHHELD, EX. 5. l l

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Re: FOI A 10 5 APPENDIX S DOCUMENTS BEING RELEASED IN PART (Continued)

NUMBER DATE DESCRIPTION

5. 2/7/94 Memo for R. Bernero from J. Goldberg, subject Petition Filed by Envirocare of Utah, Regard ng Umetco's Materials License, (2 pga.) WITHHELD, EX. 5, attaching letter to J. Taylor from T.

Clawson, regarding Umetco Minerals Corp., (13 pgs.) RELEASE, attaching DRAFT Letter to T. Clawson from R.

Bernero re: Recelept-of Petition, (1 pg.) WITHHELD, EX. 5.

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7 SOLA/PA REQUEST SHAW PITFMAN car,e re: 9 7- /# 5- i POTf5eTFONBPJDCE DateRec'd J- /P- 7 7 '

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Waddnetan. D C 20037 1128 202.663.8000 Focatmde 202.663207 New York Virginia March 12,1997 Mr. Carlton C. Kammerer, Director Freedom ofInformation & Publications Sersices U.S. Nucle. " Regulatory Commission Mail Stop T-6E4' Washington, D.C. 20555-0001 Re: Freedom ofInformation Act (FOIA) Request

Dear Mr. Kammerer:

Pursuant to 5 U.S.C. { 552 (a)(3) and 10 C.F.R. { 9.23,I am requesting the following materials:

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! (1) Any and all records which constitute, refer and/or relate to the byproduct materials license issued by the Nuclear Regulatory Commission (NRC) pursuant to Section 1 Ie.(2) of the Atomic Energy Act (AEA) to Envirocare of Utah, Inc. for its Clive, Utah site.

(2) Any and all records which constitute, refer and/or relate to any allegations concerning Larry F. Anderson, former Director of the Utah Division of Radiation Control.

I agree in advance to pay the fees associated with this request.

Please contact me at 202-663-8302, if necessary.

Thank you for your prompt attention to this request. I look forward to your response within ten (10) days, as required by FOIA and NRC regulations.

Very truly yours, ,

N eM a}. 0b%

Mafia D. Webb Legal Assistant Cntr+l844 4