ML20212M613

Further Response to FOIA Request for Records Re Receipt of 93% Enriched U at Plant.Forwards Documents Listed on App B. Documents Also Available in Pdr.App C Documents Withheld (Ref FOIA Exemption 5)

ML20212M613
Person / Time
Site:	Comanche Peak
Issue date:	08/21/1986
From:	Grimsley D NRC OFFICE OF ADMINISTRATION (ADM)
To:	Garde B GOVERNMENT ACCOUNTABILITY PROJECT
Shared Package
ML20212M616	List: ML20212M613 ML20212M623
References
FOIA-86-451, FOIA-86-A-121 NUDOCS 8608260415
Download: ML20212M613 (4)

Text

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UNITED STATES 8" n NUCLEAR REGULATORY COMMISSIGN

( WASHINGTON, D. C. 20555 o.,

' . , , , e *#p AUG21126 Ms. Billie Pirner Garde Citizens Clinic Director Government Accountability Project IN RESPONSE REFER 1555 Connecticut Avenue, NW, Suite 202 TO F01A-86-451 AND Washington, DC 20036 86-A-121

Dear Ms. Garde:

This is in further response to your letter dated June 16, 1986, in which you requested, pursuant to the Freedom of Information Act (F0IA), all records generated in connection with the receipt of 93% enriched uranium at the Comanche Peak plant.

The documents listed on enclosed Appendix B are being placed in the NRC Public Document Room (PDR), 1717 H Street, NW, Washington, DC 20555, in folder FOIA-86-451 under your name.

The document listed on enclosed Appendix C consists of a draft inspection report and its draft cover letter regarding a special, announced radiation safety inspection carried out by the NRC in connection with Byproduct and Special Nuclear Material licenses held by Texas Utilities Electric Company.

This document is exempt from mandatory disclosure pursuant to Exemption 5 of the F0IA, 5 U.S.C. 552(b)(5), and the Commission's regulations, 10 CFR 9.5(a)(5).

Release of the draft letter and the draft inspection report would tend to inhibit the open and frank exchange of ideas essential to the deliberative process, and they are being withheld in their entirety.

Pursuant to 10 CFR 9.9 of the Commission'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 denial of the information are the undersigned and Mr. Robert D. Martin, Regional Administrator, Region IV.

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

" Appeal from an Initial F0IA Decision."

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8608260415 860821 l PDR FOIA GARDE 86-A-121 PDR

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Ms. Garde ,

In light of this response to this request, we are taking no further action on 3

your letter dated July 16, 1986, appealing our lack of response to your request.

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Sincerely, 2

- l. -- od " = N=D

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

Enclosures:

As stated t

Re:F01A-86-451 APPENDIX B DATE DOCUMENT DESCRIPTI.0N 1, 5-23-86 Dallas Times Herald - Article:

Remove Plant's Uranium NRC urged (1 page)

2. 5-23-86 Fort Worth Star Telegram - Article:

Foes Decry Uranium Delivery to Plant (1 page) l M

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Re: F01A-86-451 APPENDIX C DATE DOCUMENT DESCRIPTION

1. Undated Draft report w/ cover letter regarding inspection for NRC Byproduct License (30-20267/86-02) and Special Nuclear Material Licensa (70-2932/8601) held by TUEC (4 pages)