ML20215A578

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Further Response to FOIA Request for Documents Re Numec Facilities & Adjacent Plant,Cook Pacemaker.Aec Form 742 Withheld (Ref FOIA Exemption 4)
ML20215A578
Person / Time
Issue date: 06/12/1987
From: Grimsley D
NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM)
To: Conroy R
VALLEY NEWS DISPATCH, TARENTUM, PA
References
FOIA-86-567 NUDOCS 8706160713
Download: ML20215A578 (1)


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g. NUCLEAR REGULATORY COMMISSION y j WASHINGTON, D. C. 20666

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Ms. Rebecca Conroy Staff Writer Valley News Dispatch 210 Fourth Avenue IN RESPONSE REFER Tarentum, PA 15084 JUN 12197 TO F01A-86-567

Dear Ms. Conroy:

This is in further response to your letter dated July 23, 1986, in which you requested, pursuant to the Freedom of Information Act (F0IA),

documents related to NUMEC facilities and the plant located next to NUMEC known as Cook Pacemaker.

My letter to you dated September 26, 1986, stated that the review of the document subject to item four of your request was continuing. Our review has now been completed, and it has been determined that the AEC Fonn 742 you requested will be withheld from public disclosure pursuant to Exemption (4) of the FOIA (5 U.S.C. 552(b)(4)) and 10 CFR 9.5(a)(4) of the Commission's regulations. This form contains

, infonnation that is considered to be commercial or financial (proprietary) information.

Pursuant to 10 CFR 9.9 of the Commission's regulations, it has been

determined that the infonnation 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. Hugh C. Thompson, Jr., Director, Office of Nuclear Material Safety.and Safeguards.

This denial may be appealed to the Commission'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 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."

This completes action on this request.

Sincerely.

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Donnie H. Grimsley, Director Division of Rules and Records i

Office of Administration and Resources Management g 61 g 3 870612 CONROYB6-567 PDR 4

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Valley News Dispatch GENERAL OHKIS

  • 210 FOURTH AviNUE
  • 1417) 774 4371 July 23,1986 l!.S. Nuclear Regulatory Commission Division of Rules and Records FREEDOM OF INFORMATION Attn: FOIA Branch ACT REQUEST Washington, D.C. 205ss FOQ 'T 6 -S 6

Dear S.ir,

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This is a request under the Freedom of Information Act as amended f 5 ti.S.C. 552.i As a staff writer for the Valley News Dispatch I am requesting the following agency documents related to Numec facilities (Nuclear Materials & Equipment Corp.i. later known as the Itabcew k

& Wilcox Co. (B&Wi located in Apollo and Parks Township, Pa., and the plant next door to Numec now known as Cook Pacemaker, formerly Arco Medical, formerly Numec, in Parks Township

  • Any and all documents which pertain to the start of the heart pacemaker division of Numer i as an example any license application or proposed license amendment ) and Ihe subsequent f ra 1 ster cf the company from Numec to other owners.

The reason I especially need to clear this up is because I had understood the 13abcock & Wilcox Co. did not purchase the pacemaker division from Atlantic Richfield Co. when it purchased the Parks and Apollo nuclear fuel facilities in 1971. The enclosed information from it#74 indic'tes of her-wise.

cAny documents pertaining to releases of nuclear materials to the environment Irom t he plant's operations.

o A list of any violations the pacemaker division received from the NRC.

eThe AEC form 742 filed on Feb. 2,1974, by B&W on behalf of the pacemaker division, as was required by 10 C.F.R.70.53r a ). I would expect this report to be available for public inspection since in this enclosed letter referring to the report 11&W already statesits vinlation did nni pose a threat to national security.

oAny and all environmental impact statements, appraisals, studies, including drafts of reports, concerning operations at the pacemaker plant, o Any and all documents pertaining to contracts or arrangements the pacemaker plant maile with foreign companies or governments. I am not seeking propriety information, but instead seeking documents which show how worldwide the company was or is.

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  • Any and all documents pertaining to investigations or operation inspections related to any failures by the pacemaker plant to account for nuclear materials or any balance discrepancies These requests include all agency records whether they currently exist in NitU ollicial, work ing," investigative or other files, or at any other location, including privale residences il oci essary, please feel free to respond to this request as you get documents relating to the <lif terent portions of this request, and to treat each subcategory as a different request.

I request that the fees be waived, because " finding the information can be consiilercel as pri marily benefitting the general public." 51J.S.C. 532t a t ( 11, The Valley News I)ispatch is a dail.s newspaper in the area where Numec, now IMW, operates. As a staff writer, I have a need f or the information requested as part of an ongoing monitoring project on the past and present actions of the pacemaker plant and Numec facilities for the purpose of serving the public intere.sts.

For any documents or portions of documents that you deny due lo a specific Fol A exemption.

please provide an index itemizing and describing the documents or portions of documents uith held. The index should provide a detailed justification of your grounds for claiming each exemp lion, explaining why each exemption is relevant to the document or portion of the document withheld. This index is required under Vaughn v. Itosen (I),484 F. 2d H2n e l) C Cir I!G:h. cert denied 415 U.S. fr/7 (!!G4i.

I look forward to your request within ten days.

Sincerely.

fiebecca Conroy Staff Writer Valley News Dispatch 210 Fourth Ave.

Tarentum, Pa.15084 (412) 224-4321 E nclo5de-t C THE VAtL8Y Nfw% Ol% PATCH A GANNitt NEW5FAPER. 95 PRINIID 8f fHe NtW5 PRINilNG CO WHK H AL SO PUlll WHi % IHf Hv w a8' sA e 6ttLLS NfwS MCO#D N 44cCANDLt$$ TWP + THf BUitte couN1y NtWS IN Zitf(NOPtf PA AND e THE MtaatD IN %HAeP%fuser,

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Vin 1nt.-lem. aller,m1 in 1*otice of V,lolation,' Appendix li to Rep,uint ory 0;i. rat.ienr. l et t.cr, dat ed Junc 5, 1974.

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. 1. Ylolati.on No.1 -- The Kotice of Viointion alleger. that cont rk ry t o )icertse covkit t.nn 7.3, unteri: 1 ::t.atu:: repor: r for plutowiv.w 23!! u. re ncit r ubmit ted for ::ny of tho.s.c months in enl endar y :: 10*/3 la ubich 1:e:11 C actrolly possenned such n: tet::.-i .

Aur .:cr: P.0:tF,C adait r: 1.hu violePion, llo.iever, Ki'MrC he).:evea thet th: re a rc e :n r nun t inr. ci d rd t i r. ' 8 in". f ':' 'o r t-v;1.ich n:..ki 11 c.puroprini:c t o redece th: p>:opor.ed per.nli.y. .

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vor. invcsi vr d. The intecin) in epicatina nor. o part of n

r. c. l a .r. . t .: a.sid dit.l:Jne t pc rt.ica ni h*0H4;C 's c.pe,rr.t lon rel atii.J.

to heat: sources for heart pacemakers.! Althour,h the e.riterin) to covevt.6 uont r KUMEC' t: licenne .v:ii c14, i.t unuld int req.sh:c fillhg of AEC l'orm 742 if it - crc a cepar..t .1 y-housed Traillef c.id tieparately itcenst t' . (O c t. 10 C.".r..

70.53 (n)) . 11ai.< : ver, the req. i red rcr orte vern subt..i.;cd on Februcry 2,1974. -

Eul;EC nico ruhwitn that the violnt :nn h i.oned na threct .

to ntstimir:) nccurity. Accordin:9 y, EU; is:C t.eb.'it:: that the 1:3p'JU S 110D of a CidI {mnM1ty .I.P hot Uprr.i'.!ted Or 3 33 C miD fA.UP., ish M d d h O E P.d D O C d t o a D o m i n a l C*. .d .

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