ML20216B583
| ML20216B583 | |
| Person / Time | |
|---|---|
| Issue date: | 06/23/1987 |
| From: | Grimsley D NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM) |
| To: | Conroy R VALLEY NEWS DISPATCH, TARENTUM, PA |
| Shared Package | |
| ML20216B591 | List: |
| References | |
| FOIA-86-568 SECY-77-125, NUDOCS 8706300109 | |
| Download: ML20216B583 (3) | |
Text
U.S. NUCLEAR RE!ULATORY COMMISSION hEoutst NUwe os
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- INFORMATION ACT (FOIA) REQUEST JIJN 2 3 tony l
DOCKET NUMBERiss i/r e'p47,Laniet j WE0VESTER
$ $$ Sh AYS l PART 1.-RECORDS RELEASED OR NOT LOCATED (See checAed bonesi l
Ni egency records subject to the request have been located. j 4
No additional egency records subact to the request have been lovsd. !
I Agency records subject to the request that are identified in Appendix are already available for public inspection and copying in the NRC Public Document Room, 1717 H Street, N.W., Washington, DC.
Agency records subject to the request that are identified in Appendix are being made available for public inspection and copying in the NRC Public Document Room,1717 H Gtreet, N.W,, Washington, DC, in a folder under this FOIA number and requester name.
The nonpropnetary version of the proposalls) that you agreed to (ccept in a telephone conversation with a member of my staff is now being made available for public inspection and coying et the NRC Public Document Room,1717 H Street, N W., Washington, DC, in a folder under this FOIA number and requester name. j Enclosed is information on how you may obtain access to and the charges for copying records placed in the NRC Public Document Room,1717 H Street, N.W,, Washington, OC, h
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 section. .
Records subject to the request have been referred to another Federal agency (ies) for review and direct response to you. )
in view of NRC's response to this request, no further action is being taken on appeal letter dated j PART ll.A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE C:rtain information in the requested records is being withheld from public disclosure pursuant to the FolA exemptions desenbad in and for the reasons stated in Part II. sec- l tions B, C, and D Any released portsons of the documents for which only part of the record is being withheld are being made available for public inspection and copying in l the NRC Public Document Room,1717 H Street, N.W., Washington, DC, in a folder under this FOIA number and requester name. j Comments 1
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SIGNATU IRECTOR, DMS RULES AND RECORDS 4
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PART II.5- APPLICABLE FOIA EXEMPTIONS -
R? cords subject to the request,that are described in the enclosed Appendices ~ are being withheld in their entirety or in part under FOIA Exmptions and for,the reasons set forth below pursuant.to 5 U.S.C. 552(b) and 10 CFR 9.5(a) of NRC Regulations.
- 1. The withheld information is properly classified pursuant to Executive Order 12356 (EXEMPTION II -
- 2. The withheld information relates solely to the internal personnel rules and procedures of NRC. (EXEMPTION 2) ~ .
- 3. The withheld information is specifically exempted from public disclosure by statute indicated: (EXEMPTION 3) l y Secten 141146 of the Atomic Energy Act which prohibits the disclosure of Restricted Data or Formerly Restricted Data (42 U.S C. 21612166).
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Section 147 of the Atomic Energy Act whech prohibits the disclosure of Unclassified Safeguards Information 142 U.S.C. 2167).
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4, The withheld information is a trade secret or commercial or financial information that is being withheld for the reason (s) indicated; (EXEMPTION 4)
, The information is considered to be confidental business (proprietary) information.
The information is considered to be proprietary information pursuant to 10 CFR 2.790(dit1).
The information was submitted and received in confidence from a foreign source pursuant to 10 CFR 2,790(dH2).-
- 5. The withheld information consists of interagency or mtraagency records that are not ovellable through discovery during litigation. Disclosure of predecisional information .
would tend to inhibit the open and frank exchange of ideas essential to the deliberative process. Where records are withheld in their entirety, the facts are inextricably intertwined with the predecisenal information. There also are no reasonably segregable factual portions because the telease of the facts would permit an indirect inquiry mto tne predeces onal procoes of the egency. (EXEMPTION 5)
- 6. The withheid information is exempted from public disclosure because its disclosure would result in a clearly unwarranted invasion of personal privacy. (EXEMPTION 61
- 7. The withheld information consists of investigatory Fecords Compiled for law enforcement purposes and is being withheld for the reason (s) indicated. (EXEMPTION 7) -
Disclosure would interfere with an enforcement proceeding because it could reveal the scope, direction, and focus of enforcement efforts, and thus could ~
posa4Diy allow them to take action to sheeld potential wrongdomg or a violation of NRC requirements from investigators. (EXEMPTION 7(A))
r Disclosure would constitute en unwarranted invasion of personal privacy (EXEMPTION hCH
[ The information consists of names of individuals and other information the disclosure of which would reveal identities of confidentel sources, (EXEMPTION 7(DH PART ll.C-DENYING OFFICIALS Purituant to 10 CFR 9.9 and/or 9.15 of the U S. Nuclear Regulatory Commission regulations, it has been determined that the information withheld is exempt frorn production or disclosure, rnd that its production or disclosure is contrary to the public interest. The persons responsible for the denial are th9se officials identified below as denying officials and the Director, Divtion of Rules and Records, Office of Administration, fut any denials that may be appealed to the Executive Director for Operations troon.
DENYING OFFICIAL TITLE / OFFICE RECORDS DENIED APPELLATE OFFICIAL .
SicRETARY EDO CM9cHMV n ss z s n c m g D-) X, .
o PART la D-APPEAL RIGHTS
- The denial by each denying official identified in Part II.C may be appealed to the Appellate Official identified in that section. Any such appeal must be in writing and must be made within 30 days of receipt of this response. Appeals must be addressed as appropriate to the Executive Director for Operations or to the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20566, and should clearly state on the envelope and in the letter ' ,
that it is en "Appeel frorn an initial FOIA Decision. .
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Re: FOIA- [ 'Id APPENDIX 'O RECORDS PARTIALLY WITHHELD NUMBER DATE DESCRIPTION &' EXEMPTION
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1 Valley News Dispatch ;
GENERAL 04Kt5
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July 22. !!m6 ll.S. Nuclear llegulatory Commission j a
Division of Rules and itecords i Attn: FOIA Branch FREEDOM OF INFORMATION Washington, D.C. 20555 ACT REQUEST FotA -2 6 -g y Dear Sir.
- d Q y, This is a request under the Freedom of Informatmn Act as amended i5 tLS C 331 >
As a staff writer for the Valley News Dispatch I am requesting the following agency documents related to Numec facilities (Nuclear Materials & Equipment Corp.),later known as the llabcock
& Wilcox Co. (B&W) located in Apollo and Parks Township, Pa.
1,) Any and all Discard Reports pertaining to either or both Numec fac_ilities in Apollo and Parks, including any subsidiary companies within the facilities. I understand these reports m-clude the effluent release data a licensee is required to submit. 1 2.) Any and all MUF Reports pertaining to the Numec facilities.
3.) All Nuclear Material Transport Iteports, known as Form 74t. which tracks the movement of nuclear material from one license to another or to another facility.
4.) All Material Status Reports, or Material Balance Reports, known as NitC Form 742, which give a balance report of any Special Nuclear Material received. produced, possessed. transferred.
consumed, disposed of or lost by the licensee.
If portions of these reports are classified, I request your agency begin declassification proce-dures since I am not seeking information pertaining to national security. but instead am inter-ested in the consumed, disposed of and lost portions of materials included in those reports. At'the very least those portions should be available to the public.
I understand these material status reports were submitted every two months for high enriched '
uranium, every six months for low enriched uranium and once a year for source nuclear materi-als.
If the reports pertain only to AEC (NitC's predecessor) or U.S. government owned and leased materials are there other reports pertaining to contract material and how may I receive informa-tion on those materials?
5.) Any and all documents pertaining to investigations or operation inspections related to any failures by Numec to account for nuclear materials or any balance discrepancies.
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Valley News Dispatch GENERAL OFFICis
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- 1 ARINillM I' A 191Hd * (4171 224dl23 These requests include all agency records whether they currently exist m NitC ollicial, " work-ing," investigative or other files, or at any other location, including private residences.11 nee-essary, please feel free to respond to this request as you get documents relating to the dillerent 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 considered a.s pr:-
marily benefitting the general public." 5 U.S.C. 552(a) (4) . The Valley News l>ispatch is a daily newspaper in the area where Numec, now B&W, operates. As a staff writer, I have a need for the j
information requested as part of an ongoing monitoring project on the past and present actions of the Numec facilities for the purpose of serving the public interests.
For any documents or portions of documents that you deny due to a specific FOIA exemption.
please provide an index itemizing and describing the documents or portions of documents with-held The index should provide a detailed justification of your grounds for claiming each exemp tion, explaining why each exemption is relevant to the document or portion of the document withheld. This index is required under Vaughn v. Itosen (ll 484 F. 2d 820 i t).C. Cir.19731, cert. '
denied 415 U.S. 977 (1974).
I look forward to your request within ten days.
Sincerely, be r
itebecca Conroy Staff Writer Valley News Dispatch 21u Fourth Ave.
Tarentum. Pa.15084 (412) 224-4311 THE VALLEY NEWS Of5 PATCH. A GANNtf f NEW5PAPIR.15 PRINf(D BY THE NEWS PRINTING CO WHICH ALSO PUBLl5Hf 5 fMI NOW'H -
Hill 5 NEWS RICORD IN McCANDLESS TWP
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