ML20234D390

From kanterella
Jump to navigation Jump to search
Final Response to FOIA Request for Documents.App B Documents Encl & Available in Pdr.App C Documents Completely Withheld (Ref FOIA Exemption 5)
ML20234D390
Person / Time
Issue date: 12/31/1987
From: Grimsley D
NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM)
To: Devic M
STERIGENICS INTERNATIONAL (FORMERLY RADIATION STERILI
Shared Package
ML20234D394 List:
References
FOIA-87-809 NUDOCS 8801070006
Download: ML20234D390 (4)


Text

{{#Wiki_filter:_ _ _ _ _ _ _ _ _ _ . _ . . _ . _ _ . ga%4.k  !' , F01A-87-709

y. REiPONSE TYPE
    -     m.        g                                                                                                  -
    !                                                     RESPONSE TO FREEDOM OF                                                                        X l ri=*t                                 l lP4R=

(e s.ee [

                                                                                                                                                         ^"

INFORMATION ACT (FOIA) REQUEST DEC 311987 DociLET huusEntsi w esoweem AEOUESTER Hr. M. Michael Devic PART f.-RECORDS RELEASED OR NLef LOCATED (See checked bones) No agency records subpoet to the request have been located. No additionel agency records subpoet to the request have been located. Agency records subrect to the request that are identifed in Appenda are already available for pubhc inspecten and copying in the NRC Pubhc Document Room, 1717 H Street. N W., Washington, DC . y Agency records subpoet to the request that are identifed in Appendis O are being maae availaNe for puNic inspection and copying in the NRC Pubhc Document Doom,1717 H Street, N W., Washington, DC, in a folder under the FOIA number and requester name. The nonproprietary verson of the proposalis) that you agreed to accept in a telephone conversation with a member of my staff is now being made available for pubhc inspecten and coying at the NRC Public Document Room.1717 H Street, N W., Washington, DC, in a fokter under the FOlA number and requester name. Enclosed is informaton on how you may obtain access to and the charges for copying records placed in the NRC Pubhc Document Room,1717 H Street, N W., Washington. DC. Agency records subpect to the request are enclosed Any apphcable charge for copes of the records provided ant

  • payment procedures are noted in the comments secten.

Records subrect to the request have been referred to another Federal agency (ies) for review and direct response to you. In vow of NRC's response to the request, no further action is being taken on appeal noner dated PART H.A.-INFORMATION WITHHELD FROM PUBLIC OlSCLOSURE Certain informaten in the requested records e being witnheid from pubhc disclosure pursuant to the FOIA exemptions desenbod in and for the reasons stated in Part ti, sec-tons B. C. and D. Any released portens of the documents for which only part of the record a being withheld are being made available for pubhc inspecten and copying in 5 the NRC Pubhc Document Room,1717 H Street, N W., Washington, DC, en a folder under this FOIA number and requester name. Comments l I i l l ORECORDS \ SIGNJAJ)R kRECTOR k OlvlSION 05 RUMLESau l _0  ;-/l l l . 88ogo70006 871231 , FOIA PDR l h1C07-BOL NT.C FORM 464 iPeet p tem f f NY

  • FREEDOM OF INFORMATION ACT RESPONSE FOIA NUMBER (St 87-709 DATE: hkh 31 W PART 11 B- APPLICABLE FOIA EXEMPTIONS l Records subject to the request that are described in the enclosed Appendices C are being withheld in their entirety or in part under FOIA Exemptions 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 a properly classif.ed pursuant to Executive Order 12356 (EXEMPTION 11
2. The withheld information relates solely to the intamal personnel rules and procedures of NRC. (EXEMPTION 2)
3. The withheld information is specifically exempted from public dsclosure by statute indicated: (EXEMPTION 3)

Section 141145 of the Atomic Energy Act which prohibits the disclosure of Restncted Data'or Formarty Restricted Data i42 U S.C. 2161-2165L Section 147 of the Atomic Energy Act which prohibits the disclosure of Unclassified Safeguards information (42 U S.C. 2167L l

4. The withheld information as a trade secret or commercial or financialinfoemation that is being withheid for the reason (s) indicated (EXEMPTION 4)
                                                                                                                                                                                                   ]

The informaton is considered to be confidential business (propnetary) information. The information is considered to be propnetary information pursuant to 10 CFR 2 790(dH11. The information was submitted and received in confidence from a foreign source pursuant to 10 CFR 2 790(dH2). ,

                                                                                                                                                                                                   \

i S. The withheid mformaton consists of interagency or intraagency records that are not available through discovery during litigation, Osclosure of predecisionalinformaton f would tend to inhibit the open and frank excriange of ideas essental to the deliberative process. Where records are withheld in their entirety, the facts are inextricably l X i mtertwmed with the predecrsonal informaton. There also are no reasonably segregable factual portons because the release of the facts would permet en mdirect inquiry eto the predecisonst process of the egency. (EXEMPTION 5)

6. The withheid information is exempted from public disclosure beceuse its disclosure would result in a clearly unwarranted mvason of personal pnvacy. (EXEMPTION 6) i
7. The withheid information consists of investigatory records compded for law enforcement purposes and a being wrthheld for the reason (s) indicated. (EXEMPTION 7) j Doctosure would interfere with an enforcement proceeding because it could reveal the scope direction and focus of enforcement efforts. and thus could possably allow them to take action to shield potential wrongdoing or a volation of NRC requirements from mvestigators. (EXEMPTION 7(AH l Deciosure would constitute an unwarranted invasion of personal pnvecy (EXEMPTION hCH l The information consets of names of individuals and other informaton the disclosure of which would 7eveal identities of confidential sources. (EXEMPTION 7(DH l PART H.C-DENYING OFFICIALS Pursuant to 10 CFR 9 9 and /or 9.15 of the U S Nuclear Regulatory Commason regulatons. it has been determmed that the informaton withheld is exempt from producten or disclosure, and that its production or disclosure e contrary to the publec interest. The persons responsible for the denial are those officiala identified below as denying officials and the Director, Devic. ion of Rules and Records. Office of Admmistraton. for any denials that may be appealed to the Executrve Director for OperationsiEDOL DENYING OFFICIAL TITLE / OFFICE RECORDS DENIED APPELLATE OFFICIAL j SECR m Ry EDO Director, Office of Nuc lear Hugh L. Thompson C-1 Material Safety & Safeg ;ards X Regional Administrator C-2, 3s 4&5 l

Bert Davis Region 111 X i Deputy General Counsel for James P. Murray C-6 X Hearinas & Enforcement 1 l PART 11 D- APPEAL RIGHTS The denial by each denying official identified in Part ll.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 20565, and should clearly state on the envelope and in the letter j that it is an " Appeal from an initial FOIA Decision." r.C PoRs4 as4 (Part 21 U.S. NUCLEAR REGULATORY COMMISSION

  *am                                                                  FOlA RESPONSE CONTINUATION                                                                                                  ;

Re: F0!A-87-709 APPENDIX B RECORDS MAINTAINED IN THE PDR UNDER THE ABOVE REQUEST NUMBER

1. 4/1982 Draft Regulatory Guide and Valve /ImpactTStatement -

Qualifications for the Radiation Safety Officer in a Large-Scale Non-Fuel-Cycle Radionuclides Program. (17 1 pages)

                                                                                                       -{
2. 11/6/84 Memo R. E. Cunningham to Regional'A'ministrators/

d Branch Chiefs re: Policy and Guidance Directive FC 84-18: Transportation of Irradiator Units Not Meeting Current 1 Requirements of 10 CFR Part 71.- (2 pages)

3. 5/16/85 Memo J. A. Hind to R. L. Spessard re: Inspection of Large .

Irradiators w/ attachments. (8 pages)

4. 11/26/85 Memo W. L. Axelson to 8. S. Mallett re: Licensing of Pool 3 Irradiators Greater than 10,000 Curies.- (2 pages)
5. 12/18/85 Memo W. L. Axelson to D. J. Sreniawski/D. G. Wiedeman Inspection Guidance for Pool Irradiators w/ enclosure. (5 pages)
6. 3/13/86 Memo W. L. Axelson to L. I. Cobb re: Inspection of Large Pool Irradiators Prior to Issuance of a License w/ attachments. (22 pages)
7. 7/7/86 Inspection and Enforcement Manual. Chapter 2815 Construction and Preoperational Inspection of Panoramic, Wet-Source-Storage Gama Irradiators.-- ( 7 pages)
8. 1/28/87 Ltr J. A. Hind to A. Chin w/ attachment. (2 pages)
9. 2/3/87 Memo for License File re: Minutes of Meeting Concerning Maintenance of Safety Systems for Irradiator Facilities.

(2 pages)

10. 3/11/87 Ltr N. W. Golchert to A. Januska.- (1 page)
11. 3/18/87 Memo R. Lickus to Multiple Addresses re: Notification of 1 Significant Enforcement Action w/ enclosure. (2 pages)
12. 3/20/87 Mews Announcement 87-24. (1 page) )j
13. 4/8/87 Inspection and Enforcement Manual Chapter 2800, j Materials Inspection Program. (24pages) 1 i

Re: FOIA-87-709 APPENDIX C RECORDS TOTALLY WITHHELD EXEMPTION 5

1. 10/12/84 Memorandum from Cunningham for Regional Adntinistrators and Branch Chiefs, Division of Fuel Cycle and Material Safety,NMSS, subject:. Policy and Guidance Directive FC 84-XX: Transportation of Irradiator Units Not Meeting Current Requirements of 10 CFR Part 71. (2 pages)
2. 1/27/87 Memorandum from Schultz for File, subject: Radiation Ster 111zers, Inc., License No. 04-19644-01, Enforcement Board Briefing w/ attachments. (9 pages)
3. 2/23/87 Memorandum from Schultz for Enforcement Conference Attendees, subject: Enforcement Conference, Radiation Sterilizers, Inc., Proposed Civil Penalty, License No.

04-19644-01 w/ sign-in sheet. (3 pages)

4. 2/25/87 Memorandum from Grobe for Beach, subject: Radiation Sterilizers, Inc., Proposed Civil Penalty w/ enclosures.

(14 pages)

5. 6/2/87 Memorandum from Davis.for Lieberman, subject: Radiation Sterilizers Incorporated Order Imposing Civil Monetary Penalty w/ enclosures. (20 pages)
6. 7/7/87 Memorandum from Schinki for Lieberman, subject: Radiation Sterilizers. Inc., (EA-87-28) w/ enclosure. (10 pages)

I i i

                                                                              )

1 l 1 _-_______w

F -- i

          - -.iii -.- -,.ii.- -QQ-E                              _;
                ,                      .R           -

F 5 m .m_.m- r _ _ .

                                                                     ,,,9 si       . b october 13, 1987                                                      F.,.. a,.ei C/ ". cc,t,3,1g34
 . - - --M s . Kathy Anderson                                                                     MI IkQ MOI United States Nuclear Regulatory Commission                                O(( j'/ =-)h Freedom of Information Act - Coordinator '
  ~ ~ ~

Region III 199. Roosevelt Road k /d"'/k-[ } Glen Ellyn,' Illinois 69137 1

Dear Ms. . Anderson:

In accordance witn the provisions of < thw Freedem of Information Act,

  - -                4 would like to : request photocopies of- the following idocuments ,
  ,                  materials and/or publicationsifrom yout office:
   -- -- .             1. ) . A complete copy of inspection reports, notes, minutes of internal NRC meetings and any otheri pertinent information
        .       .             and subsequent correspondence covering the inspections of Radiation Sterilizers, Inc. 395 Enterprise Drive '

Westerville, Ohio 4-3981 'and Radiation Sterilizer s, Inc. 711 Best Cooper Court scIUiumburg , ,IL L inois 69173 conducted by Mr. Jim Lynch et-al.in' January of 1997. uu-2.) I would also like to requwst a photocopy of any available I_nspection Manual (s) used by inspectorsein your region as guidelines o;r criteria in conducting lidensee inspections and/or audits of cominwrcial irradiators.or radiation

   ===                        facilities.

3.) In addition please . forward e photocopy gf material referred to as. Draft Inspection Report f or Indus trial - Facilitiest Manual Chapter (s[ 2989. Copies of these items together with' an . invoice' for per tinent charges can be sent to my attention at the . addriesa specified herein.-

    ~~           ~

Thank you in advance. for your : prompt j attention and . assistance with t this request.- Sincerely, I h-M. Michael Devic

    - _ yice-President, Regulatory Affdits 15end to:

M. Michael Devic Radiation Sterilizers, .Inc. 2399.Mellon Court f i 6, }98/l Decatur, CA 39935 I4MD/Ims i-

     ..           . Radiation Sterilizers incorporated. 2300 Mellon Court. Decatur, Georgia 2003s/ . uphone: (404)D41-4077 kN ONY A P-                                                                  - - - - - _}}