ML20235L227
| ML20235L227 | |
| Person / Time | |
|---|---|
| Issue date: | 07/13/1987 |
| From: | Grimsley D NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM) |
| To: | Trosten L LEBOEUF, LAMB, LEIBY & MACRAE |
| Shared Package | |
| ML20235L230 | List: |
| References | |
| FOIA-87-288 NUDOCS 8707160619 | |
| Download: ML20235L227 (4) | |
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, . f*ieg RESPONSE TYPE i RESPONSE TO FREEDOM OF C@ I **' @^""'
F[' / INFORMATION ACT (FOIA) REQUEST
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Jul.131987 OOCKET NUMBER 4Si 4// especeber STER
/?)z MosMeD T]?oS ten' PART 4.- RECORDS RELEASED OR NOT LOCATED (See checked bonest No agency records subiect to the request have been located.
No additenal egency records subtset to the requeM have been located.
Agency records subpect to the request that era adentified in Appendia are already available for public irspection and copying in the NRC Public Document Room, 1717 H Street, N.W., Washington, DC.
Agsncy records subpset to the request that are identrfied in Apowndia b
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Room,1717 H Street, N W , Washington, DC, in a folder under this FOlA number and requester name are being made available for public inspection and copying in the NRC Pubhc Document l
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The rionproprietary versson of the proposalls) that you agreed to accept in a telephone conversation with a member of my staff es now being made avadable for public inspection and Coying at the NRC Public Document Room 1717 H Street, N W , Washengton, DC. In a fo6 der under tNs FOIA number and requester name
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Enclosed . ...ormation on how you may obtain access to and the charges for copymg records peaced in the NRC Public Document Room,1717 H Street, N.W., Washington, DC.
Agency records subtect to the request are enclosed. Any applicable charge for copies of the recoros provided and payment reocedures are noted in the comments secten.
Rscords a t to the request have been refened to another Federal agencyties) 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 PART ll.A-INFORMATION WfTHHELD FROM PUBLIC DISCLOSURE
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) Certzin information in ene requested records is being witnheid from pubnc disclosure pursuant to the FOIA exemptions desenbed in and for the reasons stated in Part II, sec-tions B, C, End D Any tweased portions of the documents for which only part of the record a being withheld are being made available for public inspecten and copying in the NRC Public Document Room,1717 H Street, N.W , Washington, DC, in a folder under tes FOIA number and requester name.
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h TURE, DIRECT A. DfVI OF RU) E$ AND RECORDS w i.
M B707160619 870753 PDR FOIA TROSTENB7-288 PDR FOAM 444 (Ps.10
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I FREEDOM OF INFORMATION ACT RESPONSE FOIA NUMBERISt [68- h 3Ih DATE: JUL l 3 lbbf PART 11 B- APPLICABLE FOIA EXEMPTIONS Rscords subject to the request that are desenbed 'n i the enclosed Appendices are being withheld in their entirety or in part under FOIA Extrnptions and for the reasons set forth below pursuant to 5 U.S.C. 552(b) and 10 CFR 9 5(a) of NRC Regulations.
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- 1. The ethhe6d information a properly classrfied pursuant to Executive Order 12356 (EXEMPTION 1) 2 The wthhe6d information relates solely to the intemal personnel rules and procedures of NRC. (EXEMPTION 2)
- 3. The withheld information is specifically exempted from public disclosure by statute indicated: (EXEMPTION 31 Secten 141 145of the Atome Energy Act whch prohibits the disclosure of Restrcted Data or Formerly Restncted Data 142 U.S C. 2161-2165).
Section la7 of the Atomc Energy Act whch prohibits the disclosure of Unclassified Safeguards information 142 U.S C. 2167).
- 4. The withheld information a a trade secret or commercial or financial mformation that is being withheld for the reason (s) indicated. (EXEMPTION 4)
The mformation a considered to be confoential business Ipropnetary) information The mformation is considered to be propnetary information pursuant to 10 CFR 2.790tdHij
_ j The information was submitted and received in confidence from a foreign source pursuant to 10 CFR 2.790(dH2L
- 5. The withheld informanon consists of interagency or mtraagency records that are not available through discovery dunng litegation. Declosure of predecmional information would tono to inhibit the open and frank exchange of ideas essential to the dehberative process Where records are withheld m their entirety, the facts are inextricably mtertwmed with the predecisonal mformston There also are no reasonably segregabte factual portions because the re6 ease of the facts would permit an mdirect mouiry mto the predeceional process of the agency. (EXEMPTION 51
- 6. The withheld information is exempted from public disclosure because its disclosure would result in a clearly unwarranted invasion of personal privacy. (EXEMPTION 6)
- 7. The withheld information consists of usvestigatory records comoded fcr law enforcement purposes and is being withheld for the reasonis) indicated IEXEMPTION 7) l l
Disclosure would interfere with an enforcement proceeding because it could reveal the scope, direction, and focus of enforcement efforts and thus could I possibly allow them to take action to shield potential wrongdoing or a violaton of NRC requirements from mvestigators. (EXEMPTION 7(All I
Osclosure would constitute an unwarranted invason of personal pnvecy (EXEMPTION 7lCil The informaton consists of 1ames of individuals and other information the disclosure of which would reveal iderstities of confidential sources. (EXEMPTION 740))
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! PART II.C-DENylNG OFFICIALS Pursuant to 10 CFR 9.9 and or 9.15 of the U S. Nuclear Regulatory Cornmrss on regulatons, it has been determined that the mformaton withheid e exempt from production or disclosure, 2nd thtt its production of disclosure a contrary to the public mterest. The persons responsible for the densal are those offciais identified be4ow as denying officiais and the Director.
l Divison of Rules and Records. Offre of Admmistraton. for any densais that may be appealed to the Executive Director for Operations (EDot l
l OENylNG OFFICIAL TITLE /OF FICE RECORDS DENTED APPELLATE OFFICIAL SECRET ARY EDO esviw a pur& mwaro$ GM Men >acx F X l
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l PART 11 D- APPEAL RIGHTS The denial by each denying official identrfied 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. Appeels must be addressed as appropriate to the Executive Director for Operations or to ths Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555, and should clearly state on the envelope and in the letter thzt it is an " Appeal from an butial FOIA Decision."
- c For.M as4 trari 21 U.S. NUCLEAR REGULATORY COMMISSION tm FOIA RESPONSE CONTINUATION w_____________________ _ _ _ - _ _ _ _ _ _ _ _ _ _ _ _
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Re: F0IA- 77-7 F I !
APPENDIX h l RECORDS MAINTAINED IN THE PDR UNDER THE AB0VE REQUEST NUMBER NUMBER DATE DESCRIPTION
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LEBOEUF, LAMB, LElBY & MACRAE A PARTNCRSMiP thCLUDING PROrtS$iONAL ConPORATiOws 13 33 N EW H AM PSHIR E AVEN U E, N.W.
WASHINGTON, DC 20036 azoz 4s7 7soo TELEX.440274 FACSIMILE: 202 457 7510 NEW YORN NY 80STON,MA SALT LAKE CITY, UT * "' ' "'" ^ '
SOUT M PORT, CT LONDON, ENG LAN D RALElGN,NC NEWARK,NJ SAN FRANCISCO, CA ALBANY NY LOS ANGELES, C A JAC MSO NVILLE, FL
' EREEDOM OF INFORMATm May 19' 1987 1, ACT REQUEST fo VIA HAND DELIVERY On>IR-274 s-l9-97 99 Director, Office of Administration U.S. Nuclear Regulatory Commission Washington, D.C. 20555
Dear Sir:
Pursuant to the Freedom of Information Act (FOIA), 5 U.S.C.
S 552 (1982 & Supp. III 1985), and 10 C.F.R. S 9.8 (1987), I hereby request copies of the following documents:
- 1. SECY-87-ll6, Existing Licenses Authorizing Import of Uranium of South African Origin (May 7, 1987)
(including any appendices, exhibits, or other attached or referenced documents) .
- 2. Any memoranda, correspondence, or any other documents in response to the March 5, 1987 letter from the Hon.
Alan K. Simpson, U.S. Senate, to the Hon. Lando W.
Zech, Jr., Chairman, U.S. Nuclear Regulatory Commission.
- 3. Any memoranda, correspondence, or any other documents of, to or from the Nuclear Regulatory Commission used in the preparation of either (i) SECY-87-116; or (ii) any memoranda, correspondence, or any other documents in response to the above-referenced March 5, 1987 letter.
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Director, Of fice of Administration May 19, 1987 Page 2
- 4. Any memoranda, correspondence, or an;. other documents of, to or from the Nuclear Regulatorf Commission regarding either (i) SECY-87-116; or 'ii) any memoranda, correspondence, or any other documents in response to the above-referenced March 5, 1987 letter.,
- 5. Any memoranda, correspondence, or any other documents of, to or from the Nuclear gegulatory Commission, dated since March 4, 1987,l/ r eg a rd ir.g (i) its December 31, 1986 amendment to 10 C.F.R. Part llc; (ii) License No. ISNM-83-025 (Docket No. 110-3365);
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(iii) License Application No. ISNM-87-005 (Docket No.
110-3928); or (iv) the interpretation or implementation of the Comprehensive Anti-Apartheid Act of 1986.
I agree to pay up to $100 for the copies of these d ocume n t s . If the charges exceed this amount, please contact James W.
Moeller at (202) 457-7500 to receive an authorization for additional charges.
Sincerely yours, YW(&
Leonard M. Trosten LMT:gmf 1/ I previously filed a FOIA request on March 4, 1987.
FOIA-87-138. Item 5 of the present request is intended to update that previous request.
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.. .. ,, ,, ,\ hNtu t a4 REGul AluRY Q MMishit er.
UNt1 ED ST ATE S i -, % ,, , f 'e, . .v. . e.m . . . . . ..
JAM A 7 W Mr. Cerlton Thorne, Director Office of Nuclear Export / import Control Pureau cf Oceans a6d Internatior.61 )
Environmental and Scientific fffairs i U.S. Department cf State Washington, DC 20570 , f I
Dear f8r. Thorne:
Subsequent to the passage of the Comprehensive Anti-Apartbeid Act of 19P6 and in the absence of further implementing regulaticrs still under consideration )
by the Executive Brtoch, NRC impcrt regulations were revised to delete the
' general import license authority in 10 CFR 110 to require specific licenses for the import of any uranium of South Af rican origin. This change became
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! effective December 31, 198f.
l However, there are a number of valid, previously issued import licenses which were issued prior to the broacening of our general import provisions in 1,965 j and which remain available for the licensee's use. Lle have identified ten- //
outstanding licenses with expiratico dates extending into 1987 and beyond.
These are tabulated ir the attachnient to this letter.
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' At least one shipment of South African origin material amounting to 4,P00 kilograms of low-enriched uranium, in the form of UF , is known to have beerWe imported against one of these licenses (ISNM83011) skrce January 1,19S7.
are not aware of any other proposed imports under these licenses in the immediate future, but the possibility of additicnal imports cannot be ruled e
out.
We are considering what action, if any, might be appropriate with respect to these existing licenses. We would appreciate your views and connents on this matter before we submit any recommended course of action to the Comission.
Sincerely, 1
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w-Marvin R. Peterson, Assistant Director Export / Import and International
,n gy' JO U., /;~[h ~
Safeguards Office of International Programs 4
Attachment:
g As stated cc w/ attachment:
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s7 ho aaa ____-__ - . -
l license f!n./Licensec Expires
- 1) h8019 Edlow International Co. December 31, 1900 '
Unlimited Ouantities of Source idaterial in ary form.
- 2) ISNFE$001 Festinchouse Electric Corp. December 31, 1990 75,2?5 Kilcgrams li enriched to 3.f.9
- 3) ISNM81017 Transnuclear, Inc. Janua ry 1,19P,8 241.252 Vos (I enric'ed r to 907 ard 5.7a6 Kns Pu ir scent fuel a) ISW8?015 Phibro-Salomon, Inc. October 1,1987 500,000 kgs U, including nomal 11 l end U enricFed to 5*, in ery form cycept spent fuel
- 5) ISNM82010 Separative Work Unit Corp. October 1,1987 a) 2,000,000 pounds natural U in dny form b) 300,000 kilograms enriched U to 5% in any form
- 6) ISNM82020 Edlow International Company December 1,1992 5,000,000 kilograms V enriched to 5% as UF6 and UO 2
- 7) ISNP83003 New York Nuclear Corporation February 4,1988 5,000,000 kilograms U enriched to 5%. No form specified.
- 8) ISNMP3005 Transnuclear, Inc. April 1, 1988 l 500,000 kilograms U enriched to 5%. No form specified.'
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License fio./ Licensee Expires 4
) 9) 15W83011 j Braurikohle Transport, USA July 1, 1988 5,000,000 kilograrrs l' natural arc' enriched to 4t 101 ISt4P83025 Ener f.'uclear Co. , Ire. January 1,1989
, 9?5,000 kilogranis U enriched ,tc 5%
- 11) ISWE4012 Ir,ternational Energy Assoc.,, Ltd. January 1, 1988 1600 kilograms U enriched to 5!
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