ML20235N986

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Partial Response to FOIA Request for Documents Re Proposed Reviews of NRC Research Programs & Policy.Forwards Documents Listed in App B.App B Documents Also Available in Pdr.App C Documents Withheld (Ref FOIA Exemption 5)
ML20235N986
Person / Time
Issue date: 07/15/1987
From: Grimsley D
NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM)
To: Ondash C
DEVONRUE, LTD.
Shared Package
ML20235N989 List:
References
FOIA-87-300 NUDOCS 8707200295
Download: ML20235N986 (5)
v • d • e


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/ INFORMATION ACT (FOlA) REQUEST '

JJC 151987 DOCKET NUMBER (Se ur oppkomer T.f0VES I f f t

( . '. bO . /)bbk P' ART 1% RECORDS RELEASED OR NOT LOCATED fSte checaea bonesi No agency records subtset to the request have been located.

No additonal agency records subloct to the request have Leon located.

Agency records subtect to the request that are identifed in Appp idia are already available for pubisc inspection and coppng in tf.e NRC Public Document Room, 1717 H Street, N.W., Washmgton, DC.

Agency records subloct to the request that are identified in Apoendix are being made available for public mspecten and copying in the NRC Public Document Room.1717 H Street. N W., Washington, DC, in a folder under the FOIA number and requester name.

The nonproprotary verson of the proposolts) that you agreed to accept m a telephone conversation with e enember of my staff is now being made avadable for public inspecten and coying at the NRC Public Docurrent Room,1717 H Street, N W., Washmgton, DC, in a folder under this FOIA number and requester name.

Encioned is mformsten on how you may obtam access to end the charDes for copyng records placed in the NRC Pubhc Document Room.1717 H St get, N.W., Washrngton, DC.

Agency records subject to the request are enclosed. Any applicab6e charge for copies of the records provided and payment procedures are noted in the comments secton.

Records subsect to the request have beeri referred do another Federal agency (es) for review and duect response to you.

In vow of NRC's response to the roovest, no further acton a bemg taken on appeal letter riated PART ll.A-INFORPAATION WITHHELD FROM PUSLIC DISCLOSURE Certam informaton m the requested records a being withheld from publc i declosure pursuar't to the FotA exemptons described in and for the reasons stated m Part it, sec.

tions B. C and D. Any released port *ons of the documents for which only part of the record a bemg withheld are being made a,aslable for public inspection and copymg m the NRC Pubic Document Room,1717 W Street, N W., Washmgton, DC, m a folder under ths FOIA number and requester name.

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FIEEDOM CF INFORMATION ACT RESPONSE FOIA NUMBERISI: h DATE; JUL 1 5 1987 PART h 8- APPLICA!LE FOIA EXEMPTIONS Records subje:t to the request that are described in the enr:losed Appendices 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(s) of NRC Regulations.

1. The withheld mformaten is properly cleasifed pursuant to Enocutive Order 12356 (EXEMPTION 1)
2. The withheld information relates solely to the intemel corsonnel rules and procedures of NRC. (EXEMPfl0N 21
3. The withheld informaton a specifically exempted from public disclosure by statute indicated- (EXEMPTION 31 Secten 141145 of the Atomic Energy Act which prohibits the disclosure of Restricted Data 'or Formerly Restncted Data (42 U.S.C. 216121651.

Secten 147 of the Atomic Energy Act which prohibets the doctosure of Unclassified Safeguards information 142 U.S.C.116').

4. The withheld inforrnason is a trade secret or commercial or finance l informaten that is bemg withheld for the reason (s) indcated: (EXEMPTION 4)

The informaton is considered to be confident;al business (propretary) information.

1 The information is considered to be propretary irformatica pursuant to 10 CFR 2.7901d)(1). l t

The information was submitted and racerved in confidence from a foreign source pursuant to 10 CFR 2.790idH2).

6. The withhe6d information consists raf mteragency or inlreagency records that are not available through discovery during litsgation. Declosure of predeces6onal information would tend to mhibit the open and frank enchange of edeas essental to the deliberative process. Where records are withheld m their entirety, the facts are inextricably intertwined with the predecmenal informaten. There also are no reasonably segregable factual porteone because the release of the facts would permit an mdwoct enquiry mto tne predeemenal process of the egericv. (EXEMPTION b)
6. The wrthheld information a siempted from public declosure because its declosure would result in a clearly unwarranted invasion of personal privacy. (EXEMFTION 6) l l

! 7. The wehe!d hfc stion cor.ah d4 ' wesugstorg n records compded for law enforcement purposes and is being withheld for the reason (s) indicated IEXEMPTION 7)

Declosure would eterfere with en enforcement proceeding because it could reve91 the scope, directen, and focus of enforcement efforts, and thus could possibly allow them to take action to sheid potential wrongdom0 or a volation of NRC requirements from investigators IEXEMPTION 7(AH i Declosure would constrtute an unwarranted invasion of personal privacy ! EXEMPTION 7CH The information consets of names of individuals and other informatic,n the disclosure of which would reveal identites of confidemial sources. (EXEMPTION 7(D)I PLRT 11 C4ENYING OFFICIALS Pursuant to 10 CFR 9 9 and/or 9.15 of the U S. Nuclear Regulatory Commesion regulatons, it has been de'ermmed that the information withheld o esempt from production or disclosure.

end thet its producten or declosure a contrary to the public interest. The pe sons responsible for the denial are those officals identified below as denying officals and the Director, Divuion of Rules and Records Office of Adminstraten for any denels that rnay be appealed to the Executive Director for Operatens IEoot l

l DENYING OFFICIAL TITLE / OFFICE RECORDS DENIED APPELLATE OFFICIAL iNm d

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i l F ART 18 D- APPEAL RIGHTS '

l Thz denial by each denying officialidentified in Part al.C rnay be appealed to the Appellate Official identified in that section. Any such appeal must be in wnting and must be nede 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 2055b, and should clearly state on the envelope and in the letter th*t it is an " Appeal from an initial FOIA Decision."

hac FonM ese trert 2) U.S. NUCLEAR REGULATORY COMMISSION 1 ms) FOIA RESPONSE CONTINUATION l

l Re: F01A-87-300 APPENDIX B DOCUMENTS BEING RELEASED

1. 3/6/85 Memo from Comm. Bernthal to Commission, subject: Proposed Reviews of NRC Research Programs and Policy. (3 pages)
2. 3/21/86 Ltr from Comm. Bernthal to Steven Bush. (7pages)
3. 1/16/87 Memo from Comm. Asselstine to V. Stello. (1page)
4. 2/3/87 Memo from Comm. Bernthal to Commission. (4 pages)
5. 3/19/87 Testimony before Subcommittee on Energy and Water Development, Committee on Appropriations. (16pages)
6. 4/7/87 Memo from Comm. Bernthal to Commission. (2pages)
7. Undated Handwritten outline prepared by J. Asselstine before he spoke to the NAS Panel looking at the NRC Research Program.

(9 pages)

8. Undated Handwritten outline notes of J.-Asselstine used in preparation of outline in #7 above. (5 pages)
9. Undated Cong. Bevill Question and Answer. (4 pages) >

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Re: F01A-87-300 APPENDIX C DOCUMENTS BEING WITHHELD IN THEIR ENTIRETY PURSUANT TO EXEMPTION (5)

1. 2/24/87 SECY-87-53, " Staff Review cf NAS Report ' Revitalizing .I Nuclear Safety Research'." (30pages)
2. 3/2/87 Memo from Chairman Zech to Commissioners re: NAS Report ]

(COMLZ-87-18). (1 page)

3. 3/16/87 Note from J. Larkins to D. Rathbun and L. Donnelly. (2 pages)
4. 3/18/87 Nemo from Com. Carr to Commissioners, subject:

COMLZ-87-18 and COMFB-87-2-NAS Report entitled,

" Revitalizing Nuclear Safety Research," also with notes in j margins from Com. Carr's staff. (5pages)'  !

5. 3/26/87 Note from Jim Meyer to Comm. Bernthal, subject: "FB Coments on " Revitalizing Nuclear Safety Research."

(6 pages) l 2

6. 4/6/87 Note from J. Larkins to the Chairman re NAS Report. (1 page) 1
7. 4/6/87 Note from Jim Meyer to Com.. Bernthal. subject: "CR-87-55. j

-- Letter to Sen. Quentin Burdick, Comittee on Environment and Public Works, re NRC's Research Program for FY 1988." (1 page)

8. 5/5/87 Note from J. Larkins to the Chairman re Commissioner i responses to Chrm's meino of 3/2. (2pages)  :

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9. 5/14/87 Note from J. Larkins to Chairman re SECY-87-119. (1page)
10. 5/20/87 Note to the Chairman from J. Larkins. (1page)
11. Undated Cmr Carr's staff comments on the draft S. Chilk memorandum to V. Stello, "Com Guidance on NAS Report  :

" Revitalizing Nuclear Safety Research" (SECY-87-53) (6 l pages)  ;

12. Undated Cmr Carr's staff comments on the 1/27/87 V. Stello i memorandum to Chm Zech, subject: Notes on NAS Committee i Report with attachment of COMFB-87-2. (11 pages) i l
13. Undated Note from George Felgate to Cmr Carr and Cmr Carr's staff regarding comments on the J. Asselstine memo to V. Stello, i 1/16/87, subject: NAS Report " Revitalizing Nuclear Safety  :

Research". (16 pages)

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Re: F01A-87-300 l APPENDIX C (Continued)  !

DOCUMENTS BEING WITHHELD IN THEIR ENTIRETY PURSUANT TO EXEMPTION (5)

14. Undated

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Draft memo from Samuel Chilk to Victor Stello re "Comission guidante on NAS re Safety Research'" (SECY-87-53) (5 port pages)' Revitalizing Nuclear j l

15. Undated Unsigned note from J. Larkins to Chairman re SECY-87-53. {

(2 pages)

16. Undated Handwritten note by M. Clausen. (1page)
17. Undated Draft responses to NAS Report. (4pages)
18. Undated Handwritten notes by John Austin, Tech Asst, to J.

Asselstine on memorandum dated January 27, 1987 from Victor Stello EDO, to Chainnan Zech entitled, " Notes on NAS Committee Report".

f 19. Undated Handwritten notations by John Austin, Tech Asst. to J. ..,.

Asselstine on SECY-87-53.

20. Undated Handwritten notes of Cmr Bernthal. (2pages)
21. Undated Brief coments on NAS Report by J. Larkins for Chairman.

(5 pages) )

22. Undated Comparison chart of NAS Report, staff position and Comission position. (6pages)
23. Undated Draf t memo from the Chairman to Commissioner re Commission responses to 3/2/ memo. (1page) j i
24. Undated Unsigned note from J. Larkins to Chainnan re meeting on i NAS Report. (4pages)
25. Undated Cmr Carr's staff comments on a NAS report entitled. l

" Revitalizing Nuclear Safety Research". (83pages)

26. Undated Cmr Carr's staff comments on SECY-87-53, " Staff Review of NAS report ' Revitalizing Nuclear Safety Research'." (30pages)
27. Undated Margaret Federline's note to Carr's staff on the NAS Report including a March 16, 1987 handwritten note also from Margaret Federline to Carr's staff. (7pages) l l

m DEVONRUE 108 LINCOLN STREET BOSYON MASSACHUSETTS o2111 (617) 426 455o May 22,1987 Ms. Patricia G. Norry Director FREEDOM 0F INFORMATION Office of Administration

  • ACT.REQtjEST U. S. Nuclear Regulatcry Commission Washington, D. C. 20555 b.1AY7-hp Re: Freedom OfInformation Act Recuest Y -J )./

Dear Ms. Norry:

Pursuant to the Freedom ofInformation Act,5 USC 552, and Section 9.8 of the Commission's rules (10CFR9.8), Devonrue requests that the Commission provide the following:

1. SECY-87 53 i
2. Any and all correspondence, reports, meeting minutes, analysis, personal notes and otheE I

documents relating to the National Research Council's Committee on Nuclear Safety Research (NRCCNSR) recommendations and the NRC Staff's response to those recommendations as set forth in the NRCCNSR's report " Revitalizing Nuclear Safety ,

Research" and as discussed at the Commissioner's meeting on February 25,1987. j I

Devonrue requests that this information be provided as soon as possible but no later than the 10 working days specified by 10CFR9.8.

i Very truly yours, I

/

Charles S. Cmdash '

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