ML20236F132

Partial Response to FOIA Request for Documents Re Processing of Applications for Licenses to Import U from South Africa. Forwards App J & L Documents.App K & L Documents Completely & Partially Withheld (Ref FOIA Exemption 5)

ML20236F132
Person / Time
Issue date:	08/03/1987
From:	Grimsley D NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM)
To:	Mokoena K FUND FOR PEACE (NATIONAL SECURITY ARCHIVE)
Shared Package
ML20149C441	List: ML20236F132 ML20236F158
References
FOIA-87-297 NUDOCS 8708030220
Download: ML20236F132 (6)

Text

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jFarvg Q F01A-87-297 mPo~si nn g

i i RESPONSE TO FREEDOM OF k I***'

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\ / INFORMATION ACT (FOIA) REQUEbi' g gg l oocm ~wuR;s, m .-.=

KEOVESTER iir. Kenneth Mokoena PART l.-RECORDS RELEASED OR NOT LOCATED ISee checked bonesi No sgency rect rds subset to the request have been located.

No additonal agency records subject to the request have been located.

X Agsney records subject to the request that are dentifed in Appendix I are already available for pubhc inspection and copying in the NRC Public Document Room, 1717 H Street, N W., Washington, DC.

Agsney records subHict to the request that are identified in Appendix d are being made available for public inspecten and copying in the NRC Public Document X Room,1717 H Street, N W,, Washington, DC, in a folder under this FOIA number and requester name.

The nonproprietary verson of the proposal (s) that you agreed to accept in a telephone conversation with a member of my staff is now being made avaiable for public inspectioq and coving at the NRC Pubhc Document Room,1717 H Street, N W., Washington, DC, in a fo6 der under this FOIA number and requester name.

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, DC. i l

Agency records subsect to the request are enclosed Any applicable charge for copies of the records provided and payment procedures are noted in the cortments section, Records subiect to the request have been referred to another Federal agencybest 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 WITHHELD FROM PUBLIC DISCLOSURE Certain informaton in the requested records is being withheld from public disclosure pursuant to the FOIA exemptions described in and for the reasono stated in Part 11. sec-tions 8. C. and D. Any released portions of the documents for which only part of the record is being withheld are being made availabie for public inspectica and copyog in the NRC Pubhc Document Room,1717 H Street, N W.. Washington, DC. in a folder under this FOIA number and requester name.

Comments 870B030220 070803 PDR FOIA MOKDENA87-297 PDR n /9 _

s SIG A t .WQECTOR. Y e OF RUI.gS AND RECOROS e .

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FREEDOM OF INFORMATION ACT RESPONSE FOtA NUMBER'Sh enyn_oy_909 DATE: JUL 2 e M7~

FART li.B- APPLICABLE FOIA EXEMPTIONS ~' ~

Records subject to the request that are described in the enclosed Appendices E$l are being withheld in their entirety or in part under FOIA Exarnptions 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 properN classAed pursuant to Executive Order 12356 (EXEMPTION 1)

2. The withheld information relates solely to the internal personnel rules and procedures of NRC. (EXEMPTION 2) ,

3. The withheld information is specifica#y exempted from public disclosure by statut" indicated: IEMMPTION 3)

Sectu:in 141 145 of the Atomic Energy Act which prohibits the disclosure of Restricted Data or Formerty Restricted Data (42 U.S.C. 2161-2166).

Section 147 of the Atomic Energy Act which prohibits the disclosure of Unclassified Safeguards Informaton 142 U 5.C. 2167).

4. The withheld informe is a t .* s~ ret or comrnercial or financia' information that is being withheld for the reason (s) indicated. (EXEMPTION el The information is considered to be confidential business (propnetary) information.

The information is considered to be propnetary information pursuant to 10 CFR 2.790(dM1).

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The information was submitted and received in confidence from a foreign source pursuant to 10 CFR 2.790(dM2).

6. The withheld information consats of interagency or intraagency records that are not available through discovery dunng litgatiort Osclosure of predecisional information would tend to inhibit the open and frard exchange of ideas essential to the deliberative process. Where records are withheld in their entirety, the facts are inextricably M intertwined with the predecissonal enfarmaton. There also are no reasonably segregable factual portions because the release of the facts would permit en indirect inquiry 6 the predecesor el process of the agency. (EXEMPTION 5) j i

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6. The withheld information is exems ted 'emi public disclosure because its disclosure would result in a clearly unwarranted invasion of personal privacy. (EXEMPTION 6) l

7. The withheld information conssts of investigatory records compiled for law enforcement purposes and is being withheld for the reason (s) indicated. (EXEMPTION 7) thouosure would interfere w.th en enforcement proceeding because it could reveal the scope, direction. and focus of enforcement efforts, and thus could

. ',tmbly allow them to take scun to shreid potential wrongdoing or a violation of NRC requirements from investigators. (EXEMPTION 7(AH

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l Drasure would constitute an unwarranted invasion of norsonal privacy (EXEMPTION 7lCD l ..

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i l Ta;,ir.for nation consists of names cf individuals and other information the disclosure of which would revea' 'dentities of confidential sources. (EXEMPTI PART ll.C-DENYING OFFICIALS Pursuant to 10 CFR 9.9 and/or 916 of the U.S. Nuclear Regulatory Commission regulatons. It has been determined that the information withheld is exempt frorn production or disclosure, and that its production or disclosure e contrary to the public interest. The persons responsible for the denial are those officials identified below as denying officials and the Director, Divison of Rules and Records. Offa e of Administration, for any denials that may be appealed to the Executive Director for Operations isoot CENYING O WCIAL TITLE / OFFICE RECORDS DENIED APPELLATE OFFICIAL Asst. General Counsel fo n sic = v rw James A. Fitzgerald Adjudications /0_ pinions Appendices K & L XX PART 18 D- APPEAL RIGHTS The denial by each denying official identrfied in Part ll.C may be appeaied 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 Commusion, 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 :nftial FOIA Decision."

NAC FoW as4 (Part a U.S. NUCLEAR REGULATORY COMMISSION s esi FOIA RESPONSE CONTINUATION

Re: F01A-87-297 APPENDIX I RECORDS MAINTAINED AMONG PDR FILES

1. 12/22/86 Memo to V. Stello from S. Chilk, re: Staff Requirements-Af firmation/ Discussion and Vote, 3:30 P.M., Thursday, December 18, 1986 (1 page) (AN0 8612290048).

2. 12/18/86 Transcript of Commission Meeting (8 pages) (AN0 8612240247).

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-l Re: FOIA-87-297 -!

APPENDIX J l i

i RECORDS MAINTAINED IN THE PDR UNDER THE AB0VE REQUEST NUMBER NUMBER DATE DESCRITPION

1. 5/8/87 Memo'from J. R. Shea to H.-R. Denton, re: Import of South African Origin Vranium 0xide (1 page).

2. 5/12/87 Note to H. Denton from J. R. Shea, re: DOE Comments on  !

Treasury regulations (1 page). ,

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APPENDIX K RECORDS TOTALLY WITHHELD l NLMBER DATE DESCRI PTION & EXEMPTID_N i

1. Various 3 Drafts of SECY paper, " Existing Import Licenses Concerning i Import of Uranium of South African Origin" without attachments j (34 pages). (EX. 5) l 2. Various 2 Drafts of SECY paper, " Proposed Revisions to Existing 1 Import Licenses Concerning Import of Uranium of South i African Origin" (27 pages). (EX. 5)

3. Undated Draft letter to licensees from J. R. Shea, re: Comprehensive Anti-Apartheid Act of 1986 (2 pages). (EX. 5) '

4. Undated 2 Drafts of Demand for Information from licensees regarding imports of South African origin uranium from H. Denton (7pages).(EX.5)

5. Undated Memo for 4 listed individuals from J. R. Shea, re: Draft Final rule revising Part 110 concerning imports of uranium from South Africs with attached draft rulemaking package 3 (51 pages). (EX. 5) I

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Re: F01A-87-297 APPENDIX L RECORDS PARTIALLY WITHHELD 1

NUMBER DATE DESCRIPTION & EXEMPTION l

l 1. 11/3/86 Routing and Transmittal slip to J. Becker from l E. Hemby, re: SouthAfricanRuleChange(1page)

(RELEASED) with attached draft SECY paper, re:

Proposed revision to 10 CFR Part 110 and draft final rule amending 10 CFR Part 110 (10 pages)

(WITHHELD EX. 5)

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UNITED STATES

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' n NUCLEAR REGULATORY COMMISSION 0)og[3[. .

$  :$ WASHINGTON, D. C. 20555 ,,

May 8, 1987

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MEMORANDUM FOR: H. R. Denton, Director, GPA FROM: J. R. Shea, Director, IP/GPA

SUBJECT:

IMPORT OF SOUTH AFRICAN-0RIGIN URANIUM OXIDE On May 7, 1987 the staff was informed that on approximately March 25, 1987, 178,878 kilograms of South African-origin normal uranium, as U03 n (oxide), were imported through Houston, Texas and subsequer.tly snipped to the Sequoyah (Kerr McGee) Conversion facility, Gore, J Oklahoma. The material is intended for enrichment by DOE and subsequent reexporttoSpain(ENUSA). The material was imported under the authority of a valid import license held by Edlow Corporation. As you know, the staff had requested Edlow and other holders of import licenses, by letter dated February 8, 1987, to refrain from. importing any material of South African origin while the NRC review of South African imports is underway and to advise us of any plans to shfp material under existing import licenses. Edlow had not indicated to the staff its intention to use its existing license to import South African uranium, although Edlow and the staff are in frequent communication on export / import licensing matters. The staff is investigating the matter and will advise further.

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James R. Shea Director,IP/GPA l cc: V. Stello, ED0 J. Fouchard, GPA/PA C. Kammerer, GPA/SLITP J. Bradburne, GPA/CA I

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I 3700030220 FDIA B70003 PDR PDR MDKDENA87-297 l

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