ML20236F158
| ML20236F158 | |
| Person / Time | |
|---|---|
| Issue date: | 05/12/1987 |
| From: | James Shea NRC OFFICE OF GOVERNMENTAL & PUBLIC AFFAIRS (GPA) |
| To: | Harold Denton NRC |
| Shared Package | |
| ML20149C441 | List: |
| References | |
| FOIA-87-297 NUDOCS 8708030231 | |
| Download: ML20236F158 (2) | |
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NUCLEAR REGULATORY COMMISSION
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UNITED STATES 5
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May 12,1987 NOTE FOR HAROLD DENTON l
00E COMMENTS ON TREASURY REGUI.ATIONSI
SUBJECT:
J. Vaughn of DOE today provided, for NRC's l
information, this copy of DOE's conrnents on l
Treasury Department's interim rule interpreting Section 309(a) of the Anti-1 I
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Apartheid Act.
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l James R. Shea, Director I
Office of International Programs
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Enclosure:
.li Ltr of 4/23/87 from A.D. Rossin, DOE, to R. R. Newcomb, Oept.
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initials Date 1.
JOANNA PECVFP, OnC
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Action Fine Note and Retum__
Apiscval For Clearance Per Conversation l
As Requested For Corrwetion Prepare Reply Circulate For Your Information See Me Comment Investigate Signature Coordination Justify i
Ar>u.RKS RE:
SOUTP AFRICAN RULE CPM 4GF 1
The Commi.ssioners' assistants' asked us to nrovidk them with an undate of the status of the nronosed l revision to Part 110 regardina the uranium imnort ban.
D1 ease review as quickly as nossib1e and nhone your comments to flarv on of the office until Thursday.x27886 because I will be out l
Thanks rauch iloanna DO NOT usa this form as a RECORD of approvals, concurrences, disposals, clearances, and similar actions TROM: (Name, org. symbol Agency / Post)
Room No.---Bid,g.
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m information in this record was deleted in accordance with theJrcedom of information Act, exemptions 6
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THE NATIONAL SECURITY ARCHIVE SUITE 500 1755 MASSACHUSETTS AVENUE, N.W. WASHINGTON, D.C. 20036 (202) 797 0882 l
tN ALL CORRESPONDENCE PLEASE REFER TO ARCHIVE FILE No Q - CQ$ l - NRC, -- CO l l
Ms. Linda L. Robinson
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Chief FOI and Privacy Branch Nuclear Regulatory Commission EREEDOM OF INFORMA110N Washington, DC 20555
" o W 7'Ok7 RE: Freedom of Information Act Request
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Dear Ms. Robinson:
1 Pursuant to the Freedom of Information Act (FOIA),5 U.S.C. Section 552, p.1 l
ssa (as amended),I hereby request disclosure of the documents described on the
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last page of this letter for inspection and possible copying.
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If you regard any of these documents as exempt from the FOIA's disclosure
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requirements,I request that you nonetheless exercise your discretion to disclose i
them. In this connection I note that you are required under the FOIA to release l
any reasonably segregable nonexempt portions of documents containing I
information you regard as exempt. Section 552(b). To permit an intelligent, I
informed decision whether or not to file an administrative appeal of any denial decision, you are also requested to describe withheld records (or portions thereof) l and explain the logical and factual basis for exemption claims.51s Mead Data Central. Inc. v. Deoartment of the Air Force. 566 F.2d 242,251 (D.C. Cir.,1977).
l This request is made on behalf of the National Security Archive, a nonprofit public interest research institute and library located in Washington, D.C. The Archive is organized and operated as a division of The Fund for Peace, Inc., a nonprofit corporation that is exempt from federal income tax under section 1
d 501(c)(3) of the Internal Revenue Code, and has been acknowledged by the Internal Revenue Service since November 19,1962 to be " organized and operated exclusively for educational purposes.'
The fee waiver provisions under section 552(a)(4)(A) of the FOIA were recently amended by the Freedom of Information Reform Act. The Reform Act's fee provisions became effective on April 25,1987 at.d rewrote section 552(a)(4)(A) to create categories of requesters entitled to fee waivers. Pub.L.99-570, Sec.1803, 1
1804. One category consists of ' educational or noncommercial scientific l
institution [s] whose purpose is scholarly or scientific research" and another consists l
of representatives of the " news media." 5 U.S.C. 552 (a)(4)(A)(ii)(II). Requesters in I
these groups receive an automatic waiver of all search and review fees, irrespective of the nature or contents of the documents requested. They can be charged standard duplication costs (in excess of the first one hundred copied pages), but I
these charges may also be waived in certain circumstances.
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I On May 11,1987 the Archive submitted a comprehensive memorandum to your l
agency providing documentation under penalty of perjury which establishes that i
the Archive is entitled to fee waivers under the categories of educational or noncommercial scientific institutions and representatives of the news media within the meaning of the Reform Act. To summarize, the Archive's purpose is to enrich public policy debate by making available records pertaining to important, mostly contemporary issues of major public concern in the areas of foreign, defense, intelligence, and international economic policy.
Documents obtained by the Archive, including the records requested in this letter, are carefully analyzed, indexed and organized into document sets in the Archive's collection. Document sets are available for inspection and copying by 3
scholars, journalists, Members of Congress and Congressional staffs, present and i
former public officials, other public interest organizations, and the general public at the Archive's Washington office. In addition, information in the documents will be disseminated across the country through distribution of comprehensive l
document indices to university and other research libraries and through the Archive's publications.
}
1 As a staff member of the Archive,I have been assigned to conduct research on I
the subject of this request. I am working as part of a research team which includes experts on this subject with a wide variety of educational and professional backgrounds relating to foreign affairs, defense, intelligence and international economic policy The qualifications of various Archive staff members are detailed in the May 11,1987 memorandum forwarded to your agency. Members of the team have conducted an extensive literature search at the Library of Congress and specialized research libraries and have determined that the requested materials are
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necessary to our research.
I I therefore request that you waive all search and reproduction fees pursuant to section 552(a)(4)(A), as amended. If you determine that the Archive does not fall within one of the two categories of requesters described above, this request would I
also qualify for favored treatment under the "all other requesters' category because I
disclosure of the information in the requested documents is in the public interest because it is likely to contribute significantly to public understanding of the operations or activities of the government and is not primarily in the commercial interest of the Archive within the meaning of the Reform Act. Sec 5 U.S.C.
552(a)(4)(A)(iii). Should you decline to waive all fees, however, we are prepared to pay you normal search fees (and reproduction fees, if I decide to copy the records produced). Our willingness to pay fees is subject to our rights to appeal and litigate the fee waiver question, and payment would be deferred until exhaustion of such rights. I further ask that if you decline to waive fees that you set forth your reasons for doing so in writing and that you obtain our authorization before incurring search costs in excess of $100.
1 In order to expedite the release of the listed documents,I request that you disclose them as they become available to you, without waiting until all the j
documents have been assembled. If you have any questions that I might be able to answer regarding the identity of the records, their location, or the scope of the i
request, please call me. I look forward to receiving your response within the statutory time period.
Yours very truly, j
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< 1' Kenneth Mokoena l
A tachment L.
Mokoena Copies of all records, including but not limited to cables, memoranda, reports, briefing papers, minutes and memoranda of conversations relating in whole or in part to:
(a) the processing of the following (SEE ATTACHED LIST) applications for import licenses of Uranium from South Africa.
(b) the proposed Interim and Final Rules governing uranium imports, 52 Fed. Rec. 7274 (March 10, 1987), promulgated 1
pursuant to Section 309 of the~ Comprehensive Anti-Apartheid j
Act of 1986, Pub.L. No.99-440, 100 Stat. 1086, as amended i
by H.J. Res. 756, Pub. L. No.99-631, 100 Stat. 3151.
i
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION I
In the Matter of
)
i
)
INTERNATIONAL ENERGY ASSOCIATES LTD. )
Docket No. 11003688
)
License No. ISNM-84012 (Import License for Enriched Uranium )
1 Hexafluoride from South Africa)
)
)
In the Matter of
)
)
PHIBRO-SALOMON, INC.
)
Docket No. 11002933
)
License No. ISNM-82015 (Import License for Natural and
)
Enriched Uranium from South Africa)
)
)
In the Matter of
)
I
)
ADVANCE NUCLEAR FUELS CORP.
)
Docket No. 11003365
)
License No. ISNM-83025 (Import License for Natural and
)
Enriched Uranium from A Country
)
Not Specified)
)
)
1 In the Matter of
)
)
BRAUNKOHLE TRANSPORT, USA
)
Docket No. 11003204
)
License No. ISNM-83011
)
(Import License for Natural and
)
1 Enriched Uranium from A Country
)
Not Specified)
)
)
Jn the Matter of
)
)
TRANSNUCLEAR, INC.
)
Docket No. 11003111
)
License No. ISNM-83005 (Import License for Enriched Uranium )
from A Country Not Specified)
)
)
In the Matter of
)
)
TRANSNUCLEAR, INC.
)
Docket No. 11002693
)
License No. ISNM-81017 (Import License for Special Nuclear
)
i Material from A Country Not
)
Specified)
)
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A j
.s
2 In the Matter of
)
)
NEW YORK NUCLEAR CORPORATION
)
Docket No. 11003097
)
License No. ISNM-83003 (Import License for Enriched Uranium )
from A Country Not Specified)
)
)
In the Matter of
)
)
EDLOW INTERNATIONAL COMPANY
)
Docket No. 11002967
)
License No. ISNM-82020 (Import License for Enriched Uranium )
from A Country Not Specified)
)
)
In the Matter of
)
)
EDLOW INTERNATIONAL COMPANY
)
Docket No. 11000168
)
License No. 10-78019 (Import License for Nuclear Source
)
Material from A Country Not
)
Specified)
)
)
In the Matter of
)
)
WESTINGHOUSE ELECTRIC CORPORATION
)
Docket No. 11002348 u
)
License No. ISNM-81001 (Import License for Enriched Uranium )
from A Country Not Specified)
)
{
In the Matter of
)
)
l SEPARATIVE WORK UNIT CORPORATION
)
Docket No. 11002597
)
License No. ISNM-82016 (Import License for Enriched and
)
Natural Uranium from A Country
)
l Not Specified)
)
)
l NOTICE OF WITHDRAWAL OF PARTY l
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r l
l UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of
)
)
HRAUNKOHLE TRANSPORT, USA
)
Docket No. 11003919
)
License Application (Import of South African
)
No. IU-87001 l
Uranium Ore Concentrate)
)
)
In the Matter of
)
)
l BRAUNKOHLE TRANSPORT, USA
)
Docket No. 11003920
)
Licence Application (Import of South African
)
No. IU-87002 Natural Uranium Hexafluoride)
)
l
)
In the Matter of
)
)
BRAUNKOHLE TRANSPORT, USA
)
Docket No. 11003921
)
License Application (Import of South African
)
No. ISNM-87003 Enriched Uranium Hexafluoride)
)
)
In the Matter of
)
)
BRAUNKOHLE TRANSPORT, USA
)
Docket No. 11003922
)
License Application (Import of South African
)
No. ISNM-87004 Enriched Uranium Hexafluoride)
)
)
In the Matter of
)
)
ADVANCED NUCLEAR FUELS CORP.
)
Docket No. 11003928
)
License Application (Import of South African
)
No. ISNM-87005 Enriched Uranium Hexafluoride)
)
)
In the Matter of
)
)
EDLOW INTERNATIONAL CO.
)
Docket No. 11003929
)
License Application (Lmport of South African
)
No. IU-87006 Uranium Ore Concentrate)
)
)
In the Matter of
)
)
EDLOW INTERNATIONAL CO.
)
Docket No. 11003930 l
)
License Application j
(Import of South African
)
No. IU-87007 Uranium Hexafluoride)
)
l
)
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