ML20237C503

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Responds to Appeal of Denial of Documents.App B Records Being Released in Entirety.App C Records Being Withheld in Part (Ref FOIA Exemption 5) & App D Records Being Withheld in Entirety (Ref FOIA Exemptions 5)
ML20237C503
Person / Time
Issue date: 08/20/1998
From: Racquel Powell
NRC OFFICE OF ADMINISTRATION (ADM)
To: Darke J
AFFILIATION NOT ASSIGNED
Shared Package
ML20237C505 List:
References
FOIA-98-149, FOIA-98-A-9 NUDOCS 9808210224
Download: ML20237C503 (5)
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/ %o 1 pp 98A009(98-149) 1 o RESPONSE TO FREEDOM OF I

( INFORMATION ACT (FOIA) / PRIVACY RESPONSE g FINAL PARTIAL

% ACT (PA) REQUEST TYPE

  • ..s RLQutSILM OAll John F. Darke M 2 0 19 %

PART l. -INFORMATION RELEASED l

] No additional agency records subject to the request have been located.

Requested records are available through another public distribution program. See Comments section.

Z ' APPENDICES" ~ Agency records subject to the request that are identified in tho listed appendhes are already available for public inspection and copying at the NRC Public Document Room.

APPENDICES " ~ .

Agency records subject to the request that are identified in the listed appendices are being made available for l H,C public inspection and copying at the NRC Public Document Room. I

! i~ 'Encioseciisinformation on how you may obtain access to and the charges for copying records located at the NRC Public Document Roorn,2120 L Street, NW, Washington, DC.

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'APPFMOICES '

H,C Agency records subject to the request are enclosed. j

- . - . -Records subject to the request that contain information originated by or of interest to another Federal agency have been ,

referred to that agency (see comments section) for a disclosute determination and direct response to you. I i ~ We are continuing to process your request.

l See Comments.

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PART 1.A - FEES mount

  • You wdl be billed by NRC for the amount listed. - None. Minimum fee threshold not met.

$ You will receive a refund for the amount listed. Fees waived.

d PART 1.B -INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE ,

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

y Certain information in the requested records is being withheld from disclosure pursuant to the exemptions described in and for the reasons stated in Part II.

g- Washington, DC 20555-0001.This determination Clearly state on the envelopemay bethe and in appealed letter that itwithin 30 days is a "FOIA/PA by wnting to the FOIA/PA O Appeal."

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! PART i.C COMMENTS (Use attached Comments continuation page if required)

This letter responds to your appeal of the adequacy of search for records subject to your request, FOI A-98-149. Another search for records subject to your request was conducted by the NRC staff. The stafflocated the records identified on Appendices B,C, and D. Copies of the records identified on Appendix H and the releasable portions of the records identified on Appendix C are enclosed.

This completes action on your FOIA request and FOIA appeal p V

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m e N olONA t-FKt OF IN6 04 110 LI . t'HIVAGY ALI Of FIGtM Ru's' sell A. Po l 9808210224 900820 t

PDR FOIA l DARKE98-A-9 PDR NRC FORM 464 Part 1 (61998) PRINTED ON RECYCLED PAPER This forrn was designed using JnForrns 92dPZ/O22</

NRC FORM 464 Ptrt il U.S. NUCLEAR REGULATORY COMMISSION FOIAIPA DATE

. 7tESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) / PRIVACY ACT (PA) REQUEST M 009 M 9) 20 E PART ll.A - APPLICABLE EXEMPTIONS APPEND,scf S _ Records subject to the request that are desenbed in the enclosed Appendices are being withheld in thec entirety or in part under

,C,D the Exemption No-(s) of the PA and/or the FOIA as indicated below (5 U G C. 552a and/or 6 U S C. 552(b)).

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l Exemption 1: The withheld information is properly classified pursuant to Executive Order 12958 t ~

Exemption 2: The withheld information relates solely to the internal personnel rules and procedures of NRC.

Exemption 3: The withheld information is specifically exempted from public disclosure by statute indicated Sectroi.s 141 145 of the Atomic Energy Act, which prohibits the disclosure of Restncted Data or Formerly Restncted Data (42 U S.C.

2161-2165).

Section 147 of the Atomic Energy Act, which prohibits the disclosure of Unclassified Safeguards Information (42 U S C. 2167).

41 U S C., Section 253(b), subsection (m)(1), prohibits the disclosure of contractor proposals in the possession and control of an executive agency to any person under section 552 of Title 5, U S C. (the FOIA), except when incorporated inta the contract between the agency and the submitter of the proposal.

l Exemption 4. The withheld information is a trade secret or commercial or financial information that is being withheld for the reason (s) indicated The information is considered to be confidential business (propnetary) information.

The information is considered to be propnetary because it concerns a licensee's or applicant's physical protection or matenal control and accounting program for special nuclear matenal pursuant to 10 CFR 2.790(d)(1).

The information was submstted by a foreign source and received in confidence pursuant to 10 CFR 2.790(d)(2).

Jv Exemption 5: The withheld information consists of interagency or intraagency records that are not available through discovery dunng htigation. Applicable pnvileges:

JV Deliberative process: Disclosure of predecisional information would tend to inhibit the open and frank exchange of ideas essential to the deliberative process Where records are withheld in their entirety, the facts are inextnCably intertwined with the predecisional information. There also are no reasonably segregable factual portions because the release of the facts would permit an indirect inquiry into the predecisional process of the agency.

Attomey work-product pnvilege (Documents prepared by an attorney in contemplation of litigation)

Attorney client pnvilege (Confidential communications between an attorney and his/her client)

Exemption 6: The withheld information is exempted from pubhc disclosure because its d:sclosure would result in a clearly unwarranted invasion of personal pnvacy.

Exemption 7: The withheld information consists of records compiled for law enforcement purposes and is being withheld for the reason (s) indicated (A) Disclosure could reasonably be expected to interfere with an enforcement proceeding (e g , it would reveal the scope, direction. and focus of enforcement efforts, and thus could possibly allow recipients to take action to shield potential wrongdoing or a violation of NRC requirements from investigators)

(C) Disclosure would constitute an unwarranted invasion of personal privacy.

(D) The information consists of names of individuals and other information the disclosure of which could reasonably be expected to reveal identities of confident:al sources (E) Disclosure would reveal techniques and procedures for Irw enforcement investigations or prosecutions, or guidelines that could reasonably be expected to nsk circumvention of the law (F) Disclosure could reasonably be expected to endanger the life or physical safety of an individual OTHER (Specify)

PART ll.B -- DENYING OFFICIALS Pursuant to 10 CFR 9 25(g),9 25(h). and/or 9 65(b) of the U S. Nuclear Regulatory Commission regulations, it has been deterrdned that the information withheld is exempt from production or disclosure, and that its production or disclosure is contrary to the public interest. The person responsible for the denial are those officials identified below as denying officials and the FOIA/PA Officer for any j denials that may be appealed to the Executive Director for Operations (EDO). 1 DENYING OFFICIAL TITLE / OFFICE RECORDS DENIED ((OYSECY Cari m Paperiello Director Office of Nuclear Material Safety and Appendis C.D safeguards A7 Appeal must be made in wnting within 30 days of receipt of this response. Appeals should be mailed to the FOIA/Pnvacy Act Officer, U.S. Nuclear Regulatory Commission, Washington. DC 20555-0001, for action by the appropriate appellate official (s). You should clearly state on the envelope and letter that it is a "FOIA/PA Appeal" NRc FORM 464 Part 11 (6-1998) PRINTED ON RECYCLED PAPER Trus form was designed usmg inf orms I

i Re: FOIA Appeal 98-A-009 FOIA-98-149

- APPENDIX B RECORDS BEING RELEASED IN THEIR ENTIRETY NO. DATE DESCRIPTION /(PAGE COUNT) l 1. 11/26/97 Memorandum to Chairman Jackson from H Thompson,

Subject:

l Status of Interactions with the Department of the Interior, l Regarding the Proposed Atlas Reclamation (1 page) l

2. 03/09/98 E-mail from J. Simpson (ORNL) to D. DeMarco (NRC) regarding ORNL conference call participants - (1 page)
3. 03/13/98 Memorandum to C. Paperiello (NRC) from M. Federline (NRC) regarding Summary of telephone conference call -(1 page)
4. 04/08/98 E-mail from M. Federline (NRC) to J. Holonich, M. Fliegel, M.

Layton, C. Abrams, J. Greeves, W. Kane, D. DeMarco (NRC) regarding EIS Moab, Utah (1 page)

5. 04/08/98 Telcon Agenda -(1 page)
6. Undated Telecon Agenda - ORNL Work on Atlas Moab Mill-(1 page)  ;
7. Undated NRC Views on issues, Atlas Moab Mill Reclamation - Talking Points (4 pages) l l

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Re: FOIA Appeal 98-A-009 FOIA-98-149 APPENDIX C RECORDS BEING WITHHELD IN PART l l

NO. DATE DESCRIPTION #PAGE COUNT)/ EXEMPTIONS

1. 03/04/98 Telephone Conference Call Summary (1 page) l Exemption 5 i i
2. Undated Telecon - ORNL Work on Atlas Moab Mili Talking Points (2 pages) 1 Exemption 5  ;
3. Undated Handwritten notes regarding ORNL telecon -(1 page)

Exemption 5

4. Undated E-mail to M. Federline from Claud Pugh (ORNL) regarding recommended process to assess differences between various  ;

estimates of seepage rates from the Moab Uranium Mill Pile l (4 pages) Exemption 5 i

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i Re: FOIA Appeal 98-A-009 FOIA-98-149 APPENDIX b  ;

RECORDS BEING WITHHELD IN THEIR ENTIRETY NO. QATE DESCRIPTION /(PAGE COUNT)/ EXEMPTIONS

1. 02/19/98 E-mail from J. Holonich to D. DeMarco, M. Fliegel, D. Gil:en and l C. Abrams on Oak Ridge Modeling forwarding e-mail from l C. Paperiello on same subject (2 pages) Exemption 5 .

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2. 02/19/98 Letter to D. DeMarco (NRC) from L. McCold (ORNL) regarding MOAB EIS Project: Additional Funding Needs -(3 pages) /

Exemption 5 ,

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3. 03/27/98 E-mail from M. Federline (NRC) to ORNL. GOV: pug (C. Pugh) regarding Process to evaluate differences between ORNL/GJ and l ORNL/TN (2 pages) Exemption 5
4. 04/08/98 E-mail from C. Pugh (ORNL) to M. Federline (NRC) re: EIS Moab, Utah (2 pages) Exemption 5
5. 04/09/98 Record of Conference Call between C. Pugh (ORNL) and NRC staff (1 page) Exernption 5 .

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1 UItC FORM 464 P_rt I '8.S. NUCLEAR REGULATORY COMMISSION p.EsPoNsE NUMBER *i

  • FGWPA 98-149

[,e Re I

  1. RESPONSE TO FREEDOM OF I

f INFORMATION ACT(FOIA)/ PRIVACY RESPONSE - l k **se* / ACT (PA) REQUEST TYPE .

]-- AL l

1 REQUEST ER DATE R, 06 M John F. Darke l

PART 1. -INFORMATION RELEASED (Sec checked boxes)

[~] No additional agency records subject to the request have been located.

Requested recorde are available through another public distribution program. See Comments section.

  1. dNDds Agency records subject to the request that are identified in the listed appendices are already available for Q A public inspection and copying at the NRC Public Document Room.

Mk ices Agency records subject to the request that are identified in the listed appendices are being made available for

{ public inspection and copying at the NRC Public Document Room.

Q Enclosed is information on how you may obtain access to and the charges for copying records located at the NRC Public Document Room,2120 L Street, NW, Washington, DC.

~ANEWDicES O Agency records subject to the request are enclosed.

] Records subject to the request that contain information originated by or of interest to another Federal agency have been referred to that agency (see comments section) for a disclosure determination and direct response to you.

] We are continuing to process your request.

r This completes NRC's action on your request.

PART 1.A - FEES Fm IAMoUNT a --- You Will be Dilled by NRC for the amount listed. r- None. Minimum fee threshold not met.

I

] You will receive a refund for the amount listed. ] Fees waived.

pnts PART l.B -INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE

] No agency records subject to the request have toen located.

O Certain information in the requested records is being withheld from disclosure pursuant to the exemptions described in the reasons stated in Part 11.

] This determination may be appealed within 30 days by writing to the FO:A/PA Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. Clearly state on the envelope and in the letter that it is a *FOIA/PA Appeal."

PART 1.C COMMENTS (Use attached Comments continuation page if required)

Thr records identified on Appendix A respond to categories I and 2 of your request. The NRC has r.o records regarding cctegories 3,4 and 5 of your request. Since you are entitled to 100 pages free of charge, a copy of record A/3 is enclosed.

DISTRIBUTION-f OLA/PA Subject Acuan Ofhcer. FOtA/PA Ofhcer. Other (Spec.1y/

5:GNATURE -F RtEDOM OF WFORMATION ACT AND PRIVACY ACT OFFICER Russell A. Powell A. POWel CPoland. NMSS POR OFFICE ACTION OFF ER F OFFl _

l NAME -

%i PRINTED ON RECYCLED PAPER This form was designed using informs NRc FORM 46E Part 1 (3-1998) U d f L l ,....% .

m A Cf j t vo L' - 0/ - ;6

Re: FOIA-98-N9 APPENDIX 4 RECORDS ALREADY AVAILABLE IN THE PDR ACCESSION M DATE NUMBER DESCRIPTION 4PAGE COUNT)

1. 02/05/98 9804150324 Ltr. from R. Reed, ORNL to J. Holonich, NRC Re: Supplemental Modeling & Analysis Report (83 pages) )
2. 02/13/98 9802260241 Ltr. from J. Holonich, NRC to R. Harris, Dept. of Fish and Wildlife Services, DOI re: Forwards NRC Vmws on lasues, Atlas Moab Mill Reclamation (13 pages)
3. 04/14/98 9804170350 Ltr. to J. Holonich, NRC from R. Morgenweck, Dept. of Fish and Wildlife Services, DOI re:  !

Ltr. transmitting revised Draft Biological Opinion for i the proposed reclamation of the Atlas Mill Tailings site (116 pages) i i

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! 05/19/98 15:J5 FAX 601 25W241o L AM O.N L.oDs AD i r. ulavul l- Mr. Russell A. Powell l' May 19. 1998

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APPENDIX A l

The April 4, 1998, FOIA/PA request was received by the NRC on., .'

' April 9, 1998, and acknowledged by the NRC on April 13, 1998.

Such acknowledgement was received by the requestor on April 17, l 1998.

Pursuant the invitation contained in the April 13 acknowledge-l ment, the undersigned on two occasions called the FOIA/PA

! officer who was indicated by the April 13 to have "been assigned

( responsibility fer" FOIA/PA 98-149. T,h e impression gained was j that 1) there were no glitches and 2) no further information was required by the NRC staff in order to respond to the su bj ec t FOIA.

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l Mr. Russell A. Powell May 19, 1998 .

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APPENDIX B '

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10 CFR 9.1 "Ecope and Purpose" indicates that Subpart A of Part 9 implements the provisions of the Freedom of Information Act .

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(FOIA) (5 U.S.C. 552). Such Subpart concerns the availability i to the public of NRC records for inspection and copying.

l 10 CFR 9.5 " Interpretations" would hold that except as specif-1 ically authorised by the Commission in writing, no interpretation of the meaning of the regulations in this part by an officer or employee of the Commission other than a written interpretation '

by the General Counsel will be recognized as binding upon the Commission.

As stated in 10 CFR 9.13 " Definitions", " record" means any book, paper, map, photograph, brochure, punch card, magnetic tape, sound recording, pamphlet, slide, motion picture, or other documentary material regardless of form or characteristics.

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