ML20248G116
| ML20248G116 | |
| Person / Time | |
|---|---|
| Site: | 070***** |
| Issue date: | 06/01/1998 |
| From: | Racquel Powell NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Friedman C AFFILIATION NOT ASSIGNED, ICN PHARMACEUTICALS, INC. (ICN-C&R DEVELOPMENT) |
| Shared Package | |
| ML20248G118 | List: |
| References | |
| FOIA-98-19 NUDOCS 9806050110 | |
| Download: ML20248G116 (3) | |
Text
,
NRc rORM 464 eeri a
(
U.S. NUCLEAR REGULATORY COMMISSION RESPONSE NUMBER
/gato,%#(ESPONSE TO FREEDOM OF
)
FOIA/PA 98-019 3
3 R
h INFORMATION ACT(FOIA)/ PRIVACY 5
k'... */
RESPONSE
ACT (PA) REQUEST TYPE b
Y!
HEQuEST EM DATE Christine Yoon Friedman 01 m PART 1. -lNFORMATION RELEASED (See checked boxes)
{] No additional agency records subject to the request have been located.
] Requested records are availabk through another public distribution program. See Comments section.
APPENDICES ^
Agency records subject to the request that are identified in the listed appendices 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 3
C public inspection and copying at the NRC Public Document Room.
]- Encio~ sed misinformation 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.
YJ
"[
Agency records subject to the request are enclosed.
Reco'is' subject to the request that contain information originated by or of interest to another Federal agency have been
]-
r referred to that agency (see comments section) for a disclosure determination and direct response to you.
Q; We are continuing to process your request.
[] This completes NRC's action on your request.
PART 1.A - FEES
{.._ h AMOUNT * ^ ~ ~
You will be billed by NRC for the amount listed.
] None. Minimum fee threshold not met.
lo*r*oE" *__. _.__
[] You will receive a refund for the amount listed.] Fees waived.
PART l.B -INFORfAATION NOT LOCATED OR WITHHELD EROM DISCLOSURE
{] No agency records subject to the request have been located Q Certain information in the requested records is being withheld from disclosure pursuant to the exemptions described in and for the reasons stated in Part 11.
Q This determination may be appealed within 30 days by writing to the FOIA/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)
S,
.- +
(1 A f
n m Q(.,
TUkE. F Rt F FORM iO ' ACT AND PRIVACY AC T OFFICER usse %ll A. dow n -
/
R 9006050110 980601 PDR FOIA FRIEDMAN 93-19 PDR NRc FORM 464 Part 1 (3-1998)
PRINTED ON RECYCLED PAPER This form was designed usmg informs
o NRC FORM 464 Port 11 U.S. NUCLEAR REGULATORY COMMISSION DATE RESPONSE TO FREEDOM OF INFORMATION FOlA/PA 98-019 ACT (FOIA) / PRIVACY ACT (PA) REQUEST PART ll.A - APPLICABLE EXEMPTIONS APPENDICES.
Records subject to the request that are desenbed in the enclosed Appendices are being withheld in their entirety or in part under the Exemption No (s) of the PA and/or the FOIA as ir.dicated below (5 U S C. 552a and/or 5 U S C. 552(b)).
[] Exemption 1: The withheld information is properly classified pursuant to Executive Order 12958.
[ ] Exemption 2: The withheld information relates solely to the internal personnel rules and procedures of NRC.
{ j Exemption 3 The withheld information is specifically exempted from public disclosure by statute indicated.
Ir] Sections 141-145 of the Atomic Energy Act, which prohibits the disclosure of Restric'ed Data or Forrnerly Restncted Data (42 U.S C.
2161-2165).
[] Section 147 of the Atomic Energy Act, which prohibits 'he disclosure of Unclassified Safeguards information (42 U.S.C. 2167).
[J 41 U S.C., Section 253(b), subsection (m)(1), prohibits the disclosure of contractor proposals in the possession and control of an 1
executive agency to any person under section 552 of Title 5 U S.C. (the FOIA), except when incorporated into the contract between the agency and the submitter of the proposal.
R Exemption 4: The withheld information is a trade secret or commercial or financial information that is being withheld for the reason (s) tJ indicated.
[] The information is considered to be confidential business (propnetary) information.
EI The information is considered to be propnetary because it concerns a licensee's or applicant's physica protection or matenal control and L.J accounting program for special nuclear matenal pursuant to 10 CFR 2.790(d)(1).
] The information was submitted by a foreign source and received in confidence pursuant to 10 CFR 2.790(d)(2).
qI-- -
Exemption 5: The withheld information consists of interagency or intraagency records that are not available through discovt.ry dunng litigation. Applicable pnvileges:
[ ~ ~}IDehberative process: Disclosure of predecisionalinformation 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 i..
information. There also are no reasonably segregable factual portions hecause the release of the fccts would permit an indirect inquiry into the predecisional process of the agency.
I] Attomey work-product privilege. (Documents prepared by an attorney in contemplation of htigation)
{' } Attomey-chent pnvilege. (Confidential communications between an attorney and his/her chent) igI Exemption 6. The withheld information is exempted from pubhc disclosure because its disclosure would result in a clearly unwarranted invasion of personal pnvacy.
J 1 Exemption 7: The withheld information cons 5ts of records compiled for law enforcement purposes and is being withheld for the reason (s) i.I indicated.
I --l (A) Disclosure could reasonably be expected to interfere with an enforcement proceeding (e g, it would reveal the scope, direction, and t ~
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).
{ j (C) Disclosure v.ould constitute an unwarranted invasion of personal pnvacy
( l (D) The information consists of names of individuals and other information the disclosure of which could reasonably be expected to reveal identities of confidential sources.
1 J tE) Disclosure would reveal techniques and procedures for law enforcement investigations or prosecutions, or guidelines that could j
l I reasonably be expected to nsk circumvention of the law.
l
} (F) Disclosure could reasonably be expected to endanger the hfe or physical safety of an individual.
] {OTHER (Specify)
PART 11.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 determined 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 arid the FOIA/PA Officer for any denials that may be appealed to the Executive Director for Operations (EDO).
DENYING OFFICIAL TITLE / OFFICE f
RECORDS DENIED f
yf,f l
Dr. Malcolm R. Knapp Acting Director, Office of Nuclear Material Safety l Appendis Cl-5
'x i
and Safeguards t
j egional Administrator, RIV l Appendis C6 x i i
K Ellis W. Merschoff
\\
i j
r i
i I
Appeal must be made in wnting within 30 days of receipt of this response. Appeals should be mailed to the FOIA/ Privacy Act dfficer, 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 ll (31998)
PRINTED ON RECYCLED PAPER Tnts forrn was designed using inf orms
FOIA-98-019
(
APPENDIX C l
RECORDS BEING WITHHELD IN PART l
MQ, DATE DESCRIPTION /(PAGE COUNT)/ EXEMPTIONS 1.
9/12/58 AEC Office Memorandum to C Palmiter from A Brodsky
Subject:
Polonium MPC's in Urine (1 page) EX. 6 2.
11/4/58 Ltr to AEC from A Goldstein, Isotopes Specialties l
Company with enclosures (25 pages) EX. 6 3.
12/2/58 Ltr to AEC from P Gill, Isotopes Specialties Company with enclosures (4 pages) EX. 6 4.
8/27/68 Memo to J Roeder from H Book with enclosures (6 pages)
EX.6 5.
10/23/68 Memo to J Roeder from H Book with enclosures (18 pages)
EX.6 6.
3/25/96 Ltr to J Thomson from R Scarano with enclosures (6 pages)
EX.6 l
l l
l l
n 2049 Century Park East Suite 3200 NEW YoRa(
- ^ ERA oN gc "
Los Angeles. CA 90067-3206 PROSKAUER ROSE LLP 5'$0s'sN!iI3 EUs ""'
Christine Yoon Friedman Attorney at Law Direet Dial 310.284.5652 cfriedman@ proskauer.com F0WPAM@ f 9 -
92 l
January 14,1998
?w)lP2 j /6-9 8 _
3a Rdd.
-pl l
E. den @
octMrd CtW VIA FACSIMILE AND U.S. MAIL Russell Powell l
United States Nuclear Regulatory Commission Mail Stop T6D8 Washington, D.C. 20555 Re:
EOIA Request
Dear Mr. Powell :
This letter is on behalf ofICN Pharmaceuticals, Inc.. Pursuant to the Freedom ofInformation Act,5 U.S.C. 552, ICN requests access to the following information:
1.
Records concerning any and all licenses issued by the Nuclear Regulatory Commission to Engelhardt Industries for activities conducted by Engelhardt Industries in California. This request includes, but is not limited to, applications for licenses, licenses, amendments to licenses, correspondence regarding licenses, and reports regarding investigations of activities carried out under issued licenses.
2.
Records concerning any and all licenses issued by the Nuclear Regulatory Commission to Nuclear Corporation of America (or NUCOR) for activities conducted by Nuclear Corporation of America in California. This request l
includes, but is not limited to, applications for licenses, licenses, amendments to licenses, correspondence regarding licenses, and reports regarding investigations of activities carried out under issued licenses.
l l
l 4144/38751-o51 LAUB1/300637 v1 01/14/98 04:24 PM (11345)
I[ hbNkCOtb M
-a PROSKAUER ROSE LLP Russell Powell January 14,1998 Page 2 I
We would appreciate your prompt attention to this request. We will, of course, pay all necessary copying charges. ' If you need any additional information, please feel free to contact me.
~
Very truly yours,
/
tj h s L' Cluistine Yoon Friedman cc:
Lois D. Thompson, Esq.
Gregory J. Patterson, Esq.
i 4144/38751 4 51 LAUB1/3OO637 v1 01/14/98 04:26 PM (11345)