ML20248L206
| ML20248L206 | |
| Person / Time | |
|---|---|
| Issue date: | 06/03/1998 |
| From: | Racquel Powell NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Friedman C AFFILIATION NOT ASSIGNED, ICN PHARMACEUTICALS, INC. (ICN-C&R DEVELOPMENT) |
| Shared Package | |
| ML20248L208 | List: |
| References | |
| FOIA-98-19 NUDOCS 9806110009 | |
| Download: ML20248L206 (3) | |
Text
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NRC FORisi 464 P rt i U.S. NUCLEAR REGULATORY COMMISSION RESPONSE NUMBER FOIA/PA 98-019 p5# ne* % 4 h
,# S RESPONSE TO FREEDOM OF l =. ! INFORMATION ACT (FOIA) / PRIVACY RESPONSE Y ^
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h ACT (PA) REQUEST TYPE ! -l YI l
Christine Yoon Friedman PART l -INFORMATION RELEASED (See checked boxes)
] No additional agency records subject to the request have been located.
] Requested records are available 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 l
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 D public inspection and copying at the NRC Public Document Room.
r-~j l- '5nclosed 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, Washingtc,n, DC.
re ' APPENDICES ~
gj D gency records subject to the request are enclosed.
] Records subject to the request that contain inic.mation 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.
y; We are continuing to process your request.
] This completes NRC's action on your request.
PART 1.A - FEES Fm AMOUNT *-~- You will be billed by NRC for the amount listed.
] None. Minimum fee threshold not met.
I
] You will receive a refund for the amount listed.] Fees waived.
YoEe""
PART 1.B -INFORMATION NOT LOCATED OR WITHHELD FROM D!SCLOSURE
] No agency records subject to the request have been located.
I Certain information in the requested records is being wit 1 held 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 wnting 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 4.C COMMENTS (Use attached Comt.ients continuation page if required)
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i MGNA ..M MVACY ACT OmCLH
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Ruise . Powell 9806110009 980603 PDR FOIA FRIEDMAN 98-19 PDR N (ORM 464 Part 1 (31998) PRINTED oN RECYCLED PAPER This form was designed using inf orms 506l/0009, ,
F NRC FORM 464 Part ll U.S. NUCLEAR REGULATORY COMMISSION DATE jl
- RESPONSE TO FREEDOM OF INFORMATION FOlA/PA 98-019 ACT (FOlA) / PRIVACY ACT (PA) REQUEST 9 0 8 HB PART ll.A -- APPLICABLE EXEMPTIONS fMICES . Records subject to the request that are desenbed in the enclosed Appendices are being withheld in their entirety or in part under u ._ O the Exemption No (s) of the PA and/or the FOIA as indicated below (5 U S C. 552a end/or 5 U S C. 552(b))
] Exemption 1: The withheld information is properly classified pursuant to Executive Order 12958.
[ j Exem; tion 2: The withheld information relates solely to the intemal personnel rules and procedures of NRC.
[] Exemption 3. The withheld information is specifically exempted from pubhc dsclosure by statute indicated.
l 1 Sections 141-145 of the Atomic Energy Act, which prohibits the disclosure of Restncted Data or Formerly Restncted Data (42 U S C.
i1 2161 2165).
l] Section 147 of the Atomic Energy AG, 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 ilJ~l executive agency to any person under secuon 552 of Title 5. U S C. (the FOIA), except when incorporated into the contract betweu the agency and the submitter of the proposal.
[~l 1J 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.
IEl The information is considered to be propnetary because it concerns a heensee's or apphcant's physical protection or matenal control and tJ 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).
El Exemption 5: The withheld information consists of interagency or intraagency records that are not available through discovery dunng Li htigation. Apphcable pnvileges:
l Dehberative process Disclosure of predecisional information would tend to inhibit the open and frank exchange of ideas essential to the
{~I I-. dehberative 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.
[j Attorney work-product pnvilege. (Documents prepared by an attomey in contemplation of litigation)
{] Attomey-chent pnvilege. (Confidential l communications between an attomey and his/her chent) rJ Exemption 6. The withheld information is exempted from Dubhc disclosure because its d:sclosure would result in a clearly NI unwarranted invasion of personal pnvacy.
l
[J L Exemption 7: The withheld information consists of records compiled for law enforcement purposes and is being withheld for the reason (s) indicated.
[.-l (A) Disclosure could reasonably be expected to interfere with an enforcement proceeding (e g , it would reveal the scope. ofection, and I
focus of enforcement efforts, and thus could possibly allow recipients to take action to shield potential wrongdoing or a vlG%on of NRC requirements from investigators).
] (C) Disclosure would constitute an unwarranted sqvasion of personal pnvacy.
[l - 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 I l (E) Disclosure would reveal techniques and procedures for law enforcement investigations or prosecutions,0: guidehnes that could i J 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 ll.B - DENYlNG 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 pubhc int: rest. The person responsible for the denial are those officials identified below as denying officials and the FOIA/PA Officer for any denills that may be appealed to the Executive Director for Operations (EDOL
~
DENYING OFFlCIAL TITLE / OFFICE RECORDS DENIED [
l l i Ellis W. Merschoff ! Regional Administrator RIV l Appendis D x l
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s 1
a 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 Officer, U.S. Nuclear Regulatory Commission, Washington. DC 20555-0001, for action by the appropriate appellate official (s). You should cinrly state on the envelope and letter that it is a "FOIA/PA Appeal" l
l NRC FORM 464 Part ii (31998) PRINTED ON RECYCLED PAPER Thrs form was cesigne:1 using inf o m j
I t
FOIA-98-019 APPENDIX D RECORDS WITHHELD IN PART HCL DAIE DESCRIPTIONfPAGE COUNT.)ltiXEMPTION
- 1. 8/26/58 USAEC Compliance inspection Report, Isotopes Specialties Company, Burbank, California, License Nos. 4-580-3 and 7, and Amend.nents Thereto,10 CFR 30 (22 pages) EX. 6
- 2. 3/8/68 J Roeder and H Book, U S. AEC, Region V, lovestigation interim Report, U.S. Nuclear Corporation, Burbank, Califomia License No. SNM-1002 (25 pages) EX. 6
- 3. 3/11/68 J Roder and H Book, U.S. AEC, Region V, Investigation:
Interim Report, U.S. Nuclear Corporation, Burbank, California License No. SNM-1002 (38 pages) EX. 6
- 4. 3/2/68 Compliance investigation Report, U.S. Nuclear Corporation, License No. SNM-1002, Period of Investigation: January 28-30, 1968 (45 pages) EX. 6
- 5. 2/14/69 Memo to G Roy from H Book,
Subject:
U.S. Nuclear Corporation, Durbank, California (7 page) EX. 6
- 6. 3/20/69 Memo to File from J. Metzger,
Subject:
U.S. Nuclear Corporation, Burbank, California, License No. SNM-1002 Fire Safety inspection of the U.S. Nuclear Facility Building, Discussion of U.S. Nuclear Status with Regard to Decommissioning the Facility and Shipping Bulk Quantities of SNM (8 pages) EX. 6 l
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Christine Yoon Friedman Attorney at Law Direct Dial 310.284.5652 -
cftledman@ proskauer.com F0WPA REQUEST CaseNo: 88 #
January 14,1998 dmo Rec'd- /W-F
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YIA FACSIMILE AND U.S. Mall, Russell Powell United States Nuclear Regulatory Commission Mail Step T6D8 Washington, D.C. 20555 Re: F9IA Reauest
Dear Mr. Powell :
This lettcr 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 actisities -
conducted by Nuclear Corporation of America in California. This request includes, but is not limited te. applications for licenses, licenses, amendments to licenses, correspondence regarding licenses, and reports regarding investigations of activities carried out under issued licenses.
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aul415Tn5a J D FROSKAUER ROSE LLP Russell Powell January 14,1998 Page 2 We would appreciate your prompt attention to this request. We will, ofcours copying charges. Ifyou need any additional information, please feel free to contact me.
Very truly yours, Christine Yoon Friedman ec: Lois D. Thompson, Esq.
Gregory J. Patterson, Esq.
]
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