ML23159A147
| ML23159A147 | |
| Person / Time | |
|---|---|
| Issue date: | 09/21/1978 |
| From: | NRC/SECY |
| To: | |
| References | |
| Download: ML23159A147 (11) | |
Text
UNITED ST ATES NUCLEAR REGULATORY COMMISSION CON SENT CALENDAR rrEr.J\
September 21 SECY-78-508 For: The Commissiouers From: James L. Kelley Acting*General Counsel
Subject:
Kranish FOIA Appeal 78-A-22
Purpose:
To discuss the portion of FOIA Appeal 78-A-22 which is pending before the Commission and to recommend a letter from the Secretary granting the appeal in part and denying it in part.
Discussion: On July 19, 1978 Mr. Kranish made a request for six specified documents which had been discussed in the Commis sion's Weekly Information Reports. On August 14, 1978 ADM granted Kranish's request for two documents which were already publically available, denied his request for three documents, and notified him that review of the last document had not been completd. Mr. Kranish promptly appealed the partial denial of his FOIA request including the failure to act on the last document. The appeal of one of the denied documents is being handled by the EDO and will not be discussed here.
The first two documents which were denied were working drafts of Commission papers from I&E and NMSS entitled "Com prehensive Evaluation of Safeguards at the Babcock & Wilcox (B&W) Facility, Leechburg, Pennsylvania" and "Corr.prehen sive Evaluation of Safeguards at the Babcock & Wilcox (B&W) Facility, Apollo, Pennsylvania." Both of these documents
Contact:
Stephens. Ostrach 634-3224
2 were denied under exemptions 1 (class ified information), 4 (proprietary information) 1 and 5 (predecisional) of the FOIA. We have reviewed the documents and believe that use of each of the exemptions is appropriate. The documents discuss in detail the safeguards at the B&W facilities, and the Commission's evaluation of their adequacy including identification of possible weaknesses.
They also demonstrate how the Commission generally analyzes safeguards adequacy information which would be useful to a potential adversary.
Furthermore, there appears to be some classified information concerning the nature of the work done at Leechburg and Apollo. Since the papers are working drafts, they are withholdable under exemption 5 as predecisional intra-agency memoranda.
The third document requested was SECY 78404 "Response to Commission Direction
... Review of OIA/OGC Report, Inquiry into Testimony of the EDO." One of the recommendations in SECY 78-404 was that the paper itself should be publicly released. The Commission agreed with the recommendations in SECY 78-404, but requested minor changes in the paper itself. Those changes have been made and the revised paper has been numbered SECY 78-404A, which is to be released.
W recommend releasing not only 78-404A, but also 78-404, since it was approved by the Commission, and since its with holding is not necessary to protect predecisional advice.
1 10 CFR 2.790(d) jefines proprietary information as including safeguards information.
3 A draft letter from Mr. Chilk to Mr. Kranish is attached denying the appeal for the first two docwnents and granting it for SECY 78-404 and 404A.
The statutory deadline for resolving this FOIA appeal expires Friday, Septem ber 29, so please provide SECY with your comments or concurrences by Tuesday, September 26. I have asked SECY to schedule this matter for an affirmation session during that week.
,Jl-Jaa L. Kelley I Act'lng General Counsel
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D. C. 20555 OFFICE OF THE SECRETARY Mr. A. Kranish, Editor Trends Publishing, Inc.
National Press Building Washington, D.C. 20045
Dear Mr. Kranish:
This is a partial response to your August 30, 1978 letter to the Exec tive Director for Operations appealing the partial denial of your Free dom of Information Request FOIA 78-195 by Mr. J.M. Felton, Director of the Division of Rules and Records. You appealed the denial of three documents listed in Appendix s*of Mr. Felton 1 s letter and also requested document 4 in that Appendix as to which review had not been completed.
A copy of that Appendix is attached. Your appeal of the denial of document 3 in Appendix Bis being handled by the Executive Director fer Cerations. This letter addresses your request for the other three documents.
Your appeal for documents 1 and 2 is denied. Those documents have been properly classif1ed, contain proprietary information relating to the safeguarding of special nuclear material and are drafts containing advice, opinions and recomnendations of the NRC staff. Accordingly they may be withheld pursuant to exemptions 1, 4 and 5 of the Freedom of Information Act (5 USC 552(b)(l), (4) and (5)) and 10 CFR 9.S(a)(l), (4) and (5). Furthermore, the Corrmission has determined that release of either of these documerts would be contrary to the public interest in ensuring the safeguarding of special nuclear material.
Your request for document 4 is granted. At the Comnission 1 s request, that document has been revised by the originating office and both the original1 document and the revised version are being plqced in the Com mission s Public Document. Room at 1717 H Street, N.W., Washington, D.C.
20555.
This partial denial of your request is a final agency action. Judicial review of this action is available in the United States District Court for the district in which you reside, or in the District of Columbia.
Sincerely, Samuel J. Chilk Secretary of the Comnission Attachment as stated
APPENUIX **-0 ro I A- IH-19!i 1* Unda tcd :. Ora ft Work1 ng Pc1pcr: ( l) 111c111orc1ndum to the Conunissioners from Clifford V. Smith and Ernest VolgenJU* - Comprchcnsivc Evaluation of Safeguards at the Babcock and Wilcox {B & ) Facility, Leechburg, Pennsylvania
- 2. Undated Memorandum for the Commissioners from*
Clifford V. Smith and Ernest Volgenau Comprehensive Evaluation of Safeguards at the Babcock and Wilcox (B & W) Facility, Apollo, Pennsylvania
- 3. July 19, 1978 Draft Working Paper: Comprehensive Evaluation Report on the Atomics Inter national - Desoto Avenue Plant at Canoga, California
- 4. July 21, 1978 Memorandum for the Commissioners from Clifford V. Smith, Jr. - "Response to Commission Direction Provided in S. J.
Chilk's June 2, 1978 memorandum to L. V.
Gossick concerning Review of OGC/OIA Re port, Inquiry into Testing of the ED0. 11 (SECY 78-404)
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August 30, 1978 Exacutivc Director for Operations US Nuclear Regulatory Commission Washington, DC 20555 FREEDOM OF INFORMATION APPEAL I ..
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Dear Sir:
I hereby appeal the denial of material requested in FOIA-785, and, in addition, Document 4, of Appendix B, which was not released within the statutory time period *
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NUCLEAII ltr(iUl./\ JOllY COMMl510N Wl\i.lllNCH UN, 11. C. 10!it.r, Mr. A. Krilnish, Editor Trends Publishing, Inc.
AUG 1 4 1978 National Press Building IN RESPONSE REFER Wijshington, D.C. 20045 TO FOll\-78-195 Uear Mr. Kranish:
This js in rcsponc to your lctt.r.r clc1Lcd ,July 19, l'J7n in which _you requested, pursuant to the Freedom of l11for111iltion /\ct, six documents, which were <.Jescribcd in Lhc Weekly lnfonnution rcpor*l.5 for ,l1111c 16 and June 30, 1978. Your request was received by the Office of Administration on July 21 , 1978.
l 11 resµonse to you1* requcs L, a copy of ducu111cn l I o I /\ppe11d ix /\ is lu! i11q p lilcecl i II l11c? tmC l'uh Ii<: lloc:u111c11 t Hnom (rim), 17 t ** II SI 1*1'r I , ti .1.t.
Jilshing ton, IJ. C. Uocu111cnt 2 of /\pp_endix I\ is il I ready I <K,l I.eel i II I.IH! l'IIH illld ilccec;s Cilll hr. l'C(JUC'S LC'd h_y lite 1 rll'll L j f i Cil Li (Ill pn,v j d1d Oil J\ppc*11d i X /\.
IJocuments l, 2, and 3 of Appendix 13 have L>een classified pursuc1nt to Executive Order 11652 and are*drafts containing advice, opinions and rr.commendations of the staff. Tn addition, portions of the5e three documents contain information which are procedures for sarcuu,1rding lic.ensed special nuclear material. Such material i5 considered *proprietary pursuant to 10 CFR 2. 790(d) of the Connnission's re9ulations. Oocuments 1,.2, and 3 of /\ppendix 13 are beinq withheld from public cli5closurc pursuant to exemptions (1), (4), and (S) of the Freedom of information Act (5 U.S.C. 552(b)(l), (4), and (5)) and 10 CFR 9.S(a)(l), (4), and (S) of the Conmission's regulations.
Pursuant to 10 CFR 9.9 and 9.15 of the Commission's 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 of documents 1 and 2 is Samuel J. Chilk, Secretary of the Commission. The persons responsible for the denial of document 3 are the undersigned and Dr. Clifford V. Smith, Jr., Director, Office of Nuclear Materials Safety and Safeguards.
The denials by Dr. Smith and myself may be appealed to the Executive Director for Operations within 30 days from the receipt of the letter.
/\ny such appeal must be in writing, addressed to the F.xccutive Directnr for Operations, U.S. Nuclear Regulatory Ccm1111ission, W,1shi11(1tnn, D.C:.
20555, and should clearly stilte on the envelope and in the letter thut it is an /\ppeal from an Initial FOIA Decision". The denial by Mr.
11 Chilk may be appealed within 30 days to the Commission and should be addressed to the Secretary of the Commission.
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Sincerely,
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Enclosures:
/\ppendices A and 0
APPENDIX A FOIA-78-195
- 1. July 3, 1978 Memorandum for the Commissioners from James R. Shea: Subject Health and Safety (H & S). Con siderations in NRC Reactor Export Licensing and Nuclear Assistance Programs. (SECY 78-365)
- 2. January - March 1978 Report to Congress on Abnormal Occurrences (NUREG - 0090, Vol.
I, No. l)
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APPENDIX 0 r-o I A- IH-I9!i
- l. Unda tcd Draft Working Paper: (1) 111c111orc1ndum to the Contssioners from Clifford V. Smith and Ernest VolgcnJU* - hC0111prchcnsivc Evaluation of Safeguards at the Babcock and Wilcox (B & ) Facility,Leechburg, Pennsylvania
- 2. Undated Memorandum for the Commissioners from Clifford V. Smith and Ernest Volgenau Comprehensive Evaluation of Safegu,:rds at the Babcock and Wilcox (B & W) Facility, Apollo,Pennsylvania
- 3. July 19,1978 Draft Working Paper: Comprehensive Evaluation Report on the Atomics Inter national - Desoto Avenue Plant at Canoga, Ca1i fornia
- 4. July21,1978 Memorandum for the Commisioners from Clifford V. Smith,Jr. - "Response to Commission Direction Provided in S. J.
Chilk's June 2,1978 memorandum to L. V.
Gossick concerning Review of OGC/OIA Re port,Inquiry into Testing of the EDO."
1rend!>> FREEDOM OF 1NFORMAT10rf
?ubli!>>hinq ACT REQUEST f-0/A-,i- /1S Inc NJ\I IONJ\L PIU:SS 0UILDING WASI IINGTON, D.C. 20015 202/.!U:l 0031
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- July l CJ,
- 197n Freedoin of Informc1tion Officer *":.'. ..... :t.r. ",- .-*
Nuclc.ir. ncgulatory C.:ornmission Wu!.hington, DC 2055:5 1-'rccuc.,m of Infonn11tiu11 Heq11,:!.i t
Dear Sir:
Under the terms of the Frccom of Information Act, I hereby request coics of, or cccss to, the ftlowing documents, in draft or final form, as describe in the Weekly Information Report for June 30, 178:
l - Report of Assessment of D&W, Leechburg,. und accompanying staff paper. 13 - 1 2 - Report of the B&W Apollo Assessment. d - :i--
3 - Dr*ft of the International Atomic Assessment Report. -3 4 - Health and Safety Considerations in Reactor Export Licensing and Nuclear l\ssistance Programs. A - 1 First Quarter CY 1978 Abnormal Occurrences Report to Congress. --z-In addition, I request the following citation from the June 16 Report:
l - Analysis of Alleged Successful Thefts_ of SSNM. .;i - ,;
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