NUREG-0725, Further Response to FOIA Request for Eight Categories of Documents Re Nuclear Spent Fuel Transportation.Forwards Apps E & F & Portions of App G Documents.Portions of App G Documents Withheld (Ref FOIA Exemption 5)

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Further Response to FOIA Request for Eight Categories of Documents Re Nuclear Spent Fuel Transportation.Forwards Apps E & F & Portions of App G Documents.Portions of App G Documents Withheld (Ref FOIA Exemption 5)
ML20127D844
Person / Time
Issue date: 03/01/1985
From: Felton J
NRC OFFICE OF ADMINISTRATION (ADM)
To: Millar F
ENVIRONMENTAL POLICY INSTITUTE
Shared Package
ML20127D848 List:
References
FOIA-84-821, RTR-NUREG-0725, RTR-NUREG-725 NUDOCS 8506240350
Download: ML20127D844 (6)
v • d • e


Text

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[pwc m ~g o UNITED STATES

[ g NUCLEAR REGULATORY COMMISSION g Y?

r, ,; WASHINGTON, D. C. 20555

% ,,,,, / NAR 0111B5 Dr. Fred Millar, Director Nuclear and Hazardous Materials Transportation Project Environmental Policy Institute 218 D Street, SE IN RESPONSE REFER Washington, DC 20003 TO F01A-84-821

Dear Dr. Millar:

This is in further response to your letter dated October 17, 1984, in which you requested, pursuant to the Freedom of Information Act (F0IA), eight categories of documents related to nuclear spent fuel transportation.

The document identified on enclosed Appendix E is being placed in the NRC Public Document Room located at 1717 H Street, NW, Washington, DC 20555, in file folder F01A-84-821 in your name.

The documents listed on enclosed Appendix F are already in the PDR. The PDR accession numbers and file locations are indicated beside the document descriptions.

Portions of document 1 of Category 4 on enclosed Appendix G contain the predecisional legal analyses, opinions and recommendations of the Office of the General Counsel (0GC) for the Comissioners' consideration of a petition to postpone shipments of high level nuclear waste through Illinois. Documents 3, 4, 7, and 8 of Category 4 on Appendix G contain the predecisional analyses, opinions and recommendations of the Office of Nuclear Material Safety and Safeguards (NMSS) for the Commissioners' consideration of the matter of shipments of high level nuclear waste through and to Illinois. Because the documents reflect the predecisional process between 0GC staff anc' the Commissioners, and between NMSS staff and the Commissioners, the documents are exempt from mandatory disclosure pursuant to Exemption 5 of the FOIA, 5 U.S.C. 552(b)(5), and the Comission's regulations,10 CFR 9.5(a)(5).

Release of the documents would tend to inhibit the open and frank exchange of ideas essential to the deliberative process. Documents 3, 4, 7, and 8 contain no reasonably segregable factual portions. The non-exempt attachments to document 1 of category 4 are being placed in the PDR in file folder F0IA-84-821.

Portions of documents 1, 2, and 4 of Category 7 and portions of document 3 of Category 8 on Appendix G are being withheld. Documents 5 of category 7 and 2, 4 and 5 of Category 8 on Appendix G are being withheld in their entirety.

These documents contain the advice, opinions and recommendations of the staff on the direction of the transportation program at NRC. This information is being withheld from public disclosure pursuant to Exemption 5 of the F0IA, 5 U.S.C. 552(b)(5), and the Commissiorfs regulations,10 CFR 9.5(a)(5).

Documents 5 of category 7 and 2, 4 and 5 of Category 8 contain no reasonably segregable factual portions. The non-exempt documents and portions of p documents are being placed in the PDR.

8506240350 850301 k M B21 PDR

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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 persons respnnsible for the denial of the documents in Categories 7 and 8 are the undersigned and Jchn G. Davis, Director, Nuclear Material Safety and Safeguards. The person responsible for the denial of the documents in Category 4 is James A. Fitzgerald, Assistant General Counsel.

The denials by Mr. Davis and myself may be appealed to the Executive Director for Operations within 30 days from the receipt of this letter. Any such appeal must be in writing, addressed to the Executive Director for Operations, U.S. Nuclear Regulatory Comission, Washington, DC 20555, and should clearly state on the envelope and in the letter that it is an " Appeal from an Initial F0IA Decision." The denial by Mr. Fitzgerald may be appealed within 30 days to the Commission and should be addressed to the Secretary of the Comission.

This completes NRC action on your request.

S~pcerely, y

?

W%

3 . M. elton, Director D vision of Pules and Records Office of Administration

Enclosures:

As stated

< e P.e : F01A-84-821 I

a Appendix E Document Being Placed In PDR

. 1. 10/05/84 Memo from J. O. Bunting to R. E. Browning re: Federal and NRC Regulatory Requirements Concerning High-level Waste Transpor-tation (10 pages) (This document is subject to Categories, 1, 4, 6, 7, and 8).

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i Re: FCIA-84-821 i

Appendix F Documents Already in the PDR Documents Subject to Category 8

1. 10/02/84 Ltr. fr. F. Congel to R. Ballard re: Review of Environmental Assessment of Richton Dome Site (2 pages), Acc. #8410120386 -

PDR file WM-16).

2. 07/31/84 Ltr. fr. N. Palladino to B. Rusche re: Agency coments on the DOE Mission Plan for OCRWM Program (59 pages), Acc. #8408150664

- PDR file WM-1.

3. 05/25/84 Ltr. fr. J. Neff to J. Lineham re: Early May Draft Environmental Assessments for Salt Sites (2 pages), Acc. #8406210449 - PDR file WM-16.
4. 11/04/83 Ltr. fr. J. Neff to H. Miller re: Minutes of the Environmental Assessment Topical Meeting (270 pages), Acc. #8402030494 - PDR file WM-16.

5, 10/11/83 Ltr. fr. J. Neff to H. Miller re: Environmental Assessment Topical Report (73 pages), Acc. #8401310452 - PDR file WM-16.

6. 09/14/83 Ltr. fr. J. Neff to H. Miller re: Environmental Assessment Topical Report (1 page), Acc. #8401310179 - PDR fil.: WM-16.
7. 04/01/83 Memo fr. W. Olmstead to M. J. Bell re: BWIP Environmental Assessment (2 pages), Acc. #8305130263 - PDR file WM-10.

Pe: F01A-84-821 ,

Appendix G i Documents Being Partially Vithheld and Withheld l in Their Entirety Category 4 1.' 09/21/83 Secy-83-387 Memorandum fr. M. Malsch, Deputy General Counsel, to the Comissioners,

Subject:

Review of Director's Denial of 2.206 Petition (5 pages).**

2. Attachment I to Secy-83-387 July 27, 1983 ltr. fr. E. Gogol to J. Keppler.*
3. Attachment 2 to Secy-83-387, Draft ltr 'r. J. Davis, NMSS, to E. Go Response to July 27, 19P cr. to J. Keppler (1 page)gol
      • re:
4. Attachment 3 to Secy-83-387, Draft " Director's Decision Under 10 CFR 2.206" (11 pages) and attachment 1 entitled " Response to Mr.

Gogol's Questions" (3 pages) by J. Davis, NMSS, re: Response to July 27, 1983 letter to J. Keppler.***

5. Enclosure to attachment 3 to Secy-83-387, NUREG-0725, Rev. 3 entitled "Public Information Circular for Shipments of Irradiated Reactor Fuel" (53 pages), PDR Acc. #8207020050.*
6. Enclosure to attachment 3 to Secy-83-387, 10 CFR 92.800-62.902, 9/1/82.*
7. 11/25/80 Memo fr. Bickwit to the Commissioners,

Subject:

Secy-80-481--

Modification to Federal Register Notice Requested by Chairman Ahearne (1 page). ***

8. 11/05/80 Memo fr. L. Bickwit to the Commissioners

Subject:

Comments on Secy-80-481--Protection of Unclassified Safeguards Informa-tion (3 pages). ***

Category 7

1. 08/22/84 Memo fr. Richard Cunningham to John Davis,

Subject:

Transportation Program Area-Progress Report (1 page). **

  • Released
    • Partially Withheld
      • Withheld in Entirety

Re: F01A-85-821 AppendixG(con't) e

2. Attachment to 08/22/84 memo fr. Cunningham, Transportation Program Area Plan Current Status - July 1984, 10 pages.**
3. 12/20/83 Memo fr. Richard Cunningham to Robert Burnett and Robert Browning re: Transportation Program Area Plan, 1 page.*
4. Attachment to 12/20/83 memo fr. Cunningham, r,emo re: Richard Cunningham to John Davis dated 10/12/83 subject: Transportation Area Program Plan, 1 page.**
5. Enclosure to attachment to 12/20/83 memo fr. Cunningham, Transportation Program Area Management Plan , 14 pages, undated.***

Category 8

1. 11/17/82 Memo fr. Richard Cunningham to various re: Transportation Planning, 2 pages.*
2. Attachment to 11/17/82 memo for Cunningham, Transportation Program Area Conceptual Plan, 14 pages, undated.***
3. 07/16/82 Memo fr. Richard Cunningham to Donald Mausshardt re:

Transportation Program at NRC (NMSS82-679), 2 pages.**

4. Attachment to 07/16/82 memo fr. R. Cunningham, Draft memo to the Comissioners fr. W. J. Dircks re: NRC Transportation Program, undated, 13 pages.***
5. Enclosure to attachment to 07/16/82 memo fr. R. Cunningham, Agency Roles in Transportation, undated, 3 pages.***
6. Enclosure 2 to attachment to 07/16/82 memo fr. Cunningham, Federal Register Notice, 07/02/79, 2 pages.*
7. Enclosure 3 to attachment to 07/16/83 memo fr. Cunningham, Ltr.

fr. Dircks to Lee Thomas re: Radioactive Materials Transportation dated 04/07/82, 2 pages.*

  • Released
    • Partially Withheld
      • Withheld in Entirety I

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EN VIR O N M E N T A L POLICY INSTITUT1 L

  • / FREEDOM OF INFORMATIOh A l DATE l ffhf , y

'dlo-sv3-gy

Dear Folks:

q This is a Freedom of Information Act request, pursuant to 5 U.S.C. 552, et seq., for production and disclosure of information discust:ed below.

t See attachet sheet for specific requests.

The Environ'aental Policy Institute is a non-profit, public interest group to promote safe use of the environment.I (4), request a waiver Accordingly, pursuant to 5 U.S.C. 522(a) as of any fees associated with the processing of this request,th the general public.

The information received as a result of this request will be used in general information dissemination to the public through newsletters, memos, position papers, fact sheets, We interviews are not with in '

the press, communications with public officials.

litigation with your agency on this matter at this time..The an issue of widespread interest, enabling citizens to acke The informed decisions about public policy in this area.

Environmental Policy Institute / Center has been officially declared to be a bona fide public interest group and granted waiver of fees for FOIA requests by no less an authority on the public interest than the U.S. Department of Energy (1983).

If I2do not receive a response I will deem within ten working my request denied.daysIf asyou req 63 red by the FOIA, determine that some portions of the requested information areyou provid c#ergt w

fr'om release, I request that

>Ge remainder of the file in addition to a list of the material

%t3)rovi,ded,withthedate, author, addressee,andtitleofeach ufocument" withheld. -

NE @ B

- Sincerel , ' *e 55 E '

b$4y

  • SS:;;E Dr. Fred Millar g@

Director - rn Nuclear and Hazardous Materials Transportation ".

x-Pro 3ect Attached: List of specific requests for FOIA Office response, l k 7/MWy##~7) i aQl]olAM v v y -

21s I) Strat. S E . W.whmgton.1)r 2im m #2a2) 544-29 i-

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FOIA--SPECIFIC REQUESTS TO NRC RE CASK TEST FILMS ANDTRANSPORT, NWPA DOCS, MODALER

-/ STUDY, PRENOTIFICATION. SAFBGUARDS, NEW CASKS l

, ,/ . . PLANNING, NDRDG-0725,--10/17/84 '

, 1. All documents (including videotapes, photos, etc.) on testing of nuclear spent fuel shipping casks, including but not limited to American and British tests. ,

2. All documents on the NRC's forthcoming Modal Study.
3. All documents (excluding those in the of ficial docket of comments for the most recent proposed revision of safeguards regulations) related to the NRC prenotification of Governors Designees for spent fuel shipments.

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4. All documents related to NRC and utility or carrier safeguards program for spent nuclear fuel shipments including butsince latest not limited

.. version of NUREG-0561 vent into effect:

to route designations, contacts with local law enforcement authorities, immobilization devices, escorts, enforcement, etc.

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5. Latest version of NUREG-0725.
6. All documents related to emergency response planning for an l nuclear transportation accident.

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7. All documents related to development and/or certification of l new spent fuel cask designs.

( 8. All documents related to the transportation aspects of the DOE waste disposal program (NWPA), both civilian and defense wastes.

I promise to read all this stuf f.

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