View source for IA-87-297, Final Response to FOIA Request Re Import of U from South Africa.Forwards App N Document.App M & N Documents Also Available in Pdr.App O Document Completely Withheld (Ref FOIA Exemption 5)

{{Adams
| number = ML20237L139
| issue date = 08/17/1987
| title = Final Response to FOIA Request Re Import of U from South Africa.Forwards App N Document.App M & N Documents Also Available in Pdr.App O Document Completely Withheld (Ref FOIA Exemption 5)
| author name = Grimsley D
| author affiliation = NRC OFFICE OF ADMINISTRATION &amp; RESOURCES MANAGEMENT (ARM)
| addressee name = Mokoena K
| addressee affiliation = FUND FOR PEACE (NATIONAL SECURITY ARCHIVE)
| docket = 
| license number = 
| contact person = 
| case reference number = FOIA-87-297
| document report number = NUDOCS 8708200096
| document type = CORRESPONDENCE-LETTERS, NRC TO PUBLIC ENTITY/CITIZEN/ORGANIZATION/MEDIA, OUTGOING CORRESPONDENCE
| page count = 5
| project = 
| stage = Other
}}

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(s ee.e /                       INFORMATION ACT (FOlA) REQUEST                                              QS                  '''
g }7 g DOCxET AiUMBER $a i# sophcebet KEQUt$fER Nf.             n'stTM                N WC fY PART 1.-RECORDS RELEASED OR NOT LOCATED fSee checked bones)
No agency records subrect to the request have been located.
No additenal agency recorc's subpect to the request have been located.
Agency records subact to the request that are identifed in Appendia       N              are already available for puble inspection and copying in the NRC Public Document Room, 1717 H Street, N W., Washington, DC Agency records subrect to the request that are identifed in Appendin       M               are being made avadabie for public inspection and copying in the NRC Public Document Roorn,1717 H Street, N W., Washington, DC, in a folder under this FOIA number and requester name.
The nonproprietary version of the proposalis) that you agreed to accept in a telephone conversation with a member of my staff is now being rnade available for public inspecten and coying at the NRC Public Document Room,1717 H Street, N W,, Washington, DC, in a folder under this FOlA number and requester name.
Enclosed is information on how you may obtain access to and the charges for Copying records placed in the NRC Public Document Room,1717 H Street, N.W., Washington, DC.
Agency records subtect to the request are enclosed. Any apphcable charge for copes of the records provded and payment procedures are noted in the comments section.
Records sublect to the request have been referred to another Federal agency (ies) for review and direct response to you.
In view of NRC's response to thes request, no further acoon is being taken on appeal letter dated                                                                                  j PART fl.A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Certain informaten in the requested records is being withheld from public disclosure pursuant to the FOIA exemptons described in and for the reasons stated in Part 11, sec-tions B, C, and D. Any released portions of the documents for which only part of the record is being withheld are being made available for public inspection and Copying in the NRC Pubhc Document Room,1717 H Street, N.W , Washington, DC, in a folder under this FolA number and requester name.
Comments
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FREEDOM'OF INFORMATION ACT RESPONSE                                                           FOIA NUMBERIS)-        /       I           $E 7 72                                                               DATE: kbb17 g ~"
PART 110- APPLICABLE FOIA EXEMPTIONS Rscords subject to the request that are descnbed in the enclosed Appendices                        N            ._ are being withheld in their entirety or in part under FOIA Essmptions and for the reasons set forth below pursuant to 5 U.S C. 552(b) and 10 CF R 9 5(a) of NRC Regulations, 1 The withheld informaton is properly classified pursuant to Executive Order 12356 (EXEMPTION 11
: 2. The wthheld information relates solely to the internal personnel rules and procedures of NRC. IEXEMPTION 2) 3 The withheld information is specrhcally exempted from public 6sclosure by statute indicated. (EXEMPTION 3)                                                                                                        j Section 141145 of the Atomic Energy Act which prohibets the disclosure of Restncted Data or Formerfy Restncted Data (42 U S.C. 21612165L Secten 147 of the Atomac Energy Act which prohibrts the disclosure of Unclass<fied Safeguards information 142 U.S.C. 2167L
: 4. The withheld information is e trade secret or commercial or financial informaton that is being withheld for the reason (s) indicated: (EXEMPTION Al
         <            The information is considered to be confidential business (propnetary) information.
The information is considered to be proprietary informaton pursuant to 10 CFR 2.790ldHIL
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The information was submitted and received in confidence from a foreign source pursuant to 10 CFR 2 790(cH21                                                                                                 I
: 5. The withheld information consists of interagency or intraagency records that are not ava!!able through discovery dunng litigation. Osclosure 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 inextricably lntertwmed with the predecisional information. Tnere also are no reasonably segregable factual portions because the release of the facts would permtf an indirect mquiry into the predecisional process of the agency 4 EXEMPTION 51
: 6. The wthhed information ja exempted from public declosure because its disclosu9 would result in a clearly unwarranted invasion of personal privacy. (EXEMPTION 6)
: 7. The withheld information consists of investigatory records compded for law enforcement purposes and is being withheld for the reason (s) indicated (EXEMPil0N 7)
Disclosure would interfere with an enforcement proceeding because it could reveal the scope directen, and focus of enforcement efforts, and thus could possibly allow them to take acton to shield potential wrongdoing or a violation of NRC requirements from invest 4ators (EXEMPTION 7( All Disclosure would constitute an unwarranted invasion of personal privacy (EXEMPTION 7tCH The information consists of names of individuals and other informaton the disclosure of which would reveal identities of confidential sources. (EXEMPTION 7iDH PART ll.C-DENYING OFFICIALS Pursuant to 10 CHI 9.9 and/or 9.15 of the U S. Nuclear Regulatory Commission regulations, it has been determened that the information withheld is exempt from production or disclosure.
and thct its production or disclosure is contrary to the public interest. The persons responsible for the demal are those officials identified below as denying officials and the Director.
Division of Rules and Records. Office of Administration, for any denials that may be appealed to the Executive Director for Operations (Eool DENYING OFFICIAL                                   TITLE < OFFICE                               RECORDS DENIED                                                                    APPELL ATE OFFICIAL SECRE'T ARY                                    EDo
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l I:                                                                                                                                                                                                                                 l PART ll D- APPEAL RIGHTS The denial by each denying official identified in Part II.C may be appealed to the Appellate Officialidentified in that section. Any such appeal must be in writing and must be made within 30 days of receipt of this response. Appeals must be addressed as appropriate to the Executive Director for Operations or to the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20655, and should clearly state on the envelope and in the letter that it is an " Appeal from an initial FOIA Decision."
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4A YGUAno acIU V STA D AfCToa -                        COMMITTEE ON ENVIRONMENT AND PU8UC WORKS WASHINGTON, DC20610-6176 March 5, 1987 The Honorab1( Lando W. Zech, Jr.
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Chairman                    "
                                                                                     .                                               _~
U.S. Nuclear Regulatory Coniiission                                                                             -
Washington, D.C.                    20555          _._

==Dear Lando:==
On October 2,1986, Congress enacted the Comprehensive Anti-Aprtheid Act                                            ,
of 1986 (Public Law 99-440) . Under section 309 of that Act, the imprtation into the United States of uranium ore and uranium oxide that is produced or manufactured in South Africa is now gobibited, effective December 31, 1986.
It is my understanding that the Conmission has now revised its regulations to carry out the requirements of section 309. In that regard,                                 I should like to ask you to respond to the following questions about the Conmission's implementation of this govision:
: 1.      Please describe the regulations adopted by the conmission. What types of South African uranium are gohibited under the Conmission's regulations and what gocedures have been established to ensure that all such uranium
: g.                           is goperly identified and treated accordingly?
: 2. Under the regulations adopted by the Conmisison, is the imprtation into the United States of uranium ore or uranium oxide that is brought into the United States for gocessing and then subsequently reexprted for use in
* some other country gohibited?                         Has the Conmission undertaken a legal analysis of this issue? If so, _ please govide copies of all such analyses.
: 3. Do your current regulations require an imprter to identify the specific country of origin of any shipnent of uranium, regardless of the form, into                                            i the United States?                                                                                                   j j
: 4. Do you have any requests pending to import South African uranium? If so,                                               I please identify the applicant, the amount and type of uranium to be imported, and whether the uranium is to be used in the United States or elsewhere. What is the status of,the Conmission's consideration of these                                               {
requests?
{
: 5. Please identify all existing licenses authorizing the importation of South                                            I
;                           African urani m. Under what ciremstences, if any, may such licensees
!                            import South African uranium into the United States? Please identify any such shipnents prsuant to existing licenses, including the licensee and the amount and type of uraniuru, that arrived in the United States on or                                              {
after Deomber 31, 1986.                                                                                                 j
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The Honorable Lardo W. Zech, Jr.
March 5, 1987 Page Two
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: 6. Please provide a month-by-month breakdown for 1985 and 1986 of all South African uranium imported into the United States,' the amount and type C                          _ (i.e., uranium ore, uranium oxide, uranium hexafluoride, or enriched           -
uranitn) of each individual shipnent, and whether the uranium was for use-in the United States or was subsequently reexported. With respect to uranium that originated in South Africa,,_but was shipped to the United States through some other country, please identify all such shipnents and the country through which such uranium was shipped, as well.
I appreciate your assistance in responding to these questions and look forward to hearing from you.
With warm regards, Most sincerel ,
                                                                                      'l
                                                                                 /
Alan    .     ;on
  !                                                                  Ranking Mino 'ty Member Subcommittee        Nuclear Regulation l
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