View source for IA-88-363, Responds to FOIA Request for Documents Re Proposed Rules Governing U Imports.App Documents Available in PDR

{{Adams
| number = ML20151E008
| issue date = 07/13/1988
| title = Responds to FOIA Request for Documents Re Proposed Rules Governing U Imports.App Documents Available in PDR
| 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-88-363
| document report number = NUDOCS 8807250323
| document type = CORRESPONDENCE-LETTERS, NRC TO PUBLIC ENTITY/CITIZEN/ORGANIZATION/MEDIA, OUTGOING CORRESPONDENCE
| page count = 2
}}

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o nog y,,                      h,,                                                                               UNITED STATES y       ,#(                 g                                                                     NUCLE AR REGULATORY COMMISSION
                                                 .5-                          l                                                                            WASHINGTON. D. C. 20555
                                                  \ ... /
Mr. Kenneth Mokoena The National Security Archive                                                                                                             IN RESPONSE REFER 1755 Massachusetts Avenue, kW                                                                           g a b $60                        TO F0!A-88-363 Suite 500 Washington, DC 20036

==Dear Mr. Mokoena:==

This is the NRC's response to your letter dated May 26, 1987 to the Department of State (DOS) in which you requesteo, pursuant to the Freedom of Information Act, records regarding the proposed rules governing uranium imports. The DOS referred to the NRC the records identified on the enclosed appendix originated by the NRC for our review and direct response to you.
The records identified on the enclosed appendix are already available at the NRC's Public Document Room (PDR), 1717 H Street, NW, Washington, DC 20555.
Enclosed is a notice providing information on how you may obtain access to and the charges for copying records in the PDR.
Sincerely, t.. . .N,           W=
Donnie H. Grimsley, Director f      Division of Freedom of Information and v       Publications Services Office of Administration and Resources Management

==Enclosures:==
As stated cc: John A. Burke Deputy Assistant Secretary Classification / Declassification Center                                                                                                                                                                                                I Bureau of Administration                                                                                                                                                                                                                i Department of State Washington, DC. 20520 i
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s 8807250323 t300713 PDR i                                                                           FOIA                                                                                                                                                                                                                     l MOKOENA88-363 PDR

Re:  F01A-88-363 Appendix
: 1. 10/23/86 Letter to Carl Thorne from Marvin Peterson (9 pages) (Accession No.8703160404)
: 2. 11/26/86 Memorandum for Comissioner Asselstine from William Parler

==Subject:==
Legal Analysis of Section 309(a) of the Comprehensive Anti-Apartheid Act of 1986 (P.L. 99-440) (9 pa9es) (Accession No. 8704280614)
: 3. 12/23/86 Letter to Frederick McGoldrick from James R.' Shea (9 pages)
(Accession Nos. 8703160342and8703160356) 1

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               .                     htr. Frank M. hiachsk                    i                                                              <
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  '.                                 RL Freedom of Information Act Rcquest                                  O M "88-3

==Dear Mr. Machak:==

kt u .l D - I2 -2 8                 i 1
Pursesnt to the Freedom of Information Act (FOIA),5 U.S.C. Section 552, c.14 1
tsa (as ancended), I hereby reaucst disclosure of the documents described on the- .
     '[(;
last page of thit letter for inspection and possible copying.                           ; .-
    '                                                                                                                        m j                             If you regard uy of these documents as exempt from the FOIA's disclosure "
  -                                  requirements, I requot that you nonctheless exercise your di'scretion to disclose 3 them. In this connection I note that you are roquired under the FOI A to relense p any r:asonably segregable nonexempt portions of documents containing                        "
inforrantion you regard as exempt. Sectio'n'552(b). To permit an intelligent,              O.           l
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informed decision whether or not to file an administrative oppeal M any denial l
     ~                               decision, you are also r.cquested to describe withheld records (or ;,ortions thereof)                   !
nnd czplain the logical and factual basis for exemption claic... Sfa Mend Datn                           l Central. Inc. v Denn rtment of t he A h Force. 566 F.2d ~a2,251 (D.C. Cir.,1977).
ll 1
   '                                      This request is made on behnif of the National Security Archive, a nonprofit                        '
public interest research institute and library located in Washington, D.C. The
     '                                Archivt is organized and operated as a division of The Fund for Peace, Inc., n nonprofit corporation that is exempt from federal income tax under section 501(c)(3) of the internal Revenue Code, and has been acknowledged by the Internal Revenue Service since Nove'mber 19,1962 to be 'orgbnited and operated exclusively for educational purposes.*
  ;                                       The fee waiver provisions under section 552(a)(4)(A).cf the FO! A were i
I
 '                                   recently amended by the Freedom of Information Reform Act. The Reform Act's                       .
fee provisions becam: effective on April 25,1987 and rewrote section $52(a)(4)(A) to create categories of requesters entitled to fee waivers. Pub.L. 99 570, Sec.1803,
  ,                                   1804. One category consists of 'eduentional or noncommercial scientific t
institution [s] whose purpose is scholarly or scientific research' and another consists               .
 .]
of representatives of the
* news media." 5 U.S.C. 552 (a)(4)(A)(li)(ll). Requesters in' '
  ;                         , ,      these groups rcccive an a'utomatic waiver of all search and review fees, irrespective i.
of the nature or :ontents ef the documents requested. They.can be charged lj                                standard duplication costs (in excess'of the fgi rst one hundred copied pages), but j                           ,
these charges may also be waived in certain circumsta,nces.                      -
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N                                       On May 11,1987 the Archive submitted a comprehensive memortndum to your
: 9.
* ogency providing documentation under penalty of per:ury which establishes that hi
         #                                 the Archive is entitled to fee waivers under the categories of educational or noncommercial scientific institutions and representatives of the news media within 3
the meaning of the Reform Act. To summarize, the Ar~ chive's purpose is to enrich b:                                       public policy debate by makingiavailable records pertaining to important, mostly l
       *y                                 contemporary issues of major public concern in the areas of foreign, defense, intelligence, and international economic policy.
:                 Documents obtained'by the Archive, including the records requested in this letter, are carefully analyzed, indexed and organized into document sets in the
[    '
Archive's colhetion. Document sets are available for inspection and copying by scholars, journalists, Members of Congress and Congressional staffs, present and former public officials, other public interest organizations, and the general public at the Archive's Washington office. In addition, information in the documents will L
be disseminated across the country through distribution of comprehensive
                                                       ~
* document indices to university and other research libraries and through the
   ,.                                     Archive's publications.
As a staff member of the Archive,I have been assigned to conduct research on
                                                                                                                                                         ~
34; the subject of this request. I am working as part of a research team which includes P                                      experts on this subject with a Wide variety of educational and professional f                                 backgrounds relating to foreign affairs, defense, intelligence and international economic policy The qualifications of various Archive staff members are detailed '
i in the May 11,1987 memorandum forwarded to your agency,- Members of the team
       '                                  have conducted an extensive literature search at the Library of Congress and rpecialized research libraries ano have determined that the requested materials are
  ;                                       necessary to our research.                                                          '
I therefore request that you waive all search and reproduction fees pursuant to section 552(a)(4)(A), s,s amended. If you determine that the Archive does not fall within one of the two categories of recuesters described above, this request would
  -(,d)                                  also qualify for favored treatment under the 'all other requesters' category because y.
disclosure of the information in the requested documents is in the public. interest
[
    ,f                                   because it is likely to contril5ute, significantly, to public understanding of the operations or activities uf the government and is not primarily in the commercial i'                             interest of the Archive within the meaning of the Reform Act. See 5 U.S.C.
552(a)(4)(A)(iii). Should you decline to waive all fees, ho'vever, v;c are prepared to pay you normal search fees (and reproduction fees, if I decide to copy the records                                                      ,,
produced). Our willingness to pay fees is subject to our rights to appeal and litigate 3.. i       ,                 ,
the fee waiver question, and payment would be deferred until exhaustion of such rights. I further ask that if you decline to waive fees that you set forth your
   ?-                                    reasons for doing so in writing and that you obtain our authorization b(. fore                                                             '
  )                            ,         incurring scarch costs in excess of $100.                                                                                       ,
[
                                             ' In order to expedite the release of the listed documents, I request that you j
disclose them as they tacome availabid to you                         g without waiting until all the documents have been assembled. If you.have any questions that I might be able to answer regarding the identity of the records, their location, or the scope of the request, please call me I look f.orward to receiving your response within the
  ',                                     statutory time period,                                                                                                              .
f.
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       #                                 Yours very truly,         9 p                            -
  .j                                     Kenneth Mokoen At1arhment l

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L                                     Mokoena
 ';                                         Copies of all records, including but not limited to cables, memoranda, reports, briefing papers, minutes and memoranda of conversations relatfng in whole or in part to:
 .                                           'a) the proc      ng o                 fo                (S              CllED L app   ca io   for ~ port licenses o                        ranium                       outh y                                ..
                                   . ,_     A   ica.
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(b) the proposed Inter m and Final Rules governing uranium imports, 52 Fed, Rec. 7274 (March lo,' 1987), promulgated                                                 c pursuant to Section 309 of the Comprehensive Anti-Apartheid                                               L Act of 1986, Pub.L. No. 99-440, 100 Stat. 1086, as amended                                                *>
by H.J. Res. 756, Pub. L. No. 99-631, 100 Stat. 3151.
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                                       ,  BRAUNKOIILE TRANSPORT, USA                                                   )   Docket No. 11003919
                                                                                                                       )   License Application jl                                    (Import of South African-                                                    )   No. IU-87001 Uranium Ore Concentrate)                                           *
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In the Matter of                                          -
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J BRAUNKOIILE TRANSPORT, USA                                                   )   Docket No. 11003920
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(Import of South African                                                     )   No. IU-87002                             l l
Natural Uranium Hexafluoride)                                                )
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BRAUNKOIILE TRANSPORT, USA                                                   )   Docket No. 11003921
                                                                                                                       )   License Application (Import of South African                                                     )   No. ISNM-87003
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Enriched Uranium Hexafluoride)                                   .           )
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In the Matter of
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            $                             BRAUNKOIILE TRANSPORT, USA                                                    )  Docket No. 11003922 I
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                                                                                                                        )  License Application (Import of South African                                                      )    N. ISNM-87004
           ;p-                            Enriched Uranium Hexafluoride)                                       ,        )
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ADVANCED NUCLEAR FUELS CORP.                                                  )' Docket No. 11003928
                                                                                                                        )  License Application
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(Import of South African                                                     )   No. ISNM-87005
          '' jl,                          Enriched Uran:1um Hexafluoride)                                               )
                                                                                                                        )
            ;                          ,   In the Mattar of.      .                                                     )                            .
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           !                              EDLOV INTERNATIONAL Cp.                                                      -)  . Docket No. 11003929
                                                                                                                        )   License Application h                                   (Irport of S ath African                                     I
                                                                                                                        )    No. IU-87006 Uranium Ore Concentrate)                                                       )
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                 '                         In the Matter of                                                              )
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       ',4                                 EDLOV INTERNATIONAL CO.                                                       )   Docket No. 11003930
       '.                                                                                                                )   License Application
          .'                                (Import of South African                                                     )   No. IU-87007 Uranium licxafluoride)                                                        )                                          !
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N                           NEW YORK NUCLEAR CORPORATION                       )         Docket No. 11003097 N                                                                          )         License No. ISNM-83003 (Import License for Enriched Uranium )
r e                        from A Country Not Specified)                      )
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In the Matter of                                    )
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: i.                          EDLOW INTERNATIONAL COMPANY                        $           Docket No. 11002967 s                                                                              )          License No. ISNM-82020 (Import License for Enriched Uranium )
from A gountry Not Specified)                       )
ij                                                                              )
In the Matter of                                     )
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EDLOW INTERNATIONAL COMPANY                          )         Docket No. 11000168
                                                             .                    )         License No. I0-78019 (Impors License for Nuclear Source                  )
Material from A Country Not                -
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Specified)                                           )
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WESTINGHOUSE ELECTRIC CORPORATION                              Docket No. 11002348 l                                                                        )        License No. ISNM-81001
{I                    (Import License for Enriched Uranium )
from A Country Not Specified)                        i
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In the Matter of                                     )
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y                      SEPARATIVE WORK UNIT CORPORATION                     )         Docket No. 11002597 8                  -
                                                                                    )        License No. ISNM-82016 3                     (Import License for Enriched and                      )
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NUCLEAR REGULATORY COMMISSION N                                                                              '
In the Matter of                                             )
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: 8,          I INTERNATIONAL ENERGY' ASSOCIATES LTD. )
Docket No. 11003688
                                                                                                      )    License No. ISNM-64012 y                        j'(Import Licen.,e for Enriched Uranium )                                                     '
W                        '            Hexafluoride from South Africa)                              )
                                                                                                      ).
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                                                                                                     )                                    l
  ', .                         ,        PHIBRO-SALOMON, INC.                                   '
                                                                                                     )     Docket No. 11002933
                                                                                                     )     License No. ISNM-82015 (Import' License #ar Natural and                            )
Enriched Urariu.n f rom South Af rica )                       )
In the Mat''dr of                                           )
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ADVANCE NUCLEAR FUELS CORP.                                  )     Docket No. 110C3365            l
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                                                                                                     )     License No. ISNM-83025
  ./                                     (Import License for Natural and                             )
Enriched Uranium from A Country r
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Not Specified)                                               )
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In the Metter of                                             )
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BRAUNKOHLE TRANSPORT, USA                                    )     Docket No. 11003204 3                                  (Import License for Natural and
                                                                                                     )     License No. ISNM-830ll
                                                                                                     )
Enriched Uranium from A ' Country                            )                                    I
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                                 -      ,In the Matter ti                                                                                        )
d                           TRANSNUCLEAR, INC.
l                                                                                          )     Docket No. 11003111        '
                                                                                                     )     License No. ISNM-83005 (Import License for Enriched Uranium )
from A Country Not Specified)                                )
                                                                                                     )                          '
In the Matter of             .                                       ,
TRANSNUCLEAR, INC.
* g                                                                        ,              )     Docket No. 11002593 h'                           .(Import License for Special Nuclear 6)
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License No. ISNH-81017 Material from A Country Not                                  )
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