ML20138P410

Partial Response to FOIA Request for Documents Re U Mill Tailings Regulations.Encl App Q & Portions of App R in Pdr. Portions of App R Withheld (Ref FOIA Exemption 5).App Withheld (Ref FOIA Exemption 5)

ML20138P410
Person / Time
Issue date:	10/18/1985
From:	Felton J NRC OFFICE OF ADMINISTRATION (ADM)
To:	Berick D ENVIRONMENTAL POLICY INSTITUTE
Shared Package
ML20136D839	List: IA-84-709, Requests Options Paper Assigned on 840103 Re SECY-85-450 on United Nuclear Corp Vs EPA, Before Commission Decision on Conforming NRC Regulations to EPA Stds ML20136D842 ML20136E826 ML20138P410 ML20138P429 ML20138P445 ML20138P449 ML20138P459 ML20138P470 ML20138P481 ML20138P541 ML20138P556 ML20138P577
References
FOIA-84-709, REF-10CFR9.7 SECY-83-450, NUDOCS 8511070109
Download: ML20138P410 (6)

Text

- . .. .

1. - 'g o UNITED STATES NUCLEAR REGULATORY COMMISSION

/ l i p, WASHINGTON, D. C. 20555

$  : C

( .....

,/ . , ,

d(O U

l OCT 18 %

i I Mr. David Berick, Director Nuclear Waste and Safety Project

! Environmental Policy Institute

218 D Street, SE IN RESPONSE REFER

! Washington, DC 20003 TO F01A-84-709

Dear Mr. Berick:

1 j This is in further response to your letter dated August 29, 1984, in which you

! requested, pursuant to the Freedom of Information Act (F0IA), nine categories i of documents concerning uranium mill tailings regulations.

The documents listed on Appendix 0 are being placed in the NRC Public Document i

Room (POR), 1717 H Street, NW, Washington, DC. You may obtain access by pres-enting a copy of this letter or by requesting PDR folder F01A-84-709 in your name.

Portions of the documents listed on Appendix R and all of the documents listed j on Appendix 5 are being withheld from public disclosure pursuant to Exemption

(5) of the F0IA (5 U.S.C. 552(b)(5)) and 10 CFR 9.5(a)(5) of the Commission's regulations. The information withheld consists of handwritten notes, drafts and/or predecisional advice, opinions and recommendations. Because the deleted j information reflects the predecisional process of the agency, it is exempt l from mandatory disclosure. Felease of this information would tend to inhibit i the open and frank exchange of ideas essential to the deliberative process.

The nonexempt portions of the documents listed on Appendix R are being placed i in the PDR. There are no reasonably segregable factual portions of the

Appendix S documents because release of the facts would permit an indirect inquiry into the predecisional process of the agency.

Pursuant to 10 CFR 9.15 of the Comission's regulations, it has been determined j 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 this denial is Mr. John Hoyle, Assistant Secretary of the

! Comission.

! This denial may be appealed to the Secretary of the Commission within 30 days from the receipt of this letter. Any such appeal must be in writing, addressed 4

to the Secretary of the Commission U.S. Nuclear Regulatory Commission, Washington, DC 20555, and should clearly state on the envelope and in the letter

. that it is an " Appeal from an Initial FOIA Decision."

l i

8511070109 B51018 PDR l FOIA '

BERICMB4-709 PDR

The review of additional documents is continuing. As soon as our review is completed, we will notify you.

Sin rely, J . Felton, Director Division of Rules and Records Office of Administration

Enclosures:

As stated

Re: F0IA-84-709 APPENDIX Q

1. 01/04/83 Memo for Dircks from Roberts, subject: Uranium Mill Tailings Regulations (1 page)

2. 03/06/84 Memo for Palladino and Commissioners from Dircks, subject:

Uranium Mill Tailings (3 pages)

3. 03/23/84 Memo for Chilk from Roberts, subject: Staff Requirements Memorandum, dated January 1,1983 re: SECY-83-450 - United Nuclear Corp. v. U.S. EPA, et.al . Civ. No. 83-1602C, D.N.M.

(2 pages)

4. 03/29/84 Note to Commissioner Asselstine from Dircks, w/ enclosures:

03/27/84 Memo Re: Respective Agency Authorities Under the Atomic Energy Act, as Amended, Summary. (30 pages)

5. 04/30/84 Memo for Palladino from Roberts, subject: Uranium Mill Tailings: Comments on Part 3 and MOU (1 page) i

7_. _ . _ . _ _ .__ _ _ _

l i

1 i Re: F01A-84-709 APPENDIX R

1. 01/27/83 Memo for Commission from J.F. Ahearne, " Mill Tailings Meeting."

i- (1 page)

! 2. 06/30/83 Memo for Dircks from Chilk, "SECY-83-195 - Staff Coments

! on EPA's Proposed Standards for Uranium and Thorium Mill l Tailings at Licensed Comercial Processing Sites" (1 page) l 3. 11/03/83 SECY-83-450, " United Nuclear Corp. ET AL. v. U.S. EPA, ET AL,

• CIV. No. 83-1602C, 8.N.M. (47 pages) }

! 4. 12/07/83 Memo for Comm. Asselstine from Chilk, " Uranium Mill Tailings Regulations" (1 page) w/ attachments:

} A. 12/2/83 COMJA-83-8, memo from Chilk to Dircks, " Uranium Mill

]

Tailings Regulations," w/ handwritten notes (1 page)

8. 12/7/83 COMJA-83-8, memo from Chilk to Asselstine, " Uranium Mill Tailings Regulations," w/ handwritten notation (1 page) i i C. 12/2/83 COMJA-83-8 Memo from Chilk to Asselstine, " Uranium Mill Tailings Regulations," w/ handwritten notes (1 page)

D. 10/14/83 COMJA-83-8 memo from Asselstine to Cmrs., " Uranium Mill Tailings Regulations," w/ handwritten notes (1 page)

! E. 12/2/83 COMJA-83-8 memo from Chilk to Dircks, " Uranium Mill Tailings Regulation." (2 pages)

F. 10/14/83 COMJA-83-8 memo from Asselstine to Cmrs., " Uranium Mill Tailings Regulations, " w/ handwritten notes of N. Shimer (1 page) i G. 10/14/83 COMJA-83-3 memo from Asselstine to Cmrs., " Uranium l Mill Tailings Regulations," w/ handwritten vote of T. Roberts l (1page) i

5. 04/26/84 Memo for Davis from Browning, "Ruckelshaus Meeting Package"

, (1 page) with attached " Outline for Meeting with Ruckelshaus" (10 pages) w/ listed enclosures-i k

i

[

J 1

Re: F01A-84-709 APPENDIX S l 1. Undated Notes of J.K. Asselstine on draft ltrs to Udall and Simpson j

regarding relationship of NRC and EPA in uranium mill tailings program (5 pages)

2. Undated Notes of J.K. Asselstine on " Draft Tentative Recommendations

from NRC Deliberations on April 19, 1984 Regarding an Overall Course of Action for Resolution of Mill-Tailings Issues Before the Commission."

j 3. 12/28/83 SECY-83-523, " Proposed Amendments to Uranium Mill Tailings Regulations," from Dircks to Cmrs., (6 pages)

A. Draft Federal Register notice of Proposed Rulemaking (30 pages) i

, B. Draft Federal Register notice of Advanced Notice of Proposed j Rulemaking (8 pages)

C. Draft Public Announcement - Not Part of Paper forwarded to Commissioners at later date l

D. Draft letters to Congress transmitting draft Federal Register l notices (3 pages) i

! 4 04/06/84 Pre-NRC/ EPA Meeting Briefing (13 pages) i i 5. 04/12/84 Memo for Commission EDO, 0GC and OPE from Palladino, " Uranium Mill Tailings" (2 pages) 1

6. 04/13/84 Conclusions and agreements reached between NRC/ EPA Representatives (Charles S. Carter, Assistant General Counsel, i EPA) i' 7. 04/20/84 Memo for Commission from Palladino, " Tentative Recommendations Concerning Mill Tailings Resulting from Meeting on April'19, 1984." (7 pages) i

8. 04/30/84 Memo for Commission from Palladino, " Recommendations Concerning Mill Tailings." (9 pages)

9. OE/09/84 Memo to Commission from Palladino, " Meeting with Administrator Ruckelshaus " (1 page)

10. 06/04/84, Memo to Commission from Palladino, " Meeting with EPA Administrator Ruckelshaus" (26 pages) i t

l 6

t i

f

Re: F01A-84-709 APPENDIX S (Continued)

11. 08/08/84 Memo to Commission from Palladino, " Proposed Amendments to Uranium Mill Tailings Regulations and Advanced Notice of Proposed Rulemaking" (2 pages)

12. 08/09/84 Memo for Commission from Palladino, " Modification to Page 2 of August 8 Memorandum on the Subject of Proposed Amendments to Uranium Mill Tailings Regulations and Advanced Notice of Proposed Rulemaking" (2 pages) 4 i

- - , , .