ML20214P772

Final Response to FOIA Request.Document Listed Already Available in Pdr.Documents in App a Completely Withheld (Ref FOIA Exemption 4)

ML20214P772
Person / Time
Issue date:	06/01/1987
From:	Grimsley D NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM)
To:	Virostek C KISKI VALLEY COALITION TO SAVE OUR CHILDREN
References
FOIA-86-837 NUDOCS 8706040014
Download: ML20214P772 (3)

Text

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l l PARTlAL 5 INFORMATION ACT (FOIA) REQUEST

'e f JUN -1 1987 OOCnET NUMsf R Si ur sopassami KEQUESTER De s 11 .$ } OO PART 1.-RECORDS RELEASED OR NOT LOCATED (See checked bones)

No agency records subsect to the request have been located No additenal agency records subrect to the request have been located.

Agency records subsect to the request that are identifed in Appendix _ _. are already avadable for public inspecten and copymg in the NRC Public Document Room, 1717 H Street, N.W., Washington, DC Agency records subsect to the request that are identifed in Appendam are being made available for pubhc inspection and copying in the NRC Public Document Room,1717 H Street, N W., Washington, DC, in a folder under the FOIA number and requester name The nonpropnetary verson of the proposaust that you agreed to accept in a tetephone conversation with a member of my staff is now being made available for public inspecten and coymg at tbs NRC Public Document Room,1717 H Street. N W . Washington, DC. in a folder under this FOtA number and requester name.

Enclosed e informaton 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 subsect to the request are enclosed. Any apphcable charge for copies of the records provided and payment procedures are noted in the ccmments section.

Records subsect to the request have been refened to another Federal agencybes) for revew and direct response to you.

In view of NRC's response to the request, no further acDon s being taken on appeal le*ier dated PART ll.A-INFORMATi% WITHHELD FROM PUBLIC DISCLOSURE Certain informaton in the requested records is being withheld from public disclosure pursuant to the FOIA exemptions described in and for the reasons stated in Part 11 sec-tsons B, C, and D. Any released portens of the documents for which only part of the record a being withheld are being made available for public inspecton and copying in the NRC Public Document Room,1717 H Street. N W., Washington. DC. in a folder under thes FOIA number and requester name.

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fj DATE PAMT ll B- APPLICABLE FOtA EXEMPTIONS Records subject to the request that are described in the enclosed Appendices _._ are beMg withhelj in their entirety or in part under FOI A Exemptions and for the reasons set forth below pursuant to 5 U.S.C. 552(b) and to tFR 9.5(al of NRC Regulatons.

1. The withheld mformation a property class > fed pursuant to Executive Order 12356 (EXEMPTION 1) 2 The wthheid snformation relates solely to the entemal personnel rules and procedures of NRC. tEXEMPTION 2)

3. The wthheld mformation a specifically exempted from public disclosure by statute mdecated IEXEMPTION 3)

Section 141145 of the Atomc Energy Act which prohibits the dsclosure of Restrcted Data 'or Formerly Restricted Data 142 U S C. 2161-2165).

Secten 147 of the Atomic Energy Act whch prohibits the disclosure of Unclassafed Safeguards Informaten (42 U.S C. 2167).

4. The wthheld information e a trade secret or commercial or financial eformation that es bemg w thheld for the reason (s) indicated IEXEMPTION 4)

The mformaten a considered to be confidential busmess (propnetary) information.

The informaton a considered to be propretary mformaton pursuant to 10 CFR 2.790id)(11.

The informaton was submitted and receeved in confidence from a foreign source pursaant to 10 CFR 2 790id:12L

5. The ethheid informaton cons.sts of interagency or intraagency records that are not available through discovery dunng istigation. Declosure of predecisaonal informaton would tend to inhabit the open and frank enchange of ideas essential to the deliberative process. Where records are wthheld m thest entirety, the facts are neutncably entertwmed wth the predecisenal mformation. There also are no reasonably segregable factual portons because the release of the facts would permit an mdirect mquiry mio the predecis onal process of the agency (EXEMPTION M

8. The wthheld mformaton is exempted from pubesc disclosure because its disclosure would result in a clearty unwarranted mvasen of personal pnvacy. (EXEMPTION 61

7. The withheld informaton consists of investegatory records comoded for law enforcement purposes and a being withheld for the reason (s) indicated. (EXEMPTION 71 Disclosure would eterfere wth an enforcement proceeding because st could reveal the scope, dwecten, and focus of enforcement efforts. and thus could poss4bly allow them to take acton to sheid potential wrongdomg or a volaton of NRC requwements from mvestigators (EXEMPTION 7(AH Declosure would constitute an unwarranted mvason of personal pnvacy (EXEMPTION 7(C))

The information conssis of names of individuals and other mformaton the disclosure of which would reveal ider.tities of contdentet sources. (EXEMPTION 7103 PART ll C-DENYING OFFICIALS Pursuant to 10 CFR 9 9 and 'or 915 of the U S. Nuclear Regulatory Comimsson regulatons. it has beer determened that the informaten wthheld as exempt from producten or disclosure.

and that its production or disclosure o contrary to the public interest The persons responsible for the denial are those officials identifed below as denying officiais and the Director.

Division of Rules and Records. Offce of Adfrunestration. for any denials that may be appealed to the Executive Director for Operatens iEDot DENYING OFFICIAL _ TIT LE t OF FiCE j RECORDS DENIED APPELLATE OFFICIAL

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i PART Il D- APPEAL RIGHTS The denial by each denying officialidentified 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 tha Secretary of the Com nission, U.S. Nuclear Regulatory Commission, Washington, DC 20555, and should clearly state on the envelope and in the letter thtt it is an " Appeal fror, an initial FOIA Decision."

CC FOW 484 IPert 2:

<e asi U.S. NUCLEAR REGULATORY COMMISSION FOIA RESPONSE CONTINUATION i

Re: FolA- ff - fj f l , APPENDIX jf_

RECORDS TOTALLY WITHHELD NUMBER DATE DESCRIPTION & EXEMPTION

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, JUN 5 1974

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APPENDIX B Nuclear Materials and Equipment Corporation Docket No.70-364 License No. SNM-414 NOTICE OF VIOLATION i

Based on the results of AEC Inspection No. 70-364/74-02 conducted on January 22, through February 1,1974, it appears that one of your .

&ctivities was not in full compliance with AEC requirements as indi-

! cated below. This violation was discussed with licensee managecent l at a meeting held on January 29, 1974. 1

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1.) License Condition 7.3, Amendment MPP-1, requires that the licensee l i

submit Form JEC-742 " Material Status Reports," for all plutonium, as of the last day of each month. The reports are to be filed with the AEC within fifteen days after the end of each month.

Contrary to the above, Material Status Reports for Plutonium-238 were not submitted for any of those months in calendar year 1973 in which NUMEC actually possessed such material.

(Severity Category III)

(Civil Penalty = $500.00)

Based on the results of AEC Inspection No. 70-364/74-04 conducted on

. January 29 through February 1,1974, it appears that certain of your activities were not in full compliance with AEC requirements as indi-cated below. These violations were discussed with licensee management at a meeting held on February 1, 1974.

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2. Section III.1 of the hplication subinitted April 5,1954.) & I incorporated into License condition.8 on November 13, 1967, ,

requires in part that access to and from controlled contamination

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steas be made only through change areas. Also, an alpha survey is required,of all people leaving the change area. 1 Contrary to this requirement, on January 30, 1974, a NUMEC employee escorted a Regulatory Operations inspector out from a controlled contamination area _at a location other than a change area where no sipha survey meter was available and no alpha survey was made upon leaving the controlled contamination zone.

(Severity Category II)

(Civil Penalty = $300.00)

OFFICIAL USE ONLY ni dien I?fr*to n f . h&hY .

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