ML20133N204
| ML20133N204 | |
| Person / Time | |
|---|---|
| Issue date: | 01/16/1997 |
| From: | Racquel Powell NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Siefert M AFFILIATION NOT ASSIGNED |
| Shared Package | |
| ML20133N206 | List: |
| References | |
| FOIA-96-448 NUDOCS 9701230197 | |
| Download: ML20133N204 (5) | |
Text
U.S. NUCLEAH REGULATOR y COMMISSION NRC FOIA REQUEST NUMBER S 5 FOIA 448
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h RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST l FINAL
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RESPONSE TYPE l X l PMTIAL_ 2nd e.e..j 'JAN 16 ww DOCKET NUMBER (S)(t/apphcable; REQUESTER Martha Siefert l PART 1.-AGENCY RECORDS RELEASED OR NOT LOCATED (See checket/ boxes /
No agency records subject to the request have been located.
No additional agency records subject to the request have been locved.
Requested records are available through another public distribution program. See Comments section.
Agency records subject to the request that are identified in Appendix (es) are already available for public inspection and copying at the l NRC Public Document Room,2120 L Street, N.W., Washington, DC.
y Agency records subject to the request that are identified in Appendix (es) B are being made available for public inspection end copying Et the NRC Public Document Room,2120 L Street, N.W., Washington, DC,in a folder under this FOIA number.
The nonproprietary version of the proposal (s) that you agreed to accept in a telephone conversation with a member of my staff is now being made available for public inspection and copying at the NRC Public Document Room,2120 L Street, N.W., Washington, DC, in a folder under this FOI A number.
Agency records subject to the request that are identified in Appendix (es) may be inspected and copied at the NRC Local Public Document l Room identified in the Comments section. i Enclosed is information on how you may obtain access to and the charges for copying records located at the NRC Public Document Room,2120 L Street, N.W., Washington, DC. j y Agency recordssubject to the request areenclosed. Accendix B and the releasable oortions of Anoendix C documents Records subject to the request have been referred to another Federal agency (ies) for review and direct response to you. are encl OSed .
l Fees You will be billed by the N RC for fees totaling $
You will receive a refund from the N RC in the amount of $
In view of NRC's response to this request, no further action is being taken on appeal letter dated . No.
PART ll. A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Czrtain information in the requested records is being withheld from public disclosure pursuant to the exemptions described in and for the reasons stated XX in Part 11, 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 Public Document Room,2120 L Street, N.W., Washington, DC in a folder under this FOl A number.
COMME NTS D
~hh l-l MG ' IR E CTOR, V OF F REC M OF l. ION AND PUBLICATIONS SE RVICES
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M yr ., s 1.t I.. 9701230197 970116 '
SIEFERT96-448 PDR
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NIC FORM 464 (Part il (1-91) l
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FOla L '"iG2ER(s) DATE
. RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST F OlA 96-448 (CONTINUATION) 1AN 16 im l PART 11.5- APPLICABLE EXEMPTIONS i Rxords subject to the request that are described in the enclosed Appendix (es) I are being withheld in their entirety or in ptrt under the l Exemption No.(s) and for the reason (s) given below pursuant to 5 U.S.C. 552(b) and 10 CFR 9.17(a) of NRC regulations. I
- 1. The wethheld mformation is property classified pursuant to Executive Order. (Exemption 1)
- 2. The withheld mformation relates solely to the mternal personnel rules and procedures of NRC. (Exemption 2)
- l l3. The withhed snformation is specifically exempted from pubhc disclosure by statute indicated. (Exemption 3)
J Sections 141145 of the Atomic Energy Act, which prohibits the disclosure of Restricted Data of Formerly Restncted Data (42 U.S.C. 21612165).
4 j Section 147 of the Atomic Energy Act, which prohibits the disclosure of Unclassified Safeguards Information (42 U.S.C. 2167).
- 4. The withheld mformation is a trade secret or commercial or fmancial mformation that is bemg withheld for the easonis) indicated. (Exemption 4)
The mformation is considered to be confidential business (proprietary) mformation The esformation as considered to be proprietary mformation pursuant to 10 CFR 2 790 ldh 1)
The mformation was submitted and received m confidence pursuant to 10 CFR 2 790tdh2)
- 5. The withheld mformation consists of interagency or mtraagency records that are not available through discovery dunng htigation. (Exemption 5). Applicable Privilege:
Dehberative Process: Disclosure of predecisional information would tend to inhabit the open and frienk exchange of ideas essential to the deliberative process. 1 Where records are withheld in their entirety the facts are enentricably intertwened with the predecessona! mformat*on. There also are no reasonably segregable f actual )
1()( portions because the release of the f acts would permit an indirect movary into the predecisional process of the agency l Attorney work-product privilege (Documents prepared by an attorney in contemplation of htigation i ;
I Attorney.chent privilege, (Confidential communications between an attorney and his/her client.)
- 6. The withheld mformation is enempted from public disclosure because its disclosure would result m a clearly unwarranted invasion of personaf privacy 1xemption 6)
- 7. The withheld mformation consists of records compiled for law enforcement purposes and is beeng withheld for the reasonis) endicated. (Exemption 7)
Disclosure could reasonably be expected to mterfere with an enforcement proceedmg because it could reveal the scope, direction, and focus of M enforcement efforts, and thus could possibly allow recipients to take action to shield potential wrongdomg or a violation of NRC requirements from mvestigators. (Exemption 7 (AH Disclosure would constitute an unwarranted invasion of personal privacy. (Exemption 7tC))
n The enformation consists of names of ind,viduals and other information the disclosure of which could reasonably be enoected to revesiidentities of confidential sources. (Exemption 7 (DH OTHLR l PART 11. C-DENYlNG OFFICIALS Pursuant to 10 CFR 9.25(b) and/or 9 25lc) of the U S. Nuclear Regulatory Commission regulations it has been determined that the mformation withheld is exempt from pro-duction or declosure, and that its production or d,sclosure a contrary to the pubhc mterest. The persons responsible for the denial are those officiais ident,fied below as denymg offecials and the Director, D+sion of Freedom of Informat.on and Pubhcations Services. Office of Adminatration, for any denials that may be appealed to the Executive Director for Operations (E006 DENYlNG OFFICIAL TI T LE <OF FIC E RECORDS DENIED APPELLATE OFFICIAL l
EDO SECRETARY 10 Carl J. Paperiello Director, NMSS Appendix C XX l
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l l PART 11. D- APPEAL RIGHTS The denial by each denyme official identified in Part li.C may be appealed to the Appellate Otheial identified there. Any such appeal must be made in writmg within 30 days of receipt of this response. Appeals must be addressed, as appropriate. to the Executive D, rector for Operations, to the Secretary of the Commission, or to the Inspector General, U S. Nuclear Regulatory Commission, Washmgton, DC 20555, and should clearly state on the envelope and in the letter that it is an " Appeal from an 'nitiai FOI A Decision."
NRC FORM 464 (Part 2) (1-91) U.S. NUCLEAR REGULATORY COMMISSION
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Re: FOIA-96-448 APPENDIX B RECORDS BEING RELEASED IN THEIR ENTIRETY
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MHz DATE DESCRIPTION /(PAGE COUNT) i
- 1. 02/22/96 Listing of the files for Isotopes Specialties i
in California followed by detailed evaluations for three of the specific licenses (15 pages)
- 2. 02/23/96 E-mail to R. Bangart, et al., from P.
Goldberg,
Subject:
Additional building found contaminated in Burbank, CA (1 page)
- 3. 03/01/96 E-mail to H. Chaney from P. Goldberg, 1
Subject:
Source material license for Isotopes
- Specialties (1 page) l \
- 4. 03/01/96 E-mail to R. Bangart, et al., from P. i Goldberg,
Subject:
Update on Contamination at former Isotopes Specialties buildings (1 l page) !
- 5. 03/01/96 E-mail to F. Cameron from R. Bangart,
Subject:
Update on Contamination at former Isotopes Specialties buildings-Forwarded (.
Page)
- 6. 03/06/96 E-mail to J. Hornor from R. Bangart,
Subject:
l Isotopes Specialties Jurisdiction with attached e-mail to R. Bangart from H.
Newsome,
Subject:
SDMP sites in Agreement States (2 pages)
- 7. 03/13/96 E-mail to F. Wenslawski from H. Chaney,
Subject:
Sample Results from 170 W.
Providencia (1 page)
- 8. 04/30/96 E-mail to P. Goldberg from H. Chaney,
Subject:
Contaminated site in Los Angeles-Reply-Reply-Reply-Reply (1 pagei {
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Re: FOIA-96-448 APPENDIX C RECORDS BEING WITHHELD IN PART NO. DATE DESCRIPTION /(PAGE COUNT)/EXENPTIONS
- 1. 6/22/95 Letter from Chairman Selin to the Honorable John Glenn, (1 page), released, with attachments:
Enclosure:
Responses to Senator Glenn Questions. (8 pages) Released.
Attachment A: 5/19/95 - Recent Progress Overview. (1 page) Released Attachment B: Sites Scores, Regions I - V.
(23 pages) Withheld, EX. 5 Attachment C: Memo from James Taylor to the Commission, subject: Response to Staff Requirements - Briefing on Site Decommissioning Management Plan. (3 pages)
Released.
Attachment 1: Follow-up Questions for Agreement States. (1 page) Released Attachment 2: Office of State Programs Questions on Contaminated Sites. (1 page)
Released Attachment 3: Agenda for Agreement State Site Decommissioning Management Program Workshop March 23, 1994. (1 page) Released 11/18/93 memo from S. Chilk to J. Taylor, subject: Staff Requirements - Briefing on Site Decome.issioning Management Plan. (1 page) Released Attachment D: 8/24/94 memo from J. Taylor to the Commission, subject: Agreement State Site Decommissioning Management Plans (SDMP)
- Follow Up. (11 pages) Released
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Attachment Es 5/19/95 memo from J. Taylor to i the Commission ~, subject: HRC Assistance in j Agreement State Site Decommissioning l Management Planning (SDMP). (7.pages)
Released l
Attachment F: SDMP Federal Liability and Estimated Decommissioning Costs. (5 pages)
Released 4
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n ATTORNEYS AT LAW 3 l #%EB LU EBtte ,000 w,L,,,x,aouL. ,xo SUITE 1800 TELE P,0NE: 213-688 3400 A Lluitto LlaatuTV PARTNERSHIP luctuoiwo PRortselONAL cORPORAtl0No Los ANGELES, CA 90017 2475 FACSIMILE: 213-688 3460 F: W6 PEOUEST caseo. %-4O
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Acip N c.. Tow c,Tv Direct Dial No.
"8'"""'" 213.688.3490 Rotened Casa Boutavano sun. 2200 e-mail: MSD@loeb.com Los Anoat.s.CA 90067 4164 Tw aio 282-20w October 18,1996 ,
Fax: 310-282 2192 Russell Powell Freedom ofInformation Act Officer
",",["" , Local Public Document Room Branch u v .uv United States Nuclear Regulatory Commission
'*," 7,, Washington, D.C. 20555 Fax: 212-407-e990 Re: 170 W. Providencia Street. Burbank California 91502
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Dear Mr. Powell,
43 Mutuc Souans West ua.-a.ru 872*saa This letter is on behalf of Joseph Thomson, the current owner of the
[ *,',[','".'" above captioned property. Pursuant to the provisions of the Freedom ofInformation Act, 5 U.S.C. 552, Mr. Thomson requests access to all records in conjunction with the above captioned property. Specifically, please provide information concerning cua- Toa. o.c. any licenses issued and/or terminated by the Nuclear Regulatory Commission, any
- , '" "g""' " " documents produced in the review of the terminated license site under the authority wa ano o c. of NUREG-1444 Q 4.1.4, and any documents relating to the conclusions of the review
'"8g8' ,y,, pursuant to NUREG-1444 s 2.2.7.
Fax: 202-223-5704 If there are any fees for searching for or copying the records requested, please supply the records, and forward a bill with the records. If all or any part of Ea"' this request is denied, please cite the specific exemption (s) which justify your refusal mana o-..i c02 7% to release the m. format. ion.
tTaiv
![ o',',".3,u $3 Thank you for your cooperation in this matter. I would appreciate your handling this request as quickly as possible, and I look forward to hearing from you within ten days, as the law stipulates.
Very truly yours, i
i Martha Siefert i LOEB & LOEB LLP sIMco143. Lot ,p l
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l 1R H D Y II 4H f tu v v vu v e
Russell Powell, Freedom of Information Act Officer October 18,1996 Page 2 cc: Via Telecopier Steven Kowalewski, Esq.
State Department of Health Services Food, Drug, and Radiation 601 N. Seventh Street, Mail Stop 178 i Sacramento, California 95814 l SIMC0143.L01 l
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