ML20235C307

Partial Response to FOIA Request for Documents Re Existing Licenses Authorizing Import of U of South African Origin. Portions of App C Documents Withheld (Ref FOIA Exemption 5). App D Documents Withheld (Ref FOIA Exemption 5)

ML20235C307
Person / Time
Issue date:	07/01/1987
From:	Grimsley D NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM)
To:	Trosten L LEBOEUF, LAMB, LEIBY & MACRAE
Shared Package
ML20235C309	List: ML20235C307 ML20235C351
References
FOIA-87-288 SECY-87-128, NUDOCS 8707090376
Download: ML20235C307 (4)

Text

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! RESPONSE TO FREEDOM OF I I **' II1 "^'

INFORMATION ACT (FOIA) REQUEST JQ y DOCKf.T NVMBERi$e i# eppaceami l

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&$hY b, $$ff PART l.-RECORDS RELE ASED OR NOT (.OCATED (See checA*v boxes)

No agency records subsect to the requesi have been located.

No additonal agency records sublect to the request ha4 been located.

Agency records subsect to the request that are idantffied in Appendix a'e already available for public inspection and copying in the NRC Public Document Room, 1717 H Street, N W., Washington, DC .

Agency records subsect to the request that are Me'ttified in Appenden are being made availebte for public inspection end copying in the NRC Public Document floom,1717 H Street, N W., Washington, DC, in a folder under this FOIA number and requester name. 1 The nonproprietary version of the proposMis) that you agreed to accept en a telephone conversation with a member of my staff is now being made available for public enspection and coying at the NRC Public Document Hoom,1717 H Street, N W., Washington, DC, in a folder under this FolA number and requester name.

Enclosed is 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 subject to the request are enclosed. Any applicable charge for copies of the records provided and payment procedures are noted in the comments section.

Records subject to the request have been referred to anothe Federal agencybes) for review and direct response to you.

In view of NRC's response to this request, no further action is being taken on appeal letter dated PART ll.A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Ccrtain informaton in the requested records is being withheld from public disclosure pursuant to the FOIA esemptons described in and for the reasons stated in Part II, sec-

' tons B, C, and D. Any reassed portons of the documenta for which only part of the record is being withheld are being redde available for public anspection and copying in the NRC Public Document Nom. '1717 H Street. N.W., Washington. DC, in u folder under this fOlA number and reques'or na me.

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FREEDM RMATION MT RESPONSE TOIA NUMBERisl: h[ h*N DATE:

i PART ll B- APPLICABLE FOIA EXEMPT _ IONS l Records sub}ect to the request that are described in the enclosed Appendices Dh Exemptions and for the reasons set forth below pursuant to 5 U.S.C. 552(b) and 10 CFR 9 5(a) of NRC Regulations.

are being withheld in their entirety or in par 1 under FOI A l l

1. The withheld information is property classified pursuant to Ex-uutive Order 12356 (EXEMPTION 1)

2. The withheld informaton relates solely to the internal personnel rules and procedures of NRC. (EXEMPTION 21 3 The withheld information o specifically enempted from public disclosure by statute indicated IEXEMPTION 31 Secten 141 145of the Atomic Energy Act which prohibits the disclosure of Restricted Data or Formerly Restricted Data 442 U S C. 2161/2f 65L Section 147 of the Atomic Energy Act which prohibits the declosure of Unclassified SafegtArds information 142 U.S C. 2167L

4. The withheld information is a trade secret or Commercial or financial information that a being withheld for the reason (s) indicated: (EXEMPTION 4)

The information a considered to bs con'idential business proprietary) information.

The information is considersd to be propnetary inforrr.aton pursuant to 10 CFR 2.790(dHlh The information was submitted and recewed in cor%idence from a foreign source pursuant to 10 CFR 2.790(d42L

6. The Mtnheid information Onsists of inter gency a or intraagency records that are not available through discovery during litigatiort 06ciosure of pfdecolonal informeten 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 intertwined with the predecisional information There also are no reasonably segregable factual portons because the release of the facts would permit an indirect mquiry into the procacisenal process of the agency. tEXEMPTION bl 6 The withheld information 5 exempted from public disclosure because its d sclosure would result in a clearty unwarranted invasion of personal pnvecy (EXEMPTION 6)

7. The withheld information consists of investigatory records compiled for law ee'arcament purposes and is being withheld for the reason (s) indicated (EXEMPTION 7)

Disclosure would interfere with an enforcement proceeding because it could reveal the scope. directon and focus of enforcement ef' orts and thus could possibiy allow them to tan action to shield potential wrongdoing or a violation of NRC requirements from investigators (EXEMPTION 7(AH Dsclosure would constitute an unwarranted invasion of personal pnvacy (EXEMPTION 7(CH The information consets of names of individuals and other information the disciosure of which would reveal identities of confidential sources iEXEMPTION 7tDH PART H C-DENYlNG OFFCIALS Pursuant to 10 CFR 9 9 and'or 915 of the U S. Nuclear Regulatury Commissen regulatons, it has been determined that the information withheld s enempi from production or disclosure.

2nd that its production or disclosure is contrary to the public interest. The persons responsible for the denel a e those oNiciais idenhfied below as denying officials and the Director.

Divisen of Rules and Records, Offir; of Adminstration, for any denials that may be appealed to the Executive Director for Operations 4001

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OPTpFCWS PART 11 D- APPEAL RIGHTS The denial by each denying official identif ied in Part ll.C may be appealed to the Appellate Official identified in that sectiort 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 tFs Executive Director for Operations or 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 thtt it is an " Appeal from an Initial FOIA Decision."

ac.c pow 464 (Pen a U S. NUCLEAR REGULATORY COMMISSION

• *si FOIA RESPONSE CONTINUATION

Re: F0IA- 87-887

. APPENDIX l

. RECORDS PARTIALLY WITHHELD NUMBER DATE DESCRIPTION & EXEMPTION

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ACT REQUEST May 19, 1987

Foza-27499 VIA HAND DELIVERY I 8"/k 7 Director, Of fice of Administration U.S. Nuclear Regulatory Commission Washington, D.C. 20555

Dear Sir:

i Pursuant to the Freedo.n of Information Act (FOIA), 5 U.S.C.

5 552 (1982 & Supp. III 1985), a nd 10 C . F . R . S 9.8 (1987), I hereby request copies of the following documents:

1. SECY-87-116, Existing Licenses Authorizing Import of Uranium of South Af rican Origin (May 7, 1987)

(including any, appendices, exhibits, or other attached or referenced documents) .

2. Any memoranda, correspondence r or any other documents in response to the March 5, 1987 letter from the Hon. i Alan K. Simpson, thS. Senate, to the Hon. Lando W.

Zech, Jr., Chairman, U.S. Nuclear Kegulatory Co'nmission.

1 Any memoranda, correspondence, or any other documents 3.

of, to or from the Nuclear Regulatory Commission used in the prepar,ation of either (i) SECY-87-ll6; or (ii) any memoranda, correspondence, or any other documents in response to the above-referenced March 5, 1987 letter.

H k h3%M w w e.

Director, Of fice of Administration i May 19, 1987

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4. Any memoranda, correspondence, or any other documents of, to or from the Nuclear Regulatory Commission regarding either (i) SECY-87-ll6; or (ii) any I memoranda, correspondence, or any other documents in response-to the above-referenced March 5, 1987 letter.

5. Any memoranda, correspondence, or any other documents of, to'or from the Nuclear gegulatory Commission, dated since March 4, 1987,l/ regarding (i) its December 31, 1986 amendment to 10 C.F.R. Part 110; (ii) License No. ISNM-83-025 (Docket No. 110-3365);

(iii) License Application No. ISNM-87-005 (Docket No.  ;

110-3928); or (iv) the interpretation or implementation of the Comprehensive Anti-Apartheid Act of 1986.

I agree to pay up to $100 for the copies of these documents. If the charges exceed thi's amount, please contact James W. Moeller at (202) 457-7500 to receive an authorization ,

for additional charges.

Sincerely yours, k

Leonard M. Trosten LMT:gmf i

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1/ I previously filed a FOIA request on March 4, 1987.

FOIA-87-138. Item 5 of the present request is intended to update that previous request.

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