ML20155H433

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Partial Response to FOIA Request for Documents.Forwards App E Documents.App D & E Documents Available in PDR
ML20155H433
Person / Time
Site: 05000142, Berkeley Research Reactor
Issue date: 06/03/1988
From: Grimsley D
NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM)
To: Aftergood S
COMMITTEE TO BRIDGE THE GAP
Shared Package
ML20155H438 List:
References
FOIA-85-196 NUDOCS 8806200274
Download: ML20155H433 (4)
v • d • e


Text

, , . NUCLEAR REGULATOPY COMMISSION sac so a atoutst wveta s.

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I F01A-85-196

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f RESPONSE TO FFkEEDOM OF I'

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INFORMATION ACT (FOIA) REQUEST occatt wvm si- m.J. W - nJSBs

  1. EOutstta Mr. Steven Aftergood PART f.-RECORDS RELE ASED OR NOT LOCATIO lSee checaed bonest No agency records sutut to the west have been locatsJ No additonal avency records subpect to ths equest r hase Leon located Agency records subect to the request that are ic,entd.ed e Acpend<a _ a o already a.44b'e for pubhc espect.on and copveg c fee NRC Pute.c DocumentRoom j 1717 H Street N W . W ashegion DC

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Agency recmds sutsett to toe request t>M are cert 4 +J e A cce nd. m _ ._ __ 6 _ _ , are tv rg mie 45 alatie f or cutu .nspectoa aN coc,ing c the NR C Put hc Dome-t y l Room 1717 H Street N W . W as? egion DC. in a folder unde' tNs FOi A ru 'ad reo ester came i

l The nonpupretaw we's.on c f t*e p>cposa ,si t*at you agreed to acce:I e a to ephee ,w ut i a me-t+r of rei s'a" +s Na t+ N N.1e awadab.e 'or puboc esc e t r and coveg at tee NRC Pwts.c Doc., men. Room.1717 H Street N W . W aregton. DC . e a tower uncer t*e F Oi A nurncer and reavester name Encicsed e eformatoe on how vcw may otia.n access to and the chaages for ccpveg recoids piased e tN NRC Pota.c Documeat Room 1717 H Street. N W , Washegten DC Agcecy records sub.ect to f*e reAest a*e encbsad Aay appbcat*e Che'ge for copes of 1 e recyds prowwied and paywent procedur es are ncted n the comments section Records e bect to the request Pswe been refe"ed to another Fede'at agencWest be rev.ew and d: rect resporte to vow in inen of NRC s resconse to t*e request no fun *er acton e becg ' amen on anteal ner'er datei PART 11 A-INFORM ATION WITHHELD FROM PUBLIC OISCLOSURE Cenae e'oreataan e t*e reo .rs'ed records e t-*.N *,tpeu hom putec d1sceso re purs ae to the FOi A esemples descrted e aM for the reasons sta'ed e Pa'i R sec t.ons B C. and D Ary re+as d wtcra c' t*e Omm-w fo. *** a or+v c eri of t*e rec or e !s t.e n g .t*se.d a e t+=ry maae s.a4atse 'or pwtd.c espect.on and copying se the NRC Putd.c Documeet Re 1717 H Street N W . W asheg'on DC e a fo'de'  : uhder Of A un *cer and reQWer e4** c Conwnents I

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-196 PDR

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Re: F01A-85-196 APPENDIX D RECOPDS ALREADY IN THE PDR

1. 12/1/78 Ltr to Robert Reid from Harold Brown. (1 page) l PDR # 7812080099
2. 8/30/79 Ltr to Robert Reid from Harold Brown. (1 page) l POR # 7909070413
3. 8/20/82 Ltr to University of California from Norderhaug. (4 pages) PDR # 8209080072 l

l 4. 7/26/84 Ltr to University of California from Schuster. (4 pages) l' PDR # 8408210161 l

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I Re: F0lA-85-195 APPENDIX E RECORDS TO BE PLACED AT THE PDR

1. Undated Ltr to Carlson from Ashbaugh. (12 pages)
2. Undated Details. (8 pages)
3. 1/25/71 Repcrt of the Inspection of Safeguards Control of Nuclear Materials of University of California. (79 pages)
4. 6/20/75 Ltr to Giambusso from Hicks. (9 pages)
5. 7/15/75 Ltr to Giambusso from Hicks. (7 pages)
6. 9/5/75- Memo to Lear from Houston, re: University of California.

(2 pages)

7. 9/25/75 Ltr to Regents of University of California from.Goller.

(2 pages)

8. 10/21/75 Ltr to Goller from Kastenberg (3 pages)
9. 4/1/76 Ltr to Rusche from Kastenberg. (8 pages) 10, 5/11/76 Memo to Lear from Houston, re: Response to Technical Assistance Request University of California at Los Angeles. (3 pages) 11, 5/26/76 Ltr to Rusche from Kastenberg. (28 pages) 12, 6/9/76 Ltr to Rusche from Kastenberg. (2 pages)
13. 7/12/76 UCLA Security Plan. (1 page) 14, 8/3/76 Ltr to Rusche from Catton. (2 pages)
15. 8/13/76 Ltr to Regents of University of California from Rizzolo.

(11 pages) 16, 9/30/76 Ltr to Rusche from Catton w/ attachments. (23 pages) 17, 12/13/76 Ltr to Rusche from Catton w/ attachments. (4 pages)

18. 1/20/77 Ltr to Rusche from Catton, w/ attachments. (23 pages)
19. 5/31/77 Memo for Lear from Clark, subject: Response to Review Assignment - Review of University of California at Los Angeles Security Plan. (2 pages) t - - - --

I.

Re: F0!A-85-196 i, APPENDIX E .

(CONTINUED) 20, 3/31/77 Memo for Clark from McPeek, subject: Evaluation of Proposed Changes to University of California at Los Angeles Branch. (2 pages) 21, 5/13/77 Ltr to Case from Catton, w/ attachments. (5 pages)

22. 8/31/77 Ltr to Case from Brown w/ attachments. (9 pages)
23. 3/13/78 Ltr to Case from Brown w/ attachments. (10 pages) 24 7/6/78 Ltr to Case from Brown w/ attachments. (3 pages)
25. 8/3/78 Memo to Clark from Sinisgall, subject: Security Plan Evaluation for the Universit Argonaut Reactor. (4 pages) y of California, Los Angeles 26, 8/17/78 Ltr to Case from Brown. (3 pages) 27, 9/6/78 Ltr to Akers from Catton. (2 pages) 28, 9/22/78 Ltr to University of California from Reid. (2 pages)
29. 11/30/78 Ltr to Denton from Catton w/ attachments. (10 pages)
30. 1/19/79 Ltr to Norderhaug from Evraets. (3 pages)
31. 8/29/79 Ltr to Reid from Catton, subject: Safeguards Uporad Rule.

(2 pages)

32. 8/15/79 Ltr to Miller from Brown. (2 pages)
33. 8/17/79 Ltr to Brown from Miller. (3 pages) i l

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. .* ' COMMITTEE TO BRIDGE THE GAP 1637 BUTLER AVENUE m203 LOS ANGELES, CAUFORNIA 90025 (213) 478-0829 durch 21,1985 m

Director of fice of Administration Division of Rules and Records U.S. Nuclear Regulatory Ccrmission f

Washington, D.C. 20555 BY EXPRESS. EDOM OF INFO % A non M REQUES7 FOIA Request gg , )gg tear Sir:

Pursuant to the Freedom of Information Act, as amended, I hereby request the following records and documents regarding the UCLA reactor facility, Docket 50-142, and the Special Nuclear Material formerly possessed pursuant to Pacility License R-71:

(1) The security p'an as submitted to NRC in 1980.

(2) All subsequent a: rend: rents thereto.

(3) All prior security plans for the UCIA reactor facility, ard all amendments thereto, from 1959 on. .,;

(4) All security inspection reports for the UCIA reactor facility, including notices of violation, and responses thereto, frcm 1959 on.

(5) All correspondence between UCLA apd the AEC/NRC, and between the AEC/NRC and UCIA,1959 to the present, dedling with the security plans or amendments, occurrences at the facility of a security interest, or any other matter associated with the security of the UCLA reactor and/or its Special Nuclear buterial.

(6) All transcripts, correspondence, pleadings, Bcard Memoranda and Orders, written testimcny, affidavits, and other documents generated in or associated with the UCLA reactor relicensing proceeding which were not released to the Public Document Room because they allegedly contained information related to the security of the UCIA reactor ard its SNM.

(7) Any other documents or records not included in items (1) through (6) l related to Docket 50-142 from 1959 to the present that were not released to  !

the Public Document Roca tecause they allegedly contained safeguards or security informticn.

(8) Memoranda, correspondence, or other documents or records generated i by Hal Bernard or Colleen P. Woodhead since June 1984 discussing response to l any request by UCLA for return or restriction of release of documents associated with the UCIA reactor or its Special Nuclear buterial formerly I classified as containing Safeguards Information. This shall include, but not '

be limited to, any request by Hal Bermrd or Colleen P. Woodhead to other ,

NRC Staff personnel or offices for return of UCLA former sateguanis g docurents such as security plan and a: rend: rents.

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(9) Memoranda, correspondence, or other documents or records generated by other NRC personnel than Hal Bernard or Colleen P. Woodhead on the subject identified in (8) above. 'Ihis shall include responses by NRC personnel to any such memoranda, correspondence, or other documents or records.

(10) Memoranda, correspcodence, or other documents or records not included in (8) or (9) above discussing the post-June 1984 status of the UCIA security plan, amendments thereto, and other UCIA documents in possession of NRC that were formerly categorized as not releasable to the public because they contained Safeguards Information. These documents or records to include, but not be limited to, items tMt address the issue of releasability of former safegards information once the Special Nuclear Material that was being safegmrded has been removed f rom the site in question and the NRC-approved security plan and associated safegmrds information protection requirements no longer apply.

(11) Documents or records r,ot included in response to items (8), (9) or (10) but discussing matters surrounding these issues.

Wis request includes all agency records as defined in 10 CFR 9.3a(b) and the NRC Manel, Appendix 0211, Parts 1.A.2 and A.3 (approved October 8, 1980) whether they exist currently in the NRC of ficial, "working,"

investigative or other files, or at any other location.

Se last four categories of records requested abcn/e should represent, amcng other items, all documents and records in the agency's possession as of receipt of this request that discuss response to UCIXs request of January 16, 1985, for return or restriction of its former (most recent) security plan and amendments thereto, as well as all other documents and

' records discussing the status of releasability of UCIA documents formerly categorized as containing safeguards Information now that the Special Nuclear Material has been removed and the facility is ccnsidered by UCIA and the NRC Staff to no longer be required to have an NRC-approved security plan nor comply with Part 73 requirements.

We first seven categories of documents should represent all documents and records possessed by the NRC as of the date of receipt of this FOIA rcquest related to Doce,et 50-142 and License R-71 which have not previously been included in the public docket because they were alleged at the time to contain infonnation properly categorized as safeguards information or otherwise discussing security matters. Because of UCINs decicion to permanently close down and dismantle its reactor facility, and because all reactor fuel has been reported by UCIA to have been removed from the site, these documents are no longer properly categorized as containing safeguartis informatico and should be released, as required by 10 CFR 73.21(i).

10 CFR 73.21(i) (Removal from Safeguards Information Category) requires th t:

Documents originally containing safegtnrds Informatico shall be removed from the safegmrds Information category whenever the information no longer meets the criteria contained in this section.

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Section 73.21 of Title 10 of the Code of Federal Regulations provides the criteria by which the NRC my properly restrict distribution of unclassified safeguards information. Those criteria are that the informtion related to physical protection of licensees can and should be restricted from public release if the licensee (1) possesses a formula quantity of strategic special nuclear material, (2) is autrorized to operate a nuclear power reactor, or (3) transports, or delivers to a carrier for transport, a formula quantity of strategic special nuclear material or more than 100 grams of irradiated reactor fuel.

The documents in gaestion are no longer properly protectable from release because none of the three criteria specified in the regulation are met. (1) UCIA no Icnger possesses any fuel. (2) UCIA was a research, not power reactor, and in any event, is no longer authorized to operate the research reactor, its license having been amended to a possession only status. (3) All irradiated fuel has already been transported off-site.

10 CFR 73.21 provides the criteria by which security informtion can be properly prohibited from public release. Section (i) of that regulatico requires that documents originally containing Safeguards Information must be removed from the category of information requiring protection "whenever" the information no longer meets the criteria contained in 10 CFR 73.21. The informaticn in question, dealing with past (in some cases, 25 years past) security for Special Nuclear Material no longer on site ard former plans which UCLA itself says NRC regulations no longer require, no longer meets any of the 73.21 criteria and therefore must be removed from the protected category and made releasable.

Whereas the documents in question may once have been protectable from disclosure under 73.21 (ard, before the promulgation of that regulation, 10 CFR 2.790) tecause they assertedly contained Safeguards Informtion, that is no longer the case. (Please note that even 2.790(d), under which some of the material was previously categorized, no longer applies, because it only deals with documents containing information, not otherwise categorized as safeguards Informtion, related to the physical protection of Special Nuclear Material, which UCIA no longer possesses.) With the decision to close the f acility and the off-shipment of the SNM--i.e., the nuclear mterial the NRC is mandated to protect--the original tasis, and the only relevant legal NRC authority for restraining release of the material (now almost entirely historical) has vanished.

CBG requests that fees be waived, because the "information can be ccnsidered as primarily tenefitting the general public," 5 U.S.C. 552 (a)(4)(a). CB3 is a ncn-profit, nonpartisan public interest organization l ccncerned with safeguards matters related to ncopower reactors and with  !

apprcpriate conduct of NRC and licensee employees in proceedings before the NRC, as well as being party to the on-going DCIA reactor proceedirg (no l termination order has yet issued) and petitioner for leave to intervene in j the UCLA dismntlerent proceeding. I l

Pursuant to the requirements of,f the Freedom of Information Act and the practice and procedure o_f the NRC M carrying out its obligations under f  ;

FOIA 1 CEG requests that no documents related to this request in possession I of the NRC as of the date of receipt of this lequest be destroyed or transferred f rom the custaTy of the NRC until final resolution of tIiis l

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request, including any appeal that may result _ therefrom, and that the _mIA of fice promptly g inform NRC staff personnel who may be currently in possession of documents related to this request. By copy of this letter, we are informing Colleen P. Woodhead, Hal Bernard, Joseph Gray, Harold Denton, Cecil Thomas, and the Director of OIA that the above documents are ,

subject of an active NIA request and that destruction or transfer of any of them from NRC custody is therefore prohibited until the FOIA reqJest is finally resolved. Please make your own notification to all relevant offices and individuals as soon as possible.

Some of the documents identified in this request are, we believe, subject of a previous NIA request submitted by CBG last year for all documents associated with an investigation by the Office of Inspector Auditor into allegations of misconduct made by the Atomic Safety and Licensing Board with respect to certain NRC employees. In particular, the security plan and some of the inspection reports for UCM were specifically identified by the ASLB in its February 24, 1984 Memorandum and Order making the charges of misconduct and are, we believe, likely to be part of the OIA investigatory file subject to our earlier request. Any destruction or transfer of custody of these documents pending final resolution of that earlier mIA request would likewise violate agency obligations under NIA (see, e.g., the Apolecate case). We renew our inquiry as to the long-delayed response to that previous mIA submission.

Should any of the documents identified in this NIA request, or associated with it but identified previously in the earlier MIA rcquest related to the OIA investigation, have been destroyed or transferred from NRC custody, we request ful1 description of the circumstances surrcunding the removal, transfer, or destruction of the requested records, including the identity of all individuals involved, and the relevant dates.

'Ihe above documents are currently subject of settlement negotiations among the parties to the UCM proceeding, the results of which nay affect matters related to this request.

Please promptly take the necessary steps 9 assure that the documents in question are neither destroyed nor removed from NRC custcdy while response y these mIA requests are being processed (or,in the unlikely event that any portions of these documents are not provided despite their no_

longer containing protectable safeguards Information, until all appeals have been exhausted. )

Sincerely, Steven Aftergood Executive Director g ec: H. Denton*

C. Thmas* t H. Bernard

  • C. Wocxihead*

J. Gray

  • l Director, OIA*

,W. Connier (UCLA) 4 i 1

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