ML20129B220

Further Response to FOIA Request Re U Mill Tailings Regulations.Forwards App H Documents.Documents Also Available in Pdr.Attachment 1 to App I Document & All App J Documents Withheld (Ref FOIA Exemption 5)

ML20129B220
Person / Time
Issue date:	03/12/1985
From:	Felton J NRC OFFICE OF ADMINISTRATION (ADM)
To:	Berick D ENVIRONMENTAL POLICY INSTITUTE
Shared Package
ML20129B225	List: ML20129B220 ML20129B256 ML20129B268 ML20129B288 ML20129B307 ML20129B324 ML20129B348 ML20129B369 ML20129B380 ML20129B391
References
FOIA-84-709 NUDOCS 8506050154
Download: ML20129B220 (5)

Text

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\n UNITED STATES NUCLEAR REGULATORY COMMISSION r, WASHINGTON, D. C. 20655

\*....}y MAR 12 #416 Mr. David Berick, Director IN RESPONSE REFER Nuclear Waste and Safety Project TO FOIA-84-709 Environmental Policy Institute 218 D Street, SE Washington, DC 20003

Dear Mr. Berick:

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 of documents concerning uranium mill tailings regulations.

The documents listed on Appendix H are being placed in the NRC Public Document Room, 1717 H Street, NW, Washington, DC 20555. You may obtain access by presenting a copy of this letter or by requesting folder F01A-84-709 in your name.

Attachment 1 to the document listed on Appendix I and all of the documents listed on Appendix J are being withheld pursuant to Exemption (5) of the F0IA (5 U.S.C. 552(b)(5)) and 10 CFR 9.5(a)(5) of the Comission's regulations. The information being withheld in the document on Appendix I consists of Chairman Palladino's vote sheet on SECY-83-523. The information being withheld in the documents in Appendix I and Appendix J consists of the advice, opinions, and recomendations of the Chaiman regarding the proposed amendments to the uranium mill tailings regulations. Because these documents reflect the predecisional process of the agency, the documents are exempt from mandatory disclosure. Release of the documents would tend to inhibit the open and frank exchange of ideas essential to the deliberative process. The attachment (Appendix I) and Appendix J documents do not contain any reasonably segregable factual portions.

Pursuant to 10 CFR 9.15 of the Comission's regulations, it has been determined that the infomation 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 John Hoyle, l Assistant Secretary of the Comission. I i

This denial may be appealed to the Comission within 30 days from the i receipt of this letter. Any such appeal must be in writing, addressed i to the Secretary of the Comission, U.S. Nuclear Regulatory Comission, Washington, DC 20555, and should clearly state on the envelope and in the letter that it is an " Appeal from an Initial F0IA Decision."

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0 David Berick 2 The search for additional documents subject to your request is contin'uing. We will notify you as soon as our effort is completed. 1 Sincerely yours,  !

. M. Felton, Director Division of Rules and Records Office of Administration

Enclosures:

As stated .)

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,b FOIA-84-709 Appendix H

1. 1/16/84 Letter to W. D. Ruckelshaus from N. J. Palladino re:

Request for a general meeting (1 page)

2. 6/26/84 Commissioner Asselstine's vote sheet with attachments (19 pages)

3. 7/10/84 Memo for W. J. Dircks from S. J. Chilk re:

SECY-83-523/523A--Proposed Amendments to Uranium Mill Tailings Regulations and Advance Notice of Proposed Rulemaking with attachments (20 pages)

4. 8/1/84 Letter to J. E. Byrne from J. C. Hoyle re:

Retraction of Federal Register notices (1 page)

5. 8/6/84 Memo for Chairman Palladino from J. K. Asselstine re: Your Revised Mill Tailings Implementation and Enforcement Policy (1 page)

6. 9/6/84 Memo for Chairman Palladino, et al., from J. R.

Tourtellotte re: Differing Professional Opinion re:

Legal Foundation for Proposed Rulemaking and Uranium Mill Tailings Implementation and Enforcement Policy (2pages)

7. 9/7/84 Memo for Chairman Palladino, et al., from J. K.

Asselstine re: Tourtellotte Differing Professional Opinion on Mill Tailings Regulations (1 page)

8. 9/14/84 Memo for Chairman Palladino from J. R. Tourtellotte re: Differing Professional Opinion (2 pages)

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FOIA-84-709 Appendix I

. 1. 8/10/84 Memo for Chaiman Palladino from J. K. Asselstine re: Revised Mill Tailings Implementation and Enforcement Policy with attachment 2 (25 pages) 4 j-l l _

F01A-84-709 Appendix J l

1. 4/12/84 Memo for Comissioner Gilinsky, et'al., from N. J.

Palladino re: Uranium Mill Tailings (2 pages) ,

! 2. 4/17/84 Memo for Comissioner Gilinsky, et al., from N. J.

Palladino re: Agenda for April 19, 1984 Meeting on

Uranium Mill Tailings with attached agenda (3 pages)

3. 8/14/84 Memo for Comissioner Asselstine from N. J.

Palladino re: Revised Mill Tailings Implementation and Enforcement Policy (2 pages)

4. 8/23/84 Memo for Comissioner Roberts, et al., from N. J.

Palladino re

Uranium Mill Tailings Implementation

-and Enforcement Policy Statement with attached proposed policy statement (6 pages)

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' g NsN V I R O N M E N T A L P @ L i c y I N S T,I T U T E August 29, 1984 Director FREEDOM OF INFORMATION of fice of Administration TStEQUEST U.S. Duclear Regulatory Commission Washington, DC 20555 A fy %

Freedom 31 Knformation &gi Requent

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Dear Director,

This is a Freedom of Information Act request by the Environmental Policy Institute pursuant to 5 U.S.C. 552.

The Environmental Policy Institute requests the following information and documents:

1) All vote sheets, instructions to staff, policy and 1 implementation statements, decision documents, corrections, i editorial changes, substantive revisions, and all other documentation considered or approved or transmitted by any Commissioner in his consideration of, or by the Commission in its consideration of, SECY-83-523/523A-

• Proposed Amendments to Uranium Rill Tailings Regulations and Advance Notice of Proposed Rulemaking* and/or the proposed rules.

2) All memoranda, directions to staff, revisions, editorial or other correctione transmitted by any commissioner, the Comeission, or any 4,ffice of the Commission including the Office of the secretary and the 01. ice of General Counsel to the NRC staf f related to, or requesting revision of SECY-83-523/523A or the proposed revisions to the Commission's uranium mill tailings regulations discussed in SECY-83-523/523A. .

3) The July 10, 1984 memorandum f rom samuel J. Chilk to William J. Dircks transmitting the Commission's approved course of action regarding SECY-83-523/523A and revision of the Commission's uranium mill tailings regulations, and all subsequent communications from any Commissioner or any Office of the Commission including the of fice of General Counsel and the Of fice of the secretary related to, or modifying, or amending, this memorandum and the approved course of action described in the memorandum.

4) Any and all revisions of the proposed uranium mill tailings regulations and policy and implementation statements related I thereto developed in response to the approved course of action described in the July 10, 1984 memorandum or subsequent directive from the Commission or any Commissioner prepared by the < < -

WRC staff or any Office of the Commission including the Office of General Counsel related to the revision of the Commission's 2

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'i.l'y.l c% l eranium alla te!!!ags regulations and related policy and  ;

j 1mplementation atstements. e I

l 5) All communications, invoices, manifests from the Nuclear Regulatory Commission transmitting the proposed revisions of the and related 'l Commission's aranium mill tailings regulations l Policy and implementation statements to the Office of the Federal W Register for subsequent publication including all motices and .

1etters to the public, interested parties, and members of congress announcing this action. 7 J

5) All communications, invoices, manifests f rom the Nuclear [

t Regulatory Commission to the Office of the Federal Register requesting suspension of publication of the Commission's proposed revisions of its uranium mill tailings regulations and related  ;

policy and implementation statements and any communications fron .

the Commission or any office of the commission announcing this action.

7) All communications f rom the Commission, the Chairman, or .

i any other commissioner or Office of the Commission including the  :

Of fice of General Counsel concerning the decision to suspend t publication of the proposed revisions of the Commission's aranium '

mill tailings regulations and related policy and implementation <

statements.

8) All meeting minutes and communications from the Commission, the Chairman, the Of fice of General Counsel, the Office of the Secretary or from any Commissioner concerning revision, modificatnen, continued suspension, reconsideration and any other action related to the suspended revisions of the Commission's aranium mill tailings regulations and related policy and implementation statements including minutes from the August 1, 1984 meeting of Commis sioner s Bernthal, Palladino, and Asselstine. These communications should include the August 3, 1984 meno from Chairman Palladino to the other Commissioners explaining his vote and understanding of the Commission's course of action taken upon consideration of SECY-83-523/523A.

9) All entries in phone logs, meeting logs, correspondence logs, and visitor logs of the Commission or any Commissioner l related to the Commission's consideration of SECY-83-523/523A and

! the proposed revisions of the Commission's uranium mill tailings regulations, the subsequent decision to publish the proposed revisions and related policy and implementation statements  :

entries, and the subsequent decision to suspend publication including contacts from congressional staff and members of i, congress.

The Environmental Policy Institute is a non-profit, tax f l

exempt public interest organisation located in the District of l

i Columbia. The Institute has monitored and participated in the

' Commission's development of uranium mill tallings regulations and i

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implementation of the Uranium Mill Tailings Radiation Control Act of 1978 and subsequent amendments since 1978.

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The information the Institute hereby requests will be used' esclusively in the public interest to assure that the Commission complies with P.L.95-604 and P.L.97-415 requiring it to promulgate regulations to protect public health and safety and the environment irom the the bazards of aranium mill tailings in a timely manner. .

The Institute therefore requests a waiver of fees under 5 U.S.C. 552(a) (4) (A) .

Re tfully, vid Berick Director, Nuclear Waste and Safety Project l

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