ML20127D050

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Response to FOIA Request That Three Categories of Documents Be Placed in Pdr.Forwards App a Documents.Documents Also Available in Pdr.Portions of Documents Withheld (Ref FOIA Exemption 4).NUREG/CR-3883 Incomplete
ML20127D050
Person / Time
Issue date: 04/01/1985
From: Felton J
NRC OFFICE OF ADMINISTRATION (ADM)
To: Ayotte B
NUS CORP.
Shared Package
ML20127B779 List:
References
FOIA-85-63, RTR-NUREG-CR-3883 NUDOCS 8506240109
Download: ML20127D050 (3)


Text

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Mr. Brett Ayotte Licensing Engineer 1 Licensing Information Service NUS Corporation 2536 Countryside Boulevard IN RESPONSE REFER Clearwater, Florida 33575-2094 TO F01A-85-63

Dear Mr. Ayotte:

This is in response to your letter dated January 23, 1985, in which you requested, pursuant to the Freedom of Information Act (FOIA), that three categories .of documents be placed in the NRC Public Document Room (PDR).

The document requested at category two of your request (NUREG/CR-3883) is a contractor report which has not yet been completed. A draft response which is scheduled for April, 1985, will be forwarded to the Japanese Ministry of International Trade and Industry for approval and possible release to the public at that time.

The enclosed Appendix A identifies documents which are being placed in PDR folder F01A-85-63 under your name. Portions of documents 2, 3, and 4 and enclosures 4 and 5 to document number 1 contain information which was received in confidence from foreign sources and is therefore being withheld pursuant to Exemption 4 of the F01A (5 U.S.C. 552(b)(4)) and 10 CFR 9.5(a)(4) of the Connission's regulations. The information is protected from mandatory public disclosure under the alternative test set out in National Parks and Conserva-tion Association v. Morton, 498 F.2d 765 (D.C. Cir. 1974). Under that test, a record can be withbeld because disclosure would impair the Government's ability to obtain necessary information in the future. It is our view that a breach of understanding between the NRC and a foreign source could in the future inhibit the free flow of information to the NRC and could interfere with our mission.

Pursuant to 10 CFR 9.9 of the NRC's regulations, it has been determined that the information withheld is exempt from production or disclosure, and that its production or disclosure is contrary to the public interest. The persons responsible for this denial are the undersigned and James R. Shea, Director, Office of International Programs.

8506240109 850401

PDR FOIA j AYOTTE85063 PDR

Mr. Ayotte -

2-This denial may be appealed to the NRC's Executive Director for Operations within 30 days from the receipt of this letter. As provided in 10 CFR 9.11, e' any such appeal must be in writing, addressed to the Executive Director for Operations, 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."

Sinc ely,

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

Enclosure:

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F01A-85-63 Appendix A

1. 06/12/84 Memo for H. Denton fr W. Russell re: Report of Trip to Japan Regarding Nuclear Power Plant Maintenance Practices, 4 pgs.,

w/ enclosures:

1. List of personnel contacted during trip to Japan, 3 pgs.
2. Japanese language documents translated by NRC, 2 pgs.
3. English language documents, 2 pgs.
4. Trip report: A review of Japanese nuclear power plant maintenance, regulation and practice, 30 pgs.
5. VuGraphs - Report on visit to Japan to review nuclear power plant maintenance regulation and practice, 26 pgs.
2. 10/31/84 Document entitled: The Second Meeting on Nuclear Regulatory Matters Between US and Japan, Japanese Presentation (The 1st day),

97 pgs.

3. 11/01/84 Document entitled: The Second Meeting on Nuclear Regulatory Matters Between US and Japan, Japanese Presentation (2nd day),

153 pgs.

4. 11/02/84 Document entitled: The Second Meeting on Nuclear Regulatory Matters Between US and Japan, Japanese Presentation (3rd day),

85 pgs. - All odd number pages removed, written in Japanese.

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