ML20127B729

Partial Response to FOIA Request for Documents.Forwards Document Listed in App A.App a Document Partially Deleted (Ref FOIA Exemption 3)

ML20127B729
Person / Time
Site:	Claiborne
Issue date:	08/21/1992
From:	Grimsley D NRC OFFICE OF ADMINISTRATION (ADM)
To:	Curran D HARMON, CURRAN, SPIELBERG & EISENBERG, LLP.
Shared Package
ML20127B731	List: ML20127B729 ML20127C268
References
FOIA-92-103 NUDOCS 9301130088
Download: ML20127B729 (2)

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AUG 'J l B32 Ms. Diano Curran Harmon, curran, Gallagher & Spielberg 2001 S Street, NW Suite 430 IN RESPONSE REFER Washington, DC 20009-1125 TO FOIA-92-103

Dear Ms. Curran:

This is in partial response to your letter dated February 26, 1992, in which you requested, pursuant to the Freedom of Information Act (FOIA), certain information pertaining to the proposed design of the Claiborne Enrichment Center (CEC). You specifically requested the declassification of the diameters of CEC's process piping at potential online enrichment measurement points and information portaining to whether or not the proposed design of the CEC includes reliable tamper-proof monitoring devices for sampling ports, process valves, and flanges.

Since the record listed on Appendix A contains information classified Confidential Restricted Data, it was sent to the Department of Energy (DOE) for review. pursuant to Title 10, code of Federal Regulations, Section 1004.6 (10 CFR 1004.6), the Office of Classification in DOE has completed its review.

Title 5, United States Code, section 552 (b) (3) (5 U.S.C. 552 (b) ( 3) )

(Exemption 3), exempts from disclosure information "specifically exempted from disclosure by statute (other than section 552(b) of this title), provided that such statute (A) requires that the matters be withheld from the public in such a manner as to leave no discretion on the issue, or (B) establishes criteria for withholding or refers to particular types of matters to be withhold...." The Atomic Energy Act of 1954, as amended, 42 U.S.C. 2011 et seq 2, is an Exemption 3 statute. Sections 141-146 of this Act (42 U.S.C. 2161-2166) prohibit the disclosure of information concerning atomic energy defense programs that is classified as Restricted Data (RD) pursuant to the Atomic Energy Act. The portions deleted from the record listed on Appendix A pursuant to Exetaption 3 contain information about isotope separation that has been classified as Restricted Data. Disclosure of the exempt data could jeopardize the common defense and the security of the nation.

To the extent permitted by law, the DOE, pursuant to 10 CFR 1004.1, will make available records it is authorized to withhold under the FOIA whenever it determines that such disclosure is in the public 9301130088 920821 goa rO1A CURRAN 92-103 PDR CL'30i3

Hs, Diano curran interont. With respect to the information withhold from disclosuro -!

pursuant.to Exemption 3, the DOE has no furth3r discretion under the 1 FOIA or DOE regulations to release information currently and properly classified pursuant to the Atomic Energy Act.

pursuant to 10 CFR 1004.6(d), A. Bryan Slobert, Director, Offico of Classification, DOE, is the official responsible for the denial of the above information.

Pursuant to 10 CFR 1004.8, the denial of a FOIA request may be appealed, in writing, within 30 days after recolpt of a letter denying any portion of the request, to the Director, Offico of floarings and Appeals, Department of Energy,1000 Independenco Avenue, SW, Washington, DC 20585. The written appeal, including envelopo, must clearly _ indicate that a Froodom of Information appeal is being mado, and the appeal must contain all other elements '

required by 10 CFR 1004.8. Judicial review will thoroafter be available to you: (1) in the district where you resido; (2) whoro you havo your principal place of business; (3) where the Department's records are situated; or (4) in the District.of Columbia.

Additional records subject to your request are still being reviewed.

We will notify you when the review has boon completod.

Sincerely,

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Donnio II. Grimsley, Director Division of Froodom of Information and Publications Services Office of Administration Enclosurost

1) Appendix

2) Record l

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Ret FOIA-92-103 hPPandiX A t

IlVliDEB DATE DEECRIPTION & EXEMPTION

1. 6/12/89 Drawing, Pofs of Concado (1 pago)

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