ML20235V879
| ML20235V879 | |
| Person / Time | |
|---|---|
| Site: | 05000142 |
| Issue date: | 03/03/1989 |
| From: | Jacob Philip NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Aftergood S COMMITTEE TO BRIDGE THE GAP |
| Shared Package | |
| ML20235V882 | List: |
| References | |
| FOIA-85-196 NUDOCS 8903100383 | |
| Download: ML20235V879 (4) | |
Text
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U.S. NUCLEAR REIULATORY COMMISSION mac FoiA HEcuesT Nuustaisi
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INFORMATION ACT (FOlA) REQUEST MAR 3 1989 l
DOCRit NUMBERi$1 tir opphcotus)
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' W L Yte W LPO 00 PART l.- AGENCY RECORDS RELE'AS/D OR NOT LOCATED (See checked boxes)
No agency records sub ect to the request have been located.
t No addrtional agency records subsect to the request have been located.
Requested records are available threugh another public distnbutson program. See Comments Section.
Agency records subsect to the request that are identified on Appendialest are o! ready available for public inspection and copying in the NRC Public Document Room 2120 L Street. N W.. Washington. DC 20555 Agency records sub ect to the request that are identified on Appendiales) are being made available for public inspection and copying in the-t NRC Public Document Room. 2120 L Street. N.W., Washington. DC. in a folder under this FOIA number and requester name.
The nonpropnetary version of the proposaHsl that you agreed to accept an a telephone conversation with a member of my staff is now being made available for public inspection and copying at the NRC Pubhc Document Room 2120 L Street, N.W., Washington. DC. in a folder undei this FOlA number and requester name.
Agency records sub;ect to the request that are identifiedon Appendialesi may be inspected and copied at the NRC Local Public Document Room edentified in the Comments Section.
Enclosed is information on how you may obtain access to and the charges for Copying records placed in the NRC Pubhc Document Room, 2120 L Street. N W.,
Washsngton, DC.
Agency records subsect to the request are enclosed.
I".ecords subject to the request have been referred to another Federal agencybes) for review and direct response to you.
You will be billed by the NRC for fees totahng 8 Ir new of NRC's response to this request, no further action is being taken on appeal letter dated
. No.
PART 11. A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE I
stated in Part li.
C rtain mfoemation in the requested records is being withheld from pubhc disclosure pursuant to the enemptions descnbed in and for the reason sections B. C and D Any released portions of the documents for which only part of the record is being withheld are being made available for public inspection and copymg in the NRC Public Document Room. 2120 L Street. N.W.. Washington. DC. in a folder under this FOIA number and requester name.
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' FREEDOM OF INFORMATION ACT RESPONSE FOIA NUMBER (Si PART ll.B-APPLICABLE EXEMPTIONS Y
are being withheld in their entirety or in ptrt undir the R1 cords subject to the request that are described on the enclosed Appendix (es) _ CFR 9.17(a) of NRC Regulations -
Extrnptions and for the reasons set forth below pursuant to 5 U.S.C. 552(b) and 1
- 1. The wrthheld information is properly classified pursuant to Enocutive Order (EXEMPTION 1)
- 2. The withheld information relates solely to the mtemal personnel rules and procedures of NRC. (EXEMPTION 2)
- 3. The withheld information as specifically exempted from public disclosure by statute indicated (EXEMPTION 3)
Sections 141 145of the Atomic Energy Act which prohsbits the discionure of Restricted Data or Formerly 8testricted Data (42 U S C. 21612165).
Section 147 of the Atomic Energy Act which prohibits the disclosure of Unclassified Safeguards information 142 U S C. 2167)
- 4. The withhsid mformation is a trade secret or commercial or financial information that is being withheld for the reason (s) mdicated. (EXEMPTION 4)
The information is considered to be confidential business (proprmtary) information.
The information is consdered to be propnetary information pursuant to 10 CFR 2.790tdH1)
The information was submitted and received m confidence pursuant to 10 CFR 2 790(dH21.
- 5. The withheld information Consists of interagency or intraagency records that are not available through discovery during litigation. (EXEMPTION 5L Apphcable Pnvilege:
Deliberative Process: Disclosure of predecisionalinformation would tend to inhibit the open and frank exchange of ideas essential to the delEeIstave process Where records are withheld in their entirety, the f acts are inestracably intertwined wrth the predecisionalinformation. There also are no reasonably segregable f actual portions because the release of the f acts would permit an indirect mouiry mto the predrcisional process of the agency Attorney worli-product pnvalege (Documents prepared by an attorney in contemplation of litigatiore !
Attorney -client pnvilege IConfioential communications between an attmney and his her thent i
- 6. The withheld information is exemptied from public disclosure because its disclosure would result m a clearly unwarranted mvasion of personal pnvecy. 4 EXEMPTION 6)
L The withheld information consists of records compiled for law enforcement purposes and is being withheld for the reason (s) mdicated (EXEMPTION 71 Disclosure could reasona wy be expected to mterfere with an enforcement proceeding because rt could reveal the scope. direction. and focus of en.
forcement etf orts and thus could possibly allow them to take action to shield potential wrongdoing or a violation of NRC requirements from meestigators E XEMPTION 7 (All Disclosure would constitue an unwarranted mvasion of personal pnvacy IEXEMPTION 7(C))
The information consists of names of individuals and other mformation the disclosure of which could reasonably be expected to revealidentities of confidential sources IEXEMPTION 7 (Oli OTHLR PART 11. C-DENYING OFFICIALS Pursuant to 10 CFR 9 25tbl and'or 9 25 tc) of the U S Nuclear Regulatory Commission regulations, it has been determmed that the mformation withheld as exempt from production or disclosure, and that its production or disclosure is contrary to the public mterest. The persons responsible for the denial are those officials identified below as denying officials and the Director. Division of Freedom of Information and Pubhcations Services. Office of Admmistration and Resources Management, for eny danesis that may be appepled to the Executive Director for Operations IEDOI.
DENYING OFFICIAL TITLE / OFFICE RECORDS DENIED APPELLATE OFFICIAL SECRETARY EDO V ~hd%u r
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gg PART IL D-APPEAL RIGHTS The dernal by each denying officialidentifed m Part 11 C may be appealed to the Appeltate Officialidentifed en that section Any such appeal must be in wnting and must be made wit'nm 30 days of receipt of this response. Appeals must be addressed as appropnets to the Executive Director fer Operations or to the Secretary of the Commiss+on.
U.S. Nuclear Regulatory Comrmssion. Washmgton, DC 20555, find should clearly stcte on the envelope and in the letter that it is an " Appeal fro n an initial FOIA Decision.'
l NRC FORM 464 (Part 2)
U.S. NUCLEAR REGULATORY COMMISSION FOlA RESPONSE CONTINUATION
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t COMMITTEE TO BRIDGE THE GAP 1637 BUTLER AVENUE #203 LOS ANGELES, CALIFORNIA 90025 (213) 478-0829 March 21, 1985 Director office of Administration Division of Rules and Records U.S. Nuclear Regulatory Ccmnission Washington, D.C. 20555 BY EXPRESS
- OF INFORMATO ACT REQUEST FOIA Request gg,,
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Dear 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 Facility License R-71:
(1) The security plan as submitted to NRC in 1980.
(2) All subsequent amendments thereto.
(3) All prior security plans for the UCIA reactor facility, and all amendments thereto, from 1959 on.
(4) All security inspection reports for the UCIA reactor facility, including notices of violation, and responses thereto, frcrn 1959 on.
(5) All correspondence between UCLA and the AEC/NRC, and between the AEC/NRC and UCLA,1959 to the present, dealing 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 Material.
(6) All transcripts, correspondence, pleadings, Board Memoranda and Orders, written testimcny, affidavits, and other documents generated in or associated with the UCIA 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 and its SNM.
(7) Any other documents or records not included in items (1) through (6) related to Docket 50-142 from 1959 to the present that were not released to the Public Document Room because they allegedly contained safeguards or security information, i
(8) Memoranda, correspondence, or other documents or records generated by Hal Bernard or Colleen P. Woodhead since June 1984 discussing response to l
any request by UCIA for return or restriction of release of documents associated with the UCIA reactor or its Special Nuclear Material formerly I
classified as containing Safeguards Information. This shall include, but not be limited to, any request by Hal Bernard or Colleen P. Woodhead to other NRC Staff personnel or offices for return of UCLA former safeguards documents such as security plan and anendments.
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t (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. This shall include responses by NRC personnel to any such memoranda, correspondence, or other documents or records.
(10) Memoranda, correspondence, or other documents or records not
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included in (8) or (9) above discussing the post-June 1984 status. of the UCLA 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 that address the issue of ~
releasability of former safeguards information once the Special Nuclear Material that was being safeguarded has been removed from the site in question and the NRC-approved security plan and associated safeguards information protection requirements no longer apply.
(11) Documents or records not included in response to items (8), (9) or (10) but discussing nutters surrounding these issues.
This request includes all agency records as defined in 10 CFR 9.3a(b) and the NRC Manual, Appendix 0211, Parts 1.A.2 and A.3 (approved October 8, 1980) whether they exist currently in the NRC official, " working,"
investigative or other files, or at any other location.
The last four categories o' records requested above should represent, among other items, all documents and records in the agency's possession as of receipt of this request that discuss response to UCINs 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 UCLA documents formerly categorized as containing Safeguards Information now that the Special Nuclear Material has been removed and the facility is considered by UCLA and the NRC Staff to no longer be required to have an NRC-approved security plan nor comply with Part 73 requirements.
The first seven categories of documents should represent all documents and records possessed by the NRC as of the date of receipt of this FOIA request related to Docket 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 information properly categorized as safeguards information or otherwise discussing security matters. Because of UCLA's decision to permanently close down and dismantle its reactor facility, and because all reactor fuel has been reported by UCLA to have been removed from the site, these documents are no longer properly categorized as containing safeguards infonnation and should be released, as required by 10 CFR 73.21(i).
10 CFR 73.21(i) (Removal from Safeguards Information Category) requires that:
l Documents originally containing Safeguards Information shall be removed from the safeguards Information category whenever the information no longer meets the criteria contained in this section.
2
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Section 73.21 of Title 10 of the Code of Federal Regulations provides i
the criteria by which the NRC may properly restrict distribution of unclassified safeguards information. Those criteria are that the information related to physical protection of 1icensees can and should be restricted from public release if the licensee (1) possesses a formula i
quantity of strategic special nuclear material, (2) is authorized 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 question are no longer properly protectable from release because none of the three criteria specified in the regulation are met.
M) UCLA no longer possesses any fuel.
(2) UCLA 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 information can be properly prohibited from public release.
Section (i) of that regulation 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 information in question, dealing with past (in some cases, 25 years past) security for Special Nuclear Material no longer on site and former plans which UCLA itself says NRC regulations no longer require, no longer meets any of the 73.21 criteria and therefore mus be removed from the protected category and made releasable.
Whereas the documents in question may once have been protectable from disclosure under 73.21 (and, before the promulgation of that regulation, 10 CFR 2.790) because they assertedly contained Safeguards Information, 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 Information, related to the physical protection of Special Nuclear Material, which UCLA no longer possesses.) With the decision to close the facility and the off-shipment of the SNM--i.e., the nuclear material the NRC is mandated to protect--the original basis, 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 considered as primarily benefitting the general public," 5 U.S.C. 552
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(a)(4)(a).
CBG is a non-profit, nonpartisan public interest organization concerned with safeguards matters related to nonpower reactors and with appropriate conduct of NRC and licensee employees in proceedings before the NRC, as well as being party to the on going UCLA reactor proceeding (no termination order has yet issued) and petitioner for leave to intervene in the UCIA dismantlement proceeding.
Pursuant g the requirements of the Freedom of Information Act and the practice and procedure o_f; the NRC ini carrying out its obligations under f
FDIA, CIE requests that no documents related to this request in possession of the NRC as of the date of receipt of this request be destroyed or transferred from the custody of the NRC until final resolution of 3 is 3
request', including any appeal that may result therefrom, and that the FOIA office promptly so 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 FOIA request and that destruction or transfer of any of them from NRC custody is therefore prohibited until the FOIA request 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 FOIA 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 certair. IRC employees. In particular, the security plan and some of the inspectitr, reports for UCLA were specifically identified by the ASLB in its February 'e4,1984 Memorandum and Order making -
the charges of misconduct and are, we M11 eve, likely to be part of the OIA investigatory file subject to our ear?ie ' request. Any destruction or transfer of custcdy of these documents,ending final resolution of that earlier FOIA request would likewise violate agency obligations under FOIA (see, e.g., the Applegate case). We renew our inquiry as to the long-delayed response to that previous FOIA submission.
Should any of the documents identified in this FOIA request, or associated with it bat identified previously in the earlier FOIA request related to the OIA investigation, have been destroyed or transferred from NRC custody, we regrest full description of the circumstances surrounding the removal, transfer, or destruction of the requested records, including the identity of all individuals involved, and the relevant dates.
The above documents are currently subject of settlement negotiations among the parties to the UCLA proceeding, the results of which may affect matters related to this request.
Please promptly take the necessary steps M assure that the documents in question are neither destroyed nor removed from NRC custody while I
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response to these FOIA requests are being processed (or,in the unlikely J
event thaIany portions of these documents are not provided despite their no longer containing protectable Safeguards Information, until all appeals have been exhausted. )
Sincerely, i
Steven Aftergood Executive Director cc:
H. Denton*
C. 'Itanas*
H. Bernard
- C. Woodhead*
J. Gray
- Director, OIA*
W. Oormier (UCLA) 4
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