ML20199K005
| ML20199K005 | |
| Person / Time | |
|---|---|
| Issue date: | 02/03/1998 |
| From: | Racquel Powell NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Michael Webb SHAW, PITTMAN, POTTS & TROWBRIDGE |
| References | |
| FOIA-97-105 NUDOCS 9802060080 | |
| Download: ML20199K005 (4) | |
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' I U.S. NUCLE AR REIULATo',Y CoMMISSloN NHc OiAstout3tN wetHm a
L* Qb FOIA 105 f;&$POMSE YYPE
.$ r *3" .e RESPONSE TO FREEDOM OF X l HNAL( 16 t h ) l l PARil*L j INFORMATION ACT (FGIA) REQUEST o^
1RB 0 3 E DOCKE t NUMBL Rabi (It apphtablel LE Out O E H Maria Webb PART 1.-AGENCY RECORDS RELE ASED OR NOT LOCATED (See checke(/ bones /
No agency records subject to the request have been located.
No additional agency records subject to the request have been located.
Rsquested records are available through another pubhc distribution program. See Comments section, Aryncy records subject to the request that are identified in Append.nles) are already available for pubhc in pectior: and copying at the NHC Pubhc Docuraent Roorn. 2120 L Street. N.W.. Washington. DC.
Agency records subject to the request that are identified in Appendinfes) are being made available for pubhc inspection and copying ct the NRC Pubhc Document Room,2120 L Street, N W., Washington, DC, in a folder under this F OI A number.
The nonproprutary version of the proposal (s) that you ag aed to accept in a telephone conversation with a member of my staff is now being made available for public treection and copying at the fs RC Pubhc Document Room,2120 L Street, N.W., Washington, oC, in a folder under this FOI A number.
Agency records subject to the request that are identified in Append: ales) may be inspected and copied at the NRC Local Pubhc Document Room identified in the Comments section.
E nclosed is intormation on how you may obtain access to and the chargrs for copying records located at the NRC PubHc Document Room,2:20 L Street, N W. Washington, DC.
y Agency records subject to the request are enclosed.
Ascords subject to the request have been referred to another Federal agencybes) for review and di,ect response to you.
F eet You will be bdled by the NRC for fees totahng S You will receive a refurvt from the NRC in the amount of $
in view 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 C1rtrin Information in the requested records is being withheld from public disclosure pursuant to the enemptions described in and for the reasons stated in Part it, B, C,and D. Any released portions of the documents for which only part of the record is being withhekt are being marte available for public
)( inspection and copying in the NRC Pubhc Document Room,2120 L Street, N.W., Washington, DC in a folder under this FOI A rufmber, COMMENTS The records identified on enclosed Appendices Y and Z are the remaining records related to your request. A copy of the releasable portions of the Appendix Y record is enclosed.
However, the records identified on Appendix Z are being withheld in their entirety.
You were notified on November 20,1997, with a revised Statement of Estimated Fees totaling
$4,857,51 for the processing of your request, We are in receipt of your checks for this amount.
This completes NRC's action on your FOIA request,
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- RESPONSE TO FREEDOM OF T INFCRMATION ACT(FOIA) REQUEST FOlA - 9 7-105 $303 g, 8 ~*
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FART u B- APPUCARLE EXEMPTK)NS Records subject to the request that are doectibed in the enclosed Appendialesk.} Lare being withheld in their entif tty or in part under the Demption No.(s) and for the reason (s) given below pursuant to 6 U.S C. 552(b) and 10 CF R 9,1Na) of NRC regulations.
l . The withheld enformaten as property classified pursuent to Eneastive Order. (f semptson t)
- 2. The withheld enformaten relates solely to the mtemel personnai rules and procedures of NRC (E xemption 2) 3 The withheld enformation is specifically esempted from public disclosure bw statute 6ndicated. (Enemption 3)
$sctions 14 514l Of the Atom,$ $ nergy Act, which prohibets the disclosure of Restricted Data or formerly Restricted Data (42 U,5 C,21612165).
Section 14 7 of the Atomic Energy Act, which prohibits the disclosure r f Unclassified Safeguardt Informaten (42 U.S C. 2 f 67L e The withheld mformation se a trade secret or commercial or fmancial ordormation that is bemg withheld for the reasonist led.cated. ([nemption 4)
The eformat<ri es concedered to be confidential busenuss tueoprietarviinformater.
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The Information se considered to be proprietary mformaten pursuant to in CR 2 790tdHH The enformation was submetted and receeved en confulence pursuant to 10 CFR 2 790idH21 l$ The withheld mformaten consists Of Interegency of miraegenCy records that are not availat9e through disco,#'y Ou mg
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litiQation (Enemptson 6L Appbcable Privilege:
Deliberatavo Process Disclosure of predecisional anformation'would tend to mhilat IEe open and fearik eachange of ideas essential to the deht orative nrocess Where records are withheld ei their enutely, the f acts see mentricably intertwmed with the predecisional mformaten There also ere no reasonably seJtegable f actual port ons because the release of the f acts would permet en indsrect equiry into the predecesional process,0f,the agency Atto*ney work product privilege (Documents psepa,ed by an attoeney m contiWplabon of bestgation i Attorney client grivilege. (Confidential communecations between an attorney and his/her cl.ent.!
6 The withheid mformaten is enempted imm put hc disctusure because 44 disclosure would result m a usarty un*enanted invas.cn of personal pnvacy (Enemption 61
?. The withheld mformahon conseets of records compaled for tan enforcement purposes and is bemg withheld for the reasontsi indicated (Enemption 7)
Disclosure could reasonably be espected to mterfere with an enforcement proceedmg because it could reveel the scope, direction, and focus of enforcement efforts, and thus could possibly allow recipients to take action to shield potential wrongifoing or a violation of NRC requirements X from investigators. (Enemption 7 (A1) _
Disclosure would constitute en unwarranted mvasma of personal privacy. (Enemption 11C1)
The mtormation cons.sts of names of mdivedua$s and othe mformat.or. the electusure of which could seasonabi, tie esoected to reveal utent.t.es of confidentias sources,(Fuempten 7 (Dil
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otHtH PART 14. C-DsP'NG OFFICIALS Pursuant to 10 CF R 9 25(b) and'oe 9 25fcl of the U.S Nuclear Regulatory Comme i ulaimni. et has been determine f that the mformai,on withheid is exempt from pro duebon or disclosure. and that its productiori or dittfosure is contrary to the p#t< it. post. The peesons responsible for the denial are those officiais identified below as denying offieds and the Director. Divmon of Freedom of Informaten er.d Pubhcatn e
mces. Off.ce of Adm.nistration, for any denials that may be appeased to the E secuove D. rector for Operations R006 O(NYING OHIC4AL fita.E tOF FICE RECORDS DENIED APPELL ATE OFICIAL foo ucArfamy lo Richard L. Bangart -Directors Office of App. Y X 5 tate Programs Carl J. Paperiello Director, NMSS , App, Z X PART 11. D- APPEAL R:GHTS
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l The demat by sach denyme oft 4ist idenefied m P-stt il.C may be appesied to the Apo*iute Offeel identif'ed there Any such appens must be made m writing within 30 days of receipt
] of thk response. Appeals must be addressed, as appropriate. to the E nocutive D rector Ar Operations. to the Secretary of the Commission, or to the inspector Generat U.S Nuclear j Regeatoiy Commessen. Washmston. DC 20555, and should clearty state on the envelope anel in the letter that it is an Appeal from an imtsal FOl A Decision."
' NHC FORM 464 (Part 21 (191) U.S. NUCLEAR REOULATORY COMMISSION
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RE: FOIA 97-105 APPENDlX Y DOCUMENTS BEING RELEASED IN PART NUMBER DATE DESCRIPTION / EXEMPTION
- 1. 5/10/91- Letter to C. Kammerer from L. Anderson, re: Allegation Against Envirocare by a Former Employee, (3 pgs.)- EX. 7C.
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. .t R$:' FOlA 97-105 i
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- APPENDIX Z DOCUMENTS BEING WITHHELD IN THEIR ENTIRETY NUMBER DATE DESCRIPTION / EXEMPTION /PAGES
- 1. 1/6/97 E Mail from R. Bangart to H. Thompson, subject: Utah Potential
, Wrongdoing,(1 pg.)- EX. 7A.
2, 1/21/97 E-Mail from F Ross to K. Schneider, subject: Final Revision to Utah /Envirocare Memo, (1 pg.)- EX. 7A.
- 3. 1/21/97 E-Mail from R, Bangart to F. Ross, subject: Final Revision to Utah /Envirocare Memo, (1 pg.)- EX. 7A.
- 4. 1/22/97 E Mail from F. Ross to R. Bangart, subject: Final Revision to Utah /Envirocare Memo, (1 pg.)- EX. 7A.
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~ m en suuco SHAW PITTMAN Case No. U- / O S~
POTI5tvTPOWBPJDGE DedeRoo'd: _J- /P- 1 7
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Weddequem.DC 200M.I128 mmmoo r=*ea. mmaoor New Youk
%vinis March 12,1997 ;
Mr. Carlton C. Kararnerer,
- Director Freedom ofInformation & Publications Services U.S. Nuclear Regulatory Comnussion Mail Stop T-6FA Washington, D.C. 20555-0001 Re: Freedom ofInformation Act (FOIA) Request
Dear Mr. Kammerer:
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Pursuant to 5 U.S.C. Q 552 (a)(3) and 10 C.F.R. Q 9.23, I am requesting the following materials:
(1) Any and all records which constitute, refer and/or relate to the byproduct materials license issued by the Nuclear Regulatory g Commission (NRC) pursuant to Section i1c.(2) of the Atomic Energy Act (AEA) to Envirocarc of Utah, Inc. for its Clive, Utah site.
(2) Any and all records which constitute, refer and/or relate to r.ny allegations concerning Larry F. And:rson, fonner Director of the Utah Division of Radiation Control.
I agree in advance to pay the fees associated with this request.
Please contact me at 202-663-8302, if necessary.
Thank you for your prompt attention to this request. I look forward to your response wi, thin ten (10) days, as required by FOIA and NRC regulations.
Very'truly yours, W d. #^
Maha D. Webb -
Legal Assistant I
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- DEPARTMENT 0F HEALTH f DIVISION OF ENVIRONMENTAL HEALTH suae WD ,
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Msy 10,1991 ,,
Carlton Fammerer, Director State Programs U.S. Nuclear Regulatory Commission Washington,D.C. 20555
Dear Mr. Kammervr:
On April 9,1991,I received a phone call from Joel Lubenau regarding an allegation against Envirocare of Utah by a former employee. Mr. Lubenau correctly forwarded'the allegation to the Utah Bureau of Radiation Control since Envirocare was, ,at the time, authorize to dispose of NORM, On April 9,1991,I assigned Dane Finerfrock to investigate the allegation.
On that day, he contacted the alleger. A copy of this telephone record conversation is enclosed.
s Additionally, close out the investigation. A copy of that telephone conversation record also encit. ed.
The Utah Bureau of Radiation Control con:.iders this matter closed. We would appreciate this information be communicated to appropriate staffin State Programs and the Low. Level Waste P:ograms.
Sincere .
W"
. Larry F. derson, Director Bureau Radiation Control t
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I spoke to about his call to Mike E kar, t.T the h% had referred his call to Larry Anderson, I was calling on behalf of the Utah alreau of Radiation Control.
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i l tated that he doesn't believe he would receive a proper hearirq in Utah I because Mr. Sennant is "too g u rful." Ia ed him I would :nvestigate the j situation carefully ard capletely. Again, wuld not provide specific j informtion regardisq the allegation (s) . I m.ntioned that there might be a way In which the h% Id corduct the investigation if w asked, but I was not certain j of this, told me he would phone back after he decided on a course of i action.
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I calld to inform hita that I needed to close the irquiry into his l Y allegations against Envirocare stated he wanted to " drop the matter j ard " forget abxt it'.' He further stated "that he didn't have enough to go on.
I again of fered our services or the NRC's but there was no interest. I told l him that e.is matter was closed. l l
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