ML19305D396

Appeals Denial of FOIA Request for All Records Re Sabotoge Analyses for Spent Fuel Storage at Morris Operation in Morris,Il

ML19305D396
Person / Time
Site:	05000268
Issue date:	02/19/1980
From:	Quigg C POLLUTION & ENVIRONMENTAL PROBLEMS, INC.
To:	NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
References
FOIA-79-520, FOIA-80-A-5 NUDOCS 8004150031
Download: ML19305D396 (5)

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Pollution & Enviromental Problems, Ince l

P.O. Box 309 Palatine, Illinois 60067 Executive Director fcr Operations APPEAL OE INITIAL FOIA DECt310N I U.S. Nuclear Regulatory Comission 3

80- A - S E (~TQ-52 OJ j

washington, D.C. 20555 RE:

peal from an Initial FOIA Decision i

Dear Sirst t

This letter represents y appeal from an initial Freedom of Information Act decision (FOIA-79-520) and a request for information denied me in the NRC's letter of January 30 signed by J.R. Felton.

My original letter of November 28, 1979 requested all records referring to or related to sabotage analysis for spent fuel storage at the Morris Operation in Morris, Illinois. Pbrtions of documents 1 and 2 of Appendix B (attached) i were withheld.

I can understand your withholding certain items in the interest of national l

s ecur ity.

However, information withheld for co=sercial or financial reasons j

should be made imodiately available to the public...in consideration of the overriding priority of the public interest.

It is the public health and eafety that will be aeveroly and adyereely affected if the eocurity measures and protection of the Morris Operation are inadequate.

S'ince'!4crris is a non-=ilitary facility, the assessamt of the adequacy of the p}ysical protection at the Morris Operation ehould be made by an informed public.

Thank you for your eerious consideration of g request.

S inc erely,

/

Catherine Quigg, reeecre ector Follution & Environmental Probime, Inc.

(512/ 551-6695) t I

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....%. o January 30, 1980 Ms. Catherine Quigg Pollution and Environmental Problems, Inc.

P.O. Box 309 IN RESPONSE REFER Palatine, IL 60067 TO F01A-79-520

Dear Ms. Quigg:

This is in reply to your letter uted November 28, 1979, in which you requested, pursuant to the Freedom of Information Act, all records which refer or are related to sabotage analys's for spent fuel storage at the Morris Operation in Morris, Illinois operated by General Electric Company whether or not such razords specifically identify that plant or company.

The records you -: quested are all of those dated or which refer to the period from 1966 to and including November 28, 1979.

1 In response to your request, and confirming a telephone conversation with your office by Mr. Frank W, Karas of g staff on January 23, 1980, copies of the documents listed in Appendix A are enclosed (total 26 pages) except for documents 10 and 12 which may be purchased from the National Technical Information Service (NTIS), 5285 Port Royal Road, Springfield, Virginia 22161.

Copies of the documents supplied to you herewith are also being placed in the NRC Public Document Room located at 1717 H Street, N.W., Washington, DC.

Portions of documents 1 and 2 of Appendix B contain information which identifies procedures for safeguarding licensed special nuclear material or detailed security reasures for the physical protection of.a licensed facility or plant. This information is considered commercial or financial (proprietary) information pursuant to 10 CFR 2.790(d) and is being ~

withheld from public disclosure pursuant to Exemption (4) of the Freedom of Information Act (5 U.S.C. 552(b)(4)) and 10 CFR 9.5(a)(4) of the-Commission's regulations.

Pursuant to 10 CFR 9.9 of the Commission'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 l

undersigned and Mr. William J. Dircks, Director, Office of Nuclear l

Material Safety and Safeguards.

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This denial may be appealed to the Commission's Executive Director for Operation; within 30 days from the receipt of this letter.

As provided i

in 10 CFR 9.11, any such appeal must be in writing, addressed to the Executive Director for Operations, U.S. Nuclear Regulatory Commission, Washington, DC 20555, and should clearly state on the envelope and in the letter that it is an " Appeal from an Initial FOIA Decision."

Sincere s

r 7 "P J. M. FeIton, Director Division of Rules and Records i

Office of Administration

Enclosures:

As stated

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FOIA-79-520 APPENDIX A 1.

June 2,1972 Letter to John E. Van Hoomissen, General Electric Co.,

from R. G. Page, AEC. (13 pages) - Available in PDR -

Docket 50-268 and/or 70-1308 2.

November 13, 1974 Letter to R. G. Page, AEC, from C. Wesley Smith, General Electric Co. (2 pages) - With GE Report NEDM-20682 dated November 1,1974.

Available in PDR Docket 70-1308.

3.

November 27, 1974 Memo to J. A. Powers and R. W. Houston from R. G. Page,

Subject:

Protection of Fuel Storage Pools. (1 page) -

Enclosure is GE Reoort NEDM-20682 dated November 1,1974.

Available in PDR - Docket 70-1308.

4.

December 17, 1974 Letter to R. G. Page, AEC, from C. Wesley Smith, General E.lectric Co. (2 pages) - Available in PDR - Docket 70-13C 5.

December 19, 1974 Memo to R. G. Page from R. J. Jones,

Subject:

GE Sabotac Analysis for Fuel Storage at Morris. (2 pages) 6.

December 20, 1974 Memo to R. G. Page from R. Wayne Houston,

Subject:

Pro-tection of Fuel Storage Pools. (1 page) 7.

January 15, 1975 Letter to C. Wesley Smith, General Electric Co., from R. G. Page, AEC. (1 page) - Available in PDR - Docket 70-1308.

8.

July 14, 1977 Letter. to Clifford Smith, NRC, from General Electric Co.

(1 page) 9.

January 12, 1978 Letter to General Electric Comoany from Clifford V. Smith NRC. (2 pages) 10.

May 1978

" Adversary Actions in the Nuclear Power-Fuel Cycle: Event at a Spent Fuel Receiving & Storage' Facility (Interim Report)," Science Applications, Inc. - Copy available from NTIS*.

11.

September 4, 1979 Memo to Bob Erickson from Dick tkCormick,

Subject:

Compre hensive Evaluations--Spent Fuel Storage Facilities (1 po) 12.

August 1979 NUREG-0575, Generic Environmental Impact Statement on Handling and Storage of Spent Light Water Power Reactor Fuel. (Volume I,144 pages; Volume II, 401 pages; and Volume III, 350 pages) - Copy available from NTIS*.

• NTIS - National Technical Information Service, 5285 Port Royal Road, Springfield, Virginia 22161

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APPENDIX B 1.

August 7,1972 Letter to R. G. Page, AEC, from J. E. Van Hoomissen, General Electric Co. (8 pages) - Letter without enclosu deemedn available in PDR - Docket 70-1308, t

within scope of your request (copy not enclosed).

2.

Undated Note to S. H. Smiley from R. G. Page.(5 pages)

(Arprox. January 1973) e I

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