Initial Request

• Document Type: FOIA
• Collection: FOIA Collection
• Document Number (FOIA) /ESDN (CREST): 05695277
• Release Decision: RIPPUB
• Original Classification: U
• Document Page Count: 17
• Document Creation Date: March 9, 2023
• Document Release Date: November 8, 2021
• Case Number: F-2015-01336
• Publication Date: June 22, 2011

Approved for Release: 2021/10/21 C05695277
IRmep httn://www.irmeiiJrg
Calvert Station info�irmettorg
P.O. Box 32041 Phone: [phone]
Washington, DC 20007 Fax: [phone]
06/13/2011
Susan Viscuso, Information and Privacy Coordinator
Central Intelligence Agency
Washington, D.C. 20505
Institute for ResearchMiddle Eastern Policy
RE: NUMEC diversion files � CIA FOIA and MDR Unresponsiveness
Dear Susan Viscuso,
Thank you for your phone call on June 9, 2011 to discuss the theft and diversion of highly enriched
uranium from the Nuclear Materials and Equipment Corporation. Reporters and public accountability
organizations have long been trying to obtain CIA files about the 1960s diversions of weapons grade
material from NUMEC. Records already publicly released from other agencies reveal that:
1. NUMEC was a center for Israeli intelligence operations, receiving visits from Raphael Eitan
(who later handled spy Jonathan Pollard) and Abraham Bendor as well as top Israeli nuclear
weapons scientists Ephraim Beigon and Avraham Hermoni. (FBI files released under FOIA,
Attachment A).
2. NUMEC's chief venture capitalist, David Lowenthal, was heavily connected to Israeli intelligence
and the leaders of the Israeli government. This may have led the CIA's Tel Aviv station chief to
publicly comment that NUMEC was "an Israeli operation from the beginning."
3. During key Congressional and GAO investigations in the 1970s, the CIA refused to cooperate in
providing publicly releasable information. (1979 GAO report "Nuclear Diversion in the US? 13
Years of Contradiction and Confusion") This led the GAO to conclude that "We believe a timely,
concerted effort.. would have greatly aided and possibly solved the NUMEC diversion
questions, if they desired to do so."
4. NUMEC had twice the rate of "materials unaccounted for" as other nuclear reprocessing
facilities (Department of Energy report).
Since the 1970s the CIA has repeatedly blocked public release of equity content it holds in a large
number of federal agency reports and documents, some of it held in presidential libraries of the
National Archives. On 8/9/1978 reporter John Fialka requested FOIA release of testimony former CIA
director of operations Carl Duckett gave to the Nuclear Regulatory Commission. (Attachment B) The
request was denied. In 2009, we requested release of CIA equity in the report "Nuclear Division in the
US? 13 Years of Contradiction and Confusion" through the GAO. Former NRC commissioners Victor
Galinsky and Roger Mattson have made repeated requests for CIA equity content about NUMEC over
the years�ail of which were denied. In 2009-2010 CIA was unresponsive to the GAO and our requests
for NUMEC content release.
http://www.fas.orgisgp/othergovidoe/heu/
CNI
Approved for Release: 2021/10/21 C05695277
Approved for Release: 2021/10/21 C05695277
A publicly released NRC report of Carl Duckett's (Attachment C) analysis reveals that from the CIA's
perspective the NUMEC diversion matter was "academic since the CIA believed Israel had many
avenues for securing materials and know-how for building nuclear weapons in beyond stealing key
taxpayer funded material from the US.
However the NUMEC matter has never been 'academic for Americans.
The core purpose of FOIA and MDR is government accountability through transparency. The CIA's
blanket ban over releasing material about NUMEC serves to thwart accountability because:
1. The CIA is the only agency believed to have matched the Portsmouth signature of NUMEC
uranium to material found outside Dimona, providing definitive proof of the diversion to nuclear
weapons production. Yet this confirmation has not been formally released.
2. A network of US operatives that assisted in the uranium heist and were likely observed by CIA
during frequent travels to Israel but have gone unexposed in the US, creating the likelihood the
similar smuggling networks will be created in the future.
3. There is a massive taxpayer funded cleanup now underway at Apollo, PA. This cleanup cost
matter is not "academic" if the NUMEC operation really was "an Israeli operation from the
beginning."
4. There is a growing public perception that matters related to Israel occur on a higher plane,
above rule of law and accountability. This could be disastrous to long term societal cohesion
and governance.
On September 10, 2010 we requested all CIA files "relating to uranium diversion from the Nuclear
Materials and Equipment Corporation (NUMEC) to Israel" (Attachment D). In subsequent
correspondence CIA indicated confusion about the scope of the request, and even terminated the
FOIA.
The scope of our FOIA is all CIA NUMEC material.
VVe believe NUMEC documents are now releasable under the guidance of Executive Order 13526
issued December 29, 20092 because:
1. Under Section 1.5 Duration of Classification provisions no document may remain classified
indefinitely. Documents must usually be marked for declassification within 10 or 25 years of the
original classification decision. Under these new standards, the NUMEC files are overdue for
public release.
2. Under Section 1.7 Classification Prohibitions and Limitations it is no longer permissible
to maintain classifications to "conceal violations of law, inefficiency, or administrative
error" or "prevent embarrassment." Outside experts maintain NUMEC material is classified
because it would reveal US taxpayer funded uranium ended up in a foreign nuclear weapons
program. Aver Cohen, in his book "Israel and the Bomb" documents that LBJ associate and
fundraiser Abraham Feinberg was the funding coordinator for the Israeli nuclear weapons
program. Keeping documents classified that confirm embarrassing findings such as those
mentioned above is no longer permissible.
3. Under Section 3.3 "the Secretary of Energy shall determine when information concerning
foreign nuclear programs that was removed from the Restricted Data category in order to
carry out provisions of the National Security Act of 1947, as amended, may be
declassified. Unless otherwise determined, such information shall be declassified when
http://www.fas.org/irP/offdocs/eo/eo-13526.htm
Approved for Release: 2021/10/21 C05695277
Approved for Release: 2021/10/21 C05695277
comparable information concerning the United States nuclear program is declassified."
The US has recently begun to declassify reports about HEU diversion such as the GAO report
"Nuclear Diversion in the US? 13 Years of Controversy and Confusion" and the DOE's "Highly
Enriched Uranium: Striking a Balance" that contain information we believe to be similar to what
we are seeking.
We believe the CIA files and equity content held at NARA libraries will confirm the following:
1 Israel stole nuclear materials and technologies from the United States. Later US
administrations and political appointees were determined to keep discussions of Israeli nuclear
weapons "off the table" to maintain access to campaign contributions.
2 Israel used the materials to develop its clandestine nuclear weapons arsenal which is still used
to coerce both regional actors and the US.
3. The Symington and Glenn amendments to the Foreign Aid Act have long been violated, since
the amendments prohibit aid to nuclear weapons states operating outside the NNPT.
4 CIA secrecy about NUMEC across many presidential administrations has cumulatively
subverted advice and consent governance since there has never been a basis for informed
public discussions about critical public policy issues.
These are obviously all reasons the CIA would continue to maintain a wall of "national security"
denials around all NUMEC files. CIA release of its NUMEC files would clearly have a large impact on
public debate and offend many elite lobbyists and organizations.
But we insist that release is in the public interest, and that the CIA "national security" wall is maintained
in error. CIA Director of Operations Carl Duckett was right to disclose NUMEC to other government
agencies and concerned members of the public. Accountability is long overdue as new questions of
US regional policy and nuclear realities can only be advanced through informed debate. This is not a
privileged area of presidential/Israel/CIA/lobbyist discussions, but an area of vital public discussion
made poorer for lack of relevant, publicly funded information kept under lock and key.
Sincerely,
Grant F. Smith
Director of Research
Enclosures.
Cc:
(b)(6)
President Barak Obama
CIA Director Leon Panetta
FBI Director Robert Mueller
Archivist of the United States David Ferriero
GAO Timothy Bowling
Approved for Release: 2021/10/21 C05695277
Approved for Release: 2021/10/21 C05695277
9/11/63
Security'Office, AE
ed that the AEC SecurIty Office tn
that date to advise of the request
Apollo, Pa. by the fol1Pvi
eflEmbaisf .171
Approved for Release: 2021/10/21 C05695277
Counse1or, -
Approved for Release: 2021/10/21 C05695277
NRC FORM 464 Part I
(6-1998)
U.S. NUCLEAR REGULATORY COMMISSION
RESPONSE TO FREEDOM OF
INFORMATION ACT (FOIA) / PRIVACY
ACT (PA) REQUEST
FOIA/PA
2011-0131
RESPONSE NU
RESPONSE
TYPE
FINAL H PARTIAL
REQUESTER
Grant Smith
DATE
APR 1 9 2011
PART I. � INFORMATION RELEASED
No additional agency records subject to the request have been located.
Requested records are available through another public distribution program. See Comments section.
APPENDICES Agency records subject to the request that are identified in the listed appendices are already available for
A public inspection and copying at the NRC Public Document Room.
q" APPENDICES
. Agency records subject to the request that are identified in the listed appendices are being made available for
LI public inspection and copying at the NRC Public Document Room.
Enclosed is information on how you may obtain access to and the charges for copying records located at the NRC Public
Document Room, 11555 Rockville Pike, Rockville, MD 20852-2738.
APPENDICES
A, II
Agency records subject to the request are enclosed.
Records subject to the request that contain information originated by or of interest to another Federal agency have been
referred to that agency (see comments section) for a disclosure determination and direct response to you.
We are continuing to process your request.
See Comments.
AMOUNT E
See comments
for details
PART 1.A -- FEES
You will be billed by NRC for the amount listed.
You will receive a refund for the amount listed.
Li None. Minimum fee threshold not met.
Fees waived.
PART 1.8 -- INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE
No agency records subject to the request have been located,
Certain information in the requested records is being withheld from disclosure pursuant to the exemptions described in and for
the reasons stated in Part II.
This determination may be appealed within 30 days by writing to the FOINPA Officer, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001. Clearly state on the envelope and in the letter that it is a "FOIA/PA Appeal."
PART I.0 COMMENTS (Use attached Comments continuation oaqe if required)
The incoming request is in ADAMS at ML11081A006.
The records identified on enclosed Appendix A are already available in the NRC Public Document Room (PDR). We have
enclosed a notice which provides procedures for obtaining records from the PDR. Records with a ML Accession number are
available in the NRC electronic public reading room (ADAMS) at http://www.nrc.govireading-rm.html. If you need
assistance in reviewing records in the electronic public reading room, please contact the PDR at [phone], or toll free at
[phone].
REEDO DTION ACT AN PRIVACY ACT OFFICER
NRC FORM 464 Part 1 (6-1998)
PRINTED ON RECYCLED PAPER This form was designed using InForms
Approved for Release: 2021/10/21 C05695277
Approved for Release: 2021/10/21 C05695277
Re: FOIA/PA-2011-0131
APPENDIX A
RECORDS ALREADY PUBLICLY AVAILABLE
ACCESSION
NO. DATE NUMBER
1. 03/02/78 7912180109
DESCRIPTION/(PAGE COUNT)
Freedom of Information Act (FOIA) Request
from A. Kranish, Editor, Trends Publishing,
Inc., to the FOIA Officer, USNRC; FOIA
Request for records relating to the
Commission's inquiry into the testimony of
the Executive Director for Operations, for
reports not included in the three volume s of
material relating to this inquiry released to
Congress and the press. (1 page)
2. 08/09178 8003030015 Freedom of Information Act Appeal Letter
from J. Fialka, The Washington Star to the
USNRC; re: FOIA 78-143. (1 page)
08/07/78 8003030029 USNRC Appeal Response letter to J. Fialka,
The Washington Star; re: FO1A-78-143.
(1 page)
4 05/12/78 8003030034 Freedom of Information Act (FOIA) Request
from J. Fialka, The Washington Star; FOIA
Request for all of the deleted material from
Volume III of "Inquiry Into the Testimony of
the Executive Director of Operations," as
released on February 1978. (1 page)
5. 10/13/78 7811030238 USNRC Discussion of OIA/OGC Inquiry in
Testimony of the Executive Director of
Operations. (62 pages)
6. 10/13/78 7811060005 USNRC Discussion of OIA/OGC Inquiry in
Testimony of the Executive Director o
Operations. (1 page)
7 06/12[78 7811060027 USNRC Discussion of OIA/OGC Inquiry in
Testimony of the Executive Director o
Operations. (34 pages)
8. 07/13/78 7811060028 USNRC Discussion of OIA/OGC Inquiry in
Testimony of the Executive Director o
Operations. (1 page)
Approved for Release: 2021/10/21 C05695277
Approved for Release: 2021/10/21 C05695277
9. 07/13/78
10. 07/25/78
7811060029 USNRC Discussion of 01A/OGC Inquiry in
Testimony of the Executive Director of
Operations. (70 pages)
7811070280 USNRC Discussion of OIAJOGC Inquiry in
Testimony of the Executive Director of
Operations. (60 pages)
Approved for Release: 2021/10/21 C05695277
Approved for Release: 2021/10/21 C05695277
Re: FOINPA-2011-0131
APPENDIX B
RECORDS BEING RELEASED IN THEIR ENTIRETY
(If copyrighted identify with *)
Na DATE DESCRIPTION/WAGE COUNT)
1. 11/01/78 SECY-78-425A -Response to Recommendation from the �IA/OGG
"Inquiry into the Testimony of the Executive Director for Operations,"
Volume 1, Summary Report, Dated February 1978. (91 pages)
Approved for Release: 2021/10/21 C05695277
ApprovedforRelease: 2021/10/21 C05695277
7narrtc6
n
:NATIONAL PRESS auu: NG ,
-n c, yoASHN-GTON, D C 211 C45
March 2 4978
Freedom of Intonation Officer
Nuclear Requlatc:re Commission
Washington, CC 1::,555
FOI Request
Dear Sir:
Under, the terms .Lf the Freedom of Information Act, I hereby request
-access to all materiai,�including documents, memos and other records,
In draft or fine'l for�" relating to the Commission!,* inquiry into
, , � ,
the testimony of the Executive Director for Operations, insofar as
such reports were not included in the three volumes of material
relating to this inquiry released to CongressYand the press.
Please consider this request to include all material deleted from
the unclassified versions of the three volume* in question, though
not limited to such material.
Should any of the requested information be withheld in whole or in
part, please *-;;:cifically identify such material and the names of the
individuals re,:onsible. Please include the statutory basis for any
such denials'. '
Since the matertal is requested tor news disaemination purposes, I
request that c f fees be waived in the public interest. ' I anticipate
, that the requeyted material will be supplied within 10 working days,
as specified 17' the Act.
1 6 1 3 245
FREEDOM OF frypoRmATION
A. anish, Editor ACT REQUEST
d2_
12 8 o I 01
Approved for Release: 2021/10/21 C05695277
Approved for Release: 2021/10/21 C05695277
The% hington Star
pE INLIIAL. E014PQ1
Acgust 2, 1976
Cot tcd ctates -
1e*T Regulatory Commisclohc
rOdovAalcCInformation.ICOPeal.dc
washington D. C. 20555
shinglon,D.C.20061
I hereby ippe@ thArnn1 of the above captthnnd Fretdrn of
ormation Act. roqueet
request tha n eviswing t 1 that you use the standards
.. ,
s orth in the n issued excel; . r, INceuttve Order 12065 o
26, 1978, governing "the class', ,ea and declasdification of
do ifs. As you lecaw,..1,AW nen ErOcu Order substantial ty alters
the ustifisatcongkey "
. to; an agency withholding doetunents .on
1. security v . . _
clthdugh I understand that this new ;
Order dr : , - , e formally effective until, December 31,
,-
1 c vc cw uhat LI. review of thin MIA aDfccal shmuld be
4 its prov-Ir ; - A refurAll to -do ..so mill Inevitably _,�,....,
cid to 1 tc ' .tly UrillCC 02S: c. , ' 'me -eonctuni ng and duplicatfve review
upon the ATve date of t; , itive Order.
tth., ng s 81),)$: I Lion of my
the provir ss of Executive
Approved for Release: 2021/10/21 C05695277
Approved for Release: 2021/10/21 C05695277
may I
- ,
UrdITEUSTA t ES
NUCLEABI nr.GULAT0111(eur.IrsnioN
wAsninG TO N. 11. Cr.705S5
Mr. John J. Fialka
The Washington Star
225 Virginia Avenue, S.E.
Washington, D.C. 20061
Dear Mr. Fialka:
August 7, 1978
1N RESPONSE REFER
10 FO1A-78-143
This is in regard to your letter dated May 12, 1978, in which you
requested, pursuant to the Freedom of Information Act, a copy of all
deleted material from Volume III of the "Inquirylnto the Testimony of ,
he Executive Director for Operations", as released in February, 1978.
Certain portions of Volume III have been classified pursuant to Executive
Order 11652 by the U.S. Nuclear Regulatory Counission. These rlassifird
portions are being withheld from public disclosure, pursuant to exemption (1)
of the Freedom of Information Act (5 U.S.C. 552(b)(1)) and 10 CUR 9.5(a)(I)
of the Connission's regulations.
Pursuant to 10,CFR,9.9 and 9.15,,of the Commission's regulatipns,,it has
been ,determined that the information withheld by NRC is exrmpt from
production or disclosure, and that its production or disclosure is
contrary to the public interest. The persons responsible for this
denial are 0. Gene Abston, Acting Director, Office of Inspector and
Auditor, Raymond J. Brady, Director, Divison of Security. Office of
Administration, and the undersigned.
Other portions of Volume III Were classified by the Central Intelligence
Agency (CIA). In response to your request, NRC has requested that the
CIA review the portions classified by CIA to determine if any material
may be declassified. This is in accordance with Section 3(A) of Executive
Order 11652 which 'perMits Rnly the agency which classifies information
to declassify it NRC has not received a response from CIA as yet
When the CIA does respond, we will promptly provide you with any material
,
which they determine may be disclosed.
Sincerely,
J. H. Felton, Director
-
Division of Rules alecords
Office of Administration
Approved for Release: 2021/10/21 C05695277
Approved for Release: 2021/10/21 C05695277
asliznton 1-ar
225 Virginia Avenue, S.E.
Washington, D.C. 20061
May 12 1578
Joseph M. Felton
Freedom of Information Officer
Nuclear Regulatory commission
. ,
request under the terms of the Freedom of Information
Act for, all of the ,deleted material from Volume III of "Inquiry
o the, Testimony of the Executive, Director for Operations
released OM February Yin.'
Use many di' the deleted 1
surrounding an incident that is
as
ems }'�r to the circumstances
years old, we doubt that
they can be defended u-s pertinent o current national security
prob mS and as being properly classified.
CC:
Walter Diercks Esq.
General Counsel
The Uashington Star
FREEDOM OF INFORMATION
rACI: irCQueST
7 ,z/a
f-Lc_ L 61 .,:�, ?)CC.
8003030
Approved for Release: 2021/10/21 C05695277
Approved for Release: 2021/10/21 C05695277
TEM VIE
FEBRUARY 1970
OFFICE OF THE GENERAL COUNSEL
OFFICE OF INSPECTOR a AUDITOR
US. NUCLEAR REGULATORY COMMISSION
Approved for Release: 2021/10/21 C05695277
Approved for Release: 2021/10/21 C05695277
MAZE
INQUIRY INTO THE TESTIMONY OF THE EXECUTIVE DIRECTOR FOR OPERATIONS
VOLUME III - INTERVIEWS
TABLE OF CONTENTS
Name
Clifford V. Smith, Jr.
Robert F. Burnett
Gerald Page
Roger J. Mattson
John G. Davis
William A. Anders, former Chairman
Kenneth R. Chapman
Peter L. Strauss
Bryan Eagle
C. W. Reamer
Marcus A. Rowden, former Chairman
Hugh L. Thompson, Jr.
George W. McCorkle
Robert A. Erickson
Paul F. Goldberg
Ben Huberman
L. D. Y. Ong
Kenneth S. Pedersen
Bernard J. Snyder
Joseph M. Hendrie, Chairman
Frederick L. Crane
Thomas F. Carter, Jr./Thomas C. Thayer
Joseph J. Fouchard
William J. Dircks
Richard T. Kennedy, Commissioner
Lee V. Gossick
Carl Builder
Edward Mason, former Commissioner
Victor Gilinsky, Commissioner
James H. Conran
Page
1
7
11
17
27
29
40
43
48
53
60
65
70
72
75
78
82
106
109
113
117
121
122
135
137
145
159
164
176
180
199
Approved for Release: 2021/10/21 C05695277
Approved for Release: 2021/10/21 C05695277
information. They had other information such as a type of bombing
practice done with A-4 aircraf
was to deliver a nuclear bomb,
would not have made sense unless it
the NRC briefing the questi.on of whether J-235 had been
4UMEG was academic for the CIA because plutonium from the
was believed to be available, Therefore, from the CIA's
g nce point of view the diversion did not matter. The last
inspection of Dimona was in 1969 in his view it was less than an
adequate investigation to determine whether plutonium was there, After-
wards Israel refused to permit inspections. Furthermore, a shipment of
CCP tons of oomwenriched uranium from Argentina had been diverted to
Israel through a West German cut out,
Mr, Duckett raised the question of whether had intentionally
aliowec material to go to Israel. He said that if any such scheme was
under consideration., he uld have known about it and he never heard so
much as a rumor about this, he, therefore, does not believe there is
any substance to this allegation, In support of this view, he related
that CIA had drafted e National Intelligence Israel's
nuclear caplet., in 1963. In it was the conclusion that. the Israelis
had nuclear weapons, Re showed it to Mr. Helms, Helms told himn not to
publish it and he would take it up with President dohnso n,Mr, Helms
Tlater related that he had spoken to tre President, that the President
was concerned, and that he had said "Don't tell anyone else, :ivefl
Dean Rusk and Robert McNamara.'
Mr, Duckett was asked about the reaction.s of NRCofficials who were
present at his briefing, He said that Mr. Anders was very concerne
felt that already too many people had been exposed to the informati
After the briefing Mr. Duckett went to Mr. Kennedy's office, Mr, K
wanted to talk about more frequent interchange of information.
the NRC and the CIA. Mr. Anders came in and wanted to apo
having so many people present. He said he did not realize how sensitive
nformation was and if he had he would have restricted the attendance
even more, Mr. Anders said that, in the future, he should deal only
with Mr. Kennedy and him, and that in light of the sensitive nature of
the information he was going to go to the White House. During this
session, Mr. Duckett recalls that one Commissioner, probably Mr. Mason,
commented with mock jocularity "My God, I almost went to work for i
Zal Shapiro. I came close to taking a job with him," By the end of the
meeting it was a pretty somber group. Mr. Duckett &des not recall that
the staff actively participated in the briefing. He pointed out that it
was not a formal briefing, It was more of a discussion for the whole
session.
Approved for Release: 2021/10/21 C05695277
Approved for Release: 2021/10/21 C05695277
Ceneral Imetigerre Agency
Washington, D.C. 20505
27 October 2010
Mr. Grant F. Smith
Director of Research
Institute for Research: Middle Eastern Policy
Calvert Station
P.O. Box 32041
Washington, D.C. 20007
Reference: F-2010-01210
Dear Mr. Smith:
This acknowledges receipt of your 19 October 2010 fax in reference to your
13 May 2010 Freedom of Information Act request for records "relating to uranium
diversion from the Nuclear Materials and Equipment Corporation (NUMEC) to Israel."
We can appreciate your concern with not having received a final response to your
request. It is the overwhelming number of requests and their complexity that causes delays
in our responses. Our policy is to handle each on a first-in, first-out basis, which we believe
is the most equitable for all requesters. Again, we regret that we are unable to give you a
definite date for completion and ask for your continued cooperation.
Scott Koch
Acting Information and Privacy Coordinator
Approved for Release: 2021/10/21 C05695277
proved for Release: 2021/10/21 C05695277'
RI WA .13 1111 3
33 OM 1111 ;
IM MI 11 RN 31 01 101 �
0 C.0
CD C
� <
0-U,
= CD CI
OCI)
CD
N.) CD
CD
311
Approved for Release: 2021/10/21 C05695277