ML031050021

FOIA/PA-2003-0018 - Resp 5 - Partial

ML031050021
Person / Time
Site:	Davis Besse
Issue date:	04/10/2003
From:	Reed C NRC/OCIO/WPDSD/FOIA
To:	Riccio J Greenpeace
References
FOIA/PA-2003-0018
Download: ML031050021 (7)

Text

NRC FORM 464 Part I U.S. NUCLEAR REGULATORY COMMISSION I-UIAIJA RESPONSE NUMBER (6-1998)

REG&/2003-0018 20 5

S ihRESPONSE TO FREEDOM OF t INFORMATION ACT (FOIA) I PRIVACY RESPONSE FINAL PARTIAL

%1 ACT (PA) REQUEST TYPELi REQUESTER DATE James Riccio APR I 0 ZM PART I. -- INFORMATION RELEASED Li No additional agency records subject to the request have been located Li 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 public inspection and copying at the NRC Public Document Room.

APPENDICES Agency records subject to the request that are identified in the listed appendices are being made available for

,J 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, 2120 L Street, NW, Washington, DC.

APPENDIC ES APPNIC Agency records subject to the request are enclosed.

7 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.

IVI We are continuing to process your request.

D See Comments PART l.A - FEES AMOUNT' El You will be billed by NRC for the amount listed None. Minimum fee threshold not met

$ lLi You will receive a refund for the amount listed jjj Fees waived.

See comments for details PART 1. - INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE Ci 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 FOIA/PA Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. Clearly state on the envelope and in the letter that it is a "FOIAIPA Appeal" PAKI I.U t'ArKT IA.; LUMI4 IU5r~~c LWfli tU5e auduneu A-Bn CantsII~IL i'VIIIIIIt""

L~rtUnEII.II^dIr IIn ifrnli~

UU11tilluc"Jull P92.9c 'I 14ullvul SIGNATURE - FREEDOM OF INFORMATION ACT AND PRIV ACT OFFICER Carol Ann Reed I- I - I

_hi .or wa .eige usn . -r_

NRC FORM 464 Part 1 (6-1998) PRINTED ON RECYCLED PAPER This form was designed using InForms

NRC FORM 464 Part 11 U.S. NUCLEAR REGULATORY COMMISSION FOIAIPA DATE

' 1ESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) I PRIVACY ACT (PA) REQUEST 2003-0018 APR i U ZOW PART II.A -APPLICABLE EXEMPTIONS

_APPENDICES Records subject to the request that are described in the enclosed Appendices are being withheld in their entirety or in part under I J,K the Exemption No (s) of the PA and/or the FOIA as indicated below (5 U.S C 552a and/or 5 U S C 552(b)).

[a Exemption 1: The withheld information is properly classified pursuant to Executive Order 12958 Exemption 2. The withheld information relates solely to the internal personnel rules and procedures of NRC L Exemption 3. The withheld information is specifically exempted from public disclosure by statute indicated m Sections 141-145 of the Atomic Energy Act, which prohibits the disclosure of Restricted Data or Formerly Restricted Data (42 U S C Ln 21 61-21 65)

LI Section 147 of the Atomic Energy Act, which prohibits the disclosure of Unclassified Safeguards Information (42 U S C 2167) r-] 41 U S C., Section 253(b), subsection (m)(1), prohibits the disclosure of contractor proposals in the possession and control of an executive agency to any person under section 552 of Title 5, U S C. (the FOIA), except when incorporated into the contract between the agency and the submitter of the proposal pr Exemption 4. The withheld information is a trade secret or commercial or financial information that is being withheld for the reason(s) ivi indicated The information is considered to be confidential business (proprietary) information The information is considered to be proprietary because it concerns a licensee's or applicant's physical protection or material control and LI accounting program for special nuclear material pursuant to 10 CFR 2 790(d)(1).

CL The information was submitted by a foreign source and received in confidence pursuant to 10 CFR 2 790(d)(2) prr Exemption 5 The withheld information consists of interagency or intraagency records that are not available through discovery during litigation. Applicable privileges Far Deliberative process: Disclosure of predecisional information would tend to inhibit the open and frank exchange of ideas essential to the deliberative process Where records are withheld in their entirety, the facts are inextricably intertwined with the predecisional information There also are no reasonably segregable factual portions because the release of the facts would permit an indirect inquiry into the predecisional process of the agency.

Attomey work-product privilege (Documents prepared by an attorney in contemplation of litigation)

L Attorney-client privilege (Confidential communications between an attorney and his/her client)

P Exemption 6: The withheld information is exempted from public disclosure because its disclosure would result in a clearly oL~J unwarranted invasion of personal privacy.

FMl Exemption 7: The withheld information consists of records compiled for law enforcement purposes and is being withheld for the reason(s) indicated.

(A) Disclosure could reasonably be expected to interfere with an enforcement proceeding (e g, it would reveal the scope, direction, and focus of enforcement efforts, and thus could possibly allow recipients to take action to shield potential wrongdoing or a violation of NRC requirements from investigators)

LI (C) Disclosure would constitute an unwarranted invasion of personal privacy r (D)The information consists of names of Individuals and other information the disclosure of which could reasonably be expected to reveal LJ identities of confidential sources Fl (E) Disclosure would reveal techniques and procedures for law enforcement investigations or prosecutions, or guidelines that could L reasonably be expected to risk circumvention of the law.

L-1 (F) Disclosure could reasonably be expected to endanger the life or physical safety of an individual LI OTHER (Specify)

PART II.B -- DENYING OFFICIALS Pursuant to 10 CFR 9 25(g), 9.25(h), and/or 9.65(b) of the U.S. Nuclear Regulatory Commission 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 person responsible for the denial are those officials identified below as denying officials and the FOIA/PA Officer for any denials that may be appealed to the Executive Director for Operations (EDO).

DENYING OFFICIAL TITLE/OFFICE RECORDS DENIED APPE1L=OFFC kU SEE ATTACHED t 1- rI I Appeal must be made in writing within 30 days of receipt of this response. Appeals should be mailed to the FOIA[Privacy Act Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, for action by the appropriate appellate official(s). You should clearly state on the envelope and letter that it is a "FOIA/PA Appeal."

D~ON

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~~~~~~~~~PRINTED N~RC~~ ~~RECYCLED O EY LD PMP FO Pr 4 4RT 1 6 1 9 )P i o mws d s g e sn n o m NRC FORM 464 Part 11 (6-1 998) PAPER This form was designecl using InForms

NRC FORM 464 Part I U.S. NUCLEAR REGULATORY COMMISSION 1-UIAIPA RESPONSE NUMBER (6-1998) 2003-0018 5 RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) I PRIVACY ACT (PA) REQUEST (Continued) DATE PART L.C COMMENTS (Continued)

DENYING OFFICIALS TITLE/OFFICE RECORDS DENIED APP]ELLATE OFFICIAL Mr. Samuel J. Collins Director, Office of Nuclear Reactor J/1, J/2, J14, J15, J/7, J/8 EDO Regulation J/12- J/14, J/18, K/3, K/6, K1/10, K/11, K/13 Mr. Ashok C. Thadani Director, Office of Nuclear Regulatory J/I, J/I7, J/18, K/6, K/111 EDO Research Mr. James E. Dyer Regional Administrator, RiII J/3, J/4, J16, J/8-J/ll, J/15, J/16 EDO J/16, K/1-K/5, K/7, K/9, K/13 Ellis W. Merschoff Regional Administrator, RIV K/8 EDO Sandy M. Joosten Executive Assistant, Office of the K/12 SECY Secretary of the Commission

FOIA-2003-001 8 APPENDIX I RECORDS BEING RELEASED IN THEIR ENTIRETY NO. DATE DESCRIPTION/(PAGE COUNT)

1. 5/6/02 E-Mail from C Lipa to E Chelliah,

Subject:

Information on LER 346-2002-002-00 (1 page)

2. 4/29/02 E-Mail from S Long to S Burgess,

Subject:

DB Questions (1 page)

3. 4/30/02 E-Mail from S Long to J Grobe et al.,

Subject:

COMSECY Responses and Davis Besse Questions (1 page)

4. 5/20/02 E-Mail from J Grobe to A Hiser et al.,

Subject:

Response to Two NRC Questions Following the Root Cause Presentation (3 pages)

5. 5/21/02 E-Mail from A Howell to J Grobe,

Subject:

LLTF Request for Regional Presentation (2 pages)

6. 7/9/02 Letter to W Tauzin from R Meserve (40 pages)

7. 7/1 0/02 E-Mail from S Long to L Collins,

Subject:

DB0350 Panel Meeting (1 page)

8. 7/15/02 E-Mail from A Howell to LLTF,

Subject:

Updated Integrated Schedule (4 pages)

9. 7/19/02 Letter to W Tauzin from R Meserve (2 pages)

10. 9/9/02 E-Mail from J Grobe to W Dean,

Subject:

Meeting with ET on Davis Besse Risk Assessment & SDP Process (2 pages)

FOIA-2003-0018 APPENDIX J RECORDS WITHHELD IN PART NO. DATE DESCRIPTIONI(PAGE COUNfl/EXEMPTIONS

1. 9/4/02 E-mail from W Cullen to S Long, SubJect: Alloy 600 Crack Growth Rates for D-B Nozzle #47(2 pages)(JJAe.I-'a5¢oj £.. 6

2. 5/3/02 E-mail from S Long to D Marksberry,

Subject:

Definition of SDP Risk Question for Davis Besse Head Cavity (3 pages) (1 page Released) EX.

5

3. 5/9/02 E-Mail from S Long to S Bloom,

Subject:

May 9 Internal Panel Meeting (6 pages) (#{pages Released) EX. 2 and 5

4. 5/10/02 E-mail from J Grobe to M Johnson,

Subject:

May 9 Internal Panel Meeting (1 page) EX. 5

5. 5/24/02 To all from S Long (1 page) EX. 6

6. 6/3/02 E-Mail from M Holmberg to J Grobe,

Subject:

May 9 Infernal Panel Meeting (1 page) EX. 5

7. 6/19/02 E-Mail from S Long to S Burgess,

Subject:

Davis-Besse 0350 Mtg Attendance (2 pages) EX. 5

8. 6/27/02 E-Mail from S Long to L Collins,

Subject:

Attend 7/2 Panel Meeting (2 pages) EX. 5

9. 7/1/02 E-Mail from J Grobe to P Wilson,

Subject:

Davis Besse Risk Assessment (1 page) EX. 5

10. 7/8/02 E-Mail from S Long to D Snowberger,

Subject:

Next Three Panel Meetings (2 pages) EX. 2

11. 7/9/02 E-Mail from S Long to D Snowberger, Subject' Updated Action Item List (6 pages) (2 pages Released) EX. 5

12. 7/18/02 E-Mail from S Long to L Collins,

Subject:

Attend 7/25 Panel Meeting? (1 page) EX. 5

13. 7/20/02 Letter to J Dyer from Bergendahl, FENOC, Response to Request for Additional Information Related to the Davis Besse Nuclear Power Station Safety Significance Assessment (67 pages) EX. 5

14. 7/31/02 E-Mail from J Grobe to S Long,

Subject:

Industry Conference Presentation on Davis Besse (2 pages) EX. 5

15. 8/10/02 E-Mail from J Grobe to B Sheron et al.,

Subject:

Industry Conference Presentation on Davis-Besse (2 pages) EX. 5

16. 9/5/02 E-Mail from J Grobe to C Lipa,

Subject:

Risk Approach (3 pages) (2 page Released) EX. 5

17. 10/1/02 Memorandum to J Zwolinski from M Mayfield,

Subject:

Structural Analysis of the Rupture Capacity of the Exposed Cladding at Davis Besse (99 pages) EX. 4

18. 5/28/02 E-Mail from S Long to D Pickett,

Subject:

Dimensions Davis-Besse Cavity (2 pages) (1 page Released) EX. 5

FOIA-2003-001 8 APPENDIX K RECORDS WITHHELD IN THEIR ENTIRETY NO. DATE DESCRIPTION/(PAGE COUNT)

1. 11/28/00 Table 1 Categories of Initiating Events for Davis Besse Nuclear Power Station, Unit 1 (6 pages) EX. 5

2. 5/22/02 E-Mail from J Grobe to B Clayton et al.,

Subject:

LLTF Request or Regional Presentation (1 page) EX. 5

3. 7/22/02 E-Mail from S Long to C Lipa,

Subject:

New Info on DB? (1 page) EX. 5

4. 7/24/02 E-Mail from J Grobe to A Howell et al.,

Subject:

New Info on DB? (1 page) EX. 5

5. 7/26/02 E-Mail from J Grobe to J Dyer,

Subject:

Davis Besse Radioactive Partical Significance Assessment (10 pages) EX. 5

6. 7/29/02 E-Mail from S Long to D Marksberry,

Subject:

Davis Besse Status (1 page) EX. 5

7. 8/29/02 E-Mail from L Collins to DB0350,

Subject:

Internal Panel Meetings Next Week (4 pages) EX. 5

8. 8/30/02 E-Mail from E Merschoff to M Kirk,

Subject:

ORNL Davis Besse Study (4 pages) EX. 5

9. 9/4/02 E-Mail from M Holmberg to DB0350,

Subject:

Davis Besse Discussion Group (1 page) EX. 5

10. 10/4/02 E-Mail from W Dean to C Carpenter, et al.,

Subject:

Nozzle Cracking Data for Risk Assessments (1 page) EX. 5

11. 10/7/02 E-mail from S Long to G Demoss,

Subject:

Davis Besse Reports and Letter (1 page) EX. 5

12. 9/17/02 E-mail from J Uhle to M Tschiltz,

Subject:

Updates on Davis Besse (1 page) EX. 5

13. 5/3/02 E-Mail from S Long to S Burgess,

Subject:

Definition of SDP Risk Question for Davis Besse Head Cavity (2 pages) EX. 5