ML031530164
| ML031530164 | |
| Person / Time | |
|---|---|
| Site: | Davis Besse  |
| Issue date: | 05/29/2003 |
| From: | Reed C NRC/OCIO/WPDSD/FOIA |
| To: | Gunter P Nuclear Information & Resource Service (NIRS) |
| References | |
| FOIA/PA-2003-0224 | |
| Download: ML031530164 (5) | |
Text
NRC FORM 464 Part I U.S. NUCLEAR REGULATORY COMMISSION (6-1998)
RESPONSE TO FREEDOM OF I.. *
- B r INFORMATION ACT (FOIA) / PRIVACY RESPONSE CI FINAL
~9 Prj PARTIAL
111 Requested records are available through another public distribution program. S ee Comments section.
D APPENDICES Agency records subject to the request that are identified in the listed appendi ces are already available for I public inspection and copying at the NRC Public Document Room.
lit APPENDICES Agency records subject to the request that are identified in the listed appendi ces are being made available for A I public Inspection and copying at the NRC Public Document Room.
a-] Enclosed is information on how you may obtain access to and the charges for cop ying records located at the NRC Public Document Room, 2120 L Street, NW, Washington, DC.
AP ES Agency records subject to the request are enclosed.
L Records subject to the request that contain information originated by or of int erest to another Federal agency have been referred to that agency (see comments section) for a disclosure determination a nd direct response to you.
] We are continuing to process your request.
D See Comments.
PART l.A - FEES AMOUNT' l You will be billed by NRC for the amount listed. D None. Minimum fee threshold not met.
$ l l You will receive a refund for the amount listed. g Fees waived.
See comments for details PART 1.B - INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE LI 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 Off icer, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. Clearly state on the envelope and in the letter tha t it is a FOIAIPA Appeal."
PART l.C COMMENTS (Use attached Comments continuation paqe if required)
SIGNATURE - FREEDOM OF INFORMATION ACTdDAR CY ACT OFFIC Carol Ann Reed
~~
NRC~ 619)PITDO FOM44Pr EYLDPPRTi omwsdsge sn nom NRC FORM 464 Part 1 (6-1998) PRINTED ON RECYCLED PAPER This forrn was designed using InFormns
NRC FORM 464 Part II U.S. NUCLEAR REGULATORY COMMISSION FOIA/PA DATE (6-1998)
RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) I PRIVACY ACT (PA) REQUEST 2003-0224 MAY 29 2 PART II.A - APPLICABLE EXEMPTIONS APPFNn.F.9 1Records subject to the request that are described In the enclosed Appendices are being withheld In their entirety or In part under the I 1.... I Exemption No.(s) of the PA and/or the FOIA as indicated below (5 U.S.C. 552a andlor 5 U.S.C. 552(b)).
g Exemption 1: The withheld Information Is properly classified pursuant to Executive Order 12958.
D Exemption 2: The withheld Information relates solely to the Internal personnel rules and procedures of NRC.
F] Exemption 3: The withheld Information Isspecifically exempted from public disclosure by statute Indicated.
D Sections 141-145 of the Atomic Energy Act, which prohibits the disclosure of Restricted Data or Formerly Restricted Data (42 U.S.C.
21 61-21 65).
D Section 147 of the Atomic Energy Act, which prohibits the disclosure of Unclassified Safeguards Information (42 U.S.C. 2167).
41 U.S.C., Section 253(b), subsection (m)(1), prohibits the disclosure of contractor proposals Inthe possession and control of an executive agency to any person under secton 552 of Title 5,U.S.C. (the FOIA), except when incorporated Into the contract between the agency and the submitter of the proposal.
LI Exemption 4: The withheld information isa trade secret or commercial or financial Information that is being withheld for the reason(s) Indicated.
D2 The information is considered to be confidential business (proprietary) Information.
The nformation is considered to be proprietary because It concerns a licensee's or applicant's physical protection or material control and accounting program for special nuclear material pursuant to 10 CFR 2.790(d)(1).
Eli The information was submitted by a foreign source and received Inconfidence pursuant to 10 CFR 2.790(d)(2).
WjJ Exemption 5: The withheld Information consists of Interagency or intraagency records that are not available through discovery during litigation.
Applicable privileges:
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 intheir entirety, the facts are nextricably 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.
_I Attomey work-product privilege. (Documents prepared by an attomey Incontemplation of litigation)
] Attomey-client privilege. (Confidential communications between an attomey and his/her client)
] Exemption 6: The withheld information is exempted from public disclosure because its disclos ure would result ina clearly unwarranted Invasion of personal privacy.
Wtj Exemption 7: The withheld Information consists of records compiled for law enforcement purposes and Isbeing withheld for the reason(s)
Indicated.
I1 (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.
F (D)The Information consists of names of Individuals and other Information the disclosure of which could reasonably be expected to reveal Identities of confidential sources.
F] (E)Disclosure would reveal techniques and procedures for law enforcement investiga tions or prosecutions, or guidelines that could reasonably be expected to nsk circumvention of the law.
7 (F)Disclosure could reasonably be expected to endanger the life or physical safety of an Individual.
D OTHER (Specify)
PART I.B - DENYING OFFICIALS Pursuant to 10 CFR 9.25(a) 9.25(h), and/or 9.65(b) of the U.S. Nuclear Regulat ory 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 dental 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 TITLEIOFfICE RECORDS DENIED APPEL LATEOFFICIAL James E. Dyer Regional Administrator, RIII Appendix B =
Appeal must be made in writing within 30 days of receipt of this response. App eals should be mailed to the FOIA/Privacy Act Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, for action by th e appropriate appellate official(s). You should clearly state on the envelope and letter that it is a FOIA/PA Appeal."
ON RECYCLED PAPER PRINTED ON This form was designed using InForms NRC FORM 464 NRC FORM Part 11(6.1998) 464 Part II (6-1998) PRINTED RECYCLED PAPER This form was designed using InForms
Re: FOIA 2003-0224 APPENDIX A RECORDS BEING RELEASED IN THEIR ENTIRETY NO. DATE DESCRIPTION/(PAGE COUNT)
- 1. Undated Engineering Change Package - Reference Documents Table of Contents - ECR No. 02-0805-00, Rev. 0 (1 page)
- 2. Undated Engineering Change Screen - ECR 02-0805-00 (1 page)
- 3. Undated Request for Downgrade of Condition Report 02-03668 Persistent Leakage of Casing to Cover Joints for RCPs (1 page)
- 4. 8/5/02 Davis-Besse Restart Test Plan (8 pages)
- 5. 8/9/02 Memo, J. Barron to J. Rogers,
Subject:
Reactor Coolant Pump Issues (7 pages)
- 6. 11/27/02 Memo, D. Zagres to M. Wymer,
Subject:
RCP S/N 701-N-0240 Cover to Case Interface (1 page)
- 7. 11/28/02 Engineering Change Request ECR No. 02-805-00 (2 pages)
- 8. 11/28/02 Installation and Test Requirements ECR 02-0805-00 Rev. 0 (2 pages)
- 9. 11/28/02 Regulatory Applicability Determination No. 02-02026 Rev. 0 (2 pages)
- 10. 2/6/03 Email, T. Gurdziel to C. Lipa,
Subject:
Comments on 12/10/02 First Meeting (1 page)
- 11. 2/13/03 Mode Hold Resolution Form - CR 02-03668 (1 page)
- 12. 2/18/03 Email, C. Lipa to M. Phillips,
Subject:
Re: Fwd: Comments on 12/10/02 First Meeting (1 page)
- 13. 2/24/03 Email, J. Craig to J. Grobe,
Subject:
Re: Followup to Commission Briefing on D-B 02/04/2003 (2 pages)
- 14. 2/26/03 Email, C. Jaegers to J. Grobe,
Subject:
Fwd: Re: Followup to Commission Briefing on D-B 02/04/03 (1 page)
- 15. 3/3/03 Email, C. Lipa to D. Hills/M. Phillips,
Subject:
Re: LATEST REVISION TO DAVIS-BESSE RESTART ACTION MATRIX (1 page)
FOIA-2003-0224 APPENDIX B RECORDS BEING WITHHELD IN THEIR ENTIRETY NO. DATE DESCRIPTION/PAGE COUNT)/EXEMPTIONS
- 1. Undated Memorandum to Davis Besse Nuclear Power Station IMC 0350 Panel from J Grobe,
Subject:
Minutes of Internal Meeting of the Davis Besse Oversight Panel (13 pages) EX. 5
- 2. Various Records located in file Ril1-2003-A-0005 (approximately 100 pages) EX.
7A