ML031550682
| ML031550682 | |
| Person / Time | |
|---|---|
| Site: | Davis Besse  |
| Issue date: | 06/02/2003 |
| From: | Reed C NRC/OCIO/WPDSD/FOIA |
| To: | Riccio J Greenpeace |
| References | |
| FOIA/PA-2003-0018 | |
| Download: ML031550682 (4) | |
Text
NRC FORM 464 Part I U.S. NUCLEAR REGULATORY COMMISSION UIAltA RESPONSE NUMBER (6.1998)
F REG6 2003-0018 7 RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) PRIVACY RESPONSE FINAL PARTIAL
-0 ACT (PA) REQUEST TYPE E
- *
- V REQUESTER DATE James Riccio JUN 0 2 213 PART I. -- INFORMATION RELEASED El No additional agency records subject to the request have been located.
Cl Requested records are available through another public distribution program. See Comments section.
n] APPENDICES Agency records subject to the request that are identified in the listed appendices are already available for l.. 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 l l public inspection and copying at the NRC Public Document Room.
F Enclosed is information on how you may obtain access to and the charges for copying records located at the NRC Public LJDocument Room, 2120 L Street, NW, Washington, DC.
APPENDI CES Alo r APEDo Agency records subject to the request are enclosed.
D 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.
hti We are continuing to process your request.
D See Comments.
PART l.A-FEES AMOUNT' ' You will be billed by NRC for the amount listed. El None. Minimum fee threshold not met.
'See comments 1 a You will receive arefund for the amount listed. L Fees waived.
for details PART l.B - INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE El 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.
IZj 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 "FOIA/PA Appeal."
PAR I.c CUMMENI (use attacnea comments continuation page it requirea)
SIGNATURE - FREEDOM OF INFORMATION ACT AND, RIVA CT OFFICER /
Carol Ann Reed C, % K 7, @ /
NRC_FORM 464 Part 1 (6-1998) PRINTED OTn NRC FORM 464 Part 1 (6-1998) PRINTED ON RECYCLED PAPER This form was designed using InForrns
NRC FORM 464 Part 11 U.S. NUCLEAR REGULATORYCOMMISSION FOAIPA DATE RESPONSE TO FREEDOM OF INFORMATION 2 ACT (FOIA) / PRIVACY ACT (PA) REQUEST 2003-0018 JJH 0 2 ZOOS PART II.A - APPLICABLE EXEMPTIONS APPFNniF Records subject to the request that are described In the enclosed Appendices are being withheld In their entirety or In part under the O,l l 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)).
Li Exemption 1: The withheld Information Is properly classified pursuant to Executve Order 12958.
Li Exemption 2: The withheld information relates solely to the Internal personnel rules and procedures of NRC.
Li Exemption 3: The withheld Information Is specifically exempted from public disclosure by statute indicated.
a Sections 141-145 of the Atomic Energy Act, which prohibits the disclosure of Restricted Data or Formerly Restricted Data (42 U.S.C.
2161-2165).
Li Section 147 of the Atomic Energy Act, which prohibits the disclosure of Unclassified Safeguards Information (42 U.S.C. 2167).
LII 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.
Li Exemption 4: The withheld Information is a trade secret or commercial or financial information that is being withheld for the reason(s) indicated.
Li The information is considered to be confidential business (proprietary) nformation.
The nformation Is considered to be proprietary because it concems a licensee's or applicanrs physical protection or material control and accounting program for special nuclear material pursuant to 10 CFR 2.790(d)(1).
a The Information was submitted by a foreign source and received In confidence pu rsuant to 10 CFR 2.790(d)(2).
1 Exemption 5: The withheld Information consists of Interagency or fntraagency records that are not available through discovery during litgation.
Applicable privieges:
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 nto the predecisional process of the agency.
Li Attomey work-product privilege. (Documents prepared by an attomey In contemplation of litigation)
W Attomey-client privilege. (Confidential communications between an attomey and his/her client) gF1 Exemption 6: The withheld information is exempted from public disclosure because its disclosure would result In a clearly unwarranted Invasion of personal privacy.
Fl Exemption 7: The withheld information consists of records compiled for law enforcement purposes and is being withheld for the reason(s)
Indicated.
n-] (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 wrongdolng or a violation of NRC requirements from Investigators).
2 (C) Disclosure would constitute an unwarranted Invasion of personal privacy.
ni (D)The nformation consists of names of ndividuals and other Information the disc losure of which could reasonably be expected to reveal Identities of confidential sources.
L (E)Disclosure would reveal techniques and procedures for law enforcement Investigations or prosecutions, or guidelines that could reasonably be expected to risk circumvention of the law.
W (F)Disclosure could reasonably be expected to endanger the life or physical safety of an fndividuaf.
W 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 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 denial are those officials identified below as denying officials and the FOIAJPA Officer for any denials that may be appealed to the Executive Director for Operations (EDO).
-~~~~~~~~~~~~~~~~~~~~~~~~PELT OFFCIA DENYING OFFICIAL TITLE/OFFICE RECORDS DENIED APPE LATE OFFICIAL Samuel J. Collins Director, Office of Nuclear Reactor Regulation Appendix 0/1-013, P1 v Ashok C. Thadani Director, Office of Nuclear Regulatory Research Appendix 0/4, P1 v_
Sandy M. Joosten Executive Assistant, Office of the Secretary Appendix P12-P/4 v Appeal must be made in writing within 30 days of receipt of this response. App eals should be mailed to the FOlA/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."
PAPER This form was designed using InForms NRC FORM 464 NRC FORM 11(6-1998)
Part 11 464 Part (6-1 998) ON RECYCLED PRINTED ON PRINTED RECYCLED PAPER This form was designed using InFonrns
FOIA-2003-001 8 APPENDIX 0 RECORDS WITHHELD IN PART NO. DATE DESCRIPTION/(PAGE COUNT)/EXEMPTIONS
- 1. 4/30/02 Failure Criterion Development and Parametric Finite Element Anlayses to Assess Margins for the Davis Besse RPV Head Corrosion with handwritten notes (28 pages) Exemption 5
- 2. 5/3/02 E-mail from G Wilkowski to W Norris,
Subject:
Davis Besse Head Corrosion Margin Report (59 pages) Exemption 5 and 6
- 3. 5/21/02 E-mail from S Long to Bassbr©ornl.qov,
Subject:
Mike Johnson Just Called and Wanted to Discuss Support For Their Davis Besse Significance Determination (2 pages) Exemption 6
- 4. 5/21/02 E-Mail from R Bass to C Briggs,
Subject:
Mike Johnson Just Called and Wanted to Discuss Support for their Davis Besse Significance Determination (7 pages) Exemption 5
FOIA-2003-001 8 APPENDIX P RECORDS WITHHELD IN ENTIRETY NO. DATE DESCRIPTION/(PAGE COUNT)/EXEMPTIONS
- 1. 9/10/02 E-Mail from S Long to M Kirk,
Subject:
Clad Flaw Distribution for Davis Besse (4 pages) Exemption 5
- 2. Undated Safety Significance Determination files with color images (1 page)
Exemption 5
- 3. Undated Phase 3 Significance Determination for Cavity in Davis Besse Reactor Pressure Vessel Head (3 pages) Exemption 5
- 4. 4/23/01 Draft Phase 3 Significance Determination for Cavity in Davis Besse Reactor Pressure Vessel Head (3 pages) Exemption 5