ML031630895
| ML031630895 | |
| Person / Time | |
|---|---|
| Site: | Davis Besse  |
| Issue date: | 06/06/2003 |
| From: | Reed C NRC/OCIO/WPDSD/FOIA |
| To: | Riccio J Greenpeace |
| References | |
| FOIA/PA-2003-0018 | |
| Download: ML031630895 (6) | |
Text
NRC FORM 464 Part I U.S. NUCLEAR REGULATORY COMMISSION FOIA/PA RESPONSE NUMBER (8-1Go8) 2003-0018 9 RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) PRIVACY RESPONSE R FINAL PARTIAL ACT (PA) REQUEST TYPE REQUESTER DATE James Riccio JUN 0 6 203 PART I. - INFORMATION RELEASED D No additional agency records subject to the request have been located.
[] Requested records are available through another public distribution program. S ee Comments section.
g AENDIcES Agency records subject to the request that are identified in the listed appendi ces are already available for lj public inspection and copying at the NRC Public Document Room.
g l APPENDICES Agency records subject to the request that are Identified In the listed appendi ces are being made available for
'l U pubic inspection and copying at the NRC Public Document Room.
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.
9 [ 'l;UD ] Agency records subject to the request are enclosed.
D 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.
g We are continuing to process your request.
D See Comments.
PART A - FEES AMOUNT' D You will be billed by NRC for the amount listed. ] None. Minimum fee threshold not met.
$ D You will receive a refund for the amount listed. Fees waived.
See comments for details PART LB - INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE LI No agency records subject to the request have been located.
Certain information in the requested records s being withheld from disclosure pursuant to the exemptions described in and for the reasons stated InPart 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 FOIA/PA Appeal."
PART l.C COMMENTS (Use attached Comments continuation Pane If required)
SIGNATURE -FREEDOM OF !yERMATION ACT AND PRIV ACT OFFICER Carol Ann Reed _
NRCFOM44art-a.o-,
PNENCCEAEhsfomwsdse NRC FORM 464 Part (199B) PRINTED ON RECYCLED PAPER This fonn was designed using InForms
NRC FORM 464 Part II U.S. NUCLEAR REGULATORY COMMISSION FOIA/PA DATE RESPONSE TO FREEDOM OF INFORMATION 2 ACT (FOIA) / PRIVACY ACT (PA) REQUEST 2003-0018 JUN 0 6 3 PART I.A - APPLICABLE EXEMPTIONS aPPFN>nF.sRecords subject to the request that are described In the enclosed Appendlces are being withheld In their entrety or In part under the Exempgon No.(s) of the PA and/or the FOIA as Indicated below (5 U.S.C. 552a andVor 5 U.S.C. 552(b)).
[] Exemption 1: The wfthheld Information Isproperty ciassifled pursuant to Executive Order 12958.
D- Exemptlon 2: The wlthheld Information relates solely to the Intemal personnel rules and procedures of NRC.
D Exemption 3: The withheld Information Isspecificalily exempted from public disclosure by statute Indicated.
[] Sections 141-145 of the Atomic Energy Act, which prohibits the disclosure of Restricted Data or Formery Restricted Data (42 U.S.C.
2161-2165).
[] Section 147 of the Atomic Energy Act which prohibits the disclosure of Unclassified Safeguards Information (42 U.S.C. 2167).
0l 41 U.S.C., Section 253(b), subsecUon (m)(1), prohibits the disclosure of contractor proposals In the possession and control of an executive agency to any person under section 552 of Tile 5, U.S.C. (the FOIA). except when Incorporated into the contract between the agency and the submitter of the proposal.
[] Exempilon 4: The withheld Information Is a trade secret or commercial or financial informat on that Is being withheld for the reason(s) Indicated.
LI The Information Is considered to be confidential business (proprietary) Information.
17 The informaton Is considered to be proprietary because It concems a licensee's or applicant's physicai protection or material control and accountng program for special nuclear matenal pursuant to 10 CFR 2.790(d)(1).
The informaton was submitted by a foreign source and received in confidence pu rsuant to 10 CFR 2.790(d)(2).
Exemption 5: The wfthheld Information consists of interagency or intraagency records that are not available through discovery during ligatlon.
Appflcable privileges:
Deliberative process: Dlsclosure of predecisional Information would tend to in hibit the open and frank exchange of ideas essenal to the deliberative process. Where records are withheld In their entirety, the facts are inextricably intertMned with the predecislonal Information.
There also are no reasonably segregable factual portions because the release of the facts would permIt an Indirect Inquiry into the predecislonal process of the agency.
LI Attomey work-product privilege. (Documents prepared by an attomey In contemplation of liUgaton)
LI Attomey-client privilege. (Confidental communications between an attomey and his/her client) g Exemption 6: The withheld information is exempted from public disclosure because Its disclosure would resuit in a clearly unwarranted Invasion of personal privacy.
[] Exemption 7: The withheld Information consists of records compiled for law enforcement purposes and is being withheld for the reason(s)
Indicated.
LI (A) Disclosure could reasonably be expected to Interfere with an enforcement proceeding (e.g.. t would reveal the scope, directdon, 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).
2 (C) Disclosure would constitute an unwarranted Invasion of personal privacy.
F] (D)The Informaton consists of names of individuals and other infofmatIon the disc losure of which could reasonably be expected to reveal IdentHies of confidential sources.
r (E) Disclosure would reveal techniques and procedures for law enforcement investgatons or prosecutons, or guidelines that could reasonably be expected to risk drcumventIon of the law.
[ (F)Disclosure could reasonably be expected to endanger the fe or physical safety of an ndividual.
] OTHER (Specfy)
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 wthhe d 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 EDO SECY CIAL William F. Kane Deputy Executive Director for Reactor Programs Appendix U v Samuel J. Collins Director, Office of Nuclear Reactor Regulation Appendix V 4 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.'
RECYCLED PAPER ON RECYCLED PRINTED ON This Worm was designed using InForms FORM 464 NRC FORM NRC 11(6.1998)
Part 11 484 Part 6-1998) PRINTED PAPER This onFn was designed using FnForms
FOIA-2003-0018 APPENDIX S RECORDS ALREADY PUBLICLY AVAILABLE ACCESSION NO. DATE NUMBER DESCRIPTIONi/IPAGE COUNT)
- 1. 9/7/02 ML022620543 Condition Report 02-05536, Crack Indication in J-Groove Weld of Old CRDM Nozzle 3 (1 page)
- 2. 9/9/02 ML022620538 Condition Report 02-05705, Cladding Crack Found in Original RVH Cavity (1 page)
FOIA-2003-0018 APPENDIX T RECORDS BEING RELEASED IN THEIR ENTIRETY NO. DATE DESCRIPTIONI(PAGE COUNT)
- 1. 10/8/02 E-Mail from Cullen to Long,
Subject:
Sample Plan Phase 3 with enclosures (4 pages)
- 2. 11/27/02 E-Mail from Cullen to Torres,
Subject:
Davis Besse Cladding Update with enclosure (3 pages)
FOIA-2003-001 8 APPENDIX U RECORDS BEING WITHHELD IN PART NO. DATE DESCRIPTIONI(PAGE COUNT)IEXEMPTIONS
- 1. 8/12/02 E-Mail from Haag to Starefos,
Subject:
More Interview Forms (51 pages)
(49 PAGES OUTSIDE SCOPE OF THE REQUEST AND THEREFORE NOT BEING PROVIDED) EX. 6
- 2. 8/12102 E-Mail from Haag to Starefos,
Subject:
More Interview Forms (41 pages)
(38 PAGES OUTSIDE SCOPE OF THE REQUEST AND THEREFORE NOT BEING PROVIDED) EX. 6
FOIA-2003-0018 APPENDIX V RECORDS WITHHELD IN THEIR ENTIRETY NO. DATE DESCRIPTIONK(PAGE COUNT)IEXEMPTIONS
- 1. 9110/02 E-Mail from Mendiola to Bateman et al.,
Subject:
Cracks Found in Davis Besse Head Sample (1 page) EX. 5