ML033100148
| ML033100148 | |
| Person / Time | |
|---|---|
| Site: | Dresden  |
| Issue date: | 10/27/2003 |
| From: | Reed C NRC/OCIO/WPDSD/FOIA |
| To: | Kamps K Nuclear Information & Resource Service (NIRS) |
| References | |
| FOIA/PA-2003-0395 | |
| Download: ML033100148 (5) | |
Text
NRC FORM 464 Part I U.S. NUCLEAR REGULATORY COMMISSION FOIA/PA RESPONSE NUMBER (5-1998) d5'4 °,%~ 2003-0395 2 S % fRESPONSE TO FREEDOM OF INFORTIONACT (PA) REQUEST RESPONSE R FINAL gJ PARTIAL REQUESTER DAT UC 2 Kevin Kamps C PART I. - INFORMATION RELEASED LI No additional agency records subject to the request have been located.
F Requested records are available through another public distribution program. See Comments section.
D lIEIE j Agency records subject to the request that are identified In the listed appendices are already available for lpublic Inspection and copying at the NRC Public Document Room.
! APPENDI Th CES Agency records subject to the request that are identified in the listed appendices are being made available for C' J public Inspection and copying at the NRC Public Document Room.
F-I 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.
IINIC 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.
We are continuing to process your request.
D See Comments.
PART l.A- FEES IAtOUNT I O You will be billed by NRC for the amount listed. Ok None. Minimum fee threshold not met.
S l 2 You will receive a refund for the amount listed. Fees waived.
'See comments for details PART l.B - INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE D] 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.
gtj This determination may be appealed within 30 days by writing to the FOIAIPA Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. Clearly state on the envelope and in the letter that it Is a FOlAIPA Appeal."
PART l.C COMMENTS (Use attached Comments continuation pane If required)
SIGNATURE. FREEDOM OF INFORMATION AC ANDJtIVACYACTOFFIC4 Carol Ann Reed PRINTED ON RECYCLED PAPER This form was designed using InForms NRC FORM 464 NRIC Part 1 464 Part (6-1998) 1 (1998) PRINTED ON RECYCLED PAPER This form was designed using InForms
NRC FORM 464 Part II U.S. NUCLEAR REGULATORY COMMISSION FOIAIPA DATE RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) / PRIVACY ACT (PA) REQUEST 2003-0395 X PART II.A - APPLICABLE EXEMPTIONS APPFNnrF.1 Records subject to the request that are described In the enclosed Appendices are being withheld in their entirety or In part under the
- 1) I Exemption No.(s) of the PA andlor the FOIA as Indicated below (5 U.S.C. 552a and/or 5 U.S.C. 552(b)).
[] Exemption 1: The withheld Information Is property classified pursuant to Executive Order 12958.
2 Exemption 2: The withheld nformation relates solely to the Internal personnel rules and procedures of NRC.
D Exemption 3: The withheld Information Is specifically exempted from public disclosure by statute indicated.
] 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).
D Section 147 of the Atomic Energy Act which prohibits the disclosure of Unclassified Safeguards Information (42 U.S.C. 2167).
Fl 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.
D Exemption 4: The withheld Information Is a trade secret or commercial or financial Information that is being withheld for the reason(s) Indicated.
D 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 accounting program for special nuclear material pursuant to 10 CFR 2.790(d)(1).
D The Information was submitted by a foreign source and received In confidence pursuant to 10 CFR 2.790(d)(2).
Fl Exemption 5: The withheld Information consists of interagency or intraagency records that are not available through discovery during litgation.
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 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.
2 Attomey work-product privilege. (Documents prepared by an attorney In contemplation of litigation)
D Attomey-client privilege. (Confidential communications between an attorney and his/her client)
Fl Exemption 6: The withheld Information Is exempted from public disclosure because Its disclosure would result In a clearly unwarranted invasion of personal privacy.
giF 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).
i (C) Disclosure would constitute an unwarranted Invasion of personal privacy.
l (D) The nformation 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 Investigations or prosecutions, or guidelines that could reasonably be expected to risk circumvention of the law.
D (F)Disclosure could reasonably be expected to endanger the life or physical safety of an Individual.
L 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 nformation withheld is exemt 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 FOIAIPA Officer for any denials that may be appealed to the Executive Director for Operations (EDO). A DENYING OFFICIAL TITLE/OFFICE RECORDS DENIED EDO LATE FIAL Martin J. Virgilio Director, Office of Nuclear Material Safety and Appendix D v _
4- +
Appeal must be made in writing within 30 days of receipt of this response. Appeals should be mailed to the FOlNAPrivacy 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 FOIAPA Appeal.*
PAPER This form was designed using InForms NRC FORM 464 NRC FORM 11(6.1998)
Part 11 454 Part (6-1998) ON RECYCLED PRINTED ON PRINTED RECYCLED PAPER This form was designed using InForms
FOIA-2003-395 APPENDIX C RECORDS BEING RELEASED IN THEIR ENTIRETY NO. DATE DESCRIPTION/(PAGE COUNT)
, 1. Undated Status Summary Sheet (Allegation Number NMSS-2002-A-0002) (1 page)
- 72. Undated Status Summary Sheet (Allegation Number NMSS-2002-A-0003) (1 page)
,3. Undated Case Chronology (Allegation Number NMSS-2002-A-0002) (1 page)
"4. 01/24/02 Email from P. Narbut to B. Jorgensen re: UST&D Inspection Plan (1 page)
"5. 03/08/02 Handwritten notes by R. O'Connell re: Forwarding email to Rill (1 page)
-6. 03/14/02 Handwritten notes by R. O'Connell re: Alleger's phone call (1 page)
-7. 03/22/02 Email from W. Hodges to R. O'Connell re: Record of Conservation (1 page)
Is. 03/22/02 Email from R. O'Connell to A. Kock, J. Heller re: Record of Conservation (1 page)
'9. 04/03/02 Allegation Briefing Sheet (Allegation Number NMSS-2002-A-0002) (6 pages) 1 0. 04/04/02 Allegation Review Board Summary (Allegation Number NMSS-2002-A-0002)
(2 pages)
-11. 04/04/02 Email from P. Narbut to R. O'Connell re: Paragraph for Rill Allegation Inspection Request (1 page)
,12. 04/18/02 Memo to B. Jorgenson from W. Hodges re: Request for Inspection Assistance Allegation (Allegation Number NMSS-2002-A-0002) (RIlI-2002-A-0005)
(1 page)
'13. 04/25/02 Note to Telephone Conversation - R. O'Connell - NMSS 2002-A-0002) (1page)
"14. 05/02/02 Allegation Review Board Summary (Allegation Number NMSS-2002-A-0003)
(2 pages)
,15. 05/07/02 Note to Telephone Conversation - R. O'Connell - NMSS 2002-A-0002) (1page)
"16. 05/07/02 Note to Telephone Conversation - R. O'Connell - NMSS 2002-A-0002) (1page)
NO. DATE DESCRIPTION/(PAGE COUNT)
- 17. 05/08/02 Note to Telephone Conversation - R. O'Connell - NMSS 2002-A-0002) (1page)
,18. 05/20/02 Email from P. Narbut to R. O'Connell re: Allegation Closeout, NMSS 2002-A-0002 and 0003 (5 pages)
' 19. 06/05/02 Email from P. Narbut to R. O'Connell re: Assessment of New Input (NMSS 2002-A-0002) (3 pages)
/20. 07/08/02 Email from P. Narbut to R. O'Connell re: Allegation Response Ltr. (3 pages)
,-21. 08/07/02 Note to Telephone Conversation - R. O'Connell - NMSS 2002-A-0002) (1page)
- 22. 08/19/02 Note to Telephone Conversation - R. O'Connell - NMSS 2002-A-0002) (1page)
-23. 08/20/02 Email from P. Narbut to R. O'Connell, W. Hodges re: Further Explanation of Dry Cask Storage Allegation (3 pages)
,24. Undated NMSS Review (2 pages)
- 25. 3/5/02 Ltr to Gutherman from Brach, ASME Code Alternatives for the Hi-Storm 100 and Hhi-Star 100 Dry Storage Casks (2 pages)
'26. 3/8/02 E-Mail from O'Connell to Kock (2 pages)
,27. 3/22/02 E-Mail from Hodges to O'Connell, Record of Conversation (1 page)
- 28. 4/3/02 Allegation Briefing Sheet (4 pages)
- 29. 4/18/02 Memo to Jorgensen from Hodges, Request for Inspection Assistance Allegation - NMSS-2002-A-0002 (1 page)
-30. 5/9/02 Letter to Gutherman from Brach, ASME Code Alternatives for Hi-Star 100 Dry Storage Casks (1 page)
,131. 4/16/03 Letter to Gutherman from Camper, ASME Code Alternative for Holtec Hi-Storm 100 Dry Storage Casks (3 pages)
FOIA-2003-395 APPENDIX D RECORDS BEING WITHHELD IN PART NO. DATE DESCRIPTIONI(PAGE COUNT)/EXEMPTIONS
- 1. Undated Alleger Identification Sheet (Allegation Number NMSS-2002-A-0002) (1 page)
Exemption 7C ,
- 2. Undated Alleger Identification Sheet (Allegation Number NMSS-2002-A-0003)JV'page)
Exemption 7C
- 3. 04/18/02 Ltr. to 0. Shirani from R. O'Connell re: Allegation (Allegation Number NMSS-2002-A-0002) (RIll-2002-A-0005) (2 pages) Exemption 7C
- 4. 05/02/02 Ltr. to 0. Shirani from R. O'Connell re: Allegation (Allegation Number NMSS-2002-A-0002) (RIII-2002-A-0005) (2 pages) Exemption 7C
- 5. 05/28/02 Ltr. to 0. Shirani from R. O'Connell re: Allegation (Allegation Number NMSS-2002-A-0002) (4 pages) Exemption 7C
- 6. 07/10/02 Ltr. to 0. Shirani from R. O'Connell re: Allegation (Allegation Number NMSS-2002-A-0002) (3 pages) Exemption 7C
- 7. 08/19/02 Email from 0. Shirai to R. O'Connell re: Further Explanation of Dry Cask Storage Allegation pages) Exemption 7C
- 8. 09/23/02 Ltr. to 0. Shirani from R. O'Connell re: Allegation (Allegation Number NMSS-2002-A-0002) (RIll-2002-A-0005) (4 pages) Exemption 7C
- 9. 03/08/02 E-Mail from O'Connell to Kock with enclosures (5 pages) Exemption 7C
- 10. 06/13/02 E-Mail from Shirani to O'Connell, Clarification on my dry cask allegation (9 pages) Exemption 7C
- 11. 06/21/02 E-Mail from Narbut to O'Connell, Allegations NMSS-2002-A-0002 & 0003 with enclosures (13 pages) Exemption 7C
- 12. 08/22/02 E-Mail from Shirani to O'Connell, Further Explanation of dry cask storage allegation (1 page)