ML033580390
| ML033580390 | |
| Person / Time | |
|---|---|
| Site: | Arkansas Nuclear  |
| Issue date: | 11/21/2003 |
| From: | Reed C NRC/OCIO/WPDSD/FOIA |
| To: | Gunter P Nuclear Information & Resource Service (NIRS) |
| References | |
| FOIA/PA-2003-0358 | |
| Download: ML033580390 (6) | |
Text
NRC FORM 464 Part I U.S. NUCLEAR REGULATORY COMMISSION F0IA5PA l RESPONSE NUMBER
' ~ (6.1998) 4p, 0, ~~~~~~~~~~~~2003-03589 Al sub S RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) / PRIVACY RESPONSE [ FINAL gJ PARTIAL ACT (PA) REQUEST TYPE REQUESTER DATE Paul Gunter NON 2 12003 PART I. - INFORMATION RELEASED D No additional agency records subject to the request have been located.
fl Requested records are available through another public distribution program. See Comments section.
liP AENDICES Agency records subject to the request that are identified in the listed appendices are already available for Q2 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 K § public Inspection and copying at the NRC Public Document Room.
D 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.
A ICES Agency records subject to the request are enclosed.
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.
g See Comments.
PART l.A - FEES AMOUN
- l You will be billed by NRC for the amount listed. None. Minimum fee threshold not met.
l$ l g You will receive a refund for the amount listed. Fees waived.
See comments for details PART 1. - 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.
This determination may be appealed within 30 days by writing to the FOIAJPA 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.'
PART L.C COMMENTS (Use attached Comments continuation paqe If requIred)
SIGNATURE.- FREEDOM OF INFORMATION ACT AND PRIVACY ACT OFFICER Carol Ann Reed09 -g L _ _ _ ? l~~~~~
NRC FORM 464 Part 1 (6-1 998) PRINTED ON RECYCLED PAPER This form was designed using InForms
NRC FORM 464 Part II U.S. NUCLEAR REGULATORY COMMISSION FOINPA DATE RESPONSE TO FREEDOM OF INFORMATION NOV 2 1 200 ACT (FOIA) / PRIVACY ACT (PA) REQUEST 2003-0358 PART II.A - APPLICABLE EXEMPTIONS It APPFNnirF.q l Records subject to the request that are described In the enclosed Appendices are being withheld In their entirety or in part under the K,
R's IExemption 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)).
D Exemption 1: The withheld Information is properly classified pursuant to Executive Order 12958.
g 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.
] 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).
D 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.
z Exemption 4: The withheld information is a trade secret or commercial or financial information that is being withheld for the reason(s) indicated.
2 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).
g~j 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 Inextricably intertwined 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 predecisional process of the agency.
2 Attomey work-product privilege. (Documents prepared by an attorney Incontemplation of litigation) ai Attomey-client privilege. (Confidential communications between an attorney and his/her client)
S~j Exemption 6: The withheld Information Isexempted from public disclosure because Its disclosure would result Ina clearly unwarranted Invasion of personal privacy.
gD Exemption 7: The withheld information consists of records compiled for law enforcement purposes and is being withheld for the reason(s) indicated.
11i (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).
g (C) Disclosure would constitute an unwarranted invasion of personal privacy.
] (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.
(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.
I] OTHER (Specify)
PART IL.B - DENYING OFFICIALS Pursuant to 10 CFR 9.25(a) 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 APPELSECY FFICAL Bruce S. Mallet Regional Adnministrator, RIV Appendix RS 4 ==
.~~~~~~~~~~~~~~~~~~~ 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.'
RECYCLED PAPER This form was designed using InForms FORM 464 NRC FORM NRC 454 Part 11(6.1998)
Part 11 (6-1998) PRINTED ON PRINTED ON RECYCLED PAPER This form was designed using InForms
Re: FOIA 2003-0358 APPENDIX R RECORDS WITHHELD IN PART NO. DATE DESCRIPTION/(PAGE COUNT)/EXEMPTIONS
- 1. Undated ANO Fire Protection Finding Summary (3 pages) Exemption 5
- 2. Undated Letter to Craig G. Anderson from Merschoff with enclosures (47 pages) V Exemption 5
- 3. Undated Letter to Craig G. Anderson (1 page) Exemption 5 L
- 4. Undated Letter to Craig G. Anderson (1 page) Exemption 5
- 5. Undated Licensee Point & Our View (6 pages) Exemption 5
- 6. Undated Sensitivity Analysis (11 pages) Exemption 7A
- 7. Undated Sensitivity Analysis (10 pages) Exemption 7A I-
- 8. 9/28/01 Letter No. OCAN090103 (2 pages) Exemption 57/
- 9. 10/20/01 E-Mail from Rebecca Nease to Karla Smith regarding Backfit Panel/Memo (5 pages) Exemption 5
Exemption 5
- 12. 10/24/01 Memorandum to William D. Travers from Ellis Merschoff regarding Arkansas Nuclear One Backf it Claim (4Exemption 5
- 14. 1/16/03 E-Mail from Sanborn to ENFINO, Agenda Supporting documents for Region 4 Enf. Panel 1/23/03 (1 page) Exemption 2 v,.-
- 15. 4/30/02 SERP Worksheet for SDP-Related Findings (14 pages) Exemption 5 i5-Page 1 of 2
- 16. 11/5/02 E-Mail from Anthony Gody to Vasquez, Smith, Smith, Sanborn, Pruett, Marschall, Collins, & Chamberlain regarding ACT: Attached is ANO pre-serp for your review (12 pages)Exemptions 5, 6 is/
- 17. 11/14/02 E-Mail from Rebecca Nease to Karla Smith regarding Re: Scheduling of ANO Fire Protection Backfit Meeting (1 page) Exemption 5
- 18. 1/23/03 SERP Worksheet for SDP-Related Findings (1 page) Exemption 5
- 19. 6/18/03 E-Mail from Claude Johnson to CSM regarding Fwd: FYI: possible TIA on manual actions (3 pages) Exemption 5
- 20. 7/10/03 Arkansas Nuclear One Appendix R Regulatory Conference with comments (10 pages) Exemption 5
- 21. 7/10/03 Arkansas Nuclear One Appendix R Regulatory Conference with I. comments (20 pages) Exemption 5
Release attaching 4/11/02 e-mail from Richard to Nease (1 page)
Exemption 5
- 23. 10/25/01 E-Mail from Nease to Smith (1 page) Exemption 5
Page 2 of 2
FOIA-2003-0358 APPENDIX S RECORDS WITHHELD INTHEIR ENTIRETY NO. DATE DESCRIPTIONI(PAGE COUNTV/EXEMPTIONS
- 2. 1/29/02 E-Mail from Smith to Merschoff, NEI Response (1 page) 1/29/02 E-Mail from Nease to Smith (1 page) Exemption 5
- 3. 6/4/02 E-Mail from O'Keefe to Miller, STPNOC Schedule and Scope Related to OAL Design Bases (1 page) Exemption 5
FOIA-2003-0358 APPENDIX Q RECORDS ALREADY PUBLICLY AVAILABLE ACCESSION NO. DATE NUMBER DESCRIPTIONI(PAGE COUNT)
- 1. 5/15/02 ML032410563 Memorandum from Merschoff to Travers, Results of Arkansas Nuclear One Backfit claims (19 pages)
- 2. 7/19/02 ML021980448 Memorandum to Grimes from Birmingham (5 pages)