ML041050104

FOIA/PA-2004-0140 - Resp 2 - Partial

ML041050104
Person / Time
Site:	Davis Besse  (NPF-003)
Issue date:	04/12/2004
From:	Reed C NRC/OCIO/WPDSD/FOIA
To:	Henry T The Blade
References
FOIA/PA-2004-0140
Download: ML041050104 (5)

Text

NRC FORM 464 Part I U.S. NUCLEAR REGULATORY COMMISSION FOIANPA RESPONSE NUMBER (6-'99B)

+4o2004-0140 2

RESPONSE TO FREEDOM OF I

INFORMATION ACT (FOIA) / PRIVACY RESPONSE D FINAL g

PARTIAL

• ACT (PA) REQUEST TYPE REQUESTER DATE Thomas Henry APR 1 2 2004 PART I. - INFORMATION RELEASED D1 No additional agency records subject to the request have been located.

Requested records are available through another public distribution program. See Comments section.

w APPENDICESl Agency records subject to the request that are Identified In the listed appendices are already available for

[ public Inspection and copying at the NRC Public Document Room.

PPNDICES

[

Agency records subject to the request that are Identified In the listed appendices are being made available for

[

public inspection and copying at the NRC Public Document Room.

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.

APPIES Agency records subject to the request are enclosed.

LI 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.

F]

See Comments.

PART l.A - FEES AMOUNT' l

You will be billed by NRC for the amount listed.

None. Minimum fee threshold not met.

lI 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.

air 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 'FOIAIPA Appeal.'

PART L.C COMMENTS (Use attached Comments continuation page If required)

SIGNATURE. FREEDOM OF INFORMATION A 4N IACY ICT orFICEP Carol Ann Reed

. 1 NRICFORM 464 Part 1 (6-1998)

PRINTED ON RECYCLED PAPER This form was designed using inForms

NRC FORM 464 Part 11 U.S. NUCLEAR REGULATORY COMMISSION FOINPA DATE (6-19gB)I RESPONSE TO FREEDOM OF INFORMATION APR 2

ACT (FOIA) / PRIVACY ACT (PA) REQUEST 2004-0140 1 2004 PART IL.A -APPLICABLE EXEMPTIN APPFNnirFs Records 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 and/or 5 U.S.C. 552(b)).

D Exemption 1: The withheld Information Is properly classified pursuant to Executive Order 12958.

II Exemption 2: The withheld Information relates solely to the Internal personnel rules and procedures of NRC.

r Exemption 3: The withheld Information Is specifically exempted from public disclosure by statute indicated.

Sections 141-145 of the Atomic EnergyAct, which prohibits the disclosure of Restricted Data or Formerly 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).

El 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.

L]

Exemption 4: The withheld information is a trade secret or commercial or financial information that is being withheld for the reason(s) Indicated.

M The Information Is considered to be confidential business (proprietary) Information.

l 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).

i17i Exemption 5: The withheld information consists of interagency or intraagency records that are not available through discovery during ligation.

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 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.

D Attorney 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)

E Exemption 6: The withheld information Is exempted from public disclosure because Its disclosure would result In a clearly unwarranted Invasion of personal privacy.

D Exemption 7: The withheld information consists of records compled for law enforcement purposes and Is being withheld for the reason(s)

Indicated.

El (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).

D (C)

Disclosure would constitute an unwarranted invasion of personal privacy.

E (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 (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.

aI (F) Disclosure could reasonably be expected to endanger the life or physical safety of an individual.

D OTHER (Specify)

PART IL.B - DENYING OFFICIALS Pursuant to 10 CFR 9.25(q) 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 FQIAfPA Officer for any denials that may be appealed to the Executive Director for Operations (EDO).

DENYING OFFICIAL TITLE/OFFICE RECORDS DENIED APPELLATE OfCIAL James L. Caldwell Regional Administrator, RIII Appendix D v4 I

I

_ 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.'

NRC ORM404Par 116.198)PRINED N RCYCED APE Ths fom ws dsiged sin Inorm NRC FORM 464 Part 11 (6-1 998)

PRINTED ON RECYCLED PAPER This form was designed using InForms

FOIA-2004-01 40 APPENDIX C RECORDS RELEASED IN THEIR ENTIRETY NO DATE DESCRIPTION/(PAGE COUNT)

1.

2/23/04 E-Mail from Ruland to Baker et al., FEMA Letter and SG Tube Amendment (1 page)

2.

2/24/04 E-Mail from Ruland to Caldwell et al., Your Question About Reactivity Manipulations from Yesterday's Briefing (1 page)

3.

2/24/04 E-Mail from Dyer to Caldwell, DB SG License Amendment (2 pages)

4.

2/24/04 E-Mail from Dixon-Herrity to Clayton, Draft EN for Davis Besse Order (3 pages)

5.

Undated Memo to Grobe from Mendiola, Davis Besse Nuclear Power Station, Inspection Manual Chapter 0350 Oversight Panel Communication Plan (3 pages) i/

Re: FOIA-2004-0140 APPENDIX D RECORDS BEING WITHHELD IN THEIR ENTIRETY NO.

DATE DESCRIPTION/(PAGE COUNI/EXEMPTIONS

1.

Undated

2.

Undated

3.

Undated

4.

Undated

5.

Undated

6.

Undated

7.

2/18/04

8.

2/18/04

9.

2/19/04

10.

2/19/04

11.

02/19/04 Memo, G. Wright to J. Grobe, undated,

Subject:

Restart Checklist Item 4b Closure Recommendation (2 pages)

Exemption 5 Memo, J. Grobe to J. Caldwell, undated,

Subject:

Recommendation for NRC to Approve Restart of the Davis-Besse Nuclear Power Station and Recommendation to Issue Confirmatory Order (6 pages) Exemption 5 q&a-dbprocess.wpd, undated (1 page) Exemption 5 Draft Letter from J. Grobe to L. Myers;

Subject:

Davis-Besse Nuclear Power Station - Inspection Schedule Update (7 pages)

(Exemption 5)

Restart Checklist Item 5B: Systems Readiness for Restart (3 pages) (Exemption 5)

Open Briefings; Communication Plan Tracking (2 pages)

(Exemption 5)

Draft Letter, J. Grobe to L. Myers, dated February 18, 2004,

Subject:

Davis-Besse Nuclear Power Station - Inspection Schedule Update (10 pages) Exemption 5 Memo, S. Thomas to J. Grobe, dated February 18, 2004,

Subject:

Restart Checklist Item Closure Recommendation (1 page) Exemption 5 Memo, J. Grobe to J. Caldwell; J. Dyer, dated February 19, 2004,

Subject:

Recommendation for NRC Authorization for Restart of the Davis-Besse Nuclear Plant and Recommendation to Issue Confirmatory Order (6 pages) Exemption 5 Draft Letter, J. Caldwell to L. Myers, dated February 19, 2004 (draft date),

Subject:

Authorization of Restart for the Davis-Besse Nuclear Power Station, Closure of Confirmatory Action Letter, and Issuance of Confirmatory Order (14 pages) Exemption 5 Open Letters & E-Mails (02-19-04 Communication Plan Open Items) (5 pages) (Exemption 5)

12.

02/20/04

13.

02/20/04

14.

2/23/04

15.

2/23/04 Draft Letter to L. Myers from J. Grobe;

Subject:

Davis-Besse Nuclear Power Station - Inspection Schedule Update (9 pages)

(Exemption 5)

Memorandum from J. Grobe to J. Caldwell and J. Dyer;

Subject:

Recommendation for NRC Authorization for Restart of the Davis-Besse Nuclear Plant and Recommendation to Issue Confirmatory Order (6 pages) (Exemption 5)

Handwritten notes, dated February 23, 2004,

Subject:

2/23/04 NRC Management Brief (4 pages) Exemption 5 Safety Culture Issues at the Davis-Besse Nuclear Power Station, dated February 23, 2004 (handwritten) (4 pages) Exemption 5