ML042330083
| ML042330083 | |
| Person / Time | |
|---|---|
| Site: | Vermont Yankee File:NorthStar Vermont Yankee icon.png |
| Issue date: | 08/17/2004 |
| From: | Reed C NRC/OCIO/WPDSD/FOIA |
| To: | Alexander P New England Coalition |
| References | |
| FOIA/PA-2004-0267 | |
| Download: ML042330083 (4) | |
Text
NRC FORM 464 Part I U.S. NUCLEAR REGULATORY COMMISSION FOIA/PA RESPONSE NUMBER (6-19981 RE 20044267 6
) RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) I PRIVACY ACT (PA) REQUEST RSOS RESPONSE g IA FIN ATA REQUESTER DATE Peter Alexander AUG 1 7 2004 PART I. - INFORMATION RELEASED D: No additional agency records subject to the request have been located.
LI Requested records are available through another public distribution program. See Comments section.
w [
l NDIcEs7 lAgency records subject to the request that are Identified Inthe 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 Inthe listed appendices are being made available for l (; I 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.
APPENICS 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.
[3 See Comments.
PART l.A - FEES AMOUNT I You wIll be billed by NRC for the amount listed. Ok None. Minimum fee threshold not met.
$ l F 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 Inand for the reasons stated InPart II.
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 "FOIAIPA Appeal."
PART LC COMMENTS (Use attached Comments continuation Pace If required)
Si AR*nI\-EOM FORAT ACT AND PRIVACY ACT OFFICER NROR84Pr I(-1g) RNEDO RCCEDPPE hi oiiws eige sigInom NRCFORM464Part1 (6-1998) PRINTED ON RECYCLED PAPER This form was designed using InForms
NRC FORM 464 Part II U.S. NUCLEAR REGULATORY COMMISSION FOWPA DATE 9
R IESPONSE TO FREEDOM OF INFORMATION Auo 1?7Z004 ACT (FOIA) I PRIVACY ACT (PA) REQUEST 20044267 PART II.A - APPCABLE EXEMPTIONS APPFNnrF.R lRecords subject to the request that are described In the enclosed Appendices are being withheld in their entirety or in part under the I G 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)).
II] Exemption 1: The withheld Information Is property classified pursuant to Executive Order 12958.
El Exemption 2: The withheld information relates solely to the Internal personnel rules and procedures of NRC.
] 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).
E Section 147 of the Atomic Energy Act, which prohibits the disclosure of Unclassified Safeguards Information (42 U.S.C. 2167).
41 U.S.C., Section 253(b), subsection (mX1), 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.
[ 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.
2 The Information Isconsidered to be proprietary because it concerns a licensee's or applicants physical protection or material control and accounting program for special nuclear material pursuant to 10 CFR 2.790(d)(1).
El The Information was submitted by a foreign source and received In confidence pursuant to 10 CFR 2.790(d)(2).
El Exemption 5: The withheld Informaton consists of interagency or intraagency records that are not available through discovery during lhigatlon.
Applicable privileges:
i i Deliberative process: Disclosure of predecisional information would tend to Inhibit the open and frank exchange of ideas essential to the delberative process. Where records are withheld In their entirety, the facts are inextricably intertwined with the prededsional 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.
[] Attomey work-product privilege. (Documents prepared by an attorney In contemplation of litigation)
El Attomey-cient privilege. (Confidential communications between an attorney and his/her client) gji Exemption 6: The withheld informnaton Isexempted from public disclosure because its disclosure would result In a dearly unwarranted invasion of personal privacy.
[] Exemption 7: The withheld informaUon consists of records compiled 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).
E (C) Disclosure would constitute an unwarranted Invasion of personal privacy.
El (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.
El (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.
El (F)Disclosure could reasonably be expected to endanger the life or physical safety of an individual.
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 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).
APPELLATE OFFICIAL DENYING OFFICIAL TITLE/OFFICE RECORDS DENIED EDO SECY IG Samuel J. Collins Regional Administrator, RI Appendix G -
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 'FOIAIPA Appeal."
48 Pa: 11F8O NRR C~1 1 8 1 PRI TE ON RE Y L DP P RT i o mw s d s g e sn n o m NRC FORM 464 Part 11(6-1998) PRINTED ON RECYCLED PAPER TWs form was designed using InForms
FOIA-2004-0267 APPENDIX F RECORDS BEING RELEASED IN THEIR ENTIRETY NO. DATE DESCRIPTIONI(PAGE COUNT)
- 1. 5/10/04 E-Mail from Lefrancois to Pelton, Root Cause Analysis Report for MSIV Stem Galling (25 pages)
- 2. 5/15/03 E-Mail from Pelton to Perez, Water In Torus Vent Bowls TE (2 pages)
- 3. 7/31/03 E-Mail from Pelton to JTF, Clean Step Off Pad Transition (2 pages)
- 4. 11/5/03 E-Mail from Pelton to Goodwin, 50.59 Screens (2 pages)
FOIA-2004-0267 APPENDIX G RECORDS WITHHELD IN PART NO. DATE DESCRIPTION/(PAGE COUNT)WEXEMPTIONS
- 1. 5/26/04 E-Mail from Devincentis to Pelton, FYI - Notes from my meeting (2 pages) Ex. 6
- 2. 3/24104 E-Mail from Pelton to Devincentis, Thursday (1 page) Ex. 6
- 3. 5/4/04 E-Mail from Devincentis to Dykes et al., Fuel Segment Investigation Status (2 pages) Ex. 6
- 4. 5111104 E-Mail from Devincentis to Pelton, NRC Temporary Instruction Tl-2515/056, Offsite Power System Operational Readiness (4 pages) Ex. 6
- 5. 5/19/04 E-Mail from Meyer to Dykes et al., Supplemental NRC Notification (3 pages) Ex. 6