ML042330140

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FOIA/PA-2004-0267 - Resp 3 - Partial
ML042330140
Person / Time
Site: Vermont Yankee File:NorthStar Vermont Yankee icon.png
Issue date: 08/10/2004
From: Reed C
NRC/OCIO/WPDSD/FOIA
To: Alexander P
New England Coalition on Nuclear Pollution
References
FOIA/PA-2004-0267
Download: ML042330140 (6)


Text

U.S. NUCLEAR REGULATORY COMMISSIONI U

FOIAIPA IRESPONSE NUMBER 2004-0267 3 RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) / PRIVACY E ACT (PA) REQUEST RESPONSE FINAL W PARTIAL REQUESTER DATE Peter Alexander AuG L0 2004 PART I. - INFORMATION RELEASED D No additional agency records subject to the request have been located.

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

lAPPENDICES lj Agency records subject to the request that are identified Inthe listed appendices are already available for 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 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.

APNICE ] Agency records subject to the request are enclosed.

Fg 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.

See Comments.

PART LA - FEES AMOUNT You will be billed by NRC for the amount listed. g None. Minimum fee threshold not met.

$ F- You will receive a refund for the amount listed. 2 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.

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 Inthe letter that It Is a OFOIAIPA Appeal.'

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

Records C/32 thru C/38 also relate to your FOA request, 2004-0265.

SIGNATURE . FREEDOM OF IFORMATION ACT ANFRY ACT OFFICER Carol Ann Reed Lei/ ze

~ ~~~~~~1! hsfr a esge sn no

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NRC~ ~ ~ ~ ~ ~ ~ ~ _OR 48 Pat1(A98dRNTDOsEYLDPPE PRINTED ON RECYCLED PAPER This form was designed using InFomis NFIC FORM 464 Part 1 (6-1998)

NRC FORM 464 Part II US. NUCLEAR REGULATORY COMMISSION FOAPA DATE RESPONSE TO FREEDOM OF INFORMATION 2 6 I 0 20 ACT (FOIA) / PRIVACY ACT (PA) REQUEST 2004-0267 PART I.A - APPLICABLE EXEMPTIONS l APPFNnmr.; lRecords subject to the request that are described inthe enclosed Appendices are being withheld in their entirety or Inpart under the I C I Exemption No.(s) of the PA andlor the FOIA as indicated below (5U.S.C. 552a and/or 5 U.S.C. 552(b)).

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

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

j Exemption 3: The withheld Information is specifically exempted from public disclosure by statute Indicated.

F Sections 141-145 of the Atomic EnergyAct, which prohibits the disclosure of Restricted Data or Formerly Restricted Data (42 U.S.C.

IZ Section 147 of the Atomic Energy Act, which prohibits the disclosure of Unclassified Safeguards Information (42 U.S.C. 2167).

0 41 U.S.C., Section 253(b), subsection (m)(1), prohibits the disclosure of contractor proposals inthe 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 informaton isa trade secret or commercial or financial information that I being withheld for the reason(s) indicated.

D The information is considered to be confidential business (proprietary) Information.

F The Information Isconsidered to be proprietary because it concerns a licensee's or applicant physical protection or material control and accounting program for special nuclear material pursuant to 10 CFR 2.790(d)(1).

] The Information was submitted by a foreign source and received In confidence pursuant to 10 CFR 2.790(d)(2).

Fl Exemption 5: The withhold information consists of interagency or intraagency records that are not available through discovery during litigation.

Applicable privileges:

l deliberative Deliberative process: Dislosure of predecsional information would tend to Inhibit the open and frank exchange of ideas essential to the process. Where records are withheld intheir enirety the facts are Inextricably intertwined with the predeclslonal 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.

Attorney work-product privilege. (Documents prepared by an attorney incontemplation of litigation) 2 Attomey-cient privilege. (Confidential communications between an attorney and his/her client) g Exemption 6: The withheld Information Is exempted from public disclosure because its disclosure would result ina clearly unwarranted invasion of personal privacy.

l iExemption 7: The withheld Information consists of records compiled for law enforcement purposes and Isbeing withheld for the reason(s)

Indicated.

E (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).

z (C)Disclosure would constitute an unwarranted invasion of personal privacy.

F (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.

g (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.

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

D OTHER (Specify)

PART ILB - DENYING OFFICIALS Pursuant to 10 CFR 9.25(Q) 9.25(h), andlor 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 FOIAIPA Officer for any denials that may be appealed to the Executive Director for Operations (EDO).

DENYING OFFICIAL _ _ __ __ _ __ __ _ _ __ _

TITLE/OFFICE RECORDS DENIED APP ED O LATE OFFICIAL SE Y IG Mr. James E. Dyer Director, Office of Nuclear Reactor Regulation Appendix CI1.C/14 v _

Mr. Huber J. Miller Regional Administrator, RI Appendix C115-C/38 v _

4 I 4 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 ft is a *FOIAIPA Appeal.'

RECYCLED PAPER This form was designed using InForms NRC FORM NRC FORM 464 11(6-1998)

Part 11 464 Part (6-1998) PRINTED ON PRINTED ON RECYCLED PAPER This form was designed using InForms

FOIA No. 2004-0267 APPENDIX C RECORDS BEING WITHHELD IN PART NO. DATE DESCRIPTION/(PAGE COUNTWEXEMPTIONS

1. 01/08/03 E-Mail Brian Hobbs, Entergy, to Robert Pulsifer, NRC, Re: Please confirm 9:00 call (1 page) Exemption 6
2. 03104/04 E-Mail Ronda Daflucas, Entergy, to Rick Ennis, NRC, Re: UFSAR drawings (4 pages) Exemption 2
3. 03/17/04 E-Mail Ronda Daflucas, Entergy, to Rick Ennis, NRC, Re: Fw E-mailings:

VY-Pathways.pdf (2 pages) Exemption 2

4. 05104/04 E-Mail Jim Devincentis, Entergy, to Rick Ennis, NRC (and others), Re:

FW: Fuel Segment Investigation Status (2 pages) Exemption 6

5. 05/17/04 E-Mail Ronda Daflucas, Entergy, to Rick Ennis, NRC, Re: Bridge line for 1:00 pm conference call (1 page) Exemption 2
6. 05/17/04 E-Mail Jim Devincentis, Entergy, to Rick Ennis, NRC (and others), Re:

FW: Update on VY Fuel Rod Investigation (2 pages) Exemption 6

7. 05/19/04 E-Mail Jim Devincentis, Entergy, to Rick Ennis, NRC (and others), Re:

Supplemental NRC Notification (3 pages) Exemption 6

8. 05127/04 E-Mail Ronda Daflucas, Entergy, to Rick Ennis, NRC, Re: Bridge line for 6/2 conference call (1 page) Exemption 2
9. 05/27/04 E-Mail Jim Devincentis, Entergy, to Rick Ennis, NRC (and others), Re:

FW: SNM Update - for review/comment (2 pages) Exemption 6

10. 06/02/04 E-Mail Ronda Daflucas, Entergy, to Rick Ennis, NRC, Re: Vermont Yankee EPU Conference Calls Exemption 2 (/ raye)
11. 06/02/04 E-Mail Ronda Daflucas, Entergy, to Rick Ennis, NRC, Re: Bridge Lines (1 page) Exemption 2
12. 06/03/04 E-Mail Jim Devincentis, Entergy, to Rick Ennis, NRC (and others), Re:

SNM Update (1 page) Exemption 6

13. 06/09/04 E-Mail Jim Devincentis, Entergy, to Rick Ennis, NRC, Re: Comments on EPU and AST (2 pages) Exemption 6
14. 08/30/02 E-Mail Gautam Sen, Entergy, to Tit, NRC, Re: Fw NRC Response (1 page) Exemption 2
15. 0411512004 E-mail from N. Chapman of Vermont Yankee to E. Gray of USNRC, regarding Weld Rod Control at VY (2 pages)

(Exemption 6)

16. 04/16/2004 E-mail from N. Chapman of Vermont Yankee to E. Gray of USNRC, regarding Weld Rod Control at VY (1 page)

(Exemption 6)

17. 02/14/2003 E-mail from Data Security of Vermont Yankee to B.

Slenel of USNRC, regarding Semiannual Password Change Notification (2 pages) (Exemption 6)

18. 03114/2003 E-mail from J. Lodge of Vermont Yankee to B. Slenel of USNRC, regarding EMPAC account (1 page) (Exemption 6)
19. 06/1912003 E-mail from J. Boothroyd of Vermont Yankee to B.

Sienel of USNRC, regarding Cable Vault (1 page)

(Exemption 6)

20. 10/15/2003 E-mail from P. Blum of Vermont Yankee to B. Slenel of USNRC, regarding Computer Authorization Form needed

- Amanda Rancourt (1 page) (Exemption 6)

21. 02/0712003 E-mail from B. Buteau of Vermont Yankee to VY (All users), regarding Fallout from change to Entergy UCAMS User ID (1 page) (Exemption 6)
22. 03/17/2003 E-mil from K. Farabaugh of Vermont Yankee to B. Sienel of USNRC, regarding Mrule database (1 page)

(Exemption 6)

23. 11/12/2003 E-mail from R. Rueter of Vermont Yankee to VTY - All Users, regarding File moves (1 page) (Exemption 6)
24. 11/18/2003 E-mail from R. Rueter of Vermont Yankee to VTY - All Users, regarding Inaccessible Entergy Web Sites (1 page) (Exemption 6)
25. 11/20/2003 E-mail from R. Rueter of Vermont Yankee to VTY - All Users, regarding File Moves (1 page) (Exemption 6)
26. 12/19/2003 E-mail from B. Buteau to VTY - All Users, regarding Listing of all pager numbers (1 page) (Exemption 6)
27. 0211912004 E-mall from J. Bennett of Vermont Yankee to VTY - All Users, regarding Changes at Energy Information Center/Governor Hunt House (1 page) (Exemption 6)
28. 02/23/2004 E-mall from A. Solomon of Vermont Yankee to VTY - All Users, regarding VY PhoneList Enhancements (1 page)

(Exemption 6)

29. 03/03/2004 E-mall from B. Dole of Vermont Yankee to VTY - All Users, regarding Curator, Empac, 12K, eSOMS, Humperf, Rems & Trak2000 Sun Mar 7 Downtime & Mar 21 Pre-Outage Downtime (1 page) (Exemption 6)
30. 03/15/2004 E-mall from K. Farabaugh of Vermont Yankee to B.

Slenel of USNRC, regarding Mrule Interpretations (1 page) (Exemption 6)

31. 03/17/2004 E-mall from B. Dole of Vermont Yankee to VTY - All Users, regarding Curator, Empac, 12K, eSOMS, Humperf, Rems &Trak2000 Sun Mar 21 Pre-Outage Downtime (1 page) (Exemption 6)
32. 06/04/2004 E-Mail from Bennett of Vermont Yankee to VTY - All Users, regarding Interactive poll regarding VY misplaced fuel (1 page) (Exemption 6)
33. 04/16/2004 E-mail from N. Jennison of Vermont Yankee to B. Slenel of USNRC, regarding eSoiMs training (1 page)

(Exemption 6)

34. 04/23/2004 E-mall from J. Hoffman of Vermont Yankee to VTY - All Users, regarding Special Nuclear Material Investigation Team Information Request (I page) (Exemption 6)
35. 05/06/2004 E-mall from B. Rueter of Vermont Yankee to VTY - All Users, regarding Files Moved (1 page) (Exemption 6)
36. 05/06/2004 E-mall from B. Rueter of Vermont Yankee to VTY - All Users, regarding Files Moved (1 page) (Exemption 6)
37. 04/30/2004 E-mail from D. Pelton of USNRC to D. Pelton and A.

Patel of USNRC, regarding e-mail from J. Bennett of Vermont Yankee subject: Photos (6 pages) (Exemption 6)

38. 04/30/2004 E-mall from D. Pelton of USNRC to D. Pelton and A.

Patel of USNRC, regarding small from J. Bennett of Vermont Yankee subject: More photos (4 pages)

(Exemption 6)