ML053320426

From kanterella
Jump to navigation Jump to search
FOIA/PA-2004-0369 - Resp 7 - Partial
ML053320426
Person / Time
Site: Vermont Yankee Entergy icon.png
Issue date: 11/17/2005
From: Nichols R
NRC/OIS/IRSD/RFSB
To: Alexander P
New England Coalition
References
FOIA/PA-2004-0369
Download: ML053320426 (6)
v • d • e


Text

NRC FORM 464 Part I U.S. NUCLEAR REGULATORY COMMISSION FOIA/PA RESPONSE NUMBER (6,-1998) R 0 2004-0369 7 C0 RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) IfPRIVACY RESPONSE [: FIN AL gJPARTIAL ACT (PA) REQUEST TYPE REQUESTER DATE Peter AlexanderNOV 1 2 Z5 PART I. - INFORMATION RELEASED F_ No additional agency records subject to the request have been located.

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

w [APNDICES7 l l 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.

APPENDICES Agency records subject to the request that are Identified In the listed appendices are being made available for M, N 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, 11555 Rockville Pike, Rockville, MD 20852-2738.

L lAgency records subject to the request are enclosed.

F] 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.

ij We are continuing to process your request.

D2 See Comments.

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

$ D You will receive a refund for the amount listed. F Fees waived.

See comments for details PART - INFORMATION NOT LOCATED =.BOR WITHHELD FROM DISCLOSURE Fg 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 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 "FOIA/PA Appeal."

PART L. COMMENTS (Use attached Comments continuation Paqe If reuired)

The incoming FOIA/PA-2004-0369 request is located in ADAMS at ML042710288.

SIGNATURE -FREEDOM OF INFORMATION ACT AWPRIVACIeT OFFICER Russell /thol RECYCLED PAPER ON RECYCLED PRINTED ON This tomi was designed using InForms FORM 464 NRC FORM NRC (6-1998)

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

NRC FORM 464 Part 11 U.S. NUCLEAR REGULATORY COMMISSION FOIAIPA DATE RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) / PRIVACY ACT (PA) REQUEST 2004-0369 XEMPION PARTII.A- APLICBLE Appmnir.FsPART II.A -APPLICABLE EXEMPTIONS l APPFNCFS l Records subject to the request that are described In the enclosed Appendices are being withheld In their entirety or In part under the I

  • 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)).

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

D Exemption 2: The withheld Information 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.

l 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).

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

El 41agency U.S.C., Section 253b, subsection (m)(1). prohibits the disclosure of contractor proposals In the possession and control of an executive 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.

El The information Is considered to be proprietary because Itconcerns 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).

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

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

Applicable privileges:

EZ 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.

D Attorney work-product privilege. (Documents prepared by an attomey In contemplation of litigation)

D Attorney-client privilege. (Confidential communications between an attomey and his/her client)

Luj Exemption 6: The withheld Information Is exempted from public disclosure because its disclosure would result In a clearly unwarranted invasion of personal privacy.

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

Indicated.

C (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).

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

E (D)The Information consistssources.of names of individuals and other Information the disclosure of which could reasonably be expected to reveal identities of confidential l (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.

0 OTHER (Specify)

PART Il.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 FOIAlPA Officer for any denials that may be appealed to the Executive Director for Operations (EDO).

DENYING OFFICIAL TITLE/OFFICE RECORDS DENIED APPED LATEOFFICIAL Eliot B. Benner Director, Office of Public Affairs 0/1, N/3 Samuel J. Collins Regional Administrator, RI 012, N/112 William N. Outlaw Director, Office of Communications N= -

Janet R.Schlueter Director, Office of State and Tribal Programs N/2 .

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."

PRINTED ON RECYCLED PAPER This form was designed using InForms FORM 464 NRC FORM 11(6.1998)

Part 11 464 Part (6-1 998) PRINTED ON RECYCLED PAPER This form was designed using InForms NRC

NRC FORM 464 Part I U.S. NUCLEAR REGULATORY COMMISSION FOIAIPA RESPONSE NUMBER

(-1998) 2004-0369 7 RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) / PRIVACY ACT (PA) REQUEST (Continued) DATE N 1' 05 PART I.C COMMENTS (Continued)

Denying Official Title/Office Records Denied Appellate Official Roy P. Zimmerman Director, Office of Nuclear Security N/4 EDO and Incident Response James E. Dyer Director, Office of Nuclear Reactor N/5-11, N/13 EDO Regulation

FOIA-2004-0369 APPENDIX M RECORDS BEING RELEASED IN THEIR ENTIRETY NO. DATE DESCRIPTION/(PAGE COUNT)

1. 1/5/04 E-Mail from Hayden to Wetzel, Update on Review & Feedback from TA s on Release of SGI (2 pages)
2. 1/6/04 E-Mail from Hayden to Burnell, Feedback from TA s on Release of SGI (1 page)
3. 4/2/04 E-Mail from Howe to Burnell, Response to PSB??? (1 page)
4. 4/13/04 E-Mail from Howe to Burnell, VY PSB Response (1 page)
5. 4/26/04 E-Mail from Marsh to Elliot, Vermont Yankee Revised Talking Points on Reactor Vessel Clad Cracking (2 pages)
6. 6/1/04 E-Mail from Sheehan to Skay, VY Comm Team meeting minutes (2 pages)
7. 7/28/04 E-Mail from Sheehan to Doerflein, Press Release and Petition for enforcement action against Vermont Yankee (10 pages)
8. 7/29/04 E-Mail from Doerflein to Burnell, VY inspectors? (4 pages)
9. 8/17/04 E-Mail from Kin to Prible, Ranking of Plans for Openness Survey (1 page)
10. 9/1/04 E-Mail from Florek to Amer, Request for Hearing Regarding Vermont Yankee (9 pages) attaching 8/30/04 In the Matter of Entergy Nuclear Vermont Yankee, New England Coalition's Request for Hearing, Demonstration of Standing, Discussion of Scope of Proceeding and Contentions (35 pages) (ML043010161 PUBLIC)
11. 7/14/04 Region I Daily Staff Notes (1 page)

FOIA-2004-0369 APPENDIX N RECORDS WITHHELD IN PART NO. DATE DESCRIPTIONI(PAGE COUNTWIEXEMPTIONS

1. 4/16/04 E-Mail from Sienel to Anderson, Correction re: fy dryer (1 page) Ex. 5
2. 4/20/04 E-Mail from Virgilio to Anderson, draft meeting minutes for your review (3 pages) Ex. 5 3..:.. 5/15/04 E-Mail from Carollo to Burnell, Vermont Yankee information (2 pages) Ex.

6

4. 5/19/04 E-Mail from Howe to Burnell, Event Notice: Vermont Yankee 05/19/2004 (6 pages) Ex. 5
5. 5/25/04 E-Mail from Skay to Howe, Issuance of Letter to Vermont Yankee (4 pages) (1 page released) Ex. 5
6. 6/15/04 E-Mail from Howe to Brenner, Vermont PSB meeting (7 pages) (1 page released) Ex. 5
7. 6/24/04 E-Mail from Ennis to Howe, Proposed Rollout Plan for FR Notice (4 pages) (3 pages released) Ex. 5
8. 6/25/04 E-Mail from Skay to Howe, Issuance of letter to Markey re: misplaced fuel pins (8 pages) (1 page released) Ex. 5 9.. 9/7/04 E-Mail from Skay to Howe, Agenda's for Today's Comm Team Meeting (3 pages) (1 page released)
10. 7/28/04 E-Mail from Skay to Howe, Vermont Yankee Communication Team meeting summary (3 pages) (1 page released) Ex. 5
11. 8/17/04 E-Mail from Skay to Howe, Agenda for VY Comm Team meeting (2 pages) (1 page released) Ex. 5

)< 8/31/04 E-Mail from Skay to Howe, VY Comm team status (3 pages) (1 page released) Ex. 5

FOIA-2004-0369 APPENDIX 0 RECORDS WITHHELD IN THEIR ENTIRETY NO. DATE DESCRIPTIONIIPAGE COUNT)IEXEMPTIONS

1. 4/5/04 E-Mail from Burnell to McMurtray, reply to Brattleboro Reformer (1 page)

Ex. 5

2. 4/22/04 E-Mail from Sheehan to Screnci, press release VY (2 pages) Ex. 5
Retrieved from "https://kanterella.com/w/index.php?title=ML053320426&oldid=2256241"