ML060250188
| ML060250188 | |
| Person / Time | |
|---|---|
| Site: | Haddam Neck File:Connecticut Yankee Atomic Power Co icon.png |
| Issue date: | 01/18/2006 |
| From: | Nichols R NRC/OCIO/WPDSD/FOIA, NRC/OIS/IRSD/RFSB |
| To: | Michael Webb Pillsbury, Winthrop, Shaw, Pittman, LLP |
| Shared Package | |
| ML060250172 | List: |
| References | |
| FOIA/PA-2005-0203 | |
| Download: ML060250188 (5) | |
Text
NRC FORM 464 Part I U.S. NUCLEAR REGULATORY COMMISSION FOIAIPA RESPONSE NUMBER (6-1998) 4 2005-0203 2
RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) I PRIVACY RESPONSE P9 FINAL F]PARTIAL ACT (PA) REQUEST TYPE REQUESTER DATE JAN 1 8 2006 Maria D. Webb PART I. -- INFORMATION RELEASED D
No additional agency records subject to the request hEave been located.
D Requested records are available through another public distribution program. See Comments section.
PPENDICES 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.
oAPPENDICES Agency records subject to the request that are identified in the listed appendices are being made available for l
&E public inspection and copying at the NRC Public Document Room.
l 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.
AEI E
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.
D We are continuing to process your request.
D See Comments.
PART l.A -- FEES AMOUNT'
- I You will be billed by NRC for the amount listed.
None. Minimum fee threshold not met.
364.62 You will receive a refund for the amount listed.
Fees waived.
See comments for details PART I.B -- INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE D2 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 in the letter that it is a "FOIA/PA Appeal."
PART l.C COMMENTS (Use attached Comments continuation paqe If required)
The actual fees for processing the request are as follows:
$242.45 - search 169.72 - review 26.60 - duplication
$438.77 TOTAL Since you provided advance payment in the amount of $803.39, you will received a refund from the NRC in the amount noted above.
SIGNATURE -FREEDOM OF I FORMATION ACT AND PRIVACY ACT OFFICER Russell A. Nichols U4 kvd f\\ 1X,4 NRC FORM 464 Part 1 (6-1998)
PRINTED ON RICYCLED PAPER This form was designed using InForms NRC FORM 464 Part 1 (6-1998)
PRINTED ON RE CYCLED PAPER This form was designed using InForms
NRC FORM 464 Part II U.S. NUCLEAR REGULATORY COMMISSION FOIAIPA DATE (6-1998)RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) / PRIVACY ACT (PA) REQUEST 2005-0203 1
R 2nti PART II.A -- APPLICABLE EXEMPTIONS l APPFNn.F.
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
- 1)
Eh 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)).
D2 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.
Sections 141-145 of the Atomic EnergyAct, 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 253b, 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.
Eat Exemption 4: The withheld information is a trade secret or coinmercial or financial information that is being withheld for the reason(s) indicated.
D The information is considered to be confidential business; (proprietary) information.
C The information is considered to be proprietary because it concerns a licensee's or applicants physical protection or material control and accounting program forspecial nuclearmaterial pursuant to 10 CFR2.790(d)(1).
D The information was submitted by a foreign source and received in confidence pursuant to 10 CFR 2.790(d)(2).
F]
Exemption 5: The withheld information consists of interagenci or intraagency records that are not available through discovery during liUgation.
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 predecisional information.
There also are no reasonably segregable factual portion; 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 ty an attorney in contemplation of litigation)
D Attomey-client privilege. (Confidential communications between an attorney and his/her client)
F]
Exemption 6: The withheld information is exempted from public disclosure because its disclosure would result in a clearly unwarranted invasion of personal privacy.
F]
Exemption 7: The withheld Information consists of records compiled for law enforcement purposes and is being withheld for the reason(s) indicated.
F] (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).
j (C) Disclosure would constitute an unwarranted invasion cf personal privacy.
j (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.
D (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 laiv.
D (F) Disclosure could reasonably be expected to endanger the life or physical safety of an individual.
D OTHER (Specify)
PART II.B - DENYING OFFICIALS tPursuant to 10 CFa 9.25(1) 9.25(h), and/or 9.65(b) of the U.S. Nuclear Regulatory Commission regulations, it has been determined that the information ld 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 FOWPA Officer for any denials that may be appealed to the Executive Director for Operations (EDO).
DENYING OFFICIAL TITLE/OFFICE RECORDS DENIED APPE LATE OFFICIAL Jack Strosnider Director, Office of Nuclear Materials Safety and Appendix E & F 4
Safe!.uards 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 FORM 464 Part II (6-1998)
PRINTED ON RECYCLED PAPER This form was designed using InForms NRC FORM 464 Part 11 (6-1998)
PRINTED ON RECYCLED PAPER This form was designed using InForms
RE: FOIA 2005-0203 NO.
1.
2.
3.
4.
DATE 02'/03/2005 03/30/2005 04/05/2005 0,4/05/2005 RECORDS BEING ACCESSION NUMBER ML050460210 ML051030096 ML051030296 ML051020346 APPENDIX D RELEASED IN THEIR ENTIRETY DESCRIPTION/(PAGE COUNT)IEXEMPTION Updated Final Safety Analysis Report / (15 ) /
CYAPCO HNP Emergency Plan/ ( 69 ) /
ISFSI Emergency Operating Procedures. / (41) /
Letter from Joseph Bourassa to the USNRC regarding Haddam Neck Plant Emergency Plan, Revision 7. 2 pages
Re: FOIA-2005-0203 APPENDIX E RECORD BEING WITHHELD IN PART NO.
DATE DESCRIPTIONI(PAGE COUNT)1EXEMPTIONS
- 1.
04/01/05 Letter from Shelby Leonard to Samuel Collins regarding Authorization to Ship/Relinquishment of Ownership. 2 pages EX. 4
Re: FOIA-2005-0203 APPENDIX F RECORD BEING WITHHELD IN ENTIRETY NO.
DATE DESCRIPTIONI(PAGE COUNT)IEXEMPTIONS
- 1.
03/14/05 Letter from W. A. Norton to USNRC RE 30 Day and 90 Day Response to Bulletin 2005-01, "Material Control and Accounting at Reactors and Wet Spent Fuel Storage Facilities." 6 pages EX. 4