ML090771217

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FOIA/PA-2009-0008A - Resp 1 - Final
ML090771217
Person / Time
Site: Palisades, Indian Point, Pilgrim, Vermont Yankee, FitzPatrick  
Issue date: 03/13/2009
From: Ash D
NRC/EDO
To: Fountain T
State of NY, Office of the Attorney General
References
FOIA/PA-2009-0008A, FOIA/PA-2009-0026
Download: ML090771217 (4)


Text

UNITED STATES 3NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 March 13, 2009 Ms. Teresa Fountain IN RESPONSE REFER Office of the Attorney General TO FOIA-2009-008A State of New'York (FOIA-2009-0026)

The Capitol Albany, NY 12224

Dear Ms. Fountain:

On behalf of the U.S. Nuclear Regulatory Commission (NRC), I am responding to your letter dated January 27, 2009, wherein you appealed NRC's responses to your November 3, 2008, Freedom of Information Act (FOIA) request. You requested copies of any communication that took place between July 1, 2008, and October 31, 2008, involving the NRC, its staff, or contractors and Entergy, its subsidiaries, or TLG Services, Inc., regarding decommissioning of the Indian Point, Fitzpatrick, Vermont Yankee, Pilgrim, and/or Palisades facilities. In your appeal, you questioned the adequacy of the search for records subject to the request.

We conducted a second extensive search and located seven additional responsive documents, listed on the attached Appendices A and B. The records identified on Appendix A are already publicly available for public inspection and copying via the NRC electronic reading room (the Agencywide Documents Access and Management System (ADAMS)). The records identified on Appendix B are being released. Copies of the records identified on Appendix B are enclosed. Therefore, your appeal is granted.

With regard to the documents listed under category 1 in your letter, the NRC staff could not locate a letter dated October 27, 2008, from J.E. Pollock, Entergy Site Vice President, Indian Point Energy Center, to the NRC regarding the program for maintenance of irradiated fuel and preliminary decommissioning cost analysis. However, the staff did locate a letter with the same subject from J.E. Pollock dated October 23, 2008. We had identified the letter in Appendix A to the December 19, 2008, response to your request, and it is already publicly available in ADAMS.

Concerning the documents listed under category 2 in your letter, we could not locate TLG Services Document El 1-1529-0002, "Decommissioning Cost Analysis for the Pilgrim Nuclear Power Station" (issued February 2008), or TLG Services Document E-1 1-1582-0002, "Decommissioning Cost Analysis for the James A. Fitzpatrick Nuclear Power Station" (issued February 2008). Appendix A to our December 19, 2008, response to you identified TLG Services Document El 1-5690-003, "Decommissioning Cost Analysis for the Pilgrim Nuclear Power Station" (issued July 2008), and this document is already publicly available in ADAMS at Accession No. ML082170672. TLG Services Document E-11-1559-0002, Revision 0, "Decommissioning Cost Analysis for the Vermont Yankee Nuclear Power Plant" (issued February 2008), did not fall in your specified timeframe in your initial request, and therefore the record was not indentified. This record is now listed as item 4 on Appendix A, and is publicly available in ADAMS.

This is a final agency decision with regard to these documents. As set forth in 5 U.S.C.

552(a)(4)(B), judicial review of this decision is available in a District Court of the United States in the district in which you reside, in which you have a principal place of business, or in the District of Columbia.

Sincerely, Darren B. Ash Deputy Executive Director for Corporate Management Office of the Executive Director for Operations

Enclosures:

As stated

Re: FOIA/PA 2009-008A APPENDIX A RECORDS ALREADY PUBLICLY AVAILABLE NO.

DATE

1.

07/21/2008

2.

10/08/2008

3.

07/28/2008

4.

02/06/2008 ACCESSION NUMBER ML090140286 ML082681140 ML082180215 ML080430658 Invoice No: RL0785-08 -Review of Part 50 Application for Reactor License, Amendments, Exemptions, Reliefs, Performance Reviews, Assessments and Other Approvals. (26 pages)

Letter to Entergy Nuclear Operations, Inc.,

from Mahesh Chawla, Project Manager, Plant Licensing Branch I1-1, Division of Operating Reactor Licensing, Office of Nuclear Reactor Regulation.

Subject:

Palisades Nuclear Plant, Summary of the September 16, 2008, Pre-Application Meeting with Entergy Nuclear Operations, Inc., Regarding Spent Fuel Criticality Amendment (TAC NO. MD9561). (4 pages)

Letter from Entergy -Commitment Update Relating to Application for Order Approving Indirect Transfer of Control of Licenses. (6 pages)

TLG Services Document E-1 1-1559-002, Decommissioning Cost Analysis for the Vermont Yankee Nuclear Power Station.

(258 pages)

DESCRIPTION/(PAGE COUNT)

Re: FOIA/PA-2009-008A APPENDIX B RECORDS BEING RELEASED IN THEIR ENTIRETY NO.

DATE ACCESSION NUMBER DESCRIPTION/(PAGE COUNT)

1.

08/19/2008 ML082320982

2.

08/20/2008 ML082350350 Letter from Entergy - Ventilated Storage Cask Inspection Summary Report. (6 pages)

Memoranda Request for Additional Information (RAI) - Memo to Christine Lipa, re: Request for Additional. Information; Region Ill TAR Requesting Assessment of Palisades Weld Flaw Analysis for Loaded Spend Fuel Cask MSB No. 4 (TAC Al 0126). (3 pages)