ML091130595
| ML091130595 | |
| Person / Time | |
|---|---|
| Site: | Oyster Creek |
| Issue date: | 04/21/2009 |
| From: | Sealing D NRC/OIS/IRSD/RFSB |
| To: | Webster R Eastern Environmental Law Ctr |
| References | |
| FOIA/PA-2009-0070 | |
| Download: ML091130595 (5) | |
Text
NRC FORM 464 Part I U.S. NUCLEAR REGULATORY COMMISSION FOIAPA RESPONSE NUMBER (6-19981 E
(6198 RE q4o 2009-0070 3
A rRESPONSE TO FREEDOM OF 9_
r o
INFORMATION ACT (FOIA) I PRIVACY
RESPONSE
A ACT (PA) REQUEST TYPE REQUESTER DATE PI2 0
RICHARD WEBSTER D
O 1 2009 PART I. -- INFORMATION RELEASED D
No additional agency records subject to the request have been located.
D*
Requested records are available through another public distribution program. See Comments section.
]
[APPENDICES 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.
Q APPENDICES Agency records subject to the request that are identified in the listed appendices are being made available for F
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.
APPENDICES F
Agency records subject to the request are enclosed.
D-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.
r We are continuing to process your request.
SSee Comments.
PART L.A -- FEES AMOUNT*
D-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.
Fees waived.
See comments for details PART I.B -- INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE No agency records subject to the request have been located.
SCertain information in the requested records is being withheld from disclosure pursuant to the exemptions described in and for the reasons stated in Part I.
SThis 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 I.C COMMENTS (Use attached Comments continuation Daqe if reauired)
The incoming request is available in ADAMS at ML090230123.
S*J3IRE -AFREEDOM OF NFlATION ACT AND PRIVACY ACT OFFICER D
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PRINTED ON RECYCLED PAPER This form was designed using InForms
NRC FORM 464 Part II U.S. NUCLEAR REGULATORY COMMISSION FOIA/PA DATE (2-2008)
RESPONSE TO FREEDOM OF INFORMATION 2009-0070 ACT (FOIA) I PRIVACY ACT (PA) REQUEST I
APR 2 1 200 PART II.A -- APPLICABLE EXEMPTIONS APPENDICES Records subject to the request that are described in the enclosed Appendices are being withheld in their entirety or in part under the r
IExemption 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)).
D*
Exemption 1: The withheld information is properly classified pursuant to Executive Order 12958.
[*
Exemption 2: The withheld information relates solely to the internal personnel rules and procedures of NRC.
D-1 Low 2 Internal matters of a relatively trivial nature.
V High 2 Disclosure would risk circumvention of a legal requirement.
D Exemption 3: The withheld information is specifically exempted from public disclosure by statute indicated.
D-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).
F-1 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.
FD]
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.
D The information is considered to be proprietary because it concerns a licensee's or applicant's physical protection or material control and accounting program for special nuclear material pursuant to 10 CFR 2.390(d)(1).
ED The information was submitted by a foreign Source and received in confidence pursuant to 10 CFR 2.390(d)(2).
F]
Disclosure will harm an identifiable private or governmental interest.
Exemption 5: The withheld information consists of interagency or intraagency records that are not available through discovery during litigation.
Applicable privileges:
D 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 attorney in contemplation of litigation)
D*
Attorney-client privilege. (Confidential communications between an attorney and his/her client)
SExemption 6: The withheld information is exempted from public disclosure because its disclosure would result in a clearly unwarranted invasion of personal privacy.
- ]
Exemption 7: The withheld information consists of records compiled for law enforcement purposes and is being withheld for the reason(s) indicated.
] (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).
(C) Disclosure would constitute an unwarranted invasion of personal privacy.
D (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.
(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).
DENYING OFFICIAL TITLE/OFFICE RECORDS DENIED APPELLATE OFFICIAL EDO SECY IG SAMUEL J. COLLINS REGIONAL ADMINISTRATOR, REGION 1 APPENDIX F 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."
N RC FORM 464 Part It (2-2008)
. PRINTED ON RECYCLED PAPER
Re: FOIAJPA-2009-0070 APPENDIX F RECORDS BEING WITHHELD IN PART DESCRIPTION/(PAGE COUNT)/EXEMPTIONS NO.
DATE
- 1.
08/18/2008
- 2.
08/28/2008
- 3.
09/18/2008
- 4.
10/07/2008
- 5.
10/16/2008
- 6.
10/17/2008
- 7.
10/29/2008
- 8.
10/29/2008
- 9.
11/02/2008
- 10.
11/03/2008
- 11.
11/03/2008
- 12.
11/04/2008
- 13.
11/04/2008 E-mail from J. Richmond of USNRC to T. Tamburro and C. Taylor of Exelon Corp, regarding Oyster Creek Outage License Renewal Commitments Inspection - Conference Call (2 pages) / Exemption 2 E-mail from J. Richmond of USNRC to R. Conte of USNRC, regarding OC Fatigue Issue & State of NJ (2 pages) / Exemption 6 E-mail from M. McLaughlin of USNRC to N. Sheehan of USNRC, regarding Seeking. copy of N.J. DEP Letter (1 page) / Exemption 6 E-mail from M. McLaughlin of USNRC to H. Finlay of NJLEG, regarding Oyster Creek status (1 page) / Exemption 6 E-mail from J. Richmond of USNRC to R. Conte, R. Bellamy and D.
Roberts of USNRC, regarding Pre-Outage Comm Plan (3 pages) /
Exemption 6 E-mail from R. Conte of USNRC to J. Richmond of USNRC, regarding Pre-Outage Comm Plan (4 pages) / Exemption 6 E-mail from M. McLaughlin of USNRC to various, regarding Licensing Board Memorandum - Oyster Creek Nuclear Generating Station License Renewal (3 pages) / Exemption 6 E-mail from J. Richmond of USNRC to D. Roberts of USNRC, regarding OC Site Visit (3 pages) / Exemption 6 E-mail from R. Conte of USNRC to J. Richmond of USNRC, regarding OC Pictures (2 pages) / Exemption 2 E-mail from J. Richmond of USNRC to R. Bellamy, S. Barber and D.
Pelton of USNRC, regarding OC Pictures of Bay 11 (3 pages) / Exemption 2
E-mail from M. Gamberoni of USNRC to M. Dapas and S. Collins of USNRC, regarding OC 4pm Conference Call (2 pages) / Exemption 2 E-mail from R. Conte of USNRC to various, regarding OC and JN DEP Insight (3 pages) / Exemption 6 E-mail from R. Conte of USNRC to M. McLaughlin and M. Gamberoni of USNRC, regarding Dr. Lipoti - NJDEP (2 pages) / Exemption 6
- 14.
11/07/2008
- 15.
11/08/2008
- 16.
11/08/2008
- 17.
11/10/2008
- 18.
11/12/2008
- 19.
-11/14/2008
- 20.
11/14/2008
- 21.
11/15/2008
- 22.
11/19/2008
- 23.
12/02/2008
- 24.
12/22/2008
- 25.
12/22/2008
- 26.
12/22/2008
- 27.
12/22/2008
- 28.
01/12/2009 E-mail from R. Conte of USNRC to D. Roberts of USNRC, regarding status of inspection (3 pages) / Exemption 6 E-mail from J. Kandasamy of Exelon Corp to various, regarding NRC Exit 1 R22 License renewal inspection (2 pages) / Exemption 2 E-mail from J. Richmond of USNRC to R. Conte and M. Modes of USNRC, regarding Access to OC Documents on the Internet (3 pages) /
Exemption 2 and 6 E-mail from J. Richmond of USNRCto S. Pindale, J. Kulp and J. Heinly of USNRC, regarding OC Conf Call - Update on San Bed Repairs (3 pages)
/ Exemption 2 E-mail from G. Meyer of USNRC to T. O'Hara, J. Richmond and R. Conte of USNRC, regarding Thursday Oyster Creek Status Call (2 pages) /
Exemption 2 and 6 E-mail from J. Richmond of USNRC to various, regarding NRC conf call info (2 pages) / Exemption 2 E-mail from M. Modes of USNRC to R. Conte of USNRC, regarding NRC conf call info (3 pages) / Exemption 2 and 6 E-mail from J. Richmond of USNRC to J. Kulp, S. Pindale and J. Heinly of USNRC, regarding OC Startup PORC (3 pages) / Exemption 6 E-mail from J. Richmond of USNRC to various, regarding OC License Renewal Exit Meeting Telecom (2 pages) / Exemption 2 E-mail from J. Richmond of USNRC to R. Piney and R. Zak of NJ DEP, regarding OC License Renewal Pre-Brief for Exit Meeting Telecom (2 pages) / Exemption 2 E-mail from J. Richmond of USNRC to R. Pinney and R. Zak of NJ DEP, regarding OC License Renewal Exit Meeting Telecom (2 pages) /
Exemption 2 E-mail from J. Richmond of USNRC to R. Pinney and R. Zak of NJ DEP, regarding OC License Renewal Exit Meeting Telecom (2 pages) /
Exemption 2 E-mail from Nancy McNamara of USNRC to Patrick Mulligan of NJ DEP, regarding OC License Renewal Inspection (2 pages) / Exemption 2 E-mail from D. Janda to R. Conte and J. Richmond, regarding NJ Letter Agreement (4 pages) / Exemption 6 E-mail from J. Richmond of USNRC to D. Pelton and J. Davis of USNRC, regarding OC lab Results for Coating Blister re: Chlorine (2 pages) /
Exemption 2
- 29.
01/12/2009 E-mail from R. Conte of USNRC to D. Tifft, C. Miskey and K. Gallagher of USNRC, regarding WAH Request (2 pages) / Exemption 6
- 30.
01/20/2009 E-mail from J. Richmond of USNRC to R. Conte and R, Barkley of USNRC, regarding Final Comm Plan (3 pages) / Exemption 6