Text

FOIA/PA-2009-0070 - Resp 4 - Partial
	ML091460628
Person / Time
Site:	Oyster Creek
Issue date:	05/06/2009
From:	Sealing D; NRC/OIS/IRSD/RFSB
To:	Webster R; Eastern Environmental Law Ctr
References
	FOIA/PA-2009-0070
	Download: ML091460628 (12)
	v • d • e

NRC FORM 464 Part I U.S. NUCLEAR REGULATORY COMMISSION FOIA/PA RESPONSE NUMBER (6-1998)

÷,*

0 2009-0070 4

0 o RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) / PRIVACY

RESPONSE

__FINAL PARTIA

[:]

INAL PA*RTIAL ACT (PA) REQUEST TYPE REQUESTER DATE RICHARD WEBSTER MAY -62009 PART I. - INFORMATION RELEASED D]

No additional agency records subject to the request have been located.

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

H 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.

SAPPENDICES Agency records subject to the request that are identified in the listed appendices are being made available for C

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.

Lu APPENDICES G

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.

SWe are continuing to process your request.

See Comments.

PART L.A -- 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.

Fees waived.

See comments for details PART 3B -- 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 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."

I PART L.C COMMENTS (Use attached Comments continuation paqe if required)

The incoming request is in ADAMS at ML090230123.

Sl N DO TN ACT AND PRIVACY ACT OFFICER NR FCIn NRC FORM 464 Part 1 (6-1998)

PRINTED ON RECYCLED PAPER This form was designed ýusing InForms I

NRC FORM 464 Part II U.S. NUCLEAR REGULATORY COMMISSION FOIAIPA DATE 2-2008)

RESPONSE TO FREEDOM OF INFORMATION 2009-0070 ACT (FOIA) I PRIVACY ACT (PA) REQUEST IAY

-6 200 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 HT 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)).

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 Low 2 Internal matters of a relatively trivial nature.

ED High 2 Disclosure would risk circumvention of a legal requirement.

ED 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).

SSection 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.

[I 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).

D*

The information was submitted by a foreign source and received in confidence pursuant to 10 CFR 2.390(d)(2).

D 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:

]

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.

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) fl Exemption 6: The withheld information is exempted from public disclosure because its disclosure would result in a clearly unwarranted invasion of personal privacy.

V7 Exemption 7: The withheld information consists of records compiled for law enforcement purposes and is being withheld for the reason(s) indicated.

7] (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.

LI (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.

LI (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.

D 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 EDO OSECY IG SAMUEL J. COLLINS REGIONAL ADMINISTRATOR, REGION 1 APPENDIX H 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 (2-2008)

PRINTED ON RECYCLED PAPER NRC FORM 464 Part 11 (2-2008)

PRINTED ON RECYCLED PAPER

Re: FOIA/PA-2009-0070 APPENDIX G RECORDS BEING RELEASED IN THEIR ENTIRETY NO.

DATE DESCRIPTION/(PAGE COUNT)

1.

Undated

2.

Undated

3.

08/11/2008

4.

08/12/2008

5.

09/05/2008

6.

09/30/2008

7.

10/01/2008

8.

10/16/2008 Undated Undated Undated

9.

10/22/2008 Inspection Cover Sheet, Report No. 50-219/2008-007, Facility Oyster Creek (10 pages)

Inspection Cover Sheet, Report No. 50-219/2008-007, Facility: Oyster Creek, with handwritten notes (10 pages)

E-mail from J. Richmond of USNRC to T. O'Hara of USNRC, regarding Oyster Creek Drywell Inspection (4 pages)

E-mail from T. O'Hara of USNRC to J. Richmond of USNRC, regarding Oyster Creek Drywell Inspection (5 pages)

E-mail from J. Richmond of USNRC to T. O'Hara of USNRC, regarding OC Drywell Questions (3 pages)

E-mail from M. Modes of USNRC to J. Richmond of USNRC, regarding OC Training (2 pages)

E-mail from J. Richmond of USNRC to M. Modes of USNRC, regarding OC Priority Inspection Items rev 4 (6 pages)

E-mail from G. Meyer of USNRC to D. Roberts, R. Conte and J. Richmond of USNRC, regarding Status of Comm Plans for Oyster Creek LR outage inspection (2 pages)

Communications Plan, Preliminary Results of Oyster Creek Drywell Evaluation (4 pages)

Draft Itr from R. Conte of USNRC to C. Pardee of Exelon Generation Company, regarding Oyster Creek Generating Station - Preliminary Evaluation Results of the Primary Containment (3 pages)

Memorandum from J. Richmond of USNRC to R. Conte of USNRC, regarding Summary of Drywell Inspection Scope and Preliminary Evaluation Results (1 page)

E-mail from J. Richmond of USNRC to M. Modes of USNRC, regarding OC LRI Insp Plan rev 2 (2 pages)

Oyster Creek License Renewal Outage Commitments Inspection Plan (9 pages)

Undated

10.

10/23/2008 Undated Undated

11.

10/28/2008

12.

10/30/2008

13.

11/12/2008

14.

11/14/2008 Undated

15.

11/14/2008 Undated

16.

11/15/2008

17.

11/17/2008

18.

11/17/2008 Undated Re: FOIA/PA-2009-0070 E-mail from J. Richmond of USNRC to various, regarding OC Lic Renewal Insp Plan (2 pages)

Inspection Cover Sheet (1 page)

Oyster Creek License Renewal Outage Commitments Inspection Plan (9 pages)

E-mail from J. Richmond of USNRC to various, regarding OC LRI Daily Update Oct 28 (2 pages)

E-mail from D. Roberts of USNRC to J. Richmond of USNRC, regarding OC LRI Daily Update Oct 30 (3 pages)

E-mail from J. Richmond of USNRC to J. Heinly of USNRC, regarding OC LR Write Up (2 pages)

E-mail from J. Richmond of USNRC to M. Baty and D. Pelton of USNRC, regarding OC PNO-Nov 2008 Drywell rev 1 (2 pages)

Preliminary Notification, Results of Implementation of Oyster Creek License Renewal Commitments related to the Primary Containment (Drywell) (3 pages)

E-mail from J. Richmond of USNRC to various, regarding OC PNO - Nov 2008 Drywell rev 3 (2 pages)

Preliminary Notification, Results of Implementation of Oyster Creek License Renewal Commitments related to the Drywell Primary Containment (2 pages)

E-mail from M. Dapas of USNRC to S. Collins of USNRC, regarding Oyster Creek drywell shell - status update (3 pages)

E-mail from J. Heinly of USNRC to J. Richmond of USNRC, regarding Feeder Status (4 pages)

E-mail from N. Sheehan of USNRC to J. Richmond of USNRC, regarding OC PNO-Nov-2008 Drywell Rev 3 (2 pages)

Preliminary Notification, Results of Implementation of Oyster Creek Licenses Renewal Commitments Related to the Drywell Primary Containment (2 pages)

19.

11/17/2008 11/17/2008 Undated

20.

11/17/2008 11/17/2008 Undated

21.

11/19/2008

22.

11/19/2008

23.

11/21/2008

24.

11/21/2008

25.

11/23/2008

26.

11/25/2008

27.

12/19/2008

28.

12/21/2008 Undated Re: FOIAIPA-2009-0070 E-mail from D. Tifft of USNRC to various, regarding Implementation of Comm Plan for Oyster Creek PNO (2 pages)

PNO-I-08-012: Results of Implementation of Oyster Creek License Renewal Commitments Related to the Drywell Primary Containment (3 pages) Publicly Available in ADAMS,ML-0832-202_4.0-Communications Plan and Notification Sequence Preliminary Results of Licensee Renewal Commitment Inspection for Oyster Creek Drywell Containment Shell (6 pages)

E-mail from J. Richmond of USNRC to various, regarding Oyster Creek PNO and Comm Plan (2 pages)

PNO-I-08-012: Results of Implementation of Oyster Creek License Renewal Commitments Related to the Drywell Primary Containment (3 pages) Publicly Available in ADAMS1ML08-32202_4Q.G Communications Plan and Notification Sequence Preliminary Results of Licensee Renewal Commitment Inspection for Oyster Creek Drywell Containment Shell (6 pages)

E-mail from D. Tifft of USNRC to J. Richmond of USNRC, regarding NJ Engineer comments on OC PN (4 pages)

E-mail from J. Richmond of USNRC to D. Tifft of USNRC, regarding NJ Engineer comments on OC PN (4 pages)

E-mail from D. Tifft of USNRC to D. Roberts of USNRC, regarding NJ Engineer comments on OC PN (6 pages)

E-mail from D. Tifft of USNRC to D. Roberts and R. Conte of USNRC, regarding NJ engineer comments on OC PN (7 pages)

E-mail from J. Richmond of USNRC to D. Pelton of USNRC, regarding OC ACRS & ASLB Transcript (3 pages)

E-mail from R. Conte of USNRC to J. Richmond of USNRC, regarding NJ engineer comments on OC PN (7 pages)

E-mail from J. Richmond of USNRC to R. Conte and D. Roberts of USNRC, regarding RA Brief on OC 71003 Results rev 1 (4 pages)

E-mail from J. Richmond of USNRC to R. Conte of USNRC, regarding OC Exit Notes Rev 7 (2 pages)

Oyster Creek License Renewal Commitments Inspection Exit Me~eting (4 pages)

29.

12/22/2008 Undated

30.

01/09/2009

31.

Undated

32.

Undated

33.

Undated

34.

Undated

35.

Undated

36.

Undated

37.

Undated

38.

Undated

39.

11/03/2008

40.

11/03/2008

41.

11/03/2008

42.

01/22/2009

43.

Undated

44.

Undated Re: FOIA/PA-2009-0070 E-mail from J. Richmond of USNRC to J. Richmond of USNRC, regarding OC Exit Notes Rev 8 (2 pages)

Oyster Creek License Renewal Commitments Inspection Exit Meeting (4 pages)

E-mail from G. Meyer of USNRC to J. Richmond of USNRC, regarding Feeder for Oyster Creek outage (3 pages)

Communications Plan and Notification Sequence Preliminary Results of Licensee Renewal Commitment Inspection for Oyster Creek Drywell Containment Shell, rev 2 (6 pages)

Communications Plan and Notification Sequence Preliminary Results of Licensee Renewal Commitment Inspection for Oyster Creek Drywell Containment Shell, rev 2 (7 pages)

Communications Plan and Notification Sequence Preliminary Results of Licensee Renewal Commitment Inspection for Oyster Creek Drywell Containment Shell, rev 3 (7 pages)

Communications Plan and Notification Sequence Preliminary Results of Licensee Renewal Commitment Inspection for Oyster Creek Drywell Containment Shell (7 pages)

Communications Plan and Notification Sequence Preliminary Results of Licensee Renewal Commitment Inspection for Oyster Creek Drywell Containment Shell (8 pages)

Oyster Creek License Renewal Outage Commitments Inspection Plan 2 (9 pages)

Oyster Creek License Renewal Outage Commitments Inspection Plan 2 (3 pages)

Daily Staff Notes, Region 1 (1 page)

Project Plan OC LR Outage Inspection (1 page)

List of Documents Reviewed, regarding Oyster Creek Generating Station License Renewal Application (5 pages)

45.

Undated

46.

Undated

47.

Undated

48.

Undated

49.

Undated

50.

Undated

51.

Undated

52.

Undated

53.

Undated

54.

Undated Re: FOIA/PA-2009-0070 List of Documents Reviewed, regarding Oyster Creek Generating Station License Renewal Application (6 pages)

Draft Preliminary Notification of Event of Unusual Occurrence, PNO-1 XXX, Facility AmerGen Energy Company, LLC, Oyster Creek, subject -

Results of Implementation of Oyster Creek License Renewal Commitments Related to the Drywell Primary Containment (2 pages)

Draft Preliminary Notification of Event of Unusual Occurrence, PNO-1 XXX, Facility AmerGen Energy Company, LLC, Oyster Creek, subject -

Results of Implementation of Oyster Creek License Renewal Commitments Related to the Drywell Primary Containment (2 pages)

Draft Preliminary Notification of Event of Unusual Occurrence, PNO-1 XXX, Facility AmerGen Energy Company, LLC, Oyster Creek, subject -

Results of Implementation of Oyster Creek License Renewal Commitments Related to the Primary Containment (Drywell) (2 pages)

Draft Preliminary Notification of Event of Unusual Occurrence, PNO-1 XXX, Facility AmerGen Energy Company, LLC, Oyster Creek, subject -

Results of Implementation of Oyster Creek License Renewal Commitments Related to the Primary Containment (Drywell) (2 pages)

Draft Preliminary Notification of Event of Unusual Occurrence, PNO-1 XXX, Facility AmerGen Energy Company, LLC, Oyster Creek, subject -

Results of Implementation of Oyster Creek License Renewal Commitments Related to the Primary Containment (Drywell) (3 pages)

Draft Preliminary Notification of Event of Unusual Occurrence, PNO-1 XXX, Facility AmerGen Energy Company, LLC, Oyster Creek, subject -

Results of Implementation of Oyster Creek License Renewal Commitments Related to the Containment Design Function (2 pages)

Draft Preliminary Notification of Event of Unusual Occurrence, PNO-1 XXX, Facility AmerGen Energy Company, LLC, Oyster Creek, subject -

Results of Implementation of Oyster Creek License Renewal Commitments Related to the Containment Design Function (2 pages)

Draft Preliminary Notification of Event of Unusual Occurrence, PNO-1 XXX, Facility AmerGen Energy Company, LLC, Oyster Creek, subject -

Results of Implementation of Oyster Creek License Renewal Commitments Related to the Primary Containment (Drywell) (3 pages)

Draft Preliminary Notification of Event of Unusual Occurrence, PNO-1 XXX, Facility AmerGen Energy Company, LLC, Oyster Creek, subject -

Results of Implementation of Oyster Creek License Renewal Commitments Related to the Primary Containment (Drywell) (2 pages)

Re: FOIAIPA-2009-0070

55.

Undated

56.

Undated

57.

Undated

58.

Undated

59.

Undated

60.

Undated

61.

Undated

62.

Undated

63.

Undated

64.

Undated

65.

Undated

66.

Undated

67.

Undated

68.

Undated

69.

Undated Draft Preliminary Notification of Event of Unusual Occurrence, PNO-1 XXX, Facility AmerGen Energy Company, LLC, Oyster Creek, subject -

Results of Implementation of Oyster Creek License Renewal Commitments Related to the Drywell Primary Containment (3 pages)