ML12174A109

FOIA/PA-2012-0119 - Resp 4 - Final

ML12174A109
Person / Time
Site:	Seabrook
Issue date:	06/04/2012
From:	Sealing D NRC/OIS/IRSD/ISB
To:	Grinnell D C-10 Research & Education Foundation
References
FOIA/PA-2012-0119
Download: ML12174A109 (7)

Text

NRC FORM 464 Part I U.S. NUCLEAR REGULATORY COMMISSION FOIAIPA RESPONSE NUMBER (4-2011) 2012-0119 4 RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) / PRIVACY RESPONSE FINAL PARTIAL ACT (PA) REQUEST TYPE REQUESTER DATE Debbie Grinnell & 04 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.

7] APPENDICES Agency records subject to the request that are identified in the listed appendices are being made available for F, G public inspection and copying at the NRC Public Document Room.

Enclosed is information on how you may obtain access to and the charges for copying records located at the NRC Public El Document Room, 11555 Rockville Pike, Rockville, MD 20852-2738.

F1APPENDICES

- F, G N Agency records subject to the request are enclosed.

E- 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 LA -- FEES AMOUNT* D You will be billed by NRC for the amount listed. None. Minimum fee threshold not met.

See comments 1 D You will receive a refund for the amount listed. 2 Fees waived.

for details PART I.B -- INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE D No agency records subject to the request have been located.

Fv-( 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 I.C COMMENTS (Use attached Comments continuation page if required)

The incoming request is in ADAMS at ML12025A287.

A?

SIG .9E -FREEDOMOF 1N0 AAT194 ACT AND PRIVACY ACT OFFICER NRC FORM 464 Part 1 (4-2011)

NRC FORM 464 Part II U.S. NUCLEAR REGULATORY COMMISSION FOIA/PA DATE (4-2011)

RESPONSE TO FREEDOM OF INFORMATION 2012-0119 j 0 4 1uiZ ACT (FOIA) / PRIVACY ACT (PA) REQUEST 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 G, H 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)).

D 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 practices of NRC.

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).

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.

ED 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).

[* 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:

I* 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)

.L[*] Attorney-client privilege. (Confidential communications between an attorney and his/her client) 17] Exemption 6: The withheld information is exempted from public disclosure because its disclosure would result in a clearly unwarranted

-invasion of personal privacy.

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

D (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 wrong doing or a violation of NRC requirements from investigators).

(C) Disclosure could 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.

(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.

W OTHER (Specify) utieof Scope 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 William M. Dean Regional Administrator, Region I Appendix G D D]

Eric J. Leeds Director, Office of Nuclear Reactor Regulation Appendix H W[ D D]

El 1:1 1:

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 (4-2011)

Re: FOIA/PA-2012-0119 APPENDIX F RECORDS BEING RELEASED IN THEIR ENTIRETY (If copyrighted identify with *)

NO. DATE DESCRIPTION/(PAGE COUNT)

1. Undated Draft letter from D. Roberts, Region I to J. Jolicoeur, NRR;

Subject:

Request for Technical Assistance, Seabrook Station Alkali-Silica Reaction. (6 pages)

2. Undated Draft letter from D. Roberts, Region I to R. Nelson, NRR;

Subject:

Request for Technical Assistance, Seabrook Station Alkali-Silica Reaction. (6 pages)

TIA for Seabrook ASR Issue: GT thoughts (6/28/11) for internal

3. Undated consideration only. (3 pages)

4. Undated Comments by WJR 0on Draft TIA for ASR at Seabrook. (21 pages)

5. Undated Draft letter from J. Clifford, Region I to R. Nelson, NRR;

Subject:

Request for Technical Assistance, Seabrook Station Alkali-Silica Reaction. (10 pages)

6. Undated Draft letter from J. Clifford, Region I to R. Nelson, NRR;

Subject:

Request for Technical Assistance, Seabrook Station Alkali-Silica Reaction. (10 pages)

7. Undated Draft letter from J. Clifford, Region I to R. Nelson, NRR;

Subject:

Request for Technical Assistance, Seabrook Station Alkali-Silica Reaction. (10 pages)

8. Undated Paper - Inspection Planned for Week of 9/26/11 with Modes, Chaudhary, Thomas, Sheikh, and Erickson, USNRC. (2 pages)

9. Undated Draft letter from C. Miller,. Region I to P.. Freeman, Site Vice President, North Region, NextEra Energy Seabrook, LLC;

Subject:

Seabrook Station

- NRC Inspection Report 05000443/2011010, w/handwritten notes.

(3 pages)

10. Undated Draft letter from C. Miller, Region I to P. Freeman, Site Vice President, North Region, NextEra Energy Seabrook, LLC;

Subject:

Seabrook Station

- NRC Inspection Report 05000443/2011010, w/handwritten notes.

(23 pages)

11. Undated Draft letter from C. Miller, Region I to P. Freeman, Site Vice President, North Region, NextEra Energy Seabrook, LLC;

Subject:

Seabrook Station

- NRC Inspection Report 05000443/2011010. (23 pages)

12. 12/16/11 E-mail from A. Burritt, Region I to W. Raymond, Region I, et al;

Subject:

Seabrook concrete Inspection Timeline. (3 pages)

13. Undated Draft letter from D. Roberts, Region I to J. Jolicoeur, NRR;

Subject:

Request for Technical Assistance, Seabrook Station Alkali-Silica Reaction. (5 pages)

14. Undated Memorandum from J. Clifford, Region I to R. Nelson, NRR;

Subject:

Request for Technical Assistance, Seabrook Station Alkali-Silica Reaction. (10 pages)

15. 01/19/12 E-mail from R. Conte, Region I to R. Conte, Region I, et al;

Subject:

RE:

NRC Exit Meeting -ASR PI&R Sample Inspection. (2 pages)

16. 01/23/12 E-mail from H. Cruz, NRR to J. Jolicoeur, NRR;

Subject:

FW: NRC Exit Meeting -ASR PI&R Sample Inspection. (2 pages)

Re: FOIA/PA-2012-0119 APPENDIX G RECORDS BEING WITHHELD IN PART NO. DATE DESCRIPTION/(PAGE COUNT)/EXEMPTIONS

1. Undated Region 1 Comments on Draft TIA for Seabrook ASR Issue. (8 pages) /

EX 5

2. 03/08/11 E-mail from Bill Raymond, Region I to Art Burritt, Region I;

Subject:

Seabrook Proposed Presentation for MR Violation. (10 pages) / EX 6

3. 10/21/11 .From George Thomas, NRR to Bill Raymond, Region I;

Subject:

re:

Follow on Information Request for TIA REG Seabrook ASR. (4 pages) /

EX 5

4. 12/09/11 From Rich Conte, Region I to Chris Miller, Region I;

Subject:

re: Seabrook Concrete Inspection Strategy- DJR, PRW, R. Conte, A. Burritt. (2 pages) /

EX 5

5. 12/09/11 Strategy Meeting Seabrook ASR 10:00am 12/9/11; Seabrook Concrete Degradation. (9 pages) / EX 5

6. 01/05/12 E-mail from Bill Raymond, Region I to Rich Conte, Region I;

Subject:

TIA Summary & CAL. (3 pages) / EX 6

7. 01/12/12 E-mail from Rich Conte, Region I to Chris Miller, Region I;

Subject:

re: Region I Comments on Seabrook TIA. (10 pages) / EX 5, 6

8. Undated Preliminary Draft Response to Request for Technical Assistance for Seabrook Station Alkali-Silica Reaction Degradation of Concrete.

(21 pages) / EX 5

9. 11/17/11 E-mail from R. Conte, Region I to A. Burritt, Region I, et al;

Subject:

Counterproposal from Seabrook on ASR Meeting. (6 pages). / EX 5

10. 11/17/11 E-mail from D. Morey, NRR to R. Conte, Region I, et al;

Subject:

RE:

Counterproposal from Seabrook on ASR Meeting. (2 pages) / EX 5

11. 12/20/11 E-mail from G. Thomas, NRR to A. Sheikh, NRR, et al;

Subject:

Predecisional - Official Use Only: Preliminary Draft Response for Comment reg. Alkali-Silica Reaction (ASR) issue at Seabrook.

(23 pages) / EX 5

12. Undated Seabrook Concrete Degradation - Region I Engineering Branch No. 1 (EB 1); Seabrook Concrete Degradation & Implications to Part 50 & 54, September 8, 2011, 3:00 pm to 4:00 pm. (14 pages) / EX 6

13. 12/20/11 E-mail from G. Thomas, NRR to H. Cruz, NRR;

Subject:

FW: Briefing Materials for Tomorrow's Call at 2:00 pm on Seabrook ASR. (3 pages) /

EX 6

14. Undated Seabrook Concrete Degradation - Region I Engineering Branch No. 1 (EB 1); Seabrook Concrete Degradation & Implications to Part 50 & 54, December 20 2011, 2:00 pm, w/handwritten notes. (11 pages) / EX 5, 6

15. 01/06/12 E-mail from R. Conte, Region I to A. Burritt, Region I, et al;

Subject:

SBK ASR Standalone Report. (20 pages). EX 6

16. 01/12/12 E-mail from B. Miller, NRR to H. Cruz, NRR;

Subject:

FW: Seabrook ASR TIA Draft 7 GT Comments 8-12-11. (2 pages) / EX 5

17. 01/13/12 E-mail from R. Conte, Region I to H. Cruz, NRR, et al;

Subject:

Comments on Seabrook TIA Consolidated for Region I RE: TIA Status Report.

(2 pages) / EX 5

18. 1/19/12 E-mail re/Draft Seabrook Report. (8 pages total, 3 pages released) /

EX 5, 6

19. 12/06/11 E-mail from C. Miller, Region I to R. Conte, Region I, et al;

Subject:

RE:

For Your Review - Revised Public Meeting Notice - Seabrook ASR -

January 19, 2012. (2 pages) / EX 5

20. 01/22/12 E-mail from G. Thomas, NRR to M. Murphy, NRR;

Subject:

RE: Seabrook SR exit. (2 pages) / EX 5

21. 01/23/12 E-mail from R. Conte, Region I to S. Chaudhary, Region I, et al;

Subject:

Seabrook ASR Report Standalone. (37 pages total, 24 pages released)/

EX 6, Portion Outside of Scope

22. 01/19/12 E-mail from R. Conte, Region I to W. Raymond, Region I, et al;

Subject:

Report Bolded for Key Points to be made in Exit Meeting. (25 pages) /

EX 6

23. Undated E-mail;

Subject:

NRC Exit Meeting - ASR PI&R Sample Inspection.

(1 page)/ EX 6

Re: FOIA/PA-2012-0119 APPENDIX H RECORDS BEING WITHHELD IN THEIR ENTIRETY NO. DATE DESCRIPTION/(PAGE COUNT)IEXEMPTIONS

1. 07/13/11 E-mail from R. Conte, Region I to M. Modes, Region I, et al;

Subject:

RE: What to inspect for Seabrook ASR in August or Sep time frame.

(2 pages) / EX 5, 6

2. Undated TIA Summary / Elements of a Proposed CAL. (2 pages) / EX 5

3. 11/14/11 E-mail from G. Thomas, NRR to R. Conte, Region I; Aubject: RE:

Seabrook ASR Discussion - Internal to NRC Staff. (5 pages) / EX 5