ML16070A284

FOIA/PA-2016-0071 - Resp 4 - Final

ML16070A284
Person / Time
Site:	Oconee
Issue date:	02/19/2016
From:	Andoh R NRC/OCIO
To:	Lawrence Criscione - No Known Affiliation
Shared Package
ML16070A295	List: ML16070A284 ML16070A287 ML16070A288 ML16070A290 ML16272A216 ML16272A217 ML16272A218 ML16272A220 ONS-2015-028, Supplemental Information Re NRC 2008 and 2012 Request for Information Pursuant to 10 CFR 50.54(f) Pertaining to External Flooding, Dated March 6, 2015 (Redacted)
References
FOIA/PA-2016-0071
Download: ML16070A284 (4)

Text

NRC FORM 464 Part I U.S. NUCLEAR REGULATORY COMMISSION FOIA RESPONSE NUMBER (12-2015)RESPONSE TO FREEDOM OF206074

• , INFORMATION ACT (FOIA) REQUEST RESPONSE D NERMFIA I REQUESTER: DATE:

Lawrence Criscione 02/19/20 16 DESCRIPTION OF REQUESTED RECORDS:

All non-publicly available agency records generated since 09/18/20 12 pertaining to docket numbers 05000269, 05000270, or 0500028 [Oconee Nuclear Station] and containing the word 'Jocassee'.

PART I. -- INFORMATION RELEASED Agency records subject to the request are already available in public ADAMS or on microfiche in the NRC Public Document D Agency records subject toterequest areenlsd 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.

D Ware continuing toprocess your request.

W See Comments.

PART l.A -- FEES AMUT D1

[ You will be billed by NRC for the amount listed. - None. Minimum fee threshold not met.

5eeCometsfo dtals D You will receive a refund for the amount listed. *]Fees waived.

PART I.B -- INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE DWe did not locate any agency records responsive to your request. Note: Agencies may treat three discrete categories of law Senforcement and national seuiyrecords asnot sbetto the FOIA (ecuin).5 U.S.C. 52c.This is astandard notification given to all requesters; it should not be taken to mean that any excluded records do, or do not, exist.

D We have withheld certain information pusatto the FOIA e mpin dsc bdand for the raos ttein Part II.

D Because this is an interim response to your request, you may not appeal at this time. We will notify you of your right to appeal any of the responses we have issued in response to your request when we issue our final determination.

DYou may appeal this final determination within 30 calendar days of the date of this response by sending a letter or email to

- -the FOIA Officer, at U.S. Nuclear Re uao y C m iso , W s i g o ,D.C. 20 5 - 01 o FO A R pu ~ r* oy Please be sure to include on your letter or email that it is a "FOIA Appeal." "................

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

The incoming request will be made available in ADAMS as ML15306A020. Records with an ML accession number are publicly available in the NRC's Public Electronic Reading Room at http://www.nrc.gov/reading-rrn.html. If you need assistance in obtaining these records, please contact the NRC's Public Document Room (PDR) at 301-415-4737, or 1-800-397-4209, or by email to PDR.Resource@nrc.gov. Attached to this response (as well as identified herein) is a listing of the*3 additional records that are now available in public ADAMS (ML13063A065, ML13351A317, and ML15072A 06) an** 8 additional records that will be made available in public ADAMS, albeit under different ML#s

[continued_ In next 'age]

SIGNATURE -]FED OF INFORMATION ACT OFFICER Roger D."JAnajf NRC Form 464 Part l1(12-2015) , Ad0nitainae f DeleteConltinu~ation Page,1 Page2 of'

NRC FORM 464 Part I U.S. NUCLEAR REGULATORY COMMISSION FOARESPONSE NUMBER (12-20 15) 2016-0071 4 RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST Continued RESPONSED INEMFNA REQU ESTER: DATE:

Lawrence Criscione 02/19/20 16 PART I.C COMMENTS (Continued) that the ones cited in the listing attached to your request (ML122380112, ML13063A110, ML13178A212, MLI 41 20A43 1, MLI41 39A 175, MLI 5072A 107, ML15072A108, and ML15075A032). This completes our processing of this request.

Page 3 of 3 NRC Form 464 NRC Form Part I1(12-2015) 464 Part (12-2015) Page 3 of 3

NRC FORM 464 Part II U.S. NUCLEAR REGULATORY COMMISSION FOIA (1-05 .°.'RESPONSE TO FREEDOM OF 2016-0071#4

• *~ INFORMATION ACT (FOIA) REQUEST DATE:

02/19/2016 PART II.A -- APPLICABLE EXEMPTIONS Records subject to the request are being withheld in their entirety or in part under the FOIA exemption(s) as indicated below (5 U.S.C. 552(b)).

D Exemption 1: The withheld information is properly classified pursuant to an Executive Order protecting national security information.

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 the 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).

D1 41 U.S.C. 4702(b), which prohibits the disclosure of contractor proposals, except when incorporated into the contract between the agency and the submitter of the proposal.

D Exemption 4: The withheld information is a trade secret or confidential commercial or financial information that is being withheld for the reason(s) indicated.

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 is considered to be another type or confidential business (proprietary) information.

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

W- Exemption 5: The withheld information consists of interagency or intraagency records that are normally privileged in civil litigation.

WDeliberative process privilege.

D Attorney work product privilege.

WAttorney-client privilege.

l Exemption 6: The withheld information from a personnel, medical, or similar file, is exempted from public disclosure because its disclosure would result in a clearly unwarranted invasion of personal privacy.

i- 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 open enforcement proceeding.

D(C) Disclosure could reasonably be expected to constitute an unwarranted invasion of personal privacy.

D (D) The information consists of names and other information the disclosure of which could reasonably be expected to reveal identities of confidential sources.

flf (E) Disclosure would reveal techniques and procedures for law enforcement investigations or prosecutions, or guidelines that could reasonably be L.i expected to risk circumvention of the law.

[-j (F) Disclosure could reasonably be expected to endanger the life or physical safety of an individual.

D OtherI PART IIB -- DENYING OFFICIALS In accordance with 10 CFR 9.25(g) and 9.25(h) of the U.S. Nuclear Regulatory Commission regulations, the official(s) listed below have made the determination to withhold certain information responsive to your request.

DENYING OFFICIAL TITLE/OFFICE RECORDS DENIED APPELLATEOFFICIAL EDO SECY Appeals must be made in writing within 30 calendar days of the date of this response by sending a letter or email to the FOIA Officer, at U.S. Nuclear Regulatory Commission, Washington, D.C. 20555-0001, or

.F.Ql.!*,Res_.O.ujr._e@n~yc.goy. Please be sure to include on your letter or email that it is a "FOIA Appeal."

NRC Form 464 Part II (12-2015) Page 1 of I

FO.IA-2016-0071 #14 Records Already Publicly Available

1. ML13063A065 - Oconee Nuclear, Units 1, 2, and 3, Submittal of Overall Integrated Plan, in accordance with the March 12, 2012 Commission Order to Modify Licenses with Regard to Requirements for Mitigation Strategies for Beyond Design Basis External Events, EA-12-049, dated February 28, 2013.

2. ML13351A317 - Oconee Nuclear Station, Units 1, 2, and 3 - Safety Evaluation Input Regarding Temporary Technical Specification Change Request to Extend the Completion Time for an Inoperable Keowee Hydro Unit (TAC NOS. ME9021, ME9022, ME9023), dated December 23, 2013.

3. ML15072A106 - Oconee Nuclear Station, Units 1, 2 and 3, Submittal of Revised Flood Hazard Reevaluation Report per NRC's Request for Additional Information, dated March 6, 2015.

NRC FORM 464 Part I U.S. NUCLEAR REGULATORY COMMISSION FOIA RESPONSE NUMBER (12-2015)RESPONSE TO FREEDOM OF206074

• , INFORMATION ACT (FOIA) REQUEST RESPONSE D NERMFIA I REQUESTER: DATE:

Lawrence Criscione 02/19/20 16 DESCRIPTION OF REQUESTED RECORDS:

All non-publicly available agency records generated since 09/18/20 12 pertaining to docket numbers 05000269, 05000270, or 0500028 [Oconee Nuclear Station] and containing the word 'Jocassee'.

PART I. -- INFORMATION RELEASED Agency records subject to the request are already available in public ADAMS or on microfiche in the NRC Public Document D Agency records subject toterequest areenlsd 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.

D Ware continuing toprocess your request.

W See Comments.

PART l.A -- FEES AMUT D1

[ You will be billed by NRC for the amount listed. - None. Minimum fee threshold not met.

5eeCometsfo dtals D You will receive a refund for the amount listed. *]Fees waived.

PART I.B -- INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE DWe did not locate any agency records responsive to your request. Note: Agencies may treat three discrete categories of law Senforcement and national seuiyrecords asnot sbetto the FOIA (ecuin).5 U.S.C. 52c.This is astandard notification given to all requesters; it should not be taken to mean that any excluded records do, or do not, exist.

D We have withheld certain information pusatto the FOIA e mpin dsc bdand for the raos ttein Part II.

D Because this is an interim response to your request, you may not appeal at this time. We will notify you of your right to appeal any of the responses we have issued in response to your request when we issue our final determination.

DYou may appeal this final determination within 30 calendar days of the date of this response by sending a letter or email to

- -the FOIA Officer, at U.S. Nuclear Re uao y C m iso , W s i g o ,D.C. 20 5 - 01 o FO A R pu ~ r* oy Please be sure to include on your letter or email that it is a "FOIA Appeal." "................

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

The incoming request will be made available in ADAMS as ML15306A020. Records with an ML accession number are publicly available in the NRC's Public Electronic Reading Room at http://www.nrc.gov/reading-rrn.html. If you need assistance in obtaining these records, please contact the NRC's Public Document Room (PDR) at 301-415-4737, or 1-800-397-4209, or by email to PDR.Resource@nrc.gov. Attached to this response (as well as identified herein) is a listing of the*3 additional records that are now available in public ADAMS (ML13063A065, ML13351A317, and ML15072A 06) an** 8 additional records that will be made available in public ADAMS, albeit under different ML#s

[continued_ In next 'age]

SIGNATURE -]FED OF INFORMATION ACT OFFICER Roger D."JAnajf NRC Form 464 Part l1(12-2015) , Ad0nitainae f DeleteConltinu~ation Page,1 Page2 of'

NRC FORM 464 Part I U.S. NUCLEAR REGULATORY COMMISSION FOARESPONSE NUMBER (12-20 15) 2016-0071 4 RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST Continued RESPONSED INEMFNA REQU ESTER: DATE:

Lawrence Criscione 02/19/20 16 PART I.C COMMENTS (Continued) that the ones cited in the listing attached to your request (ML122380112, ML13063A110, ML13178A212, MLI 41 20A43 1, MLI41 39A 175, MLI 5072A 107, ML15072A108, and ML15075A032). This completes our processing of this request.

Page 3 of 3 NRC Form 464 NRC Form Part I1(12-2015) 464 Part (12-2015) Page 3 of 3

NRC FORM 464 Part II U.S. NUCLEAR REGULATORY COMMISSION FOIA (1-05 .°.'RESPONSE TO FREEDOM OF 2016-0071#4

• *~ INFORMATION ACT (FOIA) REQUEST DATE:

02/19/2016 PART II.A -- APPLICABLE EXEMPTIONS Records subject to the request are being withheld in their entirety or in part under the FOIA exemption(s) as indicated below (5 U.S.C. 552(b)).

D Exemption 1: The withheld information is properly classified pursuant to an Executive Order protecting national security information.

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 the 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).

D1 41 U.S.C. 4702(b), which prohibits the disclosure of contractor proposals, except when incorporated into the contract between the agency and the submitter of the proposal.

D Exemption 4: The withheld information is a trade secret or confidential commercial or financial information that is being withheld for the reason(s) indicated.

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 is considered to be another type or confidential business (proprietary) information.

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

W- Exemption 5: The withheld information consists of interagency or intraagency records that are normally privileged in civil litigation.

WDeliberative process privilege.

D Attorney work product privilege.

WAttorney-client privilege.

l Exemption 6: The withheld information from a personnel, medical, or similar file, is exempted from public disclosure because its disclosure would result in a clearly unwarranted invasion of personal privacy.

i- 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 open enforcement proceeding.

D(C) Disclosure could reasonably be expected to constitute an unwarranted invasion of personal privacy.

D (D) The information consists of names and other information the disclosure of which could reasonably be expected to reveal identities of confidential sources.

flf (E) Disclosure would reveal techniques and procedures for law enforcement investigations or prosecutions, or guidelines that could reasonably be L.i expected to risk circumvention of the law.

[-j (F) Disclosure could reasonably be expected to endanger the life or physical safety of an individual.

D OtherI PART IIB -- DENYING OFFICIALS In accordance with 10 CFR 9.25(g) and 9.25(h) of the U.S. Nuclear Regulatory Commission regulations, the official(s) listed below have made the determination to withhold certain information responsive to your request.

DENYING OFFICIAL TITLE/OFFICE RECORDS DENIED APPELLATEOFFICIAL EDO SECY Appeals must be made in writing within 30 calendar days of the date of this response by sending a letter or email to the FOIA Officer, at U.S. Nuclear Regulatory Commission, Washington, D.C. 20555-0001, or

.F.Ql.!*,Res_.O.ujr._e@n~yc.goy. Please be sure to include on your letter or email that it is a "FOIA Appeal."

NRC Form 464 Part II (12-2015) Page 1 of I

FO.IA-2016-0071 #14 Records Already Publicly Available

1. ML13063A065 - Oconee Nuclear, Units 1, 2, and 3, Submittal of Overall Integrated Plan, in accordance with the March 12, 2012 Commission Order to Modify Licenses with Regard to Requirements for Mitigation Strategies for Beyond Design Basis External Events, EA-12-049, dated February 28, 2013.

2. ML13351A317 - Oconee Nuclear Station, Units 1, 2, and 3 - Safety Evaluation Input Regarding Temporary Technical Specification Change Request to Extend the Completion Time for an Inoperable Keowee Hydro Unit (TAC NOS. ME9021, ME9022, ME9023), dated December 23, 2013.

3. ML15072A106 - Oconee Nuclear Station, Units 1, 2 and 3, Submittal of Revised Flood Hazard Reevaluation Report per NRC's Request for Additional Information, dated March 6, 2015.