ML16235A167

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FOIA/PA-2016-0532 - Resp 2 - Final
ML16235A167
Person / Time
Site: Indian Point  Entergy icon.png
Issue date: 08/16/2016
From: Stephanie Blaney
NRC/OCIO/CSD/FPIB
To: Blanch P
- No Known Affiliation
References
FOIA/PA-2016-0532
Download: ML16235A167 (3)


Text

  • L NRC FORM 464 Part I U.S. NUCLEAR REGULATORY COMMISSION FOIA RESPONSE NUMBER (12-2015)

RESPONSE TO FREEDOM OF I 2016-0532 *11 2 INFORMATION ACT (FOIA) REQUEST RESPONSE TYPE D INTERIM I./ I FINAL REQUESTER: DATE:

IPaul Blanch 11 0811612016 DESCRIPTION OF REQUESTED RECORDS:

The analysis performed for the buried portion of the natural gas lines at Indian Point, to which Glenn Dentel referred during the June 8, 2016 public meeting held in Tarrytown, NY, and all internal NRC communications related to this analysis.

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

[{] Room.

0 Agency records subject to the request are enclosed.

Records subject to the request that contain information originated by or of interest to another Federal agency have been D referred to that agency (see comments section) for a disclosure determination and direct response to you.

D We are continuing to process your request.

[{] See Comments.

PART I.A -- FEES*

AMOUNT" D You will be billed by NRG for the amount listed. D None. Minimum fee threshold not met.

$ I 169.08 II

  • see Comments for details D You will receive a refund for the amount listed. D Fees waived.

PART 1.8 - INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE We did not locate any agency records responsive to your request. Note: Agencies may treat three discrete categories of law D enforcement and national security records as not subject to the.FOIA ("exclusions"). 5 U.S.C. 552(c). This is a standard notification given to all requesters; it should not be taken to mean that any excluded records do, or do not, exist.

[{] We have withheld certain information pursuant to the FOIA exemptions described, and for the reasons stated, in Part II.

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

1/1 You may appeal this final determination within 30 calendar days of the date of this response by sending a letter or email to L!J the FOIA Officer, at U.S. Nuclear Regulatory Commission, Washington, D.C. 20555-0001, or.FOIA.Resource@nrc.gov.

Please be sure to include on your letter or email that it is a "FOIA Appeal."

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

The incoming request will be made available in ADAMS as ML16169Al22. Records with an ML accession number are publicly available in the NRC's Public Electronic Reading Room at http://www.nrc.gov/reading-rm.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.

[continued on next page]

Steylianie .'A.. 'B{aney, .'A.ctin NRC Form 464 Part i (12-2015) Page 2 of 3

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

RESPONSE TO FREEDOM OF INFORMATION I 2016-0532 II 2 ACT (FOIA) REQUEST Continued RESPONSE TYPE D INTERIM I.t I FINAL REQUESTER: DATE:

IPaul Blanch 11 os/1612016 PART l.C COMMENTS (Continued)

Per our conversation, this response addresses the NRC internal communications surrounding the NRC's analysis, to which Glenn Dentel referred during the June 8th public meeting on Indian Point. You may note tl;iat the email strings (pages 4 and 45 on the Released Set of Records) contained attachments of the licensee's own analyses; these licensee records, as well as any communications between NRC and Entergy about the latter's analyses, will be addressed in FOIA-2016-0655.

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

NRC FORM 464 Part II U.S. NUCLEAR REGULATORY COMMISSION FOIA (12-2015)

+~r)I>" AIQ(l~;O

~ RESPONSE TO FREEDOM OF I 2016-0532#2

' I

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INFORMATION ACT (FOIA) REQUEST DATE:

I 08/16/2016 I

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.

  • o 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).

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

The information is considered to be proprietary because it concerns a licensee's or applicant's physical protection or material control and D 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).

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

D Deliberative process privilege.

D Attorney work product privilege. -

D Attorney-client privilege.

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.

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

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

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

D Other I I PART 11.B -- 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 APPELLATE OFFICIAL DENYING OFFICIAL TITLE/OFFICE .RECORDS DENIED EDO SECY I Stephanie A. Blaney II FOIA Officer 11 distances/calculations; cell phone #s I [{] D I I I I D D 1 l I I D D Appeals must be made in writi~g 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

.E.QJA.Resourr,_e@nrc.gg_y, Please be sure to include on your letter or email that it is a "FOIA Appeal."

NRC Form 464 Part II (12-2015) Page 1of1