ML17230A148
| ML17230A148 | |
| Person / Time | |
|---|---|
| Site: | Turkey Point  |
| Issue date: | 08/16/2017 |
| From: | Stephanie Blaney Information Services Branch |
| To: | Lochbaum D Union of Concerned Scientists |
| Shared Package | |
| ML17230A147 | List: |
| References | |
| FOIA/PA-2017-0587 | |
| Download: ML17230A148 (2) | |
Text
NRC FORM 464 Part I U.S. NUCLEAR.REGULATORY COMMISSION FOIA RESPONSE NUMBER (03-2017)
RESPONSE TO FREEDOM OF I 2011-oss1 11 INFORMATION ACT (FOIA) REQUEST . . RESPONSE ..
TYPE D INTERIM ~ FINAL REQUESTER: DATE:
loavid Lochbaum II AUG 1 6 2C?7 I DESCRIPTION OF REQUESTED RECORDS:.
Digital copies of the photographs and v.ideos the NRC special inspection team took/obtained during its inquiry into the high energy arc fault at Turkey Point Unit 3 (documented in report ML I 7132A258) .
PART I. - INFORMATION RELEASED You have the right to seek assistance from the NRC's FOIA Public Liaison. Contact information for the NRC's FOIA Public Liaison is available at https://www.nrc.gov/reading-rm/foia/contact-foia.html Agency recorqs subject to the request are already available on the Public NRC Website, in Public ADAMS or on microfiche in the D. NRC Public Document Room.
- Agency records subject to the request are enclosed.
Records subject to the request that contain information originated by or of interest to another Federal age(lcy have beeri referred to that agency <,see comments section) for a disclosure determination and direct response to you:
We are continuing to process your request.
See Comments.
PART I.A - FEES NO FEES AMOUNT" D You will be billed by NRC for the amount listed.
~ Minimum fee threshold not met.
II $0.00 i D You will receive a refund for the amount listed.
D DLie to our delayed response, you will "See Comments for details D Fees waived. not be charged fees.
PART 1.B - 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 appeal any of the responses we have issued in response to your request when we issue our final determination.
You may appeal this final determination within 90 calendar days of the date of this response by sending a letter or e-mail to 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." You have the right to seek dispute resolution services from the NRC's Public Liaison, or the Office of Government Information Services (OGIS). Contact information for OGIS is available at https:l/ogis.archives.gov/about-ogis/contact-information.htm PART l.C COMMENTS Use attached Comments continuation Please note:
Neither the NRC or the licensee are aware of any video recordings associated with the subject inspection.
Please find the requested photographs enclosed (on CD). .
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NRC FORM 464 Part 11 (08-2013) tQ*, RESPONSE TO FREEDOM OF INFORMATION U.S. NUCLEAR REGULATORY COMMISSION FOIA/PA 2017-0587 DATE i~j
...... ACT (FOIA) I PRIVACY ACT (PA) REQUEST MJG 1 s Mt, PART II.A **APPLICABLE.EXEMPTIONS GROUP I Exemption Records subject to the request that are contained in the specified group are being withheld in their entirety or in part under the
- IX
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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 t.o Executive Order 12958.
D Exemption 2: The withheld information relates solely to the internal personnel rules and practices of NRG.
D Exemption 3:. The withheld information is specificall}i 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 4702(b), 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. *
[{] 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 (proprietaiy) information.
[{] The information is considered to be proprietary because it concerns a licensee's or applicant's physical protection or*material control and accountjng 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.
D Exemption 5: The wi!hheld information consists of interagency or intraagency records thaf are not available through discovery during litigation.
Applicable privileges:
Deliberative prc;icess.: Disclosure of predecisional infiirmation would tend to inhibit the open and frank exchange of ideas essential to the D 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)
Exemption 6: The withheld information is exem.pted from public disclosure because its disclosure would result in a clearly unwarranted D invasion of personal privacy.
D 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 D focus of enforcement efforts, and thus could. possibly allow recipients to take action lo shield potential wrong doing or a violation of NRC requirements from investigators).
- D (C) Disclosure could constitute an unwarranted invasion of personal privacy.
(D) The information consists of names of individuals and other information the disclosure of which could reasonably be expected to reveal D
- identities of confidential sources.
- D (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 rsoeciM
- I PART 11.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).
APPELLATE OFFICIAL DENYING OFFICIAL TITLE/OFFICE RECORDS DENIED EDD SECY IG Stephanie Blaney FOlA/P A Officer x 000 LJ D D Appeal. must be made in writing withi.n 30 days of receipt of this response. Appeals should be mailed to the FOIA/Privacy Act Officer, ODD 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 "FOIAIPA Appeal." \
NRC FORM 464 Part II (OB-2013)