ML18081A191
| ML18081A191 | |
| Person / Time | |
|---|---|
| Issue date: | 03/06/2018 |
| From: | Stephanie Blaney Information Services Branch |
| To: | Curran D Harmon, Curran, Harmon, Curran, Spielberg & Eisenberg, LLP |
| References | |
| FOIA, NRC-2016-000558 | |
| Download: ML18081A191 (2) | |
Text
NRC FORM 464 Part I U.S. NUCLEAR REGULA TORY COMMISSION FOIA - RESPONSE NUMBER (03-2017)
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INFORMATION ACT (FOIA) REQUEST RESPONSE TYPE D INTERIM [Z] FINAL REQUESTER: *DA-TE:
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DESCRIPTION OF REQUESTED RECORDS:
Communications and analysis of the Exelon's Oyster Creek "Request for Extension to Comply with NRC Order EA-2013-109 Modifying Licenses with Regard to Reliable Hardened Containment Vent Capable of Operation Und~r Severe Accident Conditions" and the NRC decision regarding EA-2013-109.
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 hllp~://www.nrc.gov/re!aQID_g-rm/foia/contac.1:foia.html D Agency records subject to the request are already available on the Public NRC Website, in Public ADAMS or on microfiche in the NRC Public Document Room.
[Z] 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.
[Z] See Comments.
PART I.A ** FEES NO FEES AMOUNT"
$0.00 D You will be billed by NRC for the amount listed.
D Minimum fee threshold not met.
11 II D You will receive a refund for the amount listed ..
D notDue to our delayed response, you will
- see Comments for detalls [Z] Fees waived. be charged fees.
PART 1.8 --INFORMATION NOT LOCATED OR WITHHELQ FROM DISCLOSURE D We did not locate any agency records responsive to your request. Note: Agencies may treat three discrete categories of law 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. .
[Z] 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.
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, Washin~ton, D.C. 20555-0001, orfotA.ResQtJrC!z@,nrc:;,illl~ Please be
[Z] 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, orjthe Office of Government Information Services (OGIS). Contact information for OGIS is available at htl12§.:l/Qgis...,filQOOLes.gov/aRQ.1J_t:_ggi§/.QQll.6l£t*infQrm2tiQn.bt01 PART I.C COMMENTS ( Use attached Comments continuation page if required)
This is the third (final) release ofresponsive documents to your FOIA request. Licensee employees' names and their contact information are redacted under (b)(6) for personal privacy reasons.
The FOIA case number assigned to interim responses 1 and 2 was FOINPA-2016-0558. The case number is now NRC-2016-000558 due to NRC's new FOIA processing software.
The requester for interim responses 1 and 2 has now also changed for the final response, per 2/6/17 email from requester cited above.
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I NRG Form 464 Part I (03-2017) ct...__,A~d Continuation Page J I Delete Continuation Page I Page 2 of2
NRC FORM 464 Part II U.S. NUCLEAR REGULATORY COMMISSION FOIA (03-2017)
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i RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST I NRC-2016-000558 DATE:
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"' ...... rl I~ ,_2 o201a 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.
D Exemption 2: The withheld information relates solely to the internal personnel rules and practices of NRC.
D Exemption 3: The withheid 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 and the D submitter of the proposal.
Exemption 4: The withheld information is a trade secret or confidential commercial or financial information that is being withheld for the reason(s)
D 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).
0 Exemption 5: The withheld information consists of interagency or intraagency records that are normally privileged in civil litigation.
0 Deliberative process privilege.
~ Attorney work product privilege.
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
[ZJ in a clearly unwarranted invasion of personal privacy.
D Exemption 7: The withheld information consists of records compiled for Jaw 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 Jaw.
D (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 EDD SECY I Stephanie Blaney 11 FOIA Officer/OCIO 11 I IZJ D 11 I D D II I I D D Appeals must be made in writing within 90 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 FOIA.Re~ource@nrc.gpv. Please be sure to include on your letter.or email that it is a "FOIA Appeal."
NRC Form 464 Part II (03-2017) Page 1 of 1