ML19219A067
| ML19219A067 | |
| Person / Time | |
|---|---|
| Issue date: | 08/02/2019 |
| From: | Karen Danoff NRC/OCIO |
| To: | Miranda S - No Known Affiliation |
| Shared Package | |
| ML19219A087 | List: |
| References | |
| FOIA, NRC-2017-000292 | |
| Download: ML19219A067 (3) | |
Text
NRC FORM 464 Part I U.S. NUCLEAR REGULATORY COMMISSION NRC RESPONSE NUMBER (04-2018)
RESPONSE TO FREEDOM OF 2017-000292 2 INFORMATION ACT (FOIA) REQUEST RESPONSE TYPE INTERIM FINAL REQUESTER: DATE:
Samuel Miranda 08/02/2019 DESCRIPTION OF REQUESTED RECORDS:
All records relating to Exelon's appeals dated December 8, 2015 (ML15342A112) and June 22, 2016 (ML16154A254) of the NRC staff's backfit order of October 9, 2015 (ML14225A871) that was directed to the Braidwood Station, Units 1 and 2, and the Byron Station, Units 1 and 2.
PART I. -- INFORMATION RELEASED The NRC has made some, or all, of the requested records publicly available through one or more of the following means:
(1) https://www.nrc.gov; (2) public ADAMS, https://www.nrc.gov/reading-rm/adams.html; (3) microfiche available in the NRC Public Document Room; or FOIA Online, https://foiaonline.regulations.gov/foia/action/public/home.
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 referred to that agency (See Part I.D -- Comments) for a disclosure determination and direct response to you.
We are continuing to process your request.
See Part I.D -- Comments.
PART I.A -- FEES You will be billed by NRC for the amount indicated. Since the minimum fee threshold was not met, AMOUNT you will not be charged fees.
You will receive a refund for the amount indicated.
Due to our delayed response, you will not be Fees waived. charged search and/or duplication fees that would otherwise be applicable to your request.
PART I.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 enforcement and national security records as not subject to the FOIA ("exclusions"). See 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. If you submit an appeal by mail, address it to the FOIA Officer, at U.S. Nuclear Regulatory Commission, Mail Stop T-2 F43, Washington, D.C. 20555-0001. You may submit an appeal by e-mail to FOIA.resource@nrc.gov. You may fax an appeal to (301) 415-5130. Or you may submit an appeal through FOIA Online, https://foiaonline.regulations.gov/foia/action/public/home. Please be sure to include on your submission that it is a FOIA Appeal.
PART I.C -- REFERENCES AND POINTS OF CONTACT You have the right to seek assistance from the NRC's FOIA Public Liaison by submitting your inquiry at https://www.nrc.gov/reading-rm/
foia/contact-foia.html, or by calling the FOIA Public Liaison at (301) 415-1276.
If we have denied your request, you have the right to seek dispute resolution services from the NRC's Public Liaison or the Office of Government Information Services (OGIS). To seek dispute resolution services from OGIS, you may e-mail OGIS at ogis@nara.gov, send a fax to (202) 741-5789, or send a letter to: Office of Government Information Services, National Archives and Records Administration, 8601 Adelphi Road, College Park, MD 20740-6001. For additional information about OGIS, please visit the OGIS website at https://www.archives.gov/ogis.
NRC FORM 464 Part I U.S. NUCLEAR REGULATORY COMMISSION NRC RESPONSE NUMBER (04-2018)
RESPONSE TO FREEDOM OF 2017-000292 2 INFORMATION ACT (FOIA) REQUEST RESPONSE TYPE INTERIM FINAL PART I.D -- COMMENTS In interim response #1, we addressed records located by the offices of the Chief Human Capital Officer (OCHCO) and Administration (ADM), as well as many records already available to the public in ADAMS. In this response, we address records located by the offices of the Executive Director for Operations (EDO), General Counsel (OGC), Nuclear Reactor Regulation (NRR), Region II, and Region III. Some of the records from these offices, as well as records located by staff in the offices of New Reactors (NRO) and Nuclear Regulatory Research (RES), will be addressed in one or more future responses. To the extent the released records identify other records that are already publicly available, we have included a notation on the page of the released record where you may locate that record, including the ADAMS accession number.
There is one additional Byron/Braidwood record determined to be responsive to your request that is publicly available in ADAMS:
ML14184B061 -Braidwood Station, Units 1 and 2, and Byron Station, Units 1 and 2 - Imposition of Facility-Specific Backfit re: Compliance with Licensing Basis Plant Design Requirements (TAC MF 3206), dated 07/09/2014.
In addition, there are five records referenced by the Panel members as background material, which were publicly available on microfiche in the Public Document Room, and have now been added to ADAMS:
ML19204A040 - Licensee Correspondence, Supplement to Technical Specification Amendment Pertaining to Primary Containment and Reactor Coolant System Volume, dated 12/09/1997.
ML19204A035 - Licensee Correspondence, Commonwealth Edison Co. Plan to Resolve Spurious Safety Injection at Power, dated 12/19/1997.
ML19204A037 - Licensee Correspondence, Request for Additional Information [RAI]- Byron Station, Units 1 & 2, and Braidwood Station, Units 1 & 2, dated 05/13/1999.
ML19204A038 - Licensee Correspondence, RAI Regarding License Amendment Request to Credit Automatic Power-Operated Relief Valve (PORV) Operation for Mitigation of Inadvertent Safety Injection at.., dated 07/16/1999.
ML19204A039 - Licensee Correspondence, Application for Amendment to Facility Operating Licenses, dated 05/29/1998.
Please note, as our office discussed with you (in the context of another request of yours, NRC-2019-000294), although we have released your email address, we have redacted your personal telephone numbers (home and cell) on personal privacy grounds (and FOIA exemption 6), in light of our intention to make our response publicly available.
Portions of several multi-subject documents, which relate to matters other than the subject of your request, have been considered non-responsive records.
We hope to complete our processing of the remaining records over the next several weeks. We appreciate your continued patience.
Signature - Freedom of Information Act Officer or Designee Karen E. Danoff Digitally signed by Karen E. Danoff Date: 2019.08.02 09:36:27 -04'00'
NRC FORM 464 Part II U.S. NUCLEAR REGULATORY COMMISSION NRC (04-2018) 2017-000292#2 RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST DATE:
08/02/2019 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)).
Exemption 1: The withheld information is properly classified pursuant to an Executive Order protecting national security information.
Exemption 2: The withheld information relates solely to the internal personnel rules and practices of NRC.
Exemption 3: The withheld information is specifically exempted from public disclosure by the statute indicated.
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).
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 Other:
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 accounting program for special nuclear material pursuant to 10 CFR 2.390(d)(1).
The information is considered to be another type of confidential business (proprietary) information.
The information was submitted by a foreign source and received in confidence pursuant to 10 CFR 2.390(d)(2).
Exemption 5: The withheld information consists of interagency or intraagency records that are normally privileged in civil litigation.
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 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.
(A) Disclosure could reasonably be expected to interfere with an open enforcement proceeding.
(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 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 any individual.
Other:
PART II.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 cell numbers & personal email addresses; Stephanie A. Blaney FOIA Officer drafts & other deliberations; attorney-client advice; S&P Global Platts "Inside NRC" Select Title/Office from drop-down list Select Title/Office from drop-down list Select Title/Office from drop-down list NRC Form 464 Part II (04-2018)