ML19261A073

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NRC-2019-000239 - Resp 2 - Final
ML19261A073
Person / Time
Site: San Onofre  Southern California Edison icon.png
Issue date: 09/09/2019
From: Stephanie Blaney
Information Services Branch
To: Aguirre M
Aguirre & Severson, LLP
Shared Package
ML19261A068 List:
References
FOIA, NRC-2019-000239
Download: ML19261A073 (3)


Text

NRC FORM 464 Part I U.S. NUCLEAR REGULATORY COMMISSION NRC RESPONSE NUMBER (04-2018)

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0 RESPONSE TO FREEDOM OF I 2019-000239 2 I

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. INFORMATION ACT (FOIA) REQUEST RESPONSE TYPE D 11 INTERIM 0 FINAL REQUESTER: DATE:

!Michael Aguirre 09/09/2019 11 I DESCRIPTION OF REQUESTED RECORDS:

All records of communications from 11 /29/ 18 to 3/21/19 between Southern California Edison (SCE) and the NRC with respect to the NRC's enforcement decisions stemming from the NRC Special Inspection that evaluated an August 3, 2018 incident at SONGS during fuel transfer operations, which was the subject of a March 25, 2019 public meeting.

PART I. -- INFORMATION RELEASED D 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.

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 referred to D that agency (See Part I.D -- Comments) for a disclosure determination and direct response to you.

D We are continuing to process your request.

0 See Part I.D -- Comments.

PART I.A -- FEES AMOUNT D You will be billed by NRC for the amount indicated .

D Since the minimum fee threshold was not met, you will not be charged fees.

D You will receive a refund for the amount indicated .

Due to our delayed response , you will not be 11 11 D Fees waived. 0 charged search and/or duplication fees that would otherwise be applicable to your request.

PART I.B -- INFORMATION NOT LOCATED OR WITHHELD 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"). 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.

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

D Because this is an interim re sponse 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 req uest when we issue our final determination.

0 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 Reg ulatory 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 throu gh FOIA Online, httQs ://foiaonline.regulations.gov/foia/action/Qublic/home. Please be su re to include on your submission that it is a "FOIA Appeal."

PART 1.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 I 2019-000239 11 2

INFORMATION ACT (FOIA) REQUEST RE~~~SE D INTERIM I./ I FINAL PART I.D -- COMMENTS This is the second, and final, response to your request.

The following documents consist of information that the NRC determined, after conferring with the licensee and NRC staff, is proprietary to the licensee. Accordingly, these documents are being withheld in their entirety under FOIA exemption 4:

(1) HSP-320: Standard Remedial Work Practices In Fabrication Of Safety Significant Components, Rev, 35 (2) HPP-2464-400 - MPC Transfer at SONGS (3) HPP-2464-500 - MPC Unloading at SONGS (4) Holtec Position Paper DS-330 , Technical Justification for the Pre-approved Conditions in HSP-320, Rev. 3 Holtec Dry (5) Storage Position Paper DS-469, Incidence and Consequence of Canister Shell Scratching From Misaligned Insertion of a Loaded MPC at SONGS, Rev. 1 (6) Event Response Plan , Rev. 11 (7) Hl-2188437 - Incidence and Consequence of Canister Shell Wear Scars From Misaligned Insertion of a Loaded MPC At SONGS (8) HPP-2464-100- MPC Pre-:-Operation Inspection, Rev. 10 (9) HPP-2464-200 - MPC Loading , Rev. 14 (10) HPP-2464-300- MPC Sealing, Rev. 13 (11) HPP-2464-600 - Responding to Abnormal Conditions, Rev. 9 (12) PS-223 - Procurement Specification For Safety Significant Rigging, Rev. 0 (13) PS-1234 - Purchase Specification For The MPC Downloading Sling For Downloading using The VCT (14) Hl-2156626 - VCT Stability Analysis on Route To ISFSI Pad and On ISFSI Pad For SONGS (15) PS-3209 - Purchase Specification For the MPC Lift Cleats For The hi-Storm FW System, Rev. 3; and (16) Vendor Documentation

( 17) Load Shackle Certifications Signature - Freedom of Information Act Officer or Designee Digitally signed by Stephanie A. Blaney Stephanie A. Blaney Date: 2019.09.09 06:29:11 -04'00'

NRC FORM 464 Part II U.S. NUCLEAR REGULATORY COMMISSION NRC (04-2018) 1 2019-000239 RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST DATE:

1 0910912 o19 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).

D 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 Other:

171 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 ).

[ZJ The information is considered to be another type of 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 D in a clearly unwarranted invasion of personal privacy.

[ZJ Exemption 7: The with held 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.

[ZJ (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 gu idelines that could reasonably be D expected to risk circumvention of the law .

D (F) Disclosure cou ld reasonably be expected to endanger the life or physical safety of any individual.

D Other:

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.

APPEL LA TE OFFICIAL DENYING OFFICIAL TITLE/OFFICE RECORDS DENIED EDO SECY Stephanie A. Blaney I

FOIA Officer I

personal email address, conference call passcode, and proprietary Information 0 D I I Select Title/Office from drop-down list I I D D I I Select Title/Office from drop-down list I I D D Select Title/Office from drop-down list I I D D I I NRG Form 464 Part II (04-2018)