ML19273A913
| ML19273A913 | |
| Person / Time | |
|---|---|
| Issue date: | 09/27/2019 |
| From: | Stephanie Blaney NRC/OCIO |
| To: | Hulac B CQ Roll Call |
| References | |
| FOIA, NRC-2019-000186 | |
| Download: ML19273A913 (3) | |
Text
NRC FORM 464 Part I U.S. NUCLEAR REGULATORY COMMISSION NRC RESPONSE NUMBER (06-2019)
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RESPONSE
TYPE D INTERIM FINAL REQUESTER: DATE:
IBenjamin Hulac 11 09/27/2019 I
DESCRIPTION OF REQUESTED RECORDS:
All records identifying costs to decommission the Diablo Canyon nuclear power plant, owned by Pacific Gas & Electric Co., generated in the past calendar year.
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://
0 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.gov/foiaonline/action/public/home.
D Agency records subject to ttie 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 Since the minimum fee threshold was not met, AMOUNT D You will be billed by NRC for the amount indicated.
D you will not be charged fees.
11 D You will receive a refund for the amount indicated.
0 Due to our delayed response, you will not be charged search and/or duplication fees that 11 D Fees waived.
would otherwise be applicable to your request.
PART 1.8--INFORM ATION 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"). 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.
0 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 D the responses we have issued in response to your re_quest 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, 0 address it to the FOIA Officer, at U.S. Nuclear Regulatory Commission, Mail Stop T-6 A60M, 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. Please be sure to include on your submission that it is a "FOIA Appeal." Only a pre-registered user may file an appeal through FOIA Online, https://
foiaonline.gov/foiaonline/action/public/home. A user who has not registered an account prior to filing the initial FOIA request may still submit their appeal by one of the above mentioned options.
PART I.C--REFERE NCES 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) 4_15-1276.
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 O.GIS website at https://www.archives.gov/ogis.
NRC FORM 464 Part I U.S. NUCLEAR REGULATORY COMMISSION NRC RESPONSE NUMBER (06-2019)
RESPONSE TO FREEDOM OF 1 2019-000186 1 11 INFORMATION ACT (FOIA) REQUEST RESPONSE TYPE D INTERIM I./ I FINAL PART I.D -* COMMENTS We reached out to the offices of Nuclear Reactor Regulation (NRR), Region IV (RIV), and Nuclear Material Safety &
Safeguards (NMSS) to search for any records responsive to your request. NRC staff identified the following records that are maintained in the NRC's Agencywide Documents Access and Management System (ADAMS).
- ML190958782 is the package containing Pacific Gas & Electric (PG&E)'s most recent Decommissioning Funding Report submittal. This package contains two separate records. The first record, ML190948870, is the licensee's letter and Enclosures 1-5 and 7 (2.390 affidavit). Please note that Enclosure 5 is a proprietary version of its Decommissioning Cost Estimate for Diablo Canyon Power Plant Unit 1 and 2 that is not publicly available. The second record, ML190948777, is Enclosure 6, which is a redacted version of this cost estimate. Based upon the licensee's 2.390 affidavit and NRC staffs review, we have determined that the redacted portions of the cost estimate corisist of proprietary information that is withheld under FOIA exempti_ori 4.
You may also wish to refer to these other publicly available records:
- 1. ML19163A104 - D1ablo Canyon Nuclear Power Plant, Unit Nos. 1 and 2 -Letter Re: Exemptions from The Requirements of 10 CFR PART 50 Sections 50.82(a)(8)(i)(A)And 50.82(a)(~)(ii) (EPID L-2018-LLE-0023) .
2.ML18348A420 - Summary of November 29, 2018 Public Meeting with [PG&E] to discuss the proposed exemption request to withdraw funds from the Nuclear Decommissioning Trusts to Fund Decommissioning Planning Activities at Diablo Canyon Nuclear Power Plant, Units 1 and 2
- 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 obtaining these records, please contact the NRC's public document room at 301-415-4737 or 1-800-397-4209 or by email to PDR.Resource@nrc.gov.
Signature - Freedom of Information Act Officer or Designee Stephanie A. Blaney \ Digitally signed by Stephanie A. Blaney
- Date: 2019.09.27 06:12:08 -04'00' I
NRC FORM 464 Part II U.S. NUCLEAR REGULATORY COMMISSION NRC (04-2018)
RESPONSE TO FREEDOM OF I 2019-0001 a6 INFORMATION ACT (FOIA) REQUEST DATE:
1 09121,2019 PART II.A -- APPLICABLE EXEMPTIONS Records subject to the request are being withheld in their entirety or in part under the FOIA exernption(s) as indicated below (5 U.S.C. 552(b)).
D Exemption 1: The withheld information is prol?erly 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 th_e 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) l..!'..J indicated.
171 The information is considered to be proprietary because it concerns a licensee's or applicant's physical protection or material control and L!'..J accounting program for special nuclear material pursuant to 10 CFR 2.390(d)(1).
D 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 _confiderice 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.
D Exemption 6: The withheld information froin a personnel, medical, or similar file, is exempted from public disclosure because its disclosure would result in a clearly unwarranted invasion of personal privacy. . . .
D ~emption 7: The withheld information consists of records compiled for law enforcement purposes anc;I is being withheld for th_e reason(s) indicated.
D (A) Disclosure could reasonably be expected t6 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 ottier 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.
D (F) Disclosure could reasonably be expected to endanger the life or physical safety of any individual.
D Other:
PART I_I.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.
DENYING OFFICIAL APPELLATE OFFICIAL TITLE/OFFICE RECORDS DENIED EDO SECY Stephanie Blaney FOIA Officer 11 confidential commercial or financial (proprietary) Information [ZJ D 11 I I D D Select Title/Office from drop-down list I 11 I I D D Select Title/Office from drop-down list I 11 11 I D D Select Title/Office from drop-down list I 11 11 NRC Form 464 Part II (04-2018)