ML19276D460
| ML19276D460 | |
| Person / Time | |
|---|---|
| Issue date: | 10/02/2019 |
| From: | Stephanie Blaney NRC/OCIO |
| To: | Leyse R - No Known Affiliation |
| References | |
| FOIA, NRC-2019-000390 | |
| Download: ML19276D460 (3) | |
Text
NRC FORM 464 Part I U.S. lfJCLEAR REGULATORY COMMISSION
- NRC, RESPONSE NUMBER (0,4-2018)
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I 2019-000390 11 1
I RESPONSE TO FREEDOM OF I
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INFORMATION ACT (FOIA) REQUEST RESPONSE D INTERIM 0 FINAL TYPE REQUESTER:
DATE:
!Robert Leyse 11 10/02/2019 I DESCRIPTION OF REQUESTED RECORDS:
Each of the listed INPO, NSAC, or NSAC/INPO records referenced in ESBWR Licensing Topical Report NED0-33262 (Rev. 2), submitted by GE Hitachi Nuclear Energy, which which may be found in ADAMS as ML081560316.
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 !lwww ore gov; (2) public ADAMS, https llwww nrc gov/readiog--rroLadams hbnL (3) microfiche available in the NRC Public Document Room; or FOIA Online, httgs /1to1aonlioe regulations gov/fQ1aLac;;t1oolQublic/horne D Agency records subfect to the request are enclosed
- o 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.
D We are continuing to process your request 0
See Part I.D - Comments.
PART I.A - FEES 11 11 D You will be bllled by NRC for the amount Indicated. D Since the minimum fee threshold was not met, AMOUNT you will not be charged fees.
D You will recelV8 a refund for the amount indicated.
D Due to our delayed response, you will not be D Fees waived charged search and/or duplication fees that would otherwise be applicable to your request PART 1.8 - 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 categones of law enforcement and national secunty records as not subJ~ to the FOIA ("exclusions") See 5 USC 552(c) This 1s a standard notification given to.all requesters, it should not be taken to mean that any excluded records do, or do not, eXJst 0
We have withheld certain Information pursuant to the FOIA exemptions descnbed, and for the reasons stated, in Part II
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Because this 1s an lntenm response to your request, you may not appeal at this time We will notrfy you of your nght to appeal any of the responses we have issued in response to your request when we issue our final determination 0
You may appeal this final determination within 90 caler:idar days of the date of this response. If you submrt an appeal by mall, add~ rt 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, httQs llfo1aonllne [eQulabons go'ilfo1alaci1oolpubl1clborne Please be sure to include on your submission that It is a "FOIA Appeal."
l PART I.C ** REFERENCES AND POINTS OF CONTACT You have the nght to seek assistance from the NRC's FOIA Public Liaison by submitting your inquiry at https Uwww me 1,1o'ilreadmg-anl fo1a/contaci-fola btrnL or by calllng 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 Offi~ of Government Information Sel'Vlces (OGIS). To seek dispute resolution services from OGIS, you may e-ma1l*OGIS at ogis@nara gov, send a fax to (202) 7 41-5789, or send a letter to: Office of Government Information Services, National Archives and Records Administration, 8601 Adelphi Road, College Park, MD 20740-6001. For addrtlonal Information about OGIS, please visit the OGIS website at bttps //WWW 8[ch1yes QOYLOQIS
U.S. NUCLEAR REGULATORY COMIISSION RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST PART I.D - COMMENTS NRC RESPONSE NUMBER 1
2019-0003 90 11 I
RE~;sE D INTERIM !./ I FINAL As an initial matter, we note that you requested these same records many years ago; in response to that request, which was designated FOINPA-2008-0322, our office withheld in their entirety the records that the NRG was able to locate under FOlA exemption 4, and identified identified 13 records that the NRG was unable to locate.
Upon receipt of this request, we reached out to staff in the Office of Nuclear Reactor.Regulation (NRR) to ascertain whether the NRG now has copies of these 13 records. NRR staff informed our office that, under the Memorandum of Agreement wrth the Institute of Nuclear Power Operations (INPO), the NRG 1s not provided access to INPO Nuclear Network OE reports, nor does the NRG have access to the records originated by the Nuclear Science Advisory Committee (NSAC). r,Ne note that, according to its website, the NSAC is an advisory committee that provides official advice to the Department of Energy and the National Science Foundation on the national program for basic nuclear science research. See https.//
WWW.energy gov/science/np/nuclear-sc1ence-advisory-committee-nsac). NRR staff informed us that they were unable to locate an INPO Significant Event Report with the title "In Preparation - Inventory Drain Down " NRR staff also informed us that, although they were not able to locate a joint NSAC/INPO report entitled Significant Event Report 56-81, "Loss of Station and Reserve Auxiliary Power," they did locate an INPO Significant Event Report 56-81 with the same name NRR staff is unfamiliar with any publication called an INPO Nuclear Network WE entry or report and NRR staff reached out to their point of contact at INPO who informed them that there is no such pubhcat1on.
Wrth respect to the INPO records that NRG does maintain, as required by our FOlA regulations, we reached out to INPO representatives to ascertain their disclosure views INPO confirmed that these reports are considered to be confidential commercial information Accordingly, they are being withheld in their entirety under FOlA exemption 4. See Part II.
Sia nature - Freedom of lnfonnatlon Act Officer or Deaklnee Stephanie A. Blaney r Digitally signed by Stephanie A. Blaney
./ Gate: 2019.10.02 10:41 :23 -04'00' I
U.S. NUCLEAR REGULATORY COMIISSION NRC NRC FORM 414 Part U (0,4-2018)
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RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST 1
2019-000390 DATE:
1 10,0212019 PART II.A - APPLICABLE EXEMPTIONS Records subject to the request are being withheld m their enbrety or In part under the FOIA exemptlon(s) as Indicated below (5 U.S C. 552(b)).
D Exemption 1 The withheld nformatlon fs properly classified pursuant lo an Executrve Order protecting nabonal secunty information D Exemption 2 The withheld nformetlon relatell solely to the ntamal personnel rule! end pracbces of NRC D Exemption 3. The withheld nformatlon 1s apeaftcaDy exempted from pubhc disclosure by the Btatute lndJCSted D Secbons 141-145 of the Alomic Energy Act, wt11ch prohibits the dlSc:lollur11 of Reetncted Data or Formerly Restricted Data (42 U S.C 2161-2165).
D Secbon 147 of the Atomic Energy Act, which prohibits the disclosure of Unclanllied Safeguards Information (42 U.S C. 2167).
D 41 U.S C. 4702(b), which proh1brts the disclosure of contractor proposals, except when ncorporated Into the contract between the agency end the D Other r7] Exemption '4 The withheld lllformatlon Is a trade secret or confidential commercial or financial information that Is bemg wrthheld for the reason(11)
L!..J lndJCS!ed.
D The information 1s considered to be proprietary because H concerns a licensee's or appllcanfs physical protection or material control and accounting program for special nuclear material pursuant to 10 CFR 2 390(d)(1).
[{] The information Is co~ to be another type of confidential busmess (proprietary) Information.
D The Information was submitted by a foreign source and received 1n confidence pursuant to 10 CFR 2.390(d)(2)
D Exemption 5 The withheld lllformaton COOSlllts of 1nteragency or lntraagency records that are normally pnvlleged a, aVII bbgabon.
D Deliberative process prMlege D Attorney work product prlviege D Attorney-chant pnviege D
Exemption 6: The withheld lnformal!on from a peJ'BOOfl81, medlC!ll, or 111m liar file, is exempted from pubbc dJSCloeure because rts dJ8cf 011Ure would result m a clearly unwarranted ll1V8SIOO of p8f'80nal pnvacy D Exemption 7 The withheld mformatlon consists of records complied for law enforcement purp01!811 and JS being wrthheld for the reason(11) ndJCated D (A) Disclosure could reasonably be expected to Interfere wrth an open enforcement proceedng.
D (C) Dllldosure could reasonably be expected to constitute an lEIW8l'l'8llted lnVBS10n of personal pnvacy.
D (D) The lllformabon con!IISts of names and other information the dlSclosure of which could reasooably be expected to reveal ldentrtles of confidential SOUJ'C811.
D (E) Dt8dosure would reY811I techniques end procedures for law enforcement lllV8Sbgations or prosecutions, or gu1dehn011 that could reasooably be expected to nsk arcumvenbon of the law.
D (F) Disclosure could reasonably be expected to endanger the lrfe or physical safety of any 1ndMdual.
D Other PART 11.B - DENYING OFFICIALS In accordance with 10 CFR 9.26(g) and 9.25(h) of the U.S. Nuclear Regulatory Commission regulations, the offlclal(a) listed below have made the detennlnatlon to withhold certain lnfonnatlon responsive to your request.
DENYING OFFICIAL TITLE/OFFICE RECORDS DENIED APl'ELLATI! OfRCIAL l!DO ACY Stephanie A Blaney 11 FOIA Officer 11 INPO repocb I 0 D
11 Select Trtle/Offlce from drop-down 11st 11 I D D 11 Select Trtle/Offlce from drop-down list II.
I D D 11 Select Trtle/Office from drop-down list 11 I D D NRG Form 464 Part II (04-2018)