ML20288A418

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NRC-2018-000096 - Resp 1, 3, 5, 6, 7, 11 & 12 - Interims, Interim Response 11 to NRC-2018-000096
ML20288A418
Person / Time
Issue date: 06/10/2020
From: Stephanie Blaney
Information Services Branch
To: Kolar J
Government Accountability Project
Shared Package
ML20288A411 List:
References
FOIA, NRC-2018-000096, NRC-2018-0003
Download: ML20288A418 (6)
v • d • e


Text

NRC FORM 464 Part I U.S. NUCLEAR REGULATORY COMMISSION NRC RESPONSE NUMBER

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o' TYPE INTERIM FINAL REQUESTER: DATE:

Jack Kolar, Government Accountability Project I I 06/10/2020 I

DESCRIPTION OF REQUESTED RECORDS:

Records corresponding to item 90, as further explained in the Comments Section, below.

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.gov/foiaonline/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 11 11 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-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 -- 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

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o' TYPE INTERIM FINAL PART I.D -- COMMENTS Item 90 asks for records pertaining to OIG allegation A13-07209, Special Project: NRC Regulatory Oversight. The Office of the Inspector General's response (interim 9) addressed the records originating with the OIG. With the exception of several records originating in one program office from which we are still awaiting views, this response addresses the records from this project file originating in program offices that the OIG referred to this office for response. Please note that, to the extent any of these program office records were compiled by the OIG as part of ongoing investigations, the Assistant Inspector General for Investigations has determined that they are exempt from disclosure under FOIA exemption 7(A). In addition to the enclosed records, we have also enclosed a listing of records that are already publicly available (and where they may be found.) We will issue another response once we have received the disclosure recommendations from the one remaining program office. We appreciate your continued patience.

Signature - Freedom of Information Act Officer or Designee Stephanie A. Blaney Digitally signed by Stephanie A. Blaney Date: 2020.06.10 10:15:48 -04'00'

NRC FORM 464 Part II U.S. NUCLEAR REGULATORY COMMISSION NRC (04-2018)

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INFORMATION ACT (FOIA) REQUEST DATE:

I 06/10/2020 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)).

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 personally identifiable, law enforcement, Stephanie A. Blaney FOIA Officer foreign government, copyright &

proprietary information; deliberations 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)

,NRC-2018-000096/103 item 90 Records publicly available in ADAMS:

1. ML110130097 - Trip Report: Training on the Design Certification of the AP1000 in China (August 2007) as released in response to FOIA/PA-2010-0290).
2. ML100200213 - Trip Report for Argentina from October 11-15, 2009, dated 10/15/2009.
3. ML091831230 - Trip Report for South Africa, March 23 to 27, 2009, dated 3/23/2009.
4. ML101090319 - NRC Foreign Trip Report to Egypt and Saudi Arabia January 18-23, 2010, dated 4/19/2010.
5. ML101090357 - NRC Foreign Trip Report to India January 29-February 5, 2010, dated 4/19/2010.
6. ML12178A614 - Trip Report - IAEA Meeting on Enhancing Communication Effectiveness and Transparency, dated 6/12/2012.
7. ML14346A582 - Trip Report - Danielle Emche - re: IAEA Meeting to Design Projects to Enhance Cradle to Grave Control of Radioactive Sources in the Mediterranean and Caribbean, dated 12/12/2014.
8. ML14349A121 - Trip Report - IAEA Global Nuclear Safety and Security Network Meeting - November 15-17, 2014, dated 12/15/2014.
9. ML15051A487 - Cooper Nuclear Station - Notification of NRC Component Design Bases Inspection 05000298/2015007 and Initial Request for Information, dated 2/20/2015.
10. ML16145A072 - LTR-16-0285, Senator Barbara Boxer et al., Letter re: degraded baffle former bolts at Indian Nuclear Power Plant, Salem Nuclear Plants, and Diablo Canyon Power Plant, dated 5/20/2016.
11. ML13141A599 - G20130397/LTR-13-0440: Letter to David Lochbaum, Union of Concerned Scientists from Chairman Macfarlane responds to his letter regarding the NRCs Enabling Unsafe and Illegal Operations - Palisades (Note: package contains both his incoming letter (ML13141A598) and the Chairmans response (ML13196A511)).
12. ML14294A751 - OEDO-14-00747 - Paul M. Blanch Ltr re: 2.206 - Violations of Regulations/Indian Point Nuclear Generating Units 2 and 3, dated 10/15/2014.
13. ML14171A511 - M140619: Slides - Fire When NOT Ready, Briefing on NFPA 805 Fire Protection, dated 6/19/2014 (pp 30-56 of PDF)
14. ML13351A195 - Regulatory Issue Summary (RIS)-14-01 Regulatory Requirements for Withholding of Proprietary Information from Public Disclosure, dated 1/10/2014.
15. ML14008A341 - M140105B: Scheduling Note and Slides - Flooding Hazards, Briefing on Flooding and Other Extreme Weather Events Part 2 of 2, dated 1/6/2014 (pp 31-56 of PDF).
16. ML080370453 - NRC Information Notice 2008-03: Precautions to Take before Sharing Sensitive Security-Related Information, dated 5/16/2008.
17. ML15306A580 - IR 05000483/2015003; on 6/21/2015 - 9/19/2015; Callaway Plant; Licensed Operator Requalification Program and Licensed Operator Performance, Operability Determinations and Functionality Assessments, and Radiation Monitoring Instrumentation, dated 11/2/2015.
18. ML15036A620 - IR05000483/2014005, Sept. 20, 2014 - Dec. 31, 2014; Callaway Plant, Integrated Resident and Regional Report; Maintenance Effectiveness and Reactor Vessel Head Replacement, dated 2/4/2015.
19. ML121020108 - SECY-12-0064 - Recommendations for Policy and Technical Direction to Revise Radiation Protection Regulation Guidance, dated 4/25/2012, and its five enclosures (ML121020119, ML12102025, ML121020128, ML121020132, and ML121020133).
20. ML12352A133 - SRM-SECY-0064 - Recommendations for Policy and Technical Direction to Revise Radiation Protection Regulation Guidance, dated 12/17/2012.
21. ML090920103 - SRM-SECY-08-0197 - Options to Revise Radiation Protection Regulations and Guidance with Respect to the 2007 Recommendations of the International Commission on Radiological Protection, dated 4/2/2009.
22. ML070660506 - Draft Management Directive and Handbook 10.158, NRC Non-Concurrence Process, dated 3/7/2007.
23. ML102800226 - OIG-11-A-02, Audit of NRCs Non-Concurrence Process, dated October 7, 2010.
24. ML16015A175 - Transcript of January 11, 2016 Hearing re Turkey Point Units 3 and 4, Pages 259-513, with attachments.
25. ML16015A177 - Transcript of January 12, 2016 Hearing re Turkey Point Units 3 and 4, Pages 514-571.
26. ML16089A345 - LTS-16-0160: Thomas Saporito 2.206 Petition - Attachment 2, dated March 8, 2016 1 0F
27. ML16132A182 - Attachments 3 through 13 in support of the 2.206 Enforcement Petition Related to the FPL Turkey Point Nuclear Plant, dated May 11, 2016 (see footnote 1)
28. ML14349A485 - NRC letter to PG&E, dated December 15, 2014,

Subject:

IR 05000275/2014008 and 05000323/2014008, Sept. 10, 2014 - Nov. 13, 2014, Diablo Canyon, Focused Baseline Inspection Report.

29. ML14253A339 - Entergy letter to NRC,

Subject:

10 C.F.R. 50.59 Safety Evaluation and Supporting Analyses Prepared in Response to the Algonquin Incremental Market Natural Gas Project Indian Point Nuclear Generating Unit Nos. 2 & 3, dated August 21, 2014.

30. ML111320311 - IR 05000247/2011009; April 18, 2011 - August 27, 2011; Indian Point Generating Unit 2; Temporary Instruction 2515.173 - Follow-up to the Fukushima Daiichi Nuclear Station Fuel Damage Event, dated May 13, 2011.
31. ML15285A019 - Licensee Event Report (LER) 2015-004-00, dated October 12, 2015.
32. ML15274A489 - Licensee Event Report (LER) 2015-003-00, dated October 1, 2015.

Records publicly available on www.nrc.gov:

1. Event Notification 51308, dated August 11, 2015, https://www.nrc.gov/reading-rm/doc-collections/event-status/event/2015/20150811en.html#en51308
2. Fire When NOT Ready, dated June 19, 2014, https://www.nrc.gov/reading-rm/doc-collections/commission/slides/2014/20140619/.

1 There is neither an Attachment 1 nor 11 associated with this petition.

Records Published in the Federal Register:

1. 52 Fed. Reg. 49362 (Dec. 31,1987) - Completeness and Accuracy of Information, Final rule and statement of policy.
2. 79 Fed. Reg. 43284 (July 25, 2014) - Radiation Protection, Advance notice of proposed rulemaking: request for comments.
3. 80 Fed. Reg. 25237 (May 4, 2015) - Reactor Affluents, Advance notice of proposed rulemaking; request for comments.

Records publicly available on other websites:

1. GAO-13-8, Nuclear Regulatory Commission, Oversight and Status of Implementing a Risk-Informed Approach to Fire Safety, dated October 2012, https://www.gao.gov/products/GAO-13-8.No .
2. No More Fukushimas; No More Fort Calhoun, published February 20, 2015, https://www.ucsusa.org/resources/no-more-fukushimas-no-more-fort-calhouns.
3. Fire When NOT Ready, a report co-authored by Paul Gunter, Director, Reactor Oversight Project, Beyond Nuclear, Jim Warren, Executive Director, NC Warn, and David Lochbaum, then-Director, Nuclear Safety Project, Union of Concerned Scientists, dated October 2008, https://www.ucsusa.org/resources/fire-when-not-ready.
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