NRC-2016-0007, NRC-2016-000731, Request for ML16236A019, 2014 Jan. 9 Mpg Video of the Flooding at St. Lucie, D43 MOV03976 Mpg, and ML16236A021, 2014 May 27 and 2014 June 5 E-Mails Concerning the St. Lucie Jan. 9 Reactor Auxiliary Building Flooding Vi

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NRC-2016-000731, Request for ML16236A019, 2014 Jan. 9 Mpg Video of the Flooding at St. Lucie, D43 MOV03976 Mpg, and ML16236A021, 2014 May 27 and 2014 June 5 E-Mails Concerning the St. Lucie Jan. 9 Reactor Auxiliary Building Flooding Video
ML20294A139
Person / Time
Site: Saint Lucie  NextEra Energy icon.png
Issue date: 09/13/2016
From: Hixson L
Enformable
To:
NRC/OCIO
Shared Package
ML20294A138 List:
References
FOIA, NRC-2016-000731
Download: ML20294A139 (6)
v • d • e


Text

CASE NO: 2016-0731 DATE REC'D: 9/14/2016 SPECIALIST:

RELATED CASE: From The Desk Of:

Lucas Hixson P.O. Box 273 Bath, MI 48808 (312) 725-6596 lhixson@environserve.com U.S. Nuclear Regulatory Commission Mail Stop T-5 F09 Washington, DC 20555-0001 FOIA.resource@nrc.gov Tuesday, September 13th, 2016

SUBJECT:

FOIA Request for Responsive Records To Whom It May Concern; In a Presidential Memo dated January 21st, 2009, President Barack Obama declared the following policy for Executive Branch agencies:

The Freedom of Information Act should be administered with a clear presumption: In the face of doubt, openness prevails. All agencies should adopt a presumption in favor of disclosure, in order to renew their commitment to the principles embodied in FOIA, and to usher in a new era of open Government. The presumption of disclosure should be applied to all decisions involving FOIA.

The Presidents policy of openness was reiterated in guidelines issued on March 19th, 2009 by Attorney General Eric Holder. Contained in those guidelines was the following direction:

First, an agency should not withhold information simply because it may do so legally. I strongly encourage agencies to make discretionary disclosures of information. An agency should not withhold records merely because it can demonstrate, as a technical matter, that the records fall within the scope of a FOIA exemption.

Pursuant to the federal Freedom of Information Act ("FOIA"), 5 U.S.C. § 552. et seq. I request the following records:

1. All records pertaining to the 2012-Dec-18 letter from the Chairman of the Senate Committee on Homeland Security & Governmental Affairs (Sen. Joseph Lieberman) to the NRC Inspector General (Hubert Bell) including all studies or investigations done in response to that letter and all follow up correspondence with the Senate Committee on Homeland Security &

Governmental Affairs. Including any responsive records assembled under FOIA/PA 2015-0451 or other relevant releases.

2. Any and all responsive records pertaining to the following FOIA/PA requests, appeals and lawsuits: 2013-0013, 2013-0008, 2013-0127, 2013-0262, 2013-0239, 2013-0010A, 2013-0015A, 2013-0018A, 2013-0022A and lawsuit 1:13-cv-00942-RMC (PEER v. NRC). Including any records that may have been assembled under FOIA/PA 2013-0262 and 2015-0331 or other relevant releases.
3. Power Point presentation entitled Criscione_2014-Oct-7_FOIA 2013-0008_&_Exemption_3 submitted by Lawrence Criscione in an email with the subject Public Input portion of October 7 meeting>Update and sent to Laura Pearson, David Lochbaum and Karen Danoff on October 6, 2014.

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4. Adobe Document entitled Criscione_slides_&_speaking_notes.pdf submitted by Lawrence Criscione in an email with the subject Public Input portion of October 7 meeting>speaking notes and sent to Laura Pearson, Dave Lochbaum, Jim Riccio and Karen Danoff on October 7, 2014.
5. All records pertaining to OIG Allegation #A12-07094 and Case #C12-079, "NRC Misuse of FOIA Exemption Rules". Some of these records were assembled under FOIA/PA 2014-0386 and 2016-0064.
6. All records pertaining to OIG Allegation #A13-07114 and Case #C13-005, "NRC Staff's Handling of Jocassee Dam and Oconee Nuclear Station". Some of these records were assembled for FOIA/PA 2013-0153, 2014-0185, 2014-0327, 2014-0353, 2016-0132 and lawsuit 1:13-cv-00942 (Criscione v. NRC).
7. All records pertaining to OIG Allegation #A13-07251, "Concerns Regarding Duke and Oconee Nuclear Power Plants". Some of these records were assembled under FOIA/PA 2014-0351.
8. All records pertaining to OIG Allegation # A14-07512, "Request to Appeal FOIA Action". Some of these records may have been assembled under FOIA/PA 2015-0340.
9. All records pertaining to OIG Allegation #A11-06735 and Case #C11-031, "Misuse of Government Position and Inappropriate Conduct by RES Employee". Some of these records were assembled under FOIA/PA 2014-0188, 2014-0246, 2014-0324, 2014-0327, 2016-0132.
10. All records pertaining to OIG Allegation #A12-07095 and Case #C13-001, "Release of NRC Security Related Documents by RES Employee". Some of these records were assembled for FOIA/PA 2013-0153, 2014-0186, 2014-0200, 2014-0211, 2014-0237, 2014-0238, 2014-0239, 2014-0240, 2014-0241, 2014-0247, 2014-0269, 2014-0323, 2014-0327, 2016-0132, and lawsuit 1:13-cv-00942 (Criscione v. NRC).
11. All records pertaining to OIG Allegation #A13-07105 and Case #C13-002, "Proactive Initiative -

Computer Misuse and Computer Forensic Support". Some of these records may have been assembled under FOIA/PA 2014-0332 and 2015-0254.

12. All records pertaining to OIG Allegation #A13-07209 and Case #C13-027, "Special Project: NRC Regulatory Oversight". Some of these records may have been assembled under FOIA/PA 2014-0336 and 2015-0258.
13. All records pertaining to OIG Allegation #A13-07258 and Case #C13-045, "Possible Release of Internal NRC Documents to the Public by an NRC Employee". Some of these records were assembled under FOIA/PA 2014-0341.
14. All records pertaining to OIG Allegation #A13-07267 and Case #C13-052, "Region IV Employee Concerned with Pressure to Downplay Inspection Findings and Retaliation Causing a Chilled Work Environment". Some of these records may have been assembled under FOIA/PA 2014-0338.
15. All records pertaining to OIG Allegation #A13-07296 and Case #C13-055, "Interference By NRC Officials Into an Investigation Conducted By the Office of Investigation". Some of these records may have been assembled under FOIA/PA 2014-0331 and 2015-0255.
16. All records pertaining to OIG Allegation #A14-07527, "Possible Compromise of NRC Analyses".

Some of these records may have been assembled under FOIA/PA 2015-0305.

17. All records pertaining to OIG Allegation #A14-07534, "Potential Interferencew with a FOIA Request by the Director of Public Affairs". Some of these records may have been assembled under FOIA/PA 2015-0330.
18. ML100271591, Evaluation Of Duke Energy Carolina, LLC (Duke), 30-Nov, 2009, Response To Nuclear Regulatory Commission (NRC) Letter Dated April 30, 2009, Related To External Flooding At Oconee Nuclear Station, Units 1, 2, And 3 (Oconee).
19. ML100780084, Generic Failure Rate Evaluation for Jocassee Dam Risk Analysis.
20. ML102910480, NRC Assessment of Oconee External Flooding Issue (October 18, 2010).
21. ML110740482, Analysis Report for the Proposed Generic Issue on Flooding of Nuclear Power Plant Sites Following Upstream Dam Failures.

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22. ML112430114, Screening Analysis Report for the Proposed Generic Issue on Flooding of Nuclear Power Plant Sites Following Upstream Dam Failures.
23. ML12335A059, LIC-504EMcKenna.
24. ML13063A110, Oconee Nuclear Station, Units 1, 2, and 3 - Documentation of Staff Decision Regarding Implementation of Permanent Modifications for Protection from External Flooding.
25. ML13084A022, 03/25/2013 Slides From Meeting With Duke Energy Carolinas, LLC, Oconee Nuclear Station Units 1, 2, and 3, Concerning the Flooding Hazard Reevaluation Report.
26. ML13149A079, Second Quarter Operating Plan FY-2013
27. ML13218A150, Template for Staff Assessment of Response to 10 CFR 50.54(f) Information Request - Flooding Mechanisms.
28. ML14090A406, US Army Corps of Engineers Evaluation of Missouri River Mainstem Dams and Potential Flood Hydrographs at Fort Calhoun and Cooper Nuclear Power Plants (NRC internal access restrictedCriscione cannot access)
29. ML14325A850, Concern about the Appearance of Obstruction of Justice.
30. ML15356A158, Oconee Station, Units 1, 2, and 3 (NON-PUBLIC)- Staff Assessment of Response to Request for Information Pursuant to 10CFR 50.54(f) Flood-Causing Mechanisms Reevaluation (TACs MF1012, MF1013 and MF1014).
31. ML16201A086, 2016-May-19 0734, Failure to study Dam Security, from Criscione to Kirkwood, Holahan and Clark.
32. ML16201A093, 2016-May-19 0800, MOU between USACE and ACRS, from Criscione to Kirkwood, Holahan and Clark.
33. ML16201A095, 2016-May-19 0754, Need-to-Know regarding nuclear safety issues associated with flooding, from Criscione to Kirkwood, Holahan and Clark.
34. ML16201A100, 2016-May-19 0813, Email Regarding Keeping Inundation Levels from the Public, from Criscione to Kirkwood, Holahan and Clark.
35. ML16202A536, 2016-May-9 email from Criscione to Kirkwood, Holahan and Clark.pdf
36. ML16202A537, 2016-May-17 0849 email regarding initial interview, sent from Criscione to Kirkwood, Holahan and Clark.pdf
37. ML16202A538, 2016-May-20 0600, Clarification regarding pumps at Peach Bottom, from Criscione to Kirkwood, Holahan and Clark.pdf
38. ML16204A001, 2012-Sep-14, email from Criscione to various Congressional staff concerning NRC Concealing Concerns Regarding Oconee Nuclear Station.pdf
39. ML16204A002, 2012-Sep-14 Letter from Richard Perkins to Inspector General Hubert Bell regarding Concealment of Significant Nuclear Safety Information by the U.S. Nuclear Regulatory Commission
40. ML16216A702, 2013-Aug-4 email from Scott Hodes to Lawrence Criscione.pdf
41. ML16216A704, 2016-Aug-3 LinkedIn Profile for Jack R. Davis, Director of the NRC's Japan Lessons-Learned Directorate
42. ML16216A706, 2013-July-5 Appeal From Initial Decision FOIAPA-2013-00239.pdf
43. ML16216A707, 2013-June-10 Discussion of FOIA Releases regarding the flooding issues at Oconee.pdf
44. ML16216A708, 2013-June-13 Letter from Hirsch to Criscione and Criscione's Response.pdf
45. ML16216A709, 2013-May-24 email from Criscione to Macfarlane, Bell, Doane, Vietti-Cook, Borchardt, Ash, Sealing, Zobler, Grodin and Lee, subj Inquiry Regarding Overdue FOIA Appeals 2013-004A, 006A, 009A, 010A, 011A & 013A.pdf
46. ML16216A710, 2014-Jan-5 Input regarding Audit of NRC's FOIA Process.pdf
47. ML16216A711, 2015-March-13 Union of Concerned Scientists' briefing package for NRC Chairman Burns and Commissioner Baran
48. ML16216A712, 2013-Mar-29 Appeal for refusal to release documents requested under FOIA Requests 2013-0126, 2013-0127, and 2013-0128 3lPage
49. ML16216A713, 2012-Nov-15 Entry for FOIA 2013-0008 on p 25 of ML13149A079 and FOIA request 2013-0262
50. ML16232A001, Sensitivity Reviews for ML16200A049, ML16201A086, ML16201A093, ML16201A095, ML16201A100, ML16202A536-A538, ML16204A001-A002, ML16216A702-A713
51. ML16236A018, Style Sheet for JLD Flooding Review Documents.pdf
52. ML16236A019, 2014-Jan-9 mpg video of the flooding at St. Lucie, D43 MOV03976.MPG
53. ML16236A021, 2014-May-27 and 2014-June-5 emails concerning the St. Lucie Jan 9 Reactor Auxiliary Building Flooding Video
54. ML16236A230, 2010-Feb-13 Memo from NRR requesting a Generic Issue regarding flooding due to upstream dam failures.pdf
55. ML16237A004, 2013-Mar-25 Emails from the NRC to various members of the public (Greenville News, Westinghouse Electric Company, WGOG radio, Greenpeace, etc.) distributing Duke Energy power point presentation concerning flooding at the Oconee Nuclear Station_redacted
56. ML16237A005, 2013-April-23 email from Duke Energy to NRC complying with NRC direction to redact power point presentation presented at a March 25, 2013 public meeting.pdf
57. ML16237A006, 2013-April-11 Letter from a FOIA requester to the NRC EDO concerning an update for FOIA Appeal 2013-009A
58. ML16237A007, 2013-Mar-25 email from Greenpeace to the Union of Concerned Scientists and the Huffington Post containing a Duke Energy presentation obtained from the NRC.pdf
59. ML16239A085, 2014-Mar-12 letter and email informing Criscione's attorney that OIG Case 13-001 and 13-005 had closed.pdf
60. ML16242A343, Sensitivity Review: ML16195A368-A369 ML16232A001 ML16236A018-A019 ML16236A021 ML16236A230 ML16237A004-A007 ML16238A005-A011 ML16238A013-A014 ML16239A085 ML16242A333 ML16242A344 ML16244A000-A009 ML16245A000-A002
61. ML16242A344, 2016-Aug-29 Verification of Identity and Sworn Authorization for Release of Information
62. ML16244A008, 2012-Dec-10 email from Criscione to Commissioner Ostendorff and follow up correspondence arranging an Open Door policy meeting on the Oconee flooding issues Records is defined broadly to encompass all print, non-printable, electronically stored information, memoranda, reports, notes, transcripts, files transferred through 3rd party file sharing sites, electronic mail, CDs, DVDs, Powerpoint Presentations, spreadsheets, photos, videos, drawings, actions documenting oversight, voicemails, text messages, etc.

This request also includes copies of any indices relating to the responsive records, including shared drive folder structures, or other documents referring to the formal file structure maintained for these records.

I would prefer that the responsive records be copied to disk or thumb drive in the form of searchable pdfs and mailed to me by overnight courier.

I expect to receive all information not prohibited from release by law and that redactions will not be made merely because [an Agency] can demonstrate, as a technical matter, that the records fall within the scope of a FOIA exemption. I am interested in all portions of the records assembled. That is, nothing should be marked as Out of Scope except, as mentioned above, for cases of the appearance of the name of an individual specifically granted confidentiality.

I also request that fees be waived pursuant to 5 U.S.C. § 552(a)(4)(A)(iii), ("Documents shall be furnished without any charge ... if disclosure of the information is in the public interest because it is likely to contribute significantly to public understanding of the operations or activities of the government and is not primarily in the commercial interest of the requester."), since the disclosure is significantly in the public interest, and I dont stand to benefit from it.

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If my fee waiver request is denied, please inform me in advance if this request is expected to cost more than $250.00.

Please provide all applicable records, in their native form, to:

Enformable Attn: Lucas Hixson PO Box 273 Bath MI 48808 When I receive a response with the FOIA number assigned to this request, I would also appreciate an estimate of how soon I can expect to receive the responsive documents.

I routinely make complex information to the public through a variety of platforms and plan to disseminate any information found through this request to the public. I will use my resources and contacts in both electronic and print media outlets to provide broad outreach to the public on the requested records.

I am the Editor-in-Chief for Enformable, a digital news service that has diligently worked to make thousands of FOIA documents available to the public online without fee or membership required.

Enformable provides resource material to electronic and print media outlets with very broad outreach to the interested public at large. Additionally, Enformable maintains a web site at www.enformable.com where postings on the requested material will be made publicly available.

I am also the Acting Librarian of Environmental Archives, a free to the public digital library that promotes transparency, accountability and integrity in government, politics and law by providing records obtained through Freedom of Information Act requests filed with various State and Federal Agencies.

Every record will be analyzed and, as necessary, outside experts will be called upon to provide additional analysis and understanding of oversight and enforcement actions.

If my request is denied in whole or in part, I ask that you justify all deletions by reference to specific exemptions of the act. I will also expect you to release all aggregable portions of otherwise exempt material. I, of course, reserve the right to appeal your decision to withhold any information or to deny a waiver of fees.

The requested information will significantly contribute to a better public understanding of the operations of the federal government by providing the public with the information the government uses to decide how to act. The information should be released as quickly as possible to help public officials and citizens alike to make more informed decisions about ongoing efforts and to raise concerns.

In recognition of the FOIA policy declared by the President and the guidelines promulgated by the Attorney General, I expect that all records requested be released in their entirety except where release is prohibited by law. That is, I expect that this FOIA request be handled in a manner such that the presumption of disclosure is applied to all decisions involving FOIA and such that the agency will not withhold records merely because it can demonstrate, as a technical matter, that the records fall within the scope of a FOIA exemption.

I will expect your response to this request within 30 days, as the statute requires. If it is not possible for all the requested records to be released within the time limits set forth in the FOIA and in its own 5lPage

regulations, then I expect every effort be made to provide every record possible within the prescribed time limits and to regularly provide partial responses as records become available for release.

Please feel free to contact me with any questions at (312) 725-6596 or lhixson@environserve.com.

I look forward to working with you on this FOIA request.

Sincerely, r f Lucas Hixson Acting Librarian, Environmental Archives Editor-in-Chief, Enformable PO Box 273 Bath MI, 48808 (312) 725-6596 lhixson@environserve.com 6lPage

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