Text

NRC-2022-000038 - Resp 1 - Final, Agency Records Subject to the Request Are Enclosed
	ML22033A098
Person / Time
Issue date:	02/01/2022
From:	; NRC/OCIO
To:	;
Shared Package
ML22033A096	List: ML22033A097; ML22033A098;
References
	NRC-2022-000038
	Download: ML22033A098 (34)
	v • d • e

From : Ennis Tina To : "Mark Morgan" Cc : "ALBERT BATES" Subject : NRC-2020-000194 Referra l of Records - Email 1 Date: Thursday, April 02, 2020 11:56 :00 AM "Referred Records-1" Attachments: Referred Records-1.odf was responsive in SCE Referral Letter odf NRC-2020-000194 Good morning Mr. Morgan:

Please find attached a referral of records responsive to a FOIA request, to be reviewed by SCE for a release determination . Due to the size of the records, and since I am only able to send electronically due to my working at home, I am sending the referred records in two separate emails.

Thank you, Xia YQ/l lliJ FOIA Analyst (QualX Contractor)

OCIO/GEMS/ISB U.S. Nuclear Regulatory Commission Location: T-6A75A I Mailstop: T-6A60M 301-415-5616 ~ Jina.Eoois@nrc gov

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 April 1 , 2020 IN RESPONSE REFER TO:

NRC-2020-000194 Mark Morgan, Licensing Manager Southern California Edison P.O. Box 128 San Clemente, CA 92672

Dear Mr. Morgan:

The enclosed records were identified by the U.S. Nuclear Regulatory Commission (NRC) staff as responsive to the above-referenced Freedom of Information Act (FOIA) request. Under the provisions of the FOIA, the NRC must determine whether the records, or any portions of the records, should be withheld from public disclosure.

The NRC must determine which portion(s) of the records, if any, should be withheld from public disclosure under exemption 4 of the FOIA, 5 U.S.C. § 552(b)(4), and 10 CFR 9.17(a)(4),

because they contain trade secret or confidential commercial or financial information

("proprietary information"). We need information from you to assist us in determining whether any information contained in these records falls within FOIA exemption 4.

In addition, as the records originated with you, we are soliciting your comments on whether any portions of these records should be considered critical energy/electric infrastructure information (CEIi). The NRC and the Federal Energy Regulatory Commission (FERG) have entered into a Memorandum of Understanding (MOU) regarding the treatment of CEIi (https://www.nrc.gov/docs/ML 1816/ML18164A182.pdf). Any information designated by FERG as CEIi would be exempt from disclosure under exemption 3 of the FOIA, 5 U.S.C. § 552(b)(3),

pursuant to Section 215A of Part II of the Federal Power Act, 16 U.S.C. § 8240-1.

You may either "mark" electrnnically (by using Adobe's highlight or comment functionality), or provide a separate narrative identifying any portions that your company believes should be withheld (e.g. , by page, section, or paragraph). However, please make sure that you clearly identify which portions your company treats as proprietary, and which portions you believe should be considered CEIi. Please return to me your marked copy, or narrative, along with the answers to the following questions in sufficient explanatory detail to permit the NRC to make a determination. If you do not object to the disclosure of the records, you need not answer the questions below.

If you believe any of the information in the enclosed records should be treated as proprietary, please answer the following questions:

1. Was the information transmitted to, and received by, the NRC in confidence?

Please give details as to the circumstances in which the NRC obtained this information.

2. To the best of your knowledge, is the information currently available in any public sources?

3. Does your company customarily treat this information, or this type of information, as confidential? Please explain why.

4. Would public disclosure of this information be likely to cause substantial harm to the competitive position of your company? If so, how?

5. Since this information was transmitted to the NRC, have any events altered the proprietary character of the information? If so, please explain.

If you believe any of the information in the enclosed records should be considered CEIi, please answer the following two questions:

1. Why do you believe the information should be considered CEIi?

2. How long do you believe the information should be considered CEI i?

We will consider carefully the response you provide to us. If the NRC determines that any information that your company identified in response to this letter should be disclosed, we will notify you of our determination, including a description of the information to be disclosed, the reason(s) for the NRC's determination, and the date by which the information will be made available to the public. 10 CFR 9.28(c).

Please provide your response to Tina Ennis no later than May 2, 2020. If we have not heard from you by this date, you will be considered to have no objection to disclosure of any of the records. If you have any questions regarding this matter, you may reach Tina Ennis at 301-415-5616 or Tina.Ennis@nrcgov.

Sincerely yours, Stephanie A. Blaney FOIA Officer Office of the Chief Information Officer Enclosure(s):

Records

From: Eoois Tina To: Mark Morgan Cc: ALBERT BATES

Subject:

RE: NRC-2020-0001 94 Referral of Records - Email 2 Date: Thursday, April 02, 2020 12:04:00 PM =.. R

~e

- f-er-re-d~R

~e-c-o-rd~s~

-2~" -w-as~

Attachments: Referred Records -2.pdf responsive in NRC-2020-jmageOOJ 000 000194 This is Email #2.

dJi;;a, Y()J1111:J FOIA Analyst (QualX Contractor)

OCIO/GEMS/ISB U.S. Nuclear Regulatory Commission Location: T-6A75A I Mailstop: T-6A60M 301-415-5616 ~ Iioa Eoois@nrc gov From: Enn is, Tina Sent: Thursday, Ap ril 02, 2020 12:00 PM To: Mark Morgan <MARK.MORGAN@sdaorg.com>

Cc: ALBERT BATES <AL.BATES@sce.com>

Subject:

RE: NRC-2020-000194 Referral of Records - Email 2 This is email #2 of the referred records.

(!};;;a c;&,ni,J FOIA Analyst (QualX Contractor)

OCIO/GEMS/ISB U.S. Nuclear Regulatory Commission Location: T-6A75A I Mailstop: T-6A60M 301 -415-5616 ~ Tioa.Enois@nrc.gov From: Ennis, Ti na Sent: Thursday, Ap ril 02, 2020 11:56 AM To: 'Mark Morgan'

Cc: 'ALBERT BATES' <AL BATES@sce com>

Subject:

NRC-2020-000194 Referral of Records - Email 1 Good morning Mr. Morgan:

Please find attached a referral of records responsive to a FOIA request, to be reviewed by SCE for a release determination. Due to the size of the records, and since I am on ly able to send electronically due to my working at home, I am sending the referred records in two separate emails.

Thank you,

l?Jr::a YQ/1lll<l FOIA Analyst (QualX Contractor)

OCIO/GEMS/ISB U.S. Nuclear Regulatory Commission Location : T-6A75A I Mailstop: T-6A60M 301-415-5616 ~ Tina.Ennis@nrc.gov

From: ALBERT BATES To: Enn;s noa Cc: Mark Morgan: ALBERT BATES

Subject:

[Extemal_Sender] RE: (External):RE: NRC-2020-000194 Referral of Records - Email 2 Date: Tuesday, April 28, 2020 7:38:03 PM Attachments: 1maae002.1oa lmaae004 Joa imaae006 loo Bates to NBC FOIA NRC-2020-000194 April 28 2020 odf

Tina, Attached you will find our evaluat ion and response to your April 2, 2020 email that requested our review of documents in two .pdf files that had been identified as responsive to FOIA request NRC-2020-000194.email. Our evaluation also addresses an additional document we received in your subsequent ema il dated April 24, 2020.

(b)(4)

We are also sending a hardcopy of the attachment by courier today, which is addressed to Stephanie Blaney.

If you have any questions, please do not hesitate to contact me.

Al Al Bates Southern California Edison Manager, Regulatory ALBates@SCE.com 949-368-6945 (O)

From: Ennis, Tina [1]

Sent: Thursday, Apri l 02, 2020 9:06 AM To: Mark Morgan <ma rk.morgan@sdaorg.com>

Cc: ALBERT BATES <Al.BATES@sce.com>

Subject:

(Externa l):RE: NRC-2020-000194 Referral of Records - Email 2 CAUTION EXTERNAL EMAIL This is Email #2.

,!,if;;a YD111tiJ FOIA Analyst (QualX Contractor)

OCIO/GEMS/ISB U.S. Nuclear Regulatory Commission Location: T-6A75A I Mailstop: T-6A60M 301-415-5616 B Tina.Ennis@nrc.gov From: Ennis, Tina Sent: Thursday, Apri l 02, 2020 12:00 PM To: Mark Morgan

Cc: ALBERT BATES <AL BATES@sce com>

Subject:

RE: NRC-2020-000194 Referral of Records - Ema il 2 Th is is email #2 of the referred records.

,!Ji;;a ~11111;J FOIA Analyst (QualX Contractor)

OCIO/GEMS/ISB U.S. Nuclear Regulatory Commission Location: T-6A75A I Mailstop: T-6A60M 301-415-5616 ID Jina.Ennis@nrc.gov From: Ennis, Tina Sent: Thursday, Apri l 02, 2020 11:56 AM To : 'Mark Morgan' <MARK.MORGAN@sdaorg.com>

Cc: 'ALBERT BATES' <AL.BATES@sce .com >

Subject:

NRC-2020-000194 Referra l of Reco rd s - Email 1 Good morning Mr. Morgan:

Please find attached a referral of records responsive to a FOIA request, to be reviewed by SCE for a release determination . Due to the size of the records , and since I am only able to send electronically due to my working at home , I am sending the referred records in two separate emails.

Thank you ,

"j7,"= 0 *r v tlt({ . It /Ito FOIA Analyst (QualX Contractor)

OCIO/GEMS/ISB U.S. Nuclear Regulatory Commission Location: T-6A75A I Mailstop: T-6A60M 301-415-5616 B Tioa.Eoois@nrc.gov

[!:I E"oiSO'N*

An EDISON INTERNATIONAL' Comiwty Al Bates Manager, Regulalory AITairs April 28, 2020 Ref: FOIA Request NRC-2020-000194 Stephanie A. Blaney FOIA Officer Office of the Chief Information Officer U.S. Nuclear Regulatory Commission Washington DC 20555-01

Dear Ms. Blaney,

We received your letter dated April 1, 2020 to SCE's Mark Morgan requesting we review documents that had been identified as responsive to the above-referenced Freedom of Information Act (FOIA) request. We received another letter dated April 24, 2020 which contained an additional document that had been identified as responsive to the above-referenced Freedom of Information Act (FOIA) request.

The purpose of the NRC's request was to provide SCE the opportunity to identify records or portions of the records that may be withheld from public disclosure under FOIA criteria, including records containing proprietary Information or critical energy / electric infrastructure information (CRII).

cc: Tina Ennis Tina.Ennis@NRC.gov

Attachment:

8-page attachment is being withheld in its entirety under FOIA Ex. 4 P. 0. Box 128 San Clemenu:, CA 92672

From: Ennis Jina To: "MARK MORGAN" Cc: ALBERT BATES Attachment was responsive

Subject:

NRC-2021-000235 Consultation on Records Disposition in NRC-2022-000014 Date: Thursday, October 14, 2021 12:41:00 PM (consultation on appeal of Attachments: Refer to SCE.pdf NRC-2021-000235)

Hi Mark:

The attached records (also being referred to Holtec) were identified by the U.S. Nuclear Regulatory Commission (NRC) staff as responsive to the above-referenced Freedom of Information Act (FOIA) req uest. Under the provisions of the FOIA, the NRC must determine whether the records, or any portions of the records, should be withheld from public disclosure.

The NRC must determine which portion(s) of the records, if any, should be withheld from public disclosure under exemption 4 of the FOIA, 5 U.S.C. § 552(b)(4), and 10 CFR 9.17(a)

(4 ), because they contain trade secret or confidential commercial or financial information

("proprietary information"). We need information from you to assist us in determining whether any information contained in these records falls within FOIA exemption 4.

In addition, as the records originated with you , we are soliciting your comments on whether any portions of these records should be considered critical energy/electric infrastructure information (CEIi). The NRC and the Federal Energy Regulatory Commission (FERC) have entered into a Memorandum of Understanding (MOU) regarding the treatment of CEIi (https://www.nrc.gov/docs/ML1816/ML18164A182.pdf). Any information designated by FERC as CEIi would be exempt from disclosure under exemption 3 of the FOIA, 5 U.S.C. § 552(b)(3), pursuant to Section 215A of Part II of the Federal Power Act, 16 U.S.C. § 8240-1.

You may either "mark" electronically (by using Adobe's highlight or comment functionality),

or provide a separate narrative identifying any portions that your company believes should be withheld (e.g., by page, section, or paragraph). However, please make sure that you clearly identify which portions your company treats as proprietary, and which portions you believe should be considered CEIi. Please return to me your marked copy, or narrative, along with the answers to the following questions in sufficient explanatory detail to permit the NRC to make a determination. If you do not object to the disclosure of the records, you need not answer the questions below.

If you believe any of the information in the enclosed records should be treated as proprietary, please answer the following questions:

1. Was the information transmitted to, and received by, the NRC in confidence?

Please give details as to the circumstances in which the NRC obtained this information.

2. To the best of your knowledge, is the information currently available in any public sources?

3. Does your company customarily treat this information, or this type of

information, as confidential? Please explain why.

4. Would public disclosure of this information be likely to cause substantial harm to the competitive position of your company? If so, how?

5. Since this information was transmitted to the NRC, have any events altered the proprietary character of the information? If so, please explain.

If you believe any of the information in the enclosed records should be considered CEIi, please answer the following two questions:

1. Why do you believe the information should be considered CEIi?

2. How long do you believe the information should be considered CEIi?

We will consider carefully the response you provide to us. If the NRC determines that any information that your company identified in response to this letter should be disclosed, we will notify you of our determination, including a description of the information to be disclosed, the reason(s) for the NRC's determination, and the date by which the information will be made available to the public. 10 CFR 9.28(c).

Please provide your response to Tina Ennis no later than November 12, 2021. If we have not heard from you by this date, you will be considered to have no objection to disclosure of any of the records. If you have any questions regardin g this matter, you may reach me at 301-415-5616 or Jjna.Ennjs@nrc.gov. Please provide your response electronically, as we are not in the office to accept mail at this time .

.!lf::a c;f;;,111'J FOIA Analyst (Pathfinder Consultants Contractor)

OCIO/GEMS/FLIC Branch U.S. Nuclear Regulatory Commission Location: T-6A00 I Mailstop: T-6A60M 301-415-5616 ~ Tioa,Eoois@nrc.gov

From: Albert Bates To: Enn;s noa Cc: Mark EMorgan; Albert Bates

Subject:

[Extemal_Sender] RE: (External):NRC-2021-000235 Consultation on Records Disposition Date: Monday, November 01, 2021 9:36: 10 AM Tina, In your email dated October 14, 2021, you requested we review an attached fi le " Refer to SCE.pdf" that contained records the NRC had identified as responsive to FOIA request NRC-2021-000235. The purpose of the review was to assist the NRC in determining whether any information contained in the records should be withheld from public disclosure under FOIA Exemption 4, 5 U.S.C. § 552(b)(4),

and 10 CFR 9.17(a)(4), because it contains proprietary information or is considered Crit ical Energy

/electric Infrastructure Information (CEIi). Our review criteria also included other exemptions that the NRC may consider to be applicable to these records.

(b)(4)

I have asked Mark Morgan to upload a file with a more detailed review explaining the above to the NRC Box platform.

Thanks, Al From: Ennis, Tina <TINA.ENNIS@nrc.gov>

Sent: Thursday, Oct ober 14, 2021 9 :41 AM To: Mark E Morgan <Mark.Morgan@sce.com>

Cc: Albert Bates <AL.BATES@sce.com>

Subject:

(Externa l):NRC-2021-000235 Consultation on Records Disposition

- - EXTERNAL EMAIL - Use caution when o enin links or attachments **

- EXTERNAL EMAIL WITH ATTACHMENT - BE CAREFUL NOT 0 OPEN IF THIS DOCUMENT IS NOT EXPECTED OR TRUSTED ii Hi Mark:

The attached records (also being referred to Holtec) were identified by the U.S. Nuclear Regulatory Commission (NRC) staff as responsive to the above-referenced Freedom of Information Act (FOIA) request. Under the provisions of the FOIA, the NRC must determine whether the records, or any portions of the records, should be withheld from public disclosure.

The NRC must determine which portion(s) of the records, if any, should be withheld from public disclosure under exemption 4 of the FOIA, 5 U.S.G. § 552(b)(4), and 10 CFR 9.17(a)

(4), because they contain trade secret or confidential commercial or financial information

("proprietary information"). We need information from you to assist us in determining whether any information contained in these records falls within FOIA exemption 4.

In addition , as the records originated with you , we are soliciting your comments on whether any portions of these records should be considered critical energy/electric infrastructure information (CEIi). The NRC and the Federal Energy Regulatory Commission (FERC) have entered into a Memorandum of Understanding (MOU) regarding the treatment of CEIi (https-Uwww ore goy/docs/ML1816/ML18164A182 pdQ. Any information designated by FERC as CEIi would be exempt from disclosure under exemption 3 of the FOIA, 5 U.S.C . § 552(b)(3), pursuant to Section 215A of Part II of the Federal Power Act, 16 U.S.C. § 8240-1.

You may either "mark" electronically (by using Adobe's highlight or comment functionality),

or provide a separate narrative identifying any portions that your company believes should be withheld (e.g., by page, section, or paragraph). However, please make sure that you clearly identify which portions your company treats as proprietary, and which portions you believe should be considered CEIi. Please return to me your marked copy, or narrative, along with the answers to the following questions in sufficient explanatory detail to permit the NRC to make a determination. If you do not object to the disclosure of the records, you need not answer the questions below.

If you believe any of the information in the enclosed recor,d s should be treated as proprietary, please answer the following questions:

1. Was the information tiransmitted to, and received by, the NRC in confidence?

Please give details as to the circumstances in which the NRC obtained this information.

2. To the best of your knowledge, is the information currently available in any public sources?

3. Does your company customarily treat this information, or this type of information, as confidential? Please explain why.

4. Would public disclosure of this information be likely to cause substantial harm to the competitive position of your company? If so, how?

5. Since this information was transmitted to the NRC, have any events altered the proprietary character of the information? If so, please explain .

If you believe any of the information in the enclosed records should be considered CEIi , please answer the following two questions:

1. Why do you believe the information should be considered CEIi?

2. How long do you believe the information should be considered CEIi?

We will consider carefully the response you provide to us. If the NRC determines that any information that your company identified in response to this letter should be disclosed , we will notify you of our determination , including a description of the information to be disclosed , the reason(s) for the NRC's determination, and the date by which the information will be made available to the public. 10 CFR 9.28(c).

Please provide your response to Tina Ennis no later than November 12, 2021. If we have not heard from you by this date, you will be considered to have no objection to disclosure of any of the records. If you have any questions regarding this matter, you may reach me at 301-415-5616 or Iina.Ennis@nrc.gov. Please provide your response electronically, as we are not in the office to accept mail at this time.

,%,a Yl5n ni,J FOIA Analyst (Pathfinder Consultants Contractor)

OC IO/GEMS/FLIC Branch U.S. Nuclear Regulatory Commission Location: T-6A00 I Mailstop: T-6A60M 301-415-56 16 Jina Eoois@nrc gov

(b)(4)

From: Ennis Jina To: "MARK MORGAN" Cc: ALBERT BATES

Subject:

RE: NRC-2021-000235 Consultation on Records Disposition Attachment was responsive in Date: Friday, October 29, 2021 10:07:00 AM NRC-2022-000014 (consultation Attachments: Phone Calls.odf on appeal of NRC-2021-000235) irnaaeoo2 ona Hi Mark, Please find attached an additional 2 pages for SCE's review for release determination, as they contain SCE's equity.

Thank you ,

X:a ~ 111/,J FOIA Analyst (Pathfinder Consultants Contractor)

OCIO/GEMS/FLIC Branch U.S. Nuclear Regulatory Commission Location: T-6A00 I Mailstop: T-6A60M 301-415-5616 ~ Tina Eoois@nrc gov From: Enn is, Tina Sent: Thursday, October 14, 202112:41 PM To: 'MARK MORGAN' <Mark.Morga n@sce.com>

Cc: ALBERT BATES <AL.BATES@sce.com>

Subject:

NRC-2021-000235 Consultation on Records Disposition Hi Mark:

The attached records (also being referred to Holtec) were identified by the U.S. Nuclear Regulatory Commission (NRC) staff as responsive to the above-referenced Freedom of Information Act (FOIA) req uest. Under the provisions of the FOIA, the NRC must determine whether the records, or any portions of the records, should be withheld from public disclosure.

The NRC must determine which portion(s) of the records, if any, should be withheld from public disclosure under exemption 4 of the FOIA, 5 U.S.C. § 552(b)(4), and 10 CFR 9.17(a)

(4 ), because they contain trade secret or confidential commercial or financial information

("proprietary information"). We need information from you to assist us in determining whether any information contained in these records falls within FOIA exemption 4.

In addition, as the records originated with you, we are soliciting your comments on whether any portions of these records should be considered critical energy/electric infrastructure information (CEIi). The NRC and the Federal Energy Regulatory Commission (FERC) have entered into a Memorandum of Understanding (MOU) regarding the treatment of CEIi (https://www,nrc,gov/docs/ML1816/ML18164A182,pdf). Any information designated by FERC as CEIi would be exempt from disclosure under exemption 3 of the FOIA, 5 U.S.C. §

552(b)(3), pursuant to Section 215A of Part II of the Federal Power Act, 16 U.S.C. § 8240-1.

You may either "mark" electronically (by using Adobe's highlight or comment functionality),

or provide a separate narrative identifying any portions that your company believes should be withheld (e.g., by page, section, or paragraph). However, please make sure that you clearly identify which portions your company treats as proprietary, and which portions you believe should be considered CEIi. Please return to me your marked copy, or narrative, along with the answers to the following questions in sufficient explanatory detail to permit the NRG to make a determination. If you do not object to the disclosure of the records, you need not answer the questions below.

If you believe any of the information in the enclosed records should be treated as proprietary, please answer the following questions:

1. Was the information transmitted to, and received by, the NRG in confidence?

Please give details as to the circumstances in which the NRG obtained this information.

2. To the best of your knowledge, is the information currently available in any public sources?

3. Does your company customarily treat this information, or this type of information, as confidential? Please explain why.

4. Would public disclosure of this information be likely to cause substantial harm to the competitive position of your company? If so, how?

5. Since this information was transmitted to the NRC, have any events altered the proprietary character of the information? If so, please explain.

If you believe any of the information in the enclosed records should be considered CEIi, please answer the following two questions:

1. Why do you believe the information should be considered CEIi?

2. How long do you believe the information should be considered CEIi?

We will consider carefully the response you provide to us. If the NRG determines that any information that your company identified in response to this letter should be disclosed, we will notify you of our determination, including a description of the information to be disclosed, the reason(s) for the NRC's determination, and the date by which the information will be made available to the public. 10 CFR 9.28(c).

Please provide your response to Tina Ennis no later than November 12, 2021. If we have not heard from you by this date, you will be considered to have no objection to disclosure of any of the records. If you have any questions regarding th is matter, you may reach me at 301-415-5616 or Tjna,Ennjs@nrc.gov. Please provide your response electronically, as we are not in the office to accept mail at this time.

l?Jr::a YQ/1lll<l FOIA Analyst (Pathfinder Consultants Contractor)

OCIO/GEMS/FLIC Branch U.S. Nuclear Regu latory Commission Location : T-6A00 I Mailstop: T-6A60M 301-415-5616 ~ Tina.Ennis@nrc.gov

From: Albert Bates To: Enn;s nna Cc: Mark EMorgan; Albert Bates

Subject:

[Extemal_Sender] RE: (External):FW: RE: External :RE: NRC-2021-000235 Consultation on Records Disposition Date: Friday, November 12, 2021 2:03:45 PM Attachment was responsive in NRC-Attachments: lmaaeO0l.cna 2022-000014 (consultation on appeal Phone Calls - Redacted oof of NRC-2O21-O0O235)

Tina, We reviewed the comments from the NRC staff on our evaluation of documents they considered resoonsive to FOIA reauest NRC-2021-000235. Our resoonse is stated below (b)(4), (b)(6)

(b)(4), (b)(6)

ThanKs, Al From: Ennis, Tina <TI NA.ENNIS@nrc.gov>

Sent: Friday, November 12, 2021 8:40 AM To: Albert Bat es <AL.BATES@sce.com>

Cc: Mark E Morgan <Mark.Morgan@sce.com>

Subject:

(Externa l):FW: RE: (External):RE: NRC-2021-000235 Consultation on Records Disposition

- EXTERNAL EMAIL - Use caution when o enin links or attachments **

- EXTERNAL EMAIL WITH ATTACHMENT - BE CAREFUL NO 0 OPEN IF THIS DOCUMENT IS NOT EXPECTED OR TRUSTED ii Hi Al, Just checking on the status of your response, as we need to know how to proceed with this matter, in an attempt to avoid another lawsuit with this requester. We've asked that you provide your response today.

Thank you,

,.Jr::a Y&1111;J FOIA Analyst (Pathfinder Consultants Contractor)

OCIO/GEMS/FLIC Branch U.S. Nuclear Regulatory Commission Location: T-6A00 I Mailstop: T-6A60M 301-415-5616 ~ Jina Eoois@nrc gov From: Ennis, Tina Sent: Monday, November 08, 202111:51 AM To: Albert Bat es <AL BATES@sce com>

Cc: Mark E Morgan

Subject:

RE : RE: (External):RE : NRC-2021-000235 Consultation on Records Disposition Al, (b)(4)

However, staff do not agree with your claim (b)(4) as it is a deliberation, in

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....,...1'"'

c.--

a_

n _a....

gency requested documents from a private ent, y, in w ich the private entity responded. Staff recommends releasing the email and withholding the attachments under FOIA Ex. 4. As well, staff recommends segregating the information in the phone call documents (referenced in Attachment 2), redacting information received from SCE under FOIA Ex. 4, and applying 7C to information that identifies the alleger. Please let me know if you have any objections to staff recommendations. Also, do you have any objection to~

!(b)(6) !being released in the phone call email? Please provide~

your response by no later than Friday, November 12, 2021.

Thank you,

,]if;;(I y/;,II 11M FOIA Analyst (Pathfinder Consultants Contractor)

OCIO/GEMS/FLIC Branch U.S. Nuclear Regulatory Commission Location: T-6A00 I Mailstop: T-6A60M 301-415-5616 ~ Jioa.Eoois@nrc.gov From: Albert Bates <AL BATES@sce com>

Sent: Friday, November 05, 2021 3:00 PM To: Ennis, Tina <JINA ENNIS@nrqoy>

Cc: Mark E Morgan <Mark,Morgan@sce,com>; Al bert Bates <AL.BAJES@sce,com>

Subject:

[Externa l_Sender) RE: (External):RE: NRC-2021-000235 Consultation on Records Disposition Tina,

In your email dated October 29, 2021 , you requested we review an attached file "Phone Calls.pdf' that contained records the NRC had identified as responsive to FOIA request NRC-2021-000235. The purpose of the review was to assist the NRC in determining whether any information contained in the records should be withheld from public disclosure under FOIA Exemption 4, 5 U.S.C. § 552(b)(4), and 10 CIFR 9.17(a)(4), because it contains proprietary information or is considered Critical Energy /electric Infrastructure Information (CEIi). Our review criteria also included other exemptions that the NRC may consider to be applicable to these records.

(b)(4)

I have asked Mark Morgan to upload a file to the NRC Box platform. This file contains a more detailed review explaining the above and provides additional amplification for withholding the document from disclosure.

Thanks, Al From: Ennis, Tina <TINA ENNIS@nrc gov>

Sent: Friday, October 29, 2021 7:08 AM To: Mark E Morgan

Cc: Albert Bates <AL BATES@sce com>

Subject:

(Externa l):RE: NRC-2021-000235 Consultation on Records Disposition

- EXTERNAL EMAIL - Use caution when o enin links or attachments ***

- - EXTERNAL EMAIL WITH ATTACHMENT- BE CAREFUL NOT TO OPEN IF THIS DOCUMENT IS NOT EXPECTED OR TRUSTED ii Hi Mark, Please find attached an additional 2 pages for SCE's review for release determination, as they contain SCE's equity.

Thank you,

rr.- r,,,c .

Jtlla *v 11 lltJ FOIA Analyst (Pathfinder Consultants Contractor)

OCIO/GEMS/FLIC Branch U.S. Nuclear Regulatory Commission Location: T-6A00 I Mailstop: T-6A60M 301-415-5616 ~ Jioa.Eoois@nrc.gov From: Ennis, Tina Sent: Thursday, Oct ober 14, 202112:41 PM To: "MARK MORGAN"

Cc: ALBERT BATES <AL.BATES@sce com>

Subject:

NRC-2021-000235 Consultation on Records Disposition Hi Mark:

The attached records (also being referred to Holtec) were identified by the U.S. Nuclear Regulatory Commission (NRC) staff as responsive to the above-referenced Freedom of Information Act (FOIA) request. Under the provisions of the FOIA. the NRC must determine whether the records. or any portions of the records, should be withheld from public disclosure.

The NRC must determine which portion(s) of the records, if any. should be withheld from public disclosure under exemption 4 of the FOIA. 5 U.S.C . § 552(b)(4), and 10 CFR 9.17(a)

(4), because they contain trade secret or confidential commercial or financial information

("proprietary information"). We need information from you to assist us in determining whether any information contained in these records falls within FOIA exemption 4.

In addition, as the records originated with you, we are soliciting your comments on whether any portions of these records should be considered critical energy/electric infrastructure information (CEIi). The NRC and the Federal Energy Regulatory Commission (FERC) have entered into a Memorandum of Understanding (MOU) regarding the treatment of CEIi (https*//www.nrc.gov/docs/ML1816/ML18164A182 pdf). Any information designated by FERC as CEIi would be exempt from disclosure under exemption 3 of the FOIA, 5 U.S.C . § 552(b)(3), pursuant to Section 215A of Part II of the Federal Power Act, 16 U.S.C. § 8240-1.

You may either "mark" electronically (by using Adobe's highlight or comment functionality),

or provide a separate narrative identifying any portions that your company believes should be withheld (e.g., by page, section, or paragraph). However, please make sure that you clearly identify which portions your company treats as proprietary, and which portions you believe should be considered CEIi. Please return to me your marked copy, or narrative, along with the answers to the following questions in sufficient explanatory detail to perm it the NRC to make a determination. If you do not object to the disclosure of the records, you need not answer the questions below.

If you believe any of the information in the enclosed records should be treated as

proprietary, please answer the following questions: