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| Additionally, you claim that the withheld information"merely pertains to the nuclear safety hazard which deficiencies in the Oconee Station's flooding defenses pose to the American public." You also state that, "these safety risks are present due to the risks of natural disasters and latent engineering/construction flaws and have nothing specifically to do with terrorist activities." You correctly point out that FOIA Exemption 7(F) can be used to withhold information that, if disclosed, could reasonably be expected to endanger the life or physical safety of an individual. | | Additionally, you claim that the withheld information"merely pertains to the nuclear safety hazard which deficiencies in the Oconee Station's flooding defenses pose to the American public." You also state that, "these safety risks are present due to the risks of natural disasters and latent engineering/construction flaws and have nothing specifically to do with terrorist activities." You correctly point out that FOIA Exemption 7(F) can be used to withhold information that, if disclosed, could reasonably be expected to endanger the life or physical safety of an individual. |
| In this case, the NRC is using FOIA Exemption 7(F) to withhold information which the agency reasonably believes may be beneficial to terrorists or saboteurs. | | In this case, the NRC is using FOIA Exemption 7(F) to withhold information which the agency reasonably believes may be beneficial to terrorists or saboteurs. |
| However, you note that FOIA Exemption 7(F) can be applied in this case only if the information "pertains to security processes or hardware." The 1986 FOIA amendments created expanded categories and wider interpretations and thus broadened the use of FOIA Exemption 7(F). Now, FOIA Exemption 7(F) provides new avenues of protection for sensitive information that could prove deadly if obtained by those seeking to do harm to the public on a large scale. In fact, the courts have found FOIA Exemption 7(F) readily available to protect against disclosure of inundation maps that showed projected patterns in which downstream areas would be catastrophically flooded in the event of breaches in nearby dams. Please refer to the case Living Rivers, Inc. v. United States Bureau of Reclamation, 272 F. Supp. 2d 1313, 1321-22 (D. Utah 2003). See also Public Employees for Environmental Responsibility | | However, you note that FOIA Exemption 7(F) can be applied in this case only if the information "pertains to security processes or hardware." The 1986 FOIA amendments created expanded categories and wider interpretations and thus broadened the use of FOIA Exemption 7(F). Now, FOIA Exemption 7(F) provides new avenues of protection for sensitive information that could prove deadly if obtained by those seeking to do harm to the public on a large scale. In fact, the courts have found FOIA Exemption 7(F) readily available to protect against disclosure of inundation maps that showed projected patterns in which downstream areas would be catastrophically flooded in the event of breaches in nearby dams. Please refer to the case Living Rivers, Inc. v. United States Bureau of Reclamation, 272 F. Supp. 2d 1313, 1321-22 (D. Utah 2003). See also Public Employees for Environmental Responsibility |
| : v. United States Section, International Boundary and Water Commission, 839 F. Supp. 2d 304, 327-28 (D.D.C. 2012). | | : v. United States Section, International Boundary and Water Commission, 839 F. Supp. 2d 304, 327-28 (D.D.C. 2012). |
| --Acting-on-your-appeal,-the-NRC-has-reviewed-the-record-and-has-determined-that-the- | | --Acting-on-your-appeal,-the-NRC-has-reviewed-the-record-and-has-determined-that-the- |
Revision as of 21:08, 28 April 2019
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Category:FOIA/Privacy Act Response to Requestor
MONTHYEARML20294A1262017-03-17017 March 2017 NRC-2016-000725 - Resp 2 - Final, Agency Records Subject to Request Enclosed ML16118A1582016-02-19019 February 2016 FOIA/PA-2016-0071 - Resp 4 - Final ML16070A2842016-02-19019 February 2016 FOIA/PA-2016-0071 - Resp 4 - Final ML16055A1852016-01-15015 January 2016 FOIA/PA-2016-0071 - Resp 3 - Interim ML14055A4112014-02-0404 February 2014 FOIA/PA-2012-0325 - Resp 2 - Partial ML13240A0172013-08-23023 August 2013 FOIA/PA-2013-0249 - Resp 1 - Final ML13121A3272013-04-18018 April 2013 FOIA/PA-2013-0005A - Response 1 - Final ML13052A7902013-02-0606 February 2013 FOIA/PA-2012-0325 - Resp 1 - Partial ML13004A3822013-01-0404 January 2013 FOIA/PA-2013-0027 - Resp 1 - Final ML0712901822007-05-0404 May 2007 FOIA/PA-2007-0162 - Resp 2 - Final 2017-03-17
[Table view] Category:Letter
MONTHYEARML23304A1422024-02-0101 February 2024 Issuance of Environmental Scoping Summary Report Associated with the U.S. Nuclear Regulatory Commission Staffs Review of the Oconee Nuclear Station, Units 1, 2, & 3, Subsequent License Renewal Application ML24005A2492024-01-24024 January 2024 Exemption from Select Requirements of 10 CFR Part 73 (Security Notifications, Reports, and Recordkeeping and Suspicious Activity Reporting) IR 05000269/20243012024-01-11011 January 2024 Notification of Licensed Operator Initial Examination 05000269/2024301, 05000270/2024301, and 05000287/2024301 ML23331A7982023-12-14014 December 2023 Review of the Fall 2022 Steam Generator Tube Inspection Report (01R32) ML23262A9672023-12-13013 December 2023 Alternative to Use RR-22-0174, Risk-Informed Categorization and Treatment for Repair/Replacement Activities in Class 2 and 3 Systems Section XI, Division 1 ML23317A3462023-11-14014 November 2023 Duke Fleet - Correction Letter to License Amendment Nos. 312 & 340 Issuance of Amendments Regarding the Adoption of Technical Specifications Task Force Traveler TSTF-554, Revision 1 IR 05000269/20230032023-11-14014 November 2023 Integrated Inspection Report 05000269/2023003, 05000270/2023003, and 05000287/2023003; and IR 07200040/2023001; and Exercise of Enforcement Discretion ML23219A1402023-10-10010 October 2023 Audit Report Proposed Alternative to Use ASME Code Case N-752, Risk Informed Categorization and Treatment for Repair/Replacement Activities in Class 2 and 3 Systems XI, Division 1 ML23269A1102023-10-0606 October 2023 Letter to Steven Snider-Revised Schedule for the Environmental Review of the Oconee Nuclear Station, Unit 1, 2, and 3, Subsequent License Renewal Application ML23256A0882023-09-25025 September 2023 Issuance of Alternative to Steam Generator Welds ML23195A0782023-08-29029 August 2023 Issuance of Amendments Regarding the Adoption of Technical Specifications Task Force Traveler TSTF-554, Revision 1 IR 05000269/20230112023-08-25025 August 2023 Comprehensive Engineering Team Inspection Report 05000269/2023011 and 05000270/2023011 and 05000287/2023011 IR 05000269/20230052023-08-25025 August 2023 Updated Inspection Plan for Oconee Nuclear Station Units 1, 2 and 3 (Report 05000269/2023005, 05000270/2023005, and 05000287/2023005) IR 05000269/20230022023-07-28028 July 2023 Integrated Inspection Report 05000269/2023002, 05000270/2023002 and 05000287/2023002 ML23208A0972023-07-27027 July 2023 Subsequent License Renewal List of Threatened and Endangered Species That May Occur in Your Proposed Project Location or May Be Affected IR 05000269/20230102023-07-19019 July 2023 Biennial Problem Identification and Resolution Inspection Report 05000269/2023010 and 05000270/2023010 and 05000287/2023010 and Notice of Violation ML23178A0682023-07-0303 July 2023 Audit Plan Proposed Alternative to Use ASME Code Case N-752, Risk-Informed Categorization and Treatment for Repair/Replacement Activities in Class 2 & 3 Systems Section XI, Division 1 ML23132A2392023-06-0101 June 2023 Summary of the April 2023 Remote Environmental Audit Related to the Review of the Subsequent License Renewal Application ML23144A0192023-05-25025 May 2023 Review of the Spring 2022 Steam Generator Tube Inspection Report (O3R31) IR 05000269/20230012023-05-12012 May 2023 Integrated Inspection Report 05000269/2023001 and 05000270/2023001 and 05000287/2023001 ML23121A0552023-05-0303 May 2023 Acknowledgement of Withdrawal Request to Revise TS 5.5.2 Containment Leakage Rate Testing Program ML23118A0762023-05-0101 May 2023 Approval for Use of Specific Provision of a Later Edition of the American Society of Mechanical Engineers Boiler and Pressure Vessel Code, Section XI ML23117A0432023-04-20020 April 2023 Framatome, Inc., Part 21 Notification of Existence of a Defect ML23075A0732023-04-0505 April 2023 License Renewal Regulatory Audit Regarding the Environmental Review of the Subsequent License Renewal Application Supplement (EPID Number L-2021-SLE-0002) ML23045A1332023-03-15015 March 2023 Request for Scoping Comments Concerning the Supplemental Environmental Review of Oconee Nuclear Station, Units 1, 2, and 3, Subsequent License Renewal Application - Achp Letter ML23045A1402023-03-15015 March 2023 Request for Scoping Comments Concerning the Supplemental Environmental Review of Oconee Nuclear Station, Units 1, 2, and 3, Subsequent License Renewal Application - Shpo Letter ML23045A1432023-03-15015 March 2023 Request for Scoping Comments Concerning the Supplemental Environmental Review of Oconee Nuclear Station, Units 1, 2, and 3, Subsequent License Renewal Application - State Tribe Letter ML22332A4932023-03-10010 March 2023 William States Lee III 1 and 2 - Issuance of Amendments Regarding the Relocation of the Emergency Operations Facility ML23069A1102023-03-10010 March 2023 Notification of Inspection and Request for Information for NRC Problem Identification and Resolution Inspection ML23061A1772023-03-0303 March 2023 Notification of Oconee Nuclear Station Comprehensive Engineering Team Inspection - NRC Inspection Report 05000269/2023011, 05000270/2023011 and 05000287/2023011 IR 05000269/20220062023-03-0101 March 2023 Annual Assessment Letter for Oconee Nuclear Nuclear Station, Units 1, 2 and 3 (NRC Inspection Report 05000269/2022006, 05000270/2022006, and 05000287/2022006) ML23039A1632023-02-0808 February 2023 Requalification Program Inspection ML23037A0772023-02-0606 February 2023 402 Cyber Notification and RFI Letter Final IR 05000269/20220042023-02-0202 February 2023 Integrated Inspection Report 05000269 2022004 and 05000270/2022004 and 05000287/2022004 ML22363A3942023-01-12012 January 2023 Subsequent License Renewal Environmental Report Supplement - Proposed Review Schedule ML22356A0512022-12-14014 December 2022 Curtiss-Wright Nuclear Division, Letter Regarding Potential Efect in a Configuration of the 11/2 Inch Quick Disconnect Connector Cable Assemblies Supplied to Duke Energy (See Attached Spreadsheet) for a Total of 460 of Connectors Only Suppl ML22321A0492022-12-0808 December 2022 Issuance of Amendment Nos. 426, 428 and 427, Additional Mode Change Limitations Applicable to the Adoption of TSTF- 359, Revision 9, Increase Flexibility in Mode Restraints ML22329A1042022-11-29029 November 2022 Review of the Fall 2021 Steam Generator Tube Inspection Report ML22321A1582022-11-22022 November 2022 Summary of Conference Call Regarding the Fall 2022 Steam Generator Tube Inspections ML22096A0032022-11-18018 November 2022 McGuire Nuclear Station and Shearon Harris Nuclear Power Plant Authorization of RA-19-0352 Regarding Use of Alternative for RPV Head Closure Stud Examinations ML22256A2532022-11-14014 November 2022 Issuance of Amendments Regarding the Adoption of Technical Specifications Task Force Traveler TSTF-541, Rev. 2 IR 05000269/20220032022-11-0707 November 2022 Integrated Inspection Station 05000269/2022003 and 05000270/2022003 and 05000287/2022003 ML22301A0112022-11-0303 November 2022 Request for Withholding Information from Public Disclosure Regarding the SLR Application - September 2, 2022 ML22298A0752022-10-27027 October 2022 Request for Withholding Information from Public Disclosure Regarding the Subsequent License Renewal Application Duke Energy Letter Dated July 25, 2022 ML22264A0322022-10-20020 October 2022 _Request for Withholding Information from Public Disclosure Regarding the Subsequent License Renewal Application - Duke Energy Letter Dated July 8, 2022 IR 05000269/20220112022-09-26026 September 2022 NRC Inspection Report 05000269/2022011 and 05000270/2022011 and 05000287/2022011 ML22258A0302022-09-15015 September 2022 Evacuation Time Estimate Reports ML22222A0072022-09-14014 September 2022 Request for Withholding Information from Public Disclosure Regarding the Subsequent License Renewal Application ML22231B1362022-09-0101 September 2022 Review of the Draft Environmental Assessment and Findings of No Significant Impact for Catawba Nuclear Station, H.B. Robinson Steam Electric Plant, and Oconee Nuclear Station Independent Spent Fuel Storage Installation Decommissioning Fundi ML22234A0062022-08-30030 August 2022 SLRA - Closed Public Meeting Summary - August 18, 2022 2024-02-01
[Table view] |
Text
,4 UNITED STATES 0. NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 April 18, 2013 IN RESPONSE REFER TO FOIA/PA-2013-00005A (FOIANPA-2013-0108)
Mr. Lawrence Criscione
Dear Mr. Criscione:
On behalf of the U.S. Nuclear Regulatory Commission (NRC), I am responding to your February 23, 2013, e-mail to the Freedom of Information Act/Privacy Act officer. You appealed the agency's February 7, 2013, response letter to your February 5, 2013, Freedom of Information Act (FOIA) request (FOIA/PA-2013-0108) for a copy of the document, "Communication plan for information request pursuant to 10 CFR 50.54 (f)related to external flooding, including failure of the Jocassee Dam," Agencywide Documents Access and Management System (ADAMS) Accession NO. ML082250166.
Specifically, you appealed the NRC's decision to withhold a portion of the record under FOIA Exemption 7(F), based on your assertion that nothing in the report indicates that the information was compiled for law enforcement purposes, nor is there anything which would indicate that disclosure could reasonably be expected to endanger the life or physical safety of an individual.
Additionally, you claim that the withheld information"merely pertains to the nuclear safety hazard which deficiencies in the Oconee Station's flooding defenses pose to the American public." You also state that, "these safety risks are present due to the risks of natural disasters and latent engineering/construction flaws and have nothing specifically to do with terrorist activities." You correctly point out that FOIA Exemption 7(F) can be used to withhold information that, if disclosed, could reasonably be expected to endanger the life or physical safety of an individual.
In this case, the NRC is using FOIA Exemption 7(F) to withhold information which the agency reasonably believes may be beneficial to terrorists or saboteurs.
However, you note that FOIA Exemption 7(F) can be applied in this case only if the information "pertains to security processes or hardware." The 1986 FOIA amendments created expanded categories and wider interpretations and thus broadened the use of FOIA Exemption 7(F). Now, FOIA Exemption 7(F) provides new avenues of protection for sensitive information that could prove deadly if obtained by those seeking to do harm to the public on a large scale. In fact, the courts have found FOIA Exemption 7(F) readily available to protect against disclosure of inundation maps that showed projected patterns in which downstream areas would be catastrophically flooded in the event of breaches in nearby dams. Please refer to the case Living Rivers, Inc. v. United States Bureau of Reclamation, 272 F. Supp. 2d 1313, 1321-22 (D. Utah 2003). See also Public Employees for Environmental Responsibility
- v. United States Section, International Boundary and Water Commission, 839 F. Supp. 2d 304, 327-28 (D.D.C. 2012).
--Acting-on-your-appeal,-the-NRC-has-reviewed-the-record-and-has-determined-that-the-
-agency will continue to withhold certain information under Exemption 7F; but additional information in attachment 2 may be released.
The revised record is enclosed.Therefore, the NRC has denied your appeal in part and granted your appeal in part.This is the NRC's final decision.
As set forth in the FOIA (5 U.S.C. § 552 (a)(4)(B)), you may seek judicial review of this decision in a district court of the United States in the district in which you reside or have your principle place of business.
You may also seek judicial review in the district in which the agency's records are located or in the District of Columbia.Sincerely, Dar Deputy Executive Director for Corporate Management and Chief Freedom of Information Act Officer Office of the Executive Director for Operations
Enclosure:
As stated