ML17276B111

FOIA/PA-2017-0395 - Resp 1 - Final

ML17276B111
Person / Time
Site:	Diablo Canyon
Issue date:	10/02/2017
From:	Stephanie Blaney Information Services Branch
To:	Tarver J - No Known Affiliation
References
FOIA/PA-2017-0395
Download: ML17276B111 (10)

Text

NRC FORM 464 Part I U.S. NUCLEAR REGULATORY COMMISSION FOIA RESPONSE NUMBER I I (0:!-2017)

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2017-0395 I

.l~' ~ RESPONSE TO FREEDOM OF 11

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INFORMATION ACT (FOIA) REQUEST RESPONSE TYPE D INTERIM 0 FINAL REQUESTER: DATE:

!Julian Tarver DESCRIPTION OF REQUESTED RECORDS:

11 10/02/2017 I

FEB 2008 SECY Paper related to PG & E Diablo Canyon ISFSI Docket 72-26-ISFSI PART I. - INFORMATION RELEASED You have the right to seek assistance from the NRC's FOIA Public Liaison. Contact information for the NRC's FOIA Public Liaison is available at .!J..t1P_s~.nr~9v/re.G1.ruJJg:rmliqi;M_gi_11tact-fo.!a..bL111!

D Agency records subject to the request are already available on the Public NRC Website, in Public ADAMS or on microfiche in the.

NRC Public Document Room.

0 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 D referred to that agency (see comments section) for a disclosure determination and direct response to you.

D We are continuing to process your request.

D See Comments.

PART I.A - FEES NO FEES D

AMOUNT' You will be billed by NRC for the amount listed.

• 0 Minimum fee threshold not met.

\I $0.00 l D You will receive a refund for the amount listed.

D Due to our delayed response, you will

• see Comments for details D Fees waived. not be charged fees.

. PART l.B - 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 categories of law enforcement and national security records as not subject to the FOIA ("exclusions"). 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.

[Z] 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 D 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 by sending a letter or e-mail to the FOIA Officer, at U.S. Nuclear Regulatory Commission, Washington, D.C. 20555-0001, or_FOIA._ResQ...l!t~,g_Q.11.. Please be

[Z] sure to include on your letter or email that it is a "FOIA Appeal." You have the right to seek dispute resolution services from the

. NRC's Public Liaison, or the Office of Government Information Services (OGIS). Contact information for OGIS is available at bllp_~e..5...9ID1l.abQut:QQl.§L@~t-inf.o_r1nfiliQn,hirn PART l.C COMMENTS ( Use attached Comments continuation page if required}

The responsive record is enclosed.

Signature - F "8jd11m of Information Act.Officer or Desl1:mee I l ~JV'"'; FJAn  !~ ,,J)( fJ I NRC Form 464Part1(03-2017)

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NRC FORM 464 Part II U.S. NUCLEAR REGULATORY COMMISSION FOIA I

(03-2017) r>R.Ug"c.,._

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RESPONSE TO FREEDOM OF 2017-0395 I

INFORMATION ACT (FOIA) REQUEST

\. ...... 'I DATE:

I 10/02/2017 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)).

D Exemption 1: The withheld infonnation is properly dassified pursuant to an Executive Order protecting. national security Information.

D Exemption 2: The withheld information relates solely to the internal personnel rules and practices of NRC.

D Exemption 3: The withheld information is specifically exempted from public disclosure ~y the statute indicated.

D Sections 141-145 of the Atomic Energ.y Act, which prohibits the disclosure of Restricted Data or Formerly Restricted Data (42 u.s.c. 2161-2165).

D Section 147 of the Atomic Energy Act, which 'prohibits the disdosure of Unclassified Safeguards Information (42 U.S.C. 2167).

41 U.S.C. 4l02(b), which prohibits the disclosure of contractor proposals, except when incorporated into the contract between the agency and the D submitter of the proposal.

o Exemption 4: The withheld information is a trade secret or confldential commercial or financial information that is being withheld for the reason(s) indicated.

The infonmation is considered to be proprietary because it concerns a licensee's or applicant's physical protection or material control and D accounting program for special nuclear material pursuant to 10 CFR 2.390(d)(1).

D The infonmation is considered to be another type or confidential business (proprietary) information.

D The information was submitted by a foreign source and received in confidence pursuant to 1o 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.

D Attorney work product privilege.

0 Attorney-client privilege.

Exemption 6: The withheld information from a personnel, medical, or similar file, is exempted from public disclosure because* its disdosure would result D in a dearly unwarranted invasion of personal privacy.

D Exemption 7: The withheld information consists of records compiled for law enforcement purposes and is being withheld for the reason(s) indicated.

D (A) Disclosure could reasonably be expected to interfere with an open enforcement proceeding.

D (C) Disclosure could reasonably be expected to constitute an unwarranted invasion of personal privacy.

(D) The infonnation consists of mimes and other information the disclosure of which could reasonably be expected to reveal identities of confidential D sources.

(E) Disclosure would reveal techniques and procedures for law enforcement Investigations or prosecutions, or guidelines that could reasonably be D expected to risk circumvention of the law.

D (F) Disclosure could reasonably be expected to endanger the life or physical safety of an individual.

D Other I I PART 11;8 - 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 Al'PEUATE OFFICIAL DENYING OFFICIAL TITLEIOFFICE RECORDS DENIED EOO SECY IAnnette Vietti-Cook 11 Secretary of the Commission/SECY 11 Portions of SECY-08-0025 ID 0 11 I I D D 11 I I D D Appeals must be made in writing within 90 calendar days of the date of this response by sending a letter or email to the FOIA Officer, at u_s. Nuclear Regulatory Commission, Washington, D.C. 20555-0001, or FOIA.Resource@nrc.goJl. Please be sure to include on your letter or email that it is a "FOIA Appeal."

N*Rc Form 464 Part II (03-2017) Page 1of1

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ADJUDICATORY ISSUE (AFFIRMATION)

February 27, 2008 SECY-08-0025 FOR: The Commissioners FROM: John F. Cordes, Director /RAJ Office of Commission Appellate Adjudication

SUBJECT:

Pacific Gas and Electric Co. (Diablo Canyon ISFSI), Docket No.

72-26-ISFSI, San Luis Obispo Mothers for Peace's Response to NRG Staff's Vaughn Index, Request for Leave to Conduct Discovery Against the NRG Staff, Request tor Access to Unredacfed Reference Documents, and Request for Procedures to Protect Submission of Sensitive Information

• PURPOSE: (b)(5)

.Att-0m-ey-

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To address SLOMFP's response to the NRC Staff's filing of its Contention 1 b ____ _

Document Reference List and associated Vaughn index.

(b)(5) Attorney-Client Privilege BACKGROUND AND DISCUSSION:

In CLl-08-01, the Commission admitted Contention 1(b) "to the extent that it alleges that the [NRC] Staff failed to provide source documents or information underlying its analysis, and failed to identify appropriate FOIA [Freedom of Information Act] exemptions for its withholding decisions."1 The Commission directed the Staff to submit a "complete list" of the source documents for its environ'mental assessment, along with a "Vaughn index (or 1

Pacific Gas and Electric Co. (Diablo Canyon Independent Spent Fuel Storage Installation), CLl-08-01, 67 NRC _(Jan. 15, 2008), slip op. at 19.

CONTACT: Bernice C. Ammon 415-2249 OFFICIAL: l::JSE ONLY SENSITl'ti'E ABdl::JBl0AT0R'f MA'fERIAL LIMITEB T9 Al::JT119Rli!E8 60MMISSl0N A8cll::JBIGMORY EMPLOYEES l:INLESS Tl IE COMMISSION gi:riRMINES OTl=lliRWISE

2 OFP'ICIM: t:ISE ONLY. Jiif):Jl:1BleAT6ft:'( MAl'EKIA:L LIMl'fEB TO AUTI IOR:li!!EB NR:e ABdl:IBISMORY EMPLO¥EES UNLESS Tl IE OOMMISSION BETER:MINES OTI IERW'ISE its equivalent)" ex.plaining the FOIA basis for withholding any documents or portions of documents.2 The NRC Staff filed its Reference Document List and Vaughn index in response to this 3

direction. San Luis Obispo Mothers for Peace (SLOMFP) filed a response to the Staff's 4

filing. SLOMFP's response argued that the Vaughn index "is both incomplete and inadequate," that the Staff is unlawfully withholding "secret law" with respect to at least one document, that the Commission should grant SLOMFP access to unredacted documents under a protective order, and that SLOMFP should be given the opportunity

• to make additional discovery requests to the NRC Staff based on information in the redacted documents that the Staff has provided. 5 (b)(5) Attomev-Client Privileoe The rest of SLOMFP's response provides details regarding its challenge to the completeness qf the Staff's Reference Document List and the adequacy of the Staffs Vaughn index. 1 (b)(5) Attorney-Client Privilege 2

Id., slip op. at 18.

3 NRG Staff's Response to Commission Order to Provide Reference List and Vaughn Index (Feb. 13, 2008) {Staff Reference Response). The Staff also filed an addendum to this submission: Addendum to NRG Staff's Response to Commission Order to Provide Reference List and Vaughn Index (Feb. 15, 2008) (Staff Addendum).

4 San Luis Obispo Mothers for Peace's Response to NRG Staff's Vaughn Index, Request for Leave to Conduct Discovery Against the NRG Staff, Request for Access to Unredacted Reference Documents, and Request for Procedures to Protect Submission of Sensitive Information (Feb. 20, 2008) (SLOMFP Response}.

5 SLOMFP Response at 1-2.

(b )(5) Attorney-Client 7 Privilege OFFICIAL l::JSE ONLY. ABdl:JBIGA"fORY MA'TERliltL LIMITEB TO At:ITI IOR:IZEB NRG og 'U!;llC°l"O~¥ &~~~L.0¥1i:&s I 'NL.&88 TMlii bQMMl881Q~I QliiTliiRMINlii8 QfMliiH\OJl81ii

3 6fifi1Clld: tJSE 01\IL t. ADJUDICATORY IVIATERIAC LIMI I ED I 0 AO I HORIZED NRG ABdl:JBISA=rQRY liMPbQYlili5 UNL.li5~ Tl:IEi CO~U41SSION DETERMINES OTHERWISE (b)(5) Attorney-Client Privilege (b)(5) Deliberative Priviiege,(b)(5) Attorney-Client Privilege RECOMMENDATION:

I

Attachment:

Draft Decision (b)(S) Attomey-CHent Pn*il*J 8

(b)(5) Attorney-Client Privile e OFFICIA:l l:ISE ONLY. ABill:IBleMeft'f MMEfflAL LIMl'fEO f6 A:tJ'ft'IOfflZ:!D j'(;IRC AD "*CIC UO~Y Eill41"L.0YliiliiS UWL.lii~~ THI!! CQMMl8Sl9N 8ETERMINES OTI IERWISE

Page 4 of8 Withheld pursuant to exemption (b)(5) Attorney-Client Privilege of the Freedom of Information and Privacy Act

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Page 7 of 8 Withhelcl pursuant to exemption (b)(5) Attorney-Client Privilege of the Freedom of Information and Privacy Act

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