ML16118A158

FOIA/PA-2016-0071 - Resp 4 - Final

ML16118A158
Person / Time
Site:	Oconee
Issue date:	02/19/2016
From:	Andoh R NRC/OCIO/CSD/FPIB
To:	Lawrence Criscione - No Known Affiliation
References
FOIA/PA-2016-0071
Download: ML16118A158 (4)

Text

NRC FORM 464 Part I U.S. NUCLEARREGULATORY COMMISSION FOIA RESPONSE NUMBER (12-2015)

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. RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST I 2016-0071 11 4

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..... .,.o/ RESPONSE TYPE D INTERIM 0 FINAL REQUESTER: DATE:

!Lawrence Criscione DESCRIPTION OF REQUESTED RECORDS:

11 02/19/2016 I

All non-publicly available agency records generated since 09/18/2012 pertaining to docket numbers 05000269, 05000270, or 0500028 [Oconee Nuclear Station] and containing the word 'Jocassee'.

PART I. -- INFORMATION RELEASED Agency records subject to the request are already available in public ADAMS or on microfiche in the NRC Public Document 0 Room.

D 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.

0 See Comments.

PART I.A ** FEES AMOUNT' D You will be billed by NRC for the amount listed. 0 None. Minimum fee threshold not met.

s jl i

• see Comments for delails D You will receive a refund for the amount listed.

D Fees waived.

PART 1.8 -- INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE D enforcement We did not locate any agency records responsive to your request. Note: Agencies may treat three discrete categories of law 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.

D 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 30 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, orLOJaBe.so..i.ru;e.@.n.!:c"g_o.v" Please be sure to include on your letter or email that it is a "FOIA Appeal."

PART l.C COMMENTS (Use attached Comments continuation page if required)

The incoming request will be made available in ADAMS as MLl 5306A020. Records with an ML access~on number are publicly available in the NRC's Public Electronic Reading Room at http://www.nrc.gov/reading-nn.html. If you need assistance in obtaining these records, please contact the NRC's Public Document Room (PDR) at 301-415-4 737, or 1-800-397-4209, or by email to PDR.Resource@nrc.gov. Attached to this response (as well as identified herein) is a listing ofth~f3 additional records that are now available in public ADAMS (MLl3063A065, ML13351A3l7, and ML l 5072A 06) anc 8 additional records that will be made available in public ADAMS, albeit under different ML#s

[continued n next age]

I SIGNATURE REM>~ Ill OF INFORMATION ACT OFFICER

'Roger 'D . .Jlnti~/i I NRG Form 464 Part I (12-2015) . _ I Add. contlnuation.P:age j Dell!~e _continuailon Page Page 2 of 3

NRC FORM 464 Part I 12 2015 1

U.S. NUCLEAR REGULATORY COMMISSION ,.;-FO::.;;IA~-------. RESPONSE NUMBER

' * > I 2016-0071 11 4 RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST Continued RESPONSE TYPE D INTERIM I.; I FINAL REQUESTER: DATE:

ILawrence Criscione 11 0211912016 PART l.C COMMENTS (Continued) that the ones cited in the listing attached to your request (ML122380112, MLJ 3063Al 10, ML13178A212, ML14120A431, ML14139A175, ML15072A107, ML15072A108, and ML1507SA032). This completes our processing of this request. ,

NRC Form 464 Part I (12-2015) Page 3 of 3

NRC FORM 464 Part II U.S. NUCLEAR REGULATORY COMMISSION FOIA (12-2015)

RESPONSE TO FREEDOM OF I 2016-0011#4 INFORMATION ACT (FOIA) REQUEST DATE:

I 0211912016 PART II.A -- APPLICABLE EXEMPTIONS Records subject to the request are being withheld in their entirety or in part under the FOIA exemplion(s) as indicated below (5 U.S.C. 552(b)).

0 Exemption 1: The withheld information is properly classified 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 by the statute indicated.

D 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).

D 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 D submitter of the proposal. -

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

D indicated.

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

D The information is considered lo be another type or _confidential business (proprietary) information.

D The information was submitted by a foreign source and received in confidence pursuant to 10 CFR 2.390(d)(2). 0

[{] 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.

[{] Attorney-client privilege.

r7J _Exemption 6: The withheld information from a personnel, medical, Or similar file, is exempted from public disclosure because its disclosure would result l.!.J 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.

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

D (C) Disclosure eould 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 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.

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

D Other I '. I PART 11.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 AP PELLAlE OFFICIAL DENYING OFFICIAL TITLE/OFFICE RECORDS DENIED EDO SECY IRoger D. Andoh I I ~OIA Officer 11 various I [{] D 11 I D D 11 :I D D

- Appeals must be made in writing within 30 caleniiar 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 f..Q!AJ~__e_$.Q.Y.J~~@JJ.r~g_qy. Please be sure to include on your letter or email that it is a "FOIA Appeal."

NRC Form 464 Part II (12-2015) Page 1of1

FOIA-2016-0071 #4 Records Already Publicly Available

1. ML13063A065 - Oconee Nuclear, Units 1, 2, and 3, Submittal of Overall Integrated Plan, in accordance with the March 12, 2012 Commission Order to Modify Licenses with Regard to Requirements for Mitigation Strategies for Beyond Design Basis External Events, EA-12-049, dated February 28, 2013.

2. ML13351A317 - Oconee Nuclear Station, Units 1, 2, and 3 - Safety Evaluation Input Regarding Temporary Technical Specification Change Request to Extend the Completion Time for an Inoperable Keowee Hydro Unit (TAC NOS. ME9021, ME9022, ME9023), dated December 23, 2013.

3. ML15072A106- Oconee Nuclear Station, Units 1, 2 and 3, Submittal of Revised Flood Hazard Reevaluation Report per NRC's Request for Additional Information, dated March 6, 2015.

NRC FORM 464 Part I U.S. NUCLEARREGULATORY COMMISSION FOIA RESPONSE NUMBER (12-2015)

E

"'""**~a"'

.~*¥~ ...., . i

. RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST I 2016-0071 11 4

I

\+.,

..... .,.o/ RESPONSE TYPE D INTERIM 0 FINAL REQUESTER: DATE:

!Lawrence Criscione DESCRIPTION OF REQUESTED RECORDS:

11 02/19/2016 I

All non-publicly available agency records generated since 09/18/2012 pertaining to docket numbers 05000269, 05000270, or 0500028 [Oconee Nuclear Station] and containing the word 'Jocassee'.

PART I. -- INFORMATION RELEASED Agency records subject to the request are already available in public ADAMS or on microfiche in the NRC Public Document 0 Room.

D 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.

0 See Comments.

PART I.A ** FEES AMOUNT' D You will be billed by NRC for the amount listed. 0 None. Minimum fee threshold not met.

s jl i

• see Comments for delails D You will receive a refund for the amount listed.

D Fees waived.

PART 1.8 -- INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE D enforcement We did not locate any agency records responsive to your request. Note: Agencies may treat three discrete categories of law 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.

D 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 30 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, orLOJaBe.so..i.ru;e.@.n.!:c"g_o.v" Please be sure to include on your letter or email that it is a "FOIA Appeal."

PART l.C COMMENTS (Use attached Comments continuation page if required)

The incoming request will be made available in ADAMS as MLl 5306A020. Records with an ML access~on number are publicly available in the NRC's Public Electronic Reading Room at http://www.nrc.gov/reading-nn.html. If you need assistance in obtaining these records, please contact the NRC's Public Document Room (PDR) at 301-415-4 737, or 1-800-397-4209, or by email to PDR.Resource@nrc.gov. Attached to this response (as well as identified herein) is a listing ofth~f3 additional records that are now available in public ADAMS (MLl3063A065, ML13351A3l7, and ML l 5072A 06) anc 8 additional records that will be made available in public ADAMS, albeit under different ML#s

[continued n next age]

I SIGNATURE REM>~ Ill OF INFORMATION ACT OFFICER

'Roger 'D . .Jlnti~/i I NRG Form 464 Part I (12-2015) . _ I Add. contlnuation.P:age j Dell!~e _continuailon Page Page 2 of 3

NRC FORM 464 Part I 12 2015 1

U.S. NUCLEAR REGULATORY COMMISSION ,.;-FO::.;;IA~-------. RESPONSE NUMBER

' * > I 2016-0071 11 4 RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST Continued RESPONSE TYPE D INTERIM I.; I FINAL REQUESTER: DATE:

ILawrence Criscione 11 0211912016 PART l.C COMMENTS (Continued) that the ones cited in the listing attached to your request (ML122380112, MLJ 3063Al 10, ML13178A212, ML14120A431, ML14139A175, ML15072A107, ML15072A108, and ML1507SA032). This completes our processing of this request. ,

NRC Form 464 Part I (12-2015) Page 3 of 3

NRC FORM 464 Part II U.S. NUCLEAR REGULATORY COMMISSION FOIA (12-2015)

RESPONSE TO FREEDOM OF I 2016-0011#4 INFORMATION ACT (FOIA) REQUEST DATE:

I 0211912016 PART II.A -- APPLICABLE EXEMPTIONS Records subject to the request are being withheld in their entirety or in part under the FOIA exemplion(s) as indicated below (5 U.S.C. 552(b)).

0 Exemption 1: The withheld information is properly classified 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 by the statute indicated.

D 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).

D 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 D submitter of the proposal. -

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

D indicated.

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

D The information is considered lo be another type or _confidential business (proprietary) information.

D The information was submitted by a foreign source and received in confidence pursuant to 10 CFR 2.390(d)(2). 0

[{] 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.

[{] Attorney-client privilege.

r7J _Exemption 6: The withheld information from a personnel, medical, Or similar file, is exempted from public disclosure because its disclosure would result l.!.J 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.

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

D (C) Disclosure eould 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 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.

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

D Other I '. I PART 11.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 AP PELLAlE OFFICIAL DENYING OFFICIAL TITLE/OFFICE RECORDS DENIED EDO SECY IRoger D. Andoh I I ~OIA Officer 11 various I [{] D 11 I D D 11 :I D D

- Appeals must be made in writing within 30 caleniiar 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 f..Q!AJ~__e_$.Q.Y.J~~@JJ.r~g_qy. Please be sure to include on your letter or email that it is a "FOIA Appeal."

NRC Form 464 Part II (12-2015) Page 1of1

FOIA-2016-0071 #4 Records Already Publicly Available

1. ML13063A065 - Oconee Nuclear, Units 1, 2, and 3, Submittal of Overall Integrated Plan, in accordance with the March 12, 2012 Commission Order to Modify Licenses with Regard to Requirements for Mitigation Strategies for Beyond Design Basis External Events, EA-12-049, dated February 28, 2013.

2. ML13351A317 - Oconee Nuclear Station, Units 1, 2, and 3 - Safety Evaluation Input Regarding Temporary Technical Specification Change Request to Extend the Completion Time for an Inoperable Keowee Hydro Unit (TAC NOS. ME9021, ME9022, ME9023), dated December 23, 2013.

3. ML15072A106- Oconee Nuclear Station, Units 1, 2 and 3, Submittal of Revised Flood Hazard Reevaluation Report per NRC's Request for Additional Information, dated March 6, 2015.