ML13246A361

FOIA/PA-2013-0273 - Resp 1 - Final

ML13246A361
Person / Time
Site:	Wolf Creek
Issue date:	08/29/2013
From:	Sealing D NRC/OIS/CSD/FPIB
To:	Tillery A Horn Alyward & Bandy
References
FOIA/PA-2013-0273
Download: ML13246A361 (1)

Text

NRC FORM 464 Part I U.S. NUCLEAR REGULATORY COMMISSION FOIA/PA RESPONSE NUMBER (08-2013)

RESPONSE TO FREEDOM OF 2013- 027 3 1 INFORMATION ACT (FOIA) / PRIVACY ACT(P)

RQUSTRESPONSE ['*FINAL [*]PARTIAL ACT (PA) REQUEST TYPE REQUESTER DATE Amy Tillery AM 2 9 7IS PART I. -- INFORMATION RELEASED No additional agency records subject to the request have been located.

D Requested records are available through another public.distribution program. See Comments section.

W GROUP Agency records subject to the request that are identified in the specified group are already available for A public inspection and copying at the NRC Public Document Room.

71 GROUP Agency records subject to the request that are contained in the specified group are being made available for B, C public inspection and copying at the NRC Public Document Room.

r* GROUP B, C Agency records subject to the request are enclosed.

ED Records subject to the request that contain information originated by or of interest to another Federal agency have been 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 L.A -- FEES AMOUNT*387.71 L You will be billed by NRC for the amount listed. L None. Minimum fee threshold not met.

See comments for details LZ' You will receive a refund for the amount listed. F Fees Fed waived.

PART I.B -- INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE D No agency records subject to the request have been located. For your information, Congress excluded three discrete categories of law enforcement and national security records from the requirements of the FOIA. See 5 U.S.C. § 552(c)

(2006 & Supp. IV (2010). This response is limited to those records that are subject to the requirements of the FOIA. This is a standard notification that is given to all our requesters and should not be taken as an indication that excluded records do, or do not, exist.

5 Certain information in the requested records is being withheld from disclosure pursuant to the exemptions described in and for the reasons stated in Part I1.

This determination may be appealed within 30 days by writing to the FOIA/PA Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. Clearly state on the envelope and in the letter that it is a "FOIA/PA Appeal."

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

The incoming FOIA Request can be located in ADAMS at ML 13179AO52.

Records with a ML Accession Number are publicly available in the NRC's Public Electronic Reading Room at http:www.nrc.gov/

reading-rm.html. If you need assistance in obtaining these records, please contact the NRC's Public Documents Room (PDR) at 301-415-4737, or 1-800-397-4209, or by e-mail to PDR.Resource@nrc.gov.

Requester will be refunded $387.71 (based on actual cost of 12 hours1.388889e-4 days <br />0.00333 hours <br />1.984127e-5 weeks <br />4.566e-6 months <br /> search time [minus 2 free hours] @$56.36 per hour and $1.65 for the cost of I CD ROM). Requester previously paid $952.96 ( based on estimated costs)

SIGNATURE - FREEDOM OF Donna L. Sealing ti NRC FORM 464 Part 1 (08-2013)

NRC (0 8 -2 0 1FORM

3) e 464

" - - - .,Part 1%II U.S. NUCLEAR REGULATORY COMMISSION FOIA/PA 2 0 13 - 02 7 3

(!*,* RESPONSE TO FREEDOM OF INFORMATION DATE ACT (FOIA) /PRIVACY ACT (PA) REQUEST I 2 ý, 2013 PART II.A -- APPLICABLE EXEMPTIONS GROUP Records subject to the request that are contained in the specified group are being withheld in their entirety or in part under the C, D Exemption No.(s) of the PA and/or the FOIA as indicated below (5 U.S.C. 552a and/or 5 U.S.C. 552(b)).

D-1 Exemption 1: The withheld information is properly classified pursuant to Executive Order 12958.

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 statute indicated.

Data (42 U.S.C.

D Sections 141-145 of the Atomic Energy Act, which prohibits the disclosure of Restricted Data or Formerly Restricted 2161-2165).

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

D* 41 U.S.C., Section 4702(b), prohibits the disclosure of contractor proposals in the possession and control of an executive agency to any person under section 552 of Title 5, U.S.C. (the FOIA), except when incorporated into the contract between the agency and the submitter of the proposal.

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

D The information is considered to be confidential business (proprietary) information.

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

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

D Disclosure will harm an identifiable private or governmental interest.

W Exemption 5: The withheld information consists of interagency or intraagency records that are not available through discovery during litigation.

Applicable privileges:

Deliberative process: Disclosure of predecisional information would tend to inhibit the open and frank exchange of ideas essential to the W deliberative process. Where records are withheld in their entirety, the facts are inextricably intertwined with the predecisional information.

There also are no reasonably segregable factual portions because the release of the facts would permit an indirect inquiry into the predecisional process of the agency.

D Attorney work-product privilege. (Documents prepared by an attorney in contemplation of litigation)

ED Attorney-client privilege. (Confidential communications between an attorney and his/her client) r Exemption 6: The withheld information is exempted from public disclosure because its disclosure would result in a clearly 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.

(A) Disclosure could reasonably be expected to interfere with an enforcement proceeding (e.g., it would reveal the scope, direction, and focus of enforcement efforts, and thus could possibly allow recipients to take action to shield potential wrong doing or a violation of NRC requirements from investigators).

D (C) Disclosure could constitute an unwarranted invasion of personal privacy.

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

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

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

1 OTHER (Specify)

Outside of Scope PART II.B -- DENYING OFFICIALS Pursuant to 10 CFR 9.25(g), 9.25(h), and/or 9.65(b) of the U.S. Nuclear Regulatory Commission regulations, it has been determined that the information withheld is exempt from production or disclosure, and that its production or disclosure is contrary to the public interest. The person responsible for the denial are those officials identified below as denying officials and the FOIA/PA Officer for any denials that may be appealed to the Executive Director for Operations (EDO).

DENYING OFFICIAL TITLE/OFFICE RECORDS DENIED EDO I SECY IcIG Eric J. Leeds Director, Office of Nuclear Reactor Regulation Appendix C z D] [D Dr. Brian W. Sheron Director, Office of Nuclear Regulatory Research Appendix D D[ ]

E.DD Appeal must be made in writing within 30 days of receipt of this response. Appeals should be mailed to the FOIA/Privacy Act Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, for action by the appropriate appellate official(s). You should clearly state on the envelope and letter that it is a "FOIA/PA Appeal."

NRC FORM 464 Part 11(08-2013)

FOIA/PA-2013-0273 APPENDIX A RECORDS ALREADY PUBLICLY AVAILABLE ACCESSION NO. DATE NUMBER DESCRIPTION/ (PAGE COUNT)

1. 04/04/12 ML12095A414 Letter from E. Collins, NRC to M. Sunseri, Wolf Creek Generating Station on IR 05000482-12-008, on 01/30/12 - 03/06/12, Wolf Creek Nuclear Operating Corporation -

NRC Augmented Inspection Team Report.

(58 pages)

2. 03/15/13 ML13073A172 Letter from F. Lyon, NRR to M. Sunseri, Wolf Creek Generating Station on Preliminary Accident Sequence Precursor Analysis of January 2012 Loss of Offsite Power Event (2 pages)

3. 08/16/12 ML122260214 Memorandum from J. McHale, NRR to H.

Chernoff, NRR on IOLB Evaluation of IFR 2012-04 Relating to Wolf Creek Loss of Offsite Power and Notification of Unusual Event. (6 pages)

4. 03/15/13 ML13073A205 Wolf Creek Generating Station - Enclosure -

Preliminary Accident Sequence Precursor Analysis of January 2012Loss of Offsite Power Event. (24 pages)

5. 07/12/13 ML13109A234 Memo from R. Mathew, NRR to H. Chernoff, NRR on Safety Evaluation Regarding Wolf Creek Generating Station - loss of offsite power and Augmented Inspection, Issue for resolution 2012-004. (12 pages)

6. 05/16/13 ML13115A184 Transmittal Memo of Final Wolf Creek Generating Station Accident Sequence Precursor Analysis (3 pages)

7. 05/16/13 ML13115A190 Final ASP Analysis-Wolf Creek Generating Station, Multiple Switchyard Faults Cause Reactor Trip and Subsequent Loss of Offsite Power (24 pages)

FOIA/PA-2013-0273 APPENDIX B RECORDS BEING RELEASED IN THEIR ENTIRETY NO. DATE DESCRIPTION/ (PAGE COUNT)

1. Undated Photographs of pictures of cables from Wolf Creek. (4 pages)

2. 01/20/12 Email from M. King, NRR to J. Robles, NRR and R. Hall, NRR FW: Wolf Creek Status - regarding reactive inspection. (1 page)

3. 01/23/12 Email from R. Sigmon, NRR to J. Thompson, NRR RE: MD 8.3 decision to conduct AIT at Wolf Creek. (1 page)

4. 01/25/12 Email from M. King, NRR to H. Chernoff, NRR et al., FW: Wolf Creek AIT is requesting an IOEB team member to be assigned to support the AIT. (1 page)

5. 01/25/12 Email from R. Hall, NRR to J. Andersen, NRR et al., FW: Draft Wolf Creek AIT Charter. (1 page)

6. 01/25/12 Email from M. King, NRR to R. Hall, NRR and J. Robles, NRR RE:

Draft Wolf Creek AIT Charter - does NRR need to concur on the Charter? (3 pages)

7. 01/31/12 Email from S. Pannier, NRR to J. Robles, NRR RE: Wolf Creek AIT. (1 page)

8. 01/31/12 Email from R. Telson, NRR to J. Robles, NRR RE: Wolf Creek AIT. (1 page)

9. 02/22/12 Email from K. Gray, NRR to J. Robles, NRR FW: Matharu, Gurcharan has completed the Green From for TAC ME8O.04.

(1 page)

10. 06/19/13 OpE Communication on Augmented Inspection - Wolf Creek Generating Station Loss of Offsite Power and Notification of Unusual Event. (5 pages)

11. 08/21/12 Email from J. Robles, NRR to J. Robles, NRR et al. RE: IFR 2012-04 - Wolf Creek LOOP/NOUE and Augmented Inspection Team Review. (1 pages)

12. 10/23/12 Email from J. Andersen, NR to P. Sahay, NRR FW: Wolf Creek IFR 2012 TAC ME8004. (1 page)

FOIAIPA-2013-0273 APPENDIX C RECORDS BEING WITHHELD IN PART NO. DATE DESCRIPTION/ (PAGE COUNT)IEXEMPTIONS

1. 01/17/12 Email from M. King, NRR on IOEB Clearinghouse Screening Summary for Tuesday, January 17, 2012. (3 pages) Outside of Scope

2. 01/23/12 Email from J. Thompson, NRR to M. King, NRR and R. Hall, NRR on RE: MD 8.3 for Call Participants - Wolf Creek call - should be at 3 PM today EDT per Randy Hall, PM - they are recommending an AIT. (2 pages) Exemption 6

3. 01/23/12 Email from M. King, NRR on lOEB Clearinghouse Screening Summary for Monday, January 23, 2012. (4 pages) Outside of Scope

4. 01/31/12 Email from M. King, NRR on IOEB Clearinghouse Screening Summary for Tuesday, January 31, 2012. (4 pages) Outside of Scope

5. 02/16/12 Email from M. King, NRR on IOEB Clearinghouse Screening Summary for Thursday, February 16, 2012. (5 pages) Outside of Scope

6. 03/22/12 Email from M. King, NRR to J. Robles, NRR FW: Reqeust for a Technical Contact. (2 pages) Outside of Scope and Exemption 6

7. 05/08/12 Email from M. King, NRR on lOEB Clearinghouse Screening Summary for Tuesday, May 8, 2012. (2 pages) Outside of Scope

8. 10/24/12 Email from G. Matharu, NRR to P. Sahay, NRR FW: Wolf Creek IFR 2012 TAC ME8004. (3 pages) Outside of Scope

9. 01/19/12 Email from M. King, NRR to R. Kendzia, NRO and J. Robles, NRR FW: Wolf Creek event followup on EN 47590 - from lOEB Clearinghouse Screening Summary for Tuesday, January 17, 2012. (2 pages) Exemption 6

Re: FOIAIPA-2013-0273 APPENDIX D RECORDS BEING WITHHELD IN THEIR ENTIRETY NO. DATE DESCRIPTIONI(PAGE COUNT)/EXEMPTIONS

1. 02/22/13 Memorandum from Doug H. Coe, Acting Director, Division of Risk Analysis, Office of Nuclear Regulatory Research to Michele G. Evans, Division of operating Reactor Licensing, Office of Nuclear Reactor Regulation,

Subject:

Transmittal of Preliminary Wolf Creek Generating Station Accident Sequence Precursor Analysis For Internal and Licensee Review(3 pages) / Exemption 5