ML110050048

FOIA/PA-2010-0290 Resp 9 - Partial

ML110050048
Person / Time
Issue date:	12/22/2010
From:	Sealing D NRC/OIS/IRSD/ISB
To:	Lochbaum D Union of Concerned Scientists
References
FOIA/PA-2010-0290
Download: ML110050048 (1)

Text

NRC FORM 464 Part I U.S. NUCLEAR REGULATORY COMMISSION FOIA/PA RESPONSE NUMBER (6-1998)

EG0 2010-0290 9 0 RESPONSE TO FREEDOM OF 9 INFORMATION ACT (FOIA) / PRIVACY ACT (PA) REQUEST TYPE REQUESTER DATE David Lochbaum DEL2 2. '

PART I. -- INFORMATION RELEASED D- No additional agency records subject to the request have been located.

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

-- APPENDICES Agency records subject to the request that are identified in the listed appendices are already available for public inspection and copying at the NRC Public Document Room.

APPENDICES Agency records subject to the request that are identified in the listed appendices are being made available for Q,S public inspection and copying at the NRC Public Document Room.

F- DocumentisRoom,

-Enclosed information on how you may obtain access to and the charges for copying records located at the NRC Public 11555 Rockville Pike, Rockville, MD 20852-2738.

APPENDICES QAP S 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 referred to that agency (see comments section) for a disclosure determination and direct response to you.

SWe are continuing to process your request.

E* See Comments.

PART L.A -- FEES AMOUNT

• D You will be billed by NRC for the amount listed. Z None. Minimum fee threshold not met.

$ D- You will receive a refund for the amount listed. B Fees waived.

See comments for details PART I.B -- INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE B* No agency records subject to the request have been located.

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 L.C COMMENTS (Use attached Comments continuation paqe if required)

The incoming FOIA/PA-2010-0290 request is located in ADAMS at MLI 02170162.

SIGNATURE - FREEDOM OF INFC~ATION ACT AND F))ACY ACT OFFICER DonI-NR FoR 464 Part~1 (619)PRNE NREYLDPAE hsfomwsdeinduin'nom NRC FORM 464 Part 1 (6-1998) PRINTED ON RECYCLED PAPER This form was designed using InForms

NRC FORM 464 Part II U.S. NUCLEAR REGULATORY COMMISSION FOIA/PA DATE (2-2008)

RESPONSE TO FREEDOM OF INFORMATION 2010-0290 ACT (FOIA) / PRIVACY ACT (PA) REQUEST I PART II.A -- APPLICABLE EXEMPTIONS APPENDICES Records subject to the request that are described in the enclosed Appendices are being withheld in their entirety or in part under the Q,R 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)).

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

L] Exemption 2: The withheld information relates solely to the internal personnel rules and procedures of NRC.

1 Low 2 Internal matters of a relatively trivial nature.

] High 2 Disclosure would risk circumvention of a legal requirement.

- Exemption 3: The withheld information is specifically exempted from public disclosure by statute indicated.

Sections 141-145 of the Atomic Energy Act, which prohibits the disclosure of Restricted Data or Formerly Restricted Data (42 U.S.C.

~ El 2161-2165).

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

41 IU.S.C., Section 253b, subsection (m)(1), 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.

• 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.

-- 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).

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

Z Disclosure will harm an identifiable private or governmental interest.

[] 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 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.

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

D Attorney-client privilege. (Confidential communications between an attorney and his/her client)

SExemption 6: The withheld information is exempted from public disclosure because its disclosure would result in a clearly unwarranted invasion of personal privacy.

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

V7 (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 wrongdoing or a violation of NRC requirements from investigators).

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

F-I (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.

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

Eý OTHER (Specify)

PART I1.B -- DENYING OFFICIALS Pursuant to 10 CFR 9.25(9), 9.25(h), and/or 9.65(b) of the U.S. Nuclear Regulatory Commission regulations, it has been deterniined 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 ATE IC EDO SECY IG Dr. Brian W. Sheron Director, Office of Nuclear Regulatory Research Appendix Q/1 . - _

Michael R. Johnson Director, Office of New Reactors Appendix Q/2, Q/3, Appendix R 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 (2-2008) PRINTED ON RECYCLED PAPER

FOIA-2010-0290 APPENDIX Q RECORDS WITHHELD IN PART NO. DATE DESCRIPTION/PAGE COUNT)/EXEMPTIONS

1. 5/7/09 E-Mail from Ball to Rubin, China Cooperation (2 pages) Ex. 4

2. Undated Trainee List of AP1O00 Nuclear Reactor Training (5 pages) Ex. 6

3. Undated Business Cards (1 page) Ex. 6

FOIA-2010-0290 APPENDIX R RECORDS WITHHELD IN THEIR ENTIRETY NO. DATE DESCRIPTION/(PAGE COUNT)/EXEMPTIONS

1. 8/5-20/07 First NNSA/NRC Cooperative Exchange (3 pages) Ex. 4

2. 8/17/07 Nuclear and Radiation Safety Regulation in China (50 pages) Ex. 4, 5

FOIA-2010-0290 APPENDIX S RECORDS RELEASED IN THEIR ENTIRETY NO. DATE DESCRIPTION/PAGE COUNT

1. 8/5/07 Meeting Agenda (7 pages) ML072550330

2. 8/17/07 Final Thoughts Speech/Starefos (3 pages) ML072560751

3. 8/27/07 Quick Look Report (2 pages) ML072480481