ML061160414

FOIA/PA-2006-0081 - Resp 2 - Final

ML061160414
Person / Time
Site:	Indian Point
Issue date:	04/21/2006
From:	Nichols R NRC/OCIO/WPDSD/FOIA, NRC/OIS/IRSD/RFSB
To:	Musegaas P Riverkeeper
References
FOIA/PA-2006-0081
Download: ML061160414 (4)

Text

NRC FORM 464 Part I U.S. NUCLEAR REGULATORY COMMISSION FOIA/PA RESPONSE NUMBER (6-1998) 1101RG

,4 o k0 026Z-000081 2 a st RESPONSE TO FREEDOM OF r B I INFORMATION ACT (FOIA) I PRIVACY RESPONSE W FINAL PARTIAL

• ACT (PA) REQUEST TYPEE REQUESTER DATE APR 2 1 200 Phillip Musegaas I_

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.

w F[j DICEF] Agency records subject to the

<public inspection and copying request that are identified in the listed appendices are already available for at the NRC Public Document Room.

APPENDICE! Agency records subject to the request that are identified in the listed appendices are being made available for B public inspection and copying at the NRC Public Document Room.

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

ELJEllAPPENDICE:7 lAgency 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 lo that agency (see comments section) for a disclosure determination and direct response to you.

D We are continuing to process your request.

D See Corments.

PART l.A-FEES AMOUNT '* D You will be billed by NRC for the amount listed. 2 None. Minimum fee threshold not met.

$

• Cl You will receive a refund for the amount listed. P9 Fees waived.

See comments for details PART L.B - INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE j2 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 Inand for the reasons stated in Part II.

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 Inthe letter that it Is a "FOIAIPA Appeal."

PART l.C COMMENTS (Use attached Comments continuation vace If required)

R OCLACTD PRIVACY ACT OFFICER NRC FM 44 Pa 1 NIRC FORM 464 Part 1 (6-1998) PRINTED ON RECYCLED PAPER This form was designed using InForrns

NRC FORM 464 Part II U.S. NUCLEAR REGULATORY COMMISSION FOIAIPA DATE (3.2006)I RESPONSE TO FREEDOM OF INFORMATION 2006-0081 APR 2 1 2D0 ACT (FCIIA) / PRIVACY ACT (PA) REQUEST 2 PART 1I.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 I .B I 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 Exemptior 1: The withheld Information Is properly classified pursuant to Executive Order 12958.

g Exemptior 2: The withheld information relates solely to the Internal personnel rules and procedures of NRC.

L Exemptior 3: The withheld information Is specifically exempted from public disclosure by statute Indicated.

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

216 1-2165).

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

El 41 1..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 nubmitter of the proposal.

EJ Exemptior 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).

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

Applicable privileges:

F1 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 predecisic nal 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)

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

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

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

E (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).

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

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

E (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)Di closure could reasonably be expected to endanger the life or physical safety of an Individual.

gf OTHER (Specify)

EX. 4: Disclosure will harm an Identifiable private or governmental Interest PART II.B -- DENYING OFFICIALS Pursuant to 10 C:FR 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 informaton withheld is exempt from production or disclosure, and that its production or disclosure is contrary to the public interest. The pe -son responsible for the denial are those officials Identified below as denying officials and the FOIAlPA Officer for any denials that may be appealed to the Executive Director for Operations (EDO).

DENYING OFFICIAL Samuel J. Colilin; TITLE/OFFICE Regional Administrator, Region I RECORDS DENIED Appendix B j EADTEOFFICIAL

_t _

• I *I Appeal must be made in writing within 30 days of receipt of this response. Appeals should be mailed to the FOlA/Priva :y Act Officer, U.S. Nuclear Re pulatory 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."

PRINTED ON RECYCLED PAPER FORM 464 NRC FORM NRC 464 Part 11(3.2006)

Part 11 (3-2006) PRINTED ON RECYCLED PAPER

RE: FOIA -2006-0081 APPENDIX B RECORDS TO BE WITHHELD IN PART NO DATE DESCRIPTION (PAGE COUNT) (EXEMPTION)

1. 11/02/2005 E-mail from T. Jones of Entergy to L. Rosenmann of NY State, regarding IP2 Monitoring Wells (13 pages total, 12 pages released) (Exemption 4)

2. 11/0212005 E-mail from T. Jones of Entergy to M. Cox of USNRC, regarding Draft Stakeholders Presentation (33 pages total, 31 pages released) (Exemption 4)

3. 11/0212005 E-mail from P. Bode of Entergy to J. Noggle of USNRC, regarding Pictures and a Word File (9 pages total, 6 pages released) (Exemption 4 and Exemption 6)

4. 11102/2005 E-mail from C. McDermott of USNRC to various, regarding Conference Call on Indian Point 23 Spent Fuel Pool - Thurs 11/03 3:30pm (4 pages) (Exemption 2 and 6)

5. 01/04/2006 E-mail from K. Gallagher of USNRC to J. White of USNRC, regarding Conf Call (1 page)

6. 11/0812005 E-mail from D. Leach of Entergy to J. White of USNRC, regarding Bridge No. For periodic update calls (1 page)

(Exemption 2)

7. 11/15/2005 E-mail from B. McDermott of USNRC to various, regarding Conference Call on Indian Point 2 Spent Fuel Pool - Routine Update Thurs 11/17 3:30 (4 pages)

(Exemption 2 and 6)

8. 11/1812005 E-mail from D. Leach of Entergy to J. White of USNR'C, regarding New wells drawing layout (2 pages total, 1 page released) (Exemption 4)

9. 12/21/2005 E-mail from D. Mayer of Entergy to J. White of USNR'C, regarding well maps (5 pages total, 2 pages released)

(Exemption 4)

10. 11/21/2005 Entergy - Spent Fuel Pool Bulletin #2, Second Dive in IP2 Spent Fuel Pool Does Not Reveal Leak (1 page)

(Exemption 4)

11. 11/30/2005 E-mail from B. McDermott of USNRC to various, regarding Forthcoming Update to NRC Web Page on

RE: FOIA -2006-0081 Indian Point Spent Fuel Pool Issues (5 pages)

(Exemption 6)

12. 12/14/2005 E-mail from B. McDermott of USNRC to various, regarding Conference Call on Indian Point 2 Spent Fuel Pool - Routine Update Thurs 12/15 3:30 (4 pages)

(Exemption 2 and 6)

13. 12/14/2005 Monitoring Well Status (2 pages) (Exemption 4)

14. 12/19/2005 E-mail from W. Axelson of Entergy to T. Rice of NY State and J. White of USNRC, regarding H-3 Results for additional Manholes (4 pages total, 2 pages released)

(Exemption 4)

15. 12/2012005 Entergy - Spent Fuel Pool Bulletin #3; Entergy Obtains Results from Transformer Yard Monitoring Wells (2 pages) (Exemption 4)

16. 01/03/2006 E-mail from D. Leach of Entergy to J. White of USNRC, regarding Today's call (1 page) (Exemption 2)

17. 01/03/2006 E-mail from B. McDermott of USNRC to various, regarding Conference Call on Indian Point Spent Fuel Pool - Routine Update Thurs 1/5 3:30pm (4 pages)

(Exemption 2 and 6)

18. 01/03/2006 E-mail from B. McDermott of USNRC to D. Leach of Entergy and J. White of USNRC, regarding Update from Entergy on status of SFP and tritium investigation (2 pages) (Exemption 2)

19. 01/04/2006 E-mail from J. White to D. Leach of Entergy, regarding Conf Call (2 pages) (Exemption 2)