ML16349A218
| ML16349A218 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 12/09/2016 |
| From: | Argent N NRC/OCIO/CSD/FPIB |
| To: | Moglen D Friends of the Earth |
| Shared Package | |
| ML16349A208 | List: |
| References | |
| FOIA/PA-2016-0457 | |
| Download: ML16349A218 (3) | |
Text
NRC FORM 464 Part I U.S. NUCLEAR REGULATORY COMMISSION FOIA RESPONSE NUMBER (12-2015)
RESPONSE TO FREEDOM OF I 2016-0457 11 3 INFORMATION ACT (FOIA) REQUEST RESPONSE TYPE INTERIM D FINAL REQUESTER: DATE:
lnamon Moglen 11 DEC 0 9 2016 DESCRIPTION OF REQUESTED RECORDS:
Records regarding communications within the NRC and between the NRC and Entergy regarding baffle bolts at Indian Point Units 2 and 3 between March 7, 2016 and May 2, 2016 PART I. -- INFORMATION RELEASED Agency records subject to the request are already available in public ADAMS or on microfiche in the NRC Public Document Room.
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 c:igency (see comments section) for a disclosure determination and direct response to you.
We are continuing to process your request.
See Comments.
PART I.A -- FEES AMOUNT" D You will be billed by NRC for the amount listed. D None. Minimum fee threshold not met. .
$ r.=::11=0.0=0=:.JI I D You will receive a refund for the amount listed. ~ Fees waived.
- see Comments for details PART 1.8 -- INFORMATION NOT LOCATED OR WITHHELD F.ROM DISCLOSURE 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.
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 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 D the FOIA Officer, at U.S. Nuclear Regulatory Commission, Washington, D.C, 20555-0001, or FOIA.Resource@nrc.gov.
Please be sure to include on your letter or email that it is a "FOIA Appeal."
PART l.C COMMENTS ( Use att.ached Comments continuation page if required)
Please note: This is the THIRD interim release of responsive records to your request:
Group D:
Records responsive to your request (Please see comments continued on next page)
Page 2 of3
NRC FORM 464 Part I U.S. NUCLEAR REGULATORY COMMISSION FOIA RESPONSE NUMBER (12-2015) ,.,
RESPONSE TO FREEDOM OF INFORMATION I 2016-0457 11
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ACT (FOIA) REQUEST Continued
~
RESPONSE
TYPE INTERIM D FINAL REQUESTER: DATE:
~-
lnamon Moglen 11 N:C Q__ g 2016 I PART 1.C COMMENTS (Continued)
(comments continued)
Please note that the NRC is not providing duplicates of identical documents.
This is the best available copy of the responsive records.
The blank oval boxes cover notes added by the program offices to coordinate and communicate with each other (for example to indicate that a record should be referred to another office for consultation). These oval boxes were added to electronically erase penciled-in notes and do not cover any information included in the original version of these records.
Group D:
Responsive records to your request Please refer to CD NRG Form 464 Part I (12-2015) Page 3 of 3 I I
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I J
NRC FORM 464 Part II U.S. NUCLEAR REGULATORY COMMISSION FOIA/PA (Q8-2Q13) ~C..,p.RREQu<.,>
2016-0457
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RESPONSE TO FREEDOM OF INFORMATION
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'1-.., "1>0 ACT (FOIA) I PRIVACY ACT (PA) REQUEST DEC 0 Q 2016 PART II.A -- APPLICABLE EXEMPTIONS GDROUP I Records subject to the request that are contained in the specified group are being withheld in their entirety or in part under the 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)).
I D
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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 DExemption 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.
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.
[{] Exemption 4: The withheld information is a trade secret or commercial or financial information that is being withheld for the reason(s) indicated.
0 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.
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)
Attorney-client privilege. (Confidential communications between an attorney and his/her client)
Exemption 6: The withheld information is exempted from public disclosure because its disclosure would result in a clearly unwarranted 0 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 proceediflg (e.g., it would reveal the scope, direction, and D 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) The information consists of names of individuals and other information the disclosure of which could reasonably be expected to reveal D identities of confidential sources.
D (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.
OTHER (Specify) lnon responsive PART 11.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).
APPELLATE OFFICIAL DENYING OFFICIAL TITLE/OFFICE RECORDS DENIED EDO SECY IG Nina Argent Acting FOIA Officer D 000 DOD DOD 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 II (08-2013)