ML083230738

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FOIA/PA-2008-0306 - Resp 2 - Partial
ML083230738
Person / Time
Site: Oyster Creek
Issue date: 11/13/2008
From: Sealing D
NRC/OIS/IRSD/RFSB
To: Webster R
Eastern Environmental Law Ctr
References
FOIA/PA-2008-0306
Download: ML083230738 (5)
v • d • e


Text

NRC FORM 464 Part I U.S. NUCLEAR REGULATORY COMMISSION FOIA/PA RESPONSE NUMBER (6-1998) 0 2008-0306 2 RESPONSE TO FREEDOM OF I ,*

  • INFORMATION ACT (FOIA) I PRIVACY RESPONSE - FINAL PARTIAL 2 oACT (PA) REQUEST TYPE REQUESTER DATE Richard Webster NOV 1 3 2700 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 D &E public inspection and copying at the NRC Public Document Room.

D Enclosed 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.

r] APPENDICES D&E 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.

We are continuing to process your request.

D- See Comments.

PART L.A -- FEES AMOUNT* D1 You will be billed by NRC for the amount listed. None. Minimum fee threshold not met.

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

See comments for details PART I.B -- INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE D* 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 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 in the letter that it is a "FOIA/PA Appeal."

PART I.C COMMENTS (Use attached Comments continuation i~aae if required)

The incoming request is in ADAMs at ML082330048. .

SIGNATURE- FREEDOM OF INFORMATIONACT PRIVACY ACT OFFICER DNRC ORM 464Part 1 (61.)PITDO EYLDPPRTi omwsdsge sn om 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 2008-0306 NOV 13 2008 ACT (FOIA) I PRIVACY ACT (PA) REQUEST 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 bE& t 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)).

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

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

F7 Low 2 Internal matters of a relatively trivial nature.

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

EJ Exemption 3: The withheld information is specificarll exempted from public disclosure by 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).

F7 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 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.

ED 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.

7] 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).

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

ED 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)

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

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

[7] (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 thuscould 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.

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.

(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.

E- OTHER (Specify)

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 APPELLATE OFFICIAL Samuel J. Collins Regional Administrator, Region 1 Appendices E & F 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."

PRINTED ON RECYCLED PAPER NRC FORM 464 NRC FORM Part 11 464 Part (2-2008)

II (2-2008) PRINTED ON RECYCLED PAPER

Re: FOIA/PA-2008-0306 APPENDIX D RECORDS BEING RELEASED IN THEIR ENTIRETY (If copyrighted identify with *)

NO. DATE DESCRIPTION/(PAGE COUNT)

1. Undated Reactor License Renewal Oyster Creek Safety ReviewTrack (2 pages)
2. 07/25/08 Email exchange between John Adams, Donnie Ashley, Donald Chung, Ed Miller, and Trent Wertz regarding Question from Brooke Poole, OCAA. 2 pages
3. 08/27/2008 E-mail from M. Ferdas of USNRC to various, regarding Fatigue Issue &

State of NJ (2 pages)

4. 09/02/2008 E-mail from J. Richmond of USNRC to P. Tamburro of Exelon Corp, regarding OC 1R22 License Renewal Scope (2 pages)
5. 09/15/2008 E-mail from D. Pelton of USNRC to J. Richmond and L. Lund of USNRC, regarding OC 71003 & State of NJ (2 pages)

Re: FOIAIPA-2008-0306 APPENDIX E RECORDS BEING WITHHELD IN PART NO. DATE DESCRIPTION/(PAGE COUNTI/EXEMPTIONS

1. - 04/22/2008 E-mail from R. Conte of USNRC to N. Sheehan, Darrell Roberts and M.

Gamberoni of USNRC, regarding RIS and FRN (12 pages) / Exemption 6

2. 04/23/2008 E-mail from R. Conte of USNRC to J. Fair, B. Pham and M. Modes of USNRC, regarding Fatigue RIS Apparently Issued (6 pages) / Exemption 6

04/11/2008 NRC Regulatory Issue Summary 2008-10 Fatigue Analysis of Nuclear Power Plant Components. Accession No. ML080950235, Publicly Available, Non-sensative (5 pages)

3. 05/02/2008 E-mail from R. Conte of USNRC to H. Jones of USNRC, regarding Green Ticket Regarding the Recirc Nozzle Metal Fatigue at Oyster Creek (1 page) / Exemption 6
4. 05/12/2008 E-mail from R. Conte of USNRC to various, regarding 2008AnnAss&LicRenQ&As, with attached Anticipated Q&As Related to License Renewal for Oyster Creek Annual Assessment meeting. (9 pages) / Exemptions 5& 6
5. 07/28/2008 E-mail from R. Conte of USNRC to M. Ferdas of USNRC, regarding Supervisory Brief: Another Step Taken Toward License Extension (2 pages) / Exemption 6
6. 08/27/2008 E-mail from M. McLaughlin of USNRC to various, regarding Fatigue Issue

& State of NJ (2 pages) / Exemption 6

7. 08/28/2008 E-mail from John Richmond of USNRC to various, regarding Fatigue Issue & State of NJ (2 pages) / Exemption 6

Re: FOIA/PA-2008-0306 APPENDIX F RECORDS BEING WITHHELD IN THEIR ENTIRETY NO. DATE DESCRIPTION/(PAGE COUNT)/EXEMPTIONS

1. Undated Anticipated Q&As Related to License Renewal for Oyster Creek Annual Assessment Meeting, Revision 0 (8 pages) / Exemption 5
2. Undated Anticipated Q&As Related to License Renewal for Oyster Creek Annual Assessment Meeting, Revision 1, with handwritten notes (8 pages) /

Exemption 5

3. Undated Anticipated Q&As Related to License Renewal for Oyster Creek Annual Assessment Meeting, Revision 2, with handwritten notes (8 pages)/

Exemption 5

4. Undated Summary of Fatigue Issue at Oyster Creek, Revision 3 (2 pages) /

Exemption 5

5. Undated Anticipated Q&As Related to License Renewal for Oyster Creek Annual Assessment Meeting, with handwritten notes (6 pages) / Exemption 5
6. Undated Anticipated Q&As Related to License Renewal for Oyster Creek Annual Assessment Meeting, Revision 2, with handwritten notes (8 pages) /

Exemption 5

7. Undated Anticipated Q&As Related to License Renewal for Oyster Creek Annual Assessment Meeting, Revision 3A from OGC, with handwritten notes (4 pages) / Exemption 5
8. Undated Anticipated Q&As Related to License Renewal for Oyster Creek Annual Assessment Meeting, Revision 3 (8 .pages) / Exemption 5
9. Undated Anticipated Q&As Related to License Renewal for Oyster Creek Annual Assessment Meeting, Revision 4 (6 pages) / Exemption 5
10. 04/22/2008 E-mail from R. Conte of USNRC to M. Modes and B. Pham of USNRC, regarding Fatigue Communication Plan (2 pages) / Exemption 5 and 6
11. 05/05/2008 E-mail from R. Conte of USNRC to D. Screnci and N. Sheehan of USNRC, regarding OC Metal Fatigue (1 page) / Exemption 5 and 6
12. 05/07/2008 E-mail from R. Conte of USNRC to various, regarding Key Messages on Fatigue Issue at Oyster Creek (3 pages) / Exemption 5 and 6
13. 05/13/2008 E-mail from R. Conte of USNRC to various, regarding Oyster Creek Annual Assessment (3 pages) / Exemption 5 and 6
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