ML053430201
| ML053430201 | |
| Person / Time | |
|---|---|
| Site: | Davis Besse  |
| Issue date: | 12/07/2005 |
| From: | Nichols R NRC/OIS/IRSD/RFSB |
| To: | Lochbaum D Union of Concerned Scientists |
| References | |
| FOIA/PA-2005-0261 | |
| Download: ML053430201 (4) | |
Text
NRC FORM 464 Part I U.S. NUCLEAR REGULATORY COMMISSION FOIA/PA RESPONSE NUMBER 200EAC5-0261 7 S 8RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) I PRIVACY RESPONSE 13 FINAL PARTIAL ACT (PA) REQUEST TYPE REQUESTER DATE David Lochbaum IE= - 7 2005 PART I. - INFORMATION RELEASED n1 No additional agency records subject to the request have been located.
Fj Requested records are available through another public distribution program. See Comments section.
C APPENDICES Agency records subject to the request that are identified in the listed appendices are already available for I public inspection and copying at the NRC Public Document Room.
I APPENDICES Agency records subject to the request that are identified in the listed appendices are being made available for lM I public inspection and copying at the NRC Public Document Room.
13 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.
APN M Agency records subject to the request are enclosed.
nl 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 MAMOuNT ' l You will be billed by NRC for the amount listed. E None. Minimum fee threshold not met.
$ l You will receive arefund for the amount listed. El Fees waived.
See comments for details PART l.B - INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE 13 No agency records subject to the request have been located.
9 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.
g This determination may be appealed within 30 days by writing to the FOIAIPA Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. Clearly state on the envelope and In the letter that It is a "FOIAIPA Appeal."
PART L.C COMMENTS (Use attached Comments continuation Dane If required)
The incoming FOtAIPA-2005-0261 request is located In ADAMS at ML051650095.
SIGNATURE - FREEDOM OF INIFRMATION ACT AND PRIVACY ACT OFFICER Russell A. Nichols 9 1,2&u ..4. I1 X N ECCLE PPE Tisfom as esgnd sig n~r_
NRCFOM 64Pat
(-198)PRNTD This form was designed using InForms NRC FORM 464 Part 1 (6-1998) PRINTED ON RECYCLED PAPER
NRC FORM 464 Part II US. NUCLEAR REGULATORY COMMISSION FOIAIPA DATE RESPONSE TO FREEDOM OF INFORMATION 2 ACT (FOIA) I PRIVACY ACT (PA) REQUEST 2005-0261 DEC - 7 20 PART II.A - APPLICABLE EXEMPTIONS lAPPF~n'Fq lRecords subject to the request that are described in the enclosed Appendices are being withheld in their entirety or in part under the I ...
N 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 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 procedures of NRC.
D Exemption 3: The withheld information is specifically 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).
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 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.
D Exemption 4: The withheld information is a trade secret or commercial or financial information that is being withheld for the reason(s) Indicated.
C 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 2.790(d)(1).
] The information was submitted by a foreign source and received in confidence pursuant to 10 CFR 2.790(d)(2).
W7j Exemption 5: The withheld information consists of interagency or intraagency records that are not available through discovery during litigation.
Applicable privileges:
LD Deliberative process: Where Disclosure of predecisional information would tend to inhibit the open and frank exchange of ideas essential to the deliberative process. 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 Attomey work-product privilege. (Documents prepared by an attorney in contemplation of litigation)
] Attorney-client privilege. (Confidential communications between an attorney and his/her client)
[7 Exemption 6: The withheld information is exempted from public disclosure because its disclosure would resul in a Dearly unwarranted invasion of personal privacy.
] 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 wrongdoing or a violation of NRC requirements from investigators).
D (C)Disclosure would constitute an unwarranted invasion of personal privacy.
1 (D) The Information consists of names of individuals and other information the disclosure of which could reasonably be expected to reveal i .J identities of confidential sources.
F (E)Disclosure would reveal techniques and procedures for law enforcement Investigations or prosecutions, or guidelines that could J 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.
C OTHER (Specify)
PART II.B - DENYING OFFICIALS Pursuant to 10 CFR 9i25(o)e 9.25(h), and/or 9.65(b) of the U.S. Nuclear Regulatory Commission regulations, it has been determined that the information w lis,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 FOIAAPA Officerfor any denials that may be appealed to the Executive Director for Operations (EDO).
DENYING OFFICIAL TITLE/OFFICE RECORDS DENIED APPEDLOOFSFCYI Sandy M. Joosten Executive Assistant, OfLice of the Secretary Appendix N 4I
' - i' ~ 0_ __
Appeal must be made in wilting 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 "FOIAIPA Appeal."
This form was designed using InForms NRC FORM NRC FORM 464 Part 11(6-1998) 464 Part if (6-1 998)
PRINTED ON PRINTED RECYCLED PAPER ON RECYCLED PAPER This form was designed using InForms
FOIA-2005-0261 APPENDIX M RECORDS BEING RELEASED IN THEIR ENTIRETY NO. DATE DESCRIPTIONI(PAGE COUNT)
- 1. 417/05 E-Mail from Hart to Reactor Tas, TA brief on Davis Besse enforcement action (1 page)
- 2. 4/19/05 E-Mail from Wright to Coggins et al., M050419A (Enforcement Issues (2 pages)
- 3. 4/19/05 Memo to Diaz et al., from Reyes, Special Delegation of Authority (1 page)
- 4. 5/9/05 E-Mail from Strasma to Brenner, TNT3 (1 page) (PORTIONS OUTSIDE SCOPE AND THEREFORE NOT PROVIDED)
FOIA-2005-0261 APPENDIX N RECORDS BEING WITHHELD IN THEIR ENTIRETY NO. DATE DESCRIPTIONIPAGE COUNTWEXEMPTIONS
- 1. 5/17/04 Memo to Diaz from Cyr, Review of Issues Related to FENOC's Submittal of Inaccurate Information in Response to General Letter 98-04 (7 page)
Ex. 5