ML052130058

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FOIA/PA-2005-0210 - Resp 2 - Final
ML052130058
Person / Time
Site: Millstone  Dominion icon.png
Issue date: 07/28/2005
From: Pool M
NRC/OCIO/WPDSD/FOIA
To: Burton N
Connecticut Coalition Against Millstone
References
FOIA/PA-2005-0210
Download: ML052130058 (6)
v • d • e


Text

NRC FORM 464 Part I U.S. NUCLEAR REGULATORY COMMISSION FOIAIPA RESPONSE NUMBER t v,"G2005-0210 2 RESPONSE TO FREEDOM OF INFORMATION ACTR (FOIA) PRIVACY RESPONSE E FINAL PARTIAL ACT (PA) REQUEST TYPE I

. *

  • REQUESTER DATE Nancy Burton JUL 2 8 205 PART I. - INFORMATION RELEASED D No additional agency records subject to the request have been located.

Cj 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 l!C' 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 I)&E public inspection and copying at the NRC Public Document Room.

E] Enclosed is information on how you may obtain access to and the charges for copying records located at the NRC Public Document Room, 2120 L Street, NW, Washington, DC.

IAPPENDICES Agency records subject to the request are enclosed.

I 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.

El We are continuing to process your request.

El See Comments.

PART LA - FEES AMOUNT El You will be billed by NRC for the amount listed. None. Minimum fee threshold not met.

$ El You will receive a refund for the amount listed. Fees waived.

See comments for details PART l.B - INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE El 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 FOIANPA Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. Clearly state on the envelope and in the letter that It is a "FOIANPA Appeal."

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

The Incoming request is in ADAMs at accession number ML051100558.

SIGNTUR - REEOM OF 1NFORMTIt. ADP ;A Fa PRINTED ON RECYCLED PAPER This form was designed using InForms NRC FORM 464 Part 1 (6-1998)

NRC FORM 464 Part II U.S. NUCLEAR REGULATORY COMMISSION FOMAMPA DATE (6-1998)

RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) I PRIVACY ACT (PA) REQUEST 2005-0210 JUL 2 05 PART IIA -- APPLICABLE EXEMPTIONS lAPrF~ir.Fs; lRecords subject to the request that are described in the enclosed Appendices are being withheld in their entirety or in part under the Ii 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.

Do 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.

f 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).

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

LI 41 U.S.C., Section 253(b), 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.

i The information is considered to be confidential business (proprietary) information.

F] The information Is considered to be proprietary because it concerns a licensee's or applicants physical protection or material control and accounting program for special nuclear material pursuant to 10 CFR 2.790(d)(1).

L The information was submitted by a foreign source and received in confidence pursuant to 10 CFR 2.790(d)(2).

F] Exemption 5: The withheld informaion 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.

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

[] Attomey-client privilege. (Confidential communications between an attorney and his/her client)

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

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

Li (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.

] (D) The information consists of names of individuals and other information the disclosure of which could reasonably be expected to reveal F-1 identities of confidential sources.

C (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.

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

Li OTHER (Specify)

PART 1I.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 FOIAlPA Officer for any denials that may be appealed to the Executive Director for Operations (EDO).

DENYING OFFICIAL TITLE/OFFICE RECORDS DENIED EDO I SECY IG I Samuel J. Collins Regional Administrator, Region I Appendix E 4 I_

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."

PAPER This form was designed using InForms NRC FORM 464 NRC FORM 464 Part 11(6-1998)

Part 11 (6-1998) PRINTED ON PRINTED ON RECYCLED RECYCLED PAPER This form was designed using InForms

RE: FOIA -2005-0210 APPENDIX C RECORDS ALREADY AVAILABLE IN THE PDR NO DATE DESCRIPTION (PAGE COUNT)! ACCESSION NO.

1. 09/10/2003 Millstone Power Station, Unit No. 2 - Review of Steam Generator Tube Inservice Inspection Reports for the 2002 Outage (TAC NO. MB7965) (6 pages) (Accession No. ML032390710)
2. 11/05/2003 Special Report - Steam Generator Tube Inservice Examination (5 pages) (Accession No. ML033240373)
3. 09/23/2004 Millstone Power Station Unit 2, Response to Request for Additional Information Regarding Steam Generator Tube Inspection Summary for Fall 2003 Outage (36 pages)

(Accession No. ML042670416)

4. 10/04/2004 inspection.eRpGets-ferFlhe4F- a-et (tAG4O.:
5. 11109/2004 Review of Steam Generator Tube Inservice Inspection Report for the 2003 Refueling Outage at Millstone Power Station, Unit No. 2 (TAC NO. MC2525) (4 pages)

(Accession No. ML043070352)

6. 05/02/2005 Millstone Power Station, Unit 2 Special Report - Steam Generator Tube Inservice Examination (4 pages)

(Accession No. ML051300243)

7. 04/1712000 Millstone 3 Special Report - Steam Generator Tube Examination (120 pages) (Accession No. ML003687425)
8. 03/05/2001 Millstone Nuclear Power Station, Unit 3 Steam Generator Tube Plugging (5 pages) (Accession No. ML010720282)
9. 02/15/2002 Part I - Millstone Nuclear Power Station, Unit No. 3, Special Report - Steam Generator Tube Inservice Inspection (148 pages) (Accession No. ML020630236)
10. 02/15/2002 Part 2 - Millstone Nuclear Power Station, Unit No. 3, Special Report - Steam Generator Tube Inservice Inspection (156 pages) (Accession No. ML020630259)
11. 08/23/2002 Millstone Power Station, Unit No. 3 - Review of Steam Generator Tube Inservice Inspection Report for the 2001

-

RE: FOIA -2005-0210 Outage (TAC NO. MB4885) (6 pages) (Accession No.

ML022170673)

12. 10/07/2002 Millstone Unit 3 Steam Generator Tube Plugging (5 pages) (Accession No. ML022910045)
13. 08/25/2003 Steam Generator Tube Inservice Inspection Report (46 pages) (Accession No. MIL032471591)
14. 04105/2004 Millstone Power Station Unit 3 Response to Request for Additional Information Regarding Steam Generator Tube Inspection Summary for Fall 2002 Outage (6 pages)

(Accession No. ML040970336)

15. 04/2512004 Summary of Nrc's Review of Millstone 3 Steam Generator Tube Inspection Reports for Their Fall 2002 Outage (TAC NO.: MC0631) (3 pages) (Accession No.

MI-051580305)

16. 0510312004 Millstone, Unit 3, Steam Generator Tube Plugging Report (6 pages) (Accession No. ML041260535)
17. 0410712005 Millstone Power Station Unit 3, Special Report, Steam Generator Tube Inservice Inspection (316 pages)

(Accession No. ML051040333)

18. 05114/1985 NRC Information Notice 1985-037: Chemical Cleaning of Steam Generators at Millstone 2 (3 pages) (Accession No. ML031180249)
19. 12/17/2004 Millstone Power Station Units 2 & 3 Safety Evaluation for the Aging Management of Steam Generators In Support of License Renewal (TAC NOS.: MC1825 AND MCI 826)

(11 pages) (Accession No. ML051580319)

RE: FOIA-2005-0210 APPENDIX D RECORDS BEING RELEASED IN ENTIRETY NO. DATE DOCUMENT DESCRIPTION/PAGE COUNT

1. 04/21/05 E-mail from Michael Modes to Kenneth Karwoski and Raymond Lorson regarding Millstone 3. 1 page
2. 04/23/04 E-mail from Michael Modes to Kenneth Karwoski regarding Millstone 3. 2 pages

RE: FOIA -2005-0210 APPENDIX E RECORDS TO BE WITHHELD IN PART NO DATE DESCRIPTION (PAGE COUNT) (EXEMPTION)

1. 05/28/2003 Summary of the Staff's Review of the Millstone Unit 2, Steam Generator Tube Inspection Report from the Spring 2002 (4 pages) EX 4
2. 10/26/03 Condition Report Engineering Disposition Form, CR No.

M2-03-1 0511, with attachments. (43 pages total, 27 released) EX. 4

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