ML052270050

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FOIA/PA-2005-0207 - Resp 3 - Partial
ML052270050
Person / Time
Site: Millstone Dominion icon.png
Issue date: 08/10/2005
From: Nichols R
NRC/OIS/IRSD/RFSB
To: Burton N
Connecticut Coalition Against Millstone
References
FOIA/PA-2005-0207
Download: ML052270050 (5)
v • d • e


Text

NRC FORM 464 Part I U.S. NUCLEAR REGULATORY COMMISSION FOIA/PA RESPONSE NUMBER (6.1998) W REG S5, E4A E 2005-0207 3 RESPONSE TO FREEDOM OF E F INFORMATION ACT (FOIA) I PRIVACY RESPONSA ACT (PA) REQUEST TYPE REQUESTER DATE Nancy Burton AUO 1 0 24 PART I. - INFORMATION RELEASED D No additional agency records subject to the request have been located.

LI 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 I public inspection and copying at the NRC Public Document Room.

APPENDICES Agency records subject to the request that are identified Inthe listed appendices are being made available for F& j I public inspection and copying at the NRC Public Document Room.

LI 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.

rAPPENDICES

,i-& (; IAgency records subject to the request are enclosed.

l 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 IA -FEES AMOUNT I You will be billed by NRC for the amount listed. None. Minimum fee threshold not met.

l 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 D2 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 FOIAJPA 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 pane If required)

The incoming request is in ADANIs at accession number MIL051100553.

SIGNATURE . FREEDOM OF IN 77 RMATION ACT AND PRIVACY ACT OFFICER Russell A. Nichols .Ak"W4 , Il.ck 2 PAPER This form was designed using InForms FORM 464 Part NRC FORM NRC Part 1 (6-1998) 1 (6-1998)

PRINTED ON RECYCLED PRINTED ON RECYCLED PAPER This formn was designed using InFormns

NRC FORM 464 Part II U.S. NUCLEAR REGULATORY COMMISSION FOIA/PA DATE RESPONSE TO FREEDOM OF INFORMATION AUO 1 0 M ACT (FOIA) / PRIVACY ACT (PA) REQUEST 2005-0207 PART IL.A -- APPLICABLE EXEMPTIONS

^PPFNn'.Fcq 1Records subject to the request that are described In the enclosed Appendices are being withheld In their entirety or in part under the IJ ( 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.

a 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.

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).

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.

[Z 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.

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

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

IFg 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.

D Attomey work-product privilege. (Documents prepared by an attorney In contemplation of litigation)

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

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

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

Fl (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.

P Fl (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.

Fl (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.

D OTHER (Speclfy)

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

DENYING OFFICIAL TITLE/OFFICE RECORDS DENIED APPEDOATE OFFICIAL Roy P. Zimmerman Director, NSIR Appendix G _O SEC 4 1- 4 1 4 4 4- 4 4 4 Appeal must be made in writing within 30 days of receipt of this response. Appeals should be mailed to the FOlA/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 11(6-1998)

Part 11 464 Part (6-1998) ON RECYCLED PRINTED ON PRINTED RECYCLED PAPER This form was designed using InForms

Re: FOIAIPA-2005-0207 APPENDIX F RECORDS BEING RELEASED IN THEIR ENTIRETY (If copyrighted Identify with*)

NO. DATE. DESCRIPTIONV(PAGE COUNT)

Items 1 through 11: Transcripts of Telephone Conversations at NRC HQ during the Millstone Alert Declaration on April 17, 2005 - Event Number 41607

1. 04/17/05 NRC Tape 1, Side B, 10:18-11:03 (48 pages)
2. 04/17/05 NRC Tape 2, Side A, 11:01-13:04 (22 pages)
3. 04/17/05 RST Line 95, 14:38-15:10 (31 pages)
4. 04/17/05 Commission Assistant, 13:05-13:27 (20 pages)
5. 04/17/05 RST Line 91 13:43 - 13 sec (3 pages)
6. 04/17/05 ET Line 53 (1004), 11:36-11:38 (3 pages)
7. 04/17/05 ENS Tape 2, Side A, 12:31-19:17 (48 pages)
8. 04/17/05 ENS Tape 2, Side B, 19:17-19:19 (4 pages)
9. 04/17/05 ENS Tape 1, Side A, 9:37-10:39 (64 pages)
10. 04/17/05 H002 Tape 2, Side B, 21:19-21:34 (8 pages)
11. 04/17/05 ENS Tape 1, Side B, 10:39 - 12:01 (54 pages)
12. 04/18/05 Event Notification Report for April 18, 2005. 7 pages
13. 04/18/05 E-mail from Michael Miller to Max Schneider regarding Alert followup inspection. 1 page.
14. 04/20/05 E-mail from Neil Sheehan to Eliot Brenner and Elizabeth Hayden regarding Millstone 3 Emergency, with attachments.

4 pages

Re: FOIA-2005-0207 APPENDIX G RECORDS BEING WITHHELD IN PART NO. DATE DESCRIPTION/(PAGE COUNT)/EXEMPTIONS TRANSCRIPT OF TELEPHONE CONVERSATIONS AT NRC HEADQUARTERS DURING THE MILLSTONE ALERT DECLARATION ON APRIL 17, 2005

1. 04/17/05 NRC Bridge Tape 1, Side A, 9:31 - 10:18. 48 pages total, 41 released. EX. 5
2. 04/17/05 RST Bridge Tape 3, Sie A, 15:37 - 17:23. 30 pages total, 3 pages released. EX. 5
3. 04/17/05 RST Tape 3, Side B, 17:23 - 19:54. 40 pages total, 25 released. EX. 5
4. 04/17/05 RST Bridge Tape 1, Side A, 10:53 - 11:56. 58 pages total, 15 released EX. 5
5. 04/17/05 RST Bridge Tape 1, Side B, 11:56 - 13:20. 46 pages total, 19 released. EX. 5
6. 04/17/05 RST Bridge Tape 2, Side A, 13:20 - 14:25. 55 pages, 3 released. EX. 5
7. 04/17/05 ET Tape 1, side A, 10:51 - 11:46. 59 pages total, 22 released. EX. 5
8. 04/17/05 ET Tape 1, Side B, 11:46 - 13:04. 48 pages total, 17 released. EX. 5
9. 04/17/05 ET Tape 2, Side A, 13:05 - 14:26. 50 pages total, 12 released. EX. 5
10. 04/176/05 ET Tape 2, Side B, 14:26 - 15:31. 35 pages total, 8 released. EX. 5
11. 04/17/05 Govt Liaison Tape 1, Side A, 10:19 - 12:15. 23 pages total, 4 released EX. 5

Re: FOIA-2005-0207 APPENDIX G RECORDS BEING WITHHELD IN PART (continued)

NO. DATE DESCRIPTIONI(PAGE COUNT)/EXEMPTIONS

12. 04/17/05 ET Tape 3, Side A, 15:30 - 17:09. 41 pages total, 13 pages released. EX. 5
13. 04/17/05 ET Tape 3, Side B, 17:09-19:11. 47 pages total, 18 pages released. EX. 5
14. 04/17/05 HOOI Tape 1, Side A, 09:24 - 12:55. 53 pages total, 10 pages released. EX. 5
15. 04/17/05 HOO Tape 1, Side B, 12:55 - 19:40. 54 total, 11 pages released. EX. 5
16. 04/17/05 H002 Tape 1, Side A, 09:27 - 11:27. 38 pages total, 4 pages releaed. EX. 5 & EX. 6
17. 04/17/05 H002 Tape 1, Side B, 11:27 - 15:58. 62 pages total, 11 pages released. EX. 5 & EX. 6
18. 04/17/05 H002 Tape 2, Side A, 15:57:58 - 21:19. 48 pages total, 25 pages released. EX. 5 & EX. 6
19. 04/17/05 H003 Tape 1, Side A, 9:30 - 11:32. 51 pages total, 24 pages released. EX. 5 & EX. 6
20. 04/17/05 H003 Tape 1, Side B, 11:31 - 13:43. 31 pages total, 5 pages released. EX. 5
21. 04/17/05 RST Tape 2, Side B, 14:25 - 15:37. 41 pages total, 12 pages released. EX. 5
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