ML17318A253
| ML17318A253 | |
| Person / Time | |
|---|---|
| Site: | Mcguire, McGuire  |
| Issue date: | 11/14/2017 |
| From: | Stephanie Blaney Information Services Branch |
| To: | Clark W Foley & Mansfield |
| Shared Package | |
| ML17318A330 | List: |
| References | |
| FOIA/PA-2017-0693 | |
| Download: ML17318A253 (4) | |
Text
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NRC FORM 464 Part I U.S. NUCLEAR REGULA TORY COMMISSION FOIA RESPONSE NUMBER (03-2017)
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~\. RESPONSE TO FREEDOM OF I 2017-0693 11 1
I INF:~RMATION ACT (FOIA) REQUEST RESPONSE I
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- it*1r* TYPE D INTERIM 0 FINAL REQUESTER: DATE:
lwmiam Clark \
11 NOV 1 4 2017 I DESCRIPTION OF REQUESTED RECORDS: r All records of asbestos being present at the McGuire Nuclear Statiot:i at 13225 McGuire .Nuclear Station Rd, Huntersville, NC 28078 or at 12700 Hagers Ferry Road, Huntersville, NC 28078 I
PART I. -- INFORMATION RELEASED You have the right to seek assistance from the NRC's FOIA Public Liaison. Contact information for the NRC's FOIA Public Liaison is available at httgs://www.nrc.gov/reading-rm/foia/contact-foia.html
[{] Agency records subject to the request are already available on the Public NRC Website, in Public ADAMS or on microfiche in the NRC Public Document Room.
0 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 D referred to that agency (see comments section) for a disclosure determination and direct response to you.
D We are continuing to process your request.
0 See Comments.
PART I.A -- FEES NO FEES AMOUNT" 0 You will be billed by NRC for the amount listed.
D Minimum fee threshold not met.
II $84.54 II D You will receive a refund for the amount listed.
- see Comments for details D .,Fees waived.
D Due to our delayed response, you will not be charged fees.
PART 1.8 --INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE D 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 D 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 90 calendar days of the date of this response by sending a letter or e-mail to the FOIA Officer, at U.S. Nuclear Regulatory Commission, Washington, D.C. 20555-0001, or FOIA.Resource@nrc.gov. Please be D sure to include on your letter or email that it is a "FOIA Appeal." You have the right to seek dispute resolution services from the NRC's Public Liaison, or the Office of Government Information Services (OGIS). Contact information for OGIS is available at httgs://ogis.archives.gov/about-ogis/contact-information.htm PART l.C COMMENTS ( Use attached Comments continuation page if required)
Please note:
The NRC tasked multiple offices with the search for responsive records and also contacted the licensee.
Please see comments (continued on next page)
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NRC Form 464 Part I (fo-2017) 1r~"d~-~ontinuat1c>i:i page] r Delet; Continuatlo~ ~~ge ] Page 2 of3
NRC FORM 464 Part II U.S. NUCLEAR REGULATORY COMMISSION FOIA/PA (08-2013) +*""°"""-.*,. 2017-0693 f ~ ~~
RESPONSE TO FREEDOM OF INFORMATION
~ i ACT (FOIA) I PRIVACY ACT (PA) REQUEST DATE N()V* 1 4 2017
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PART II.A -- APPLICABLE EXEMPTIONS GROUP I Records subject to the request that are contained in the specified group are being withheld in their entirety or in part under the IX
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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 practices of NRG.
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 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.
D 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 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.
D 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 D 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 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 D 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 proceeding (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 NRG 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) jnon 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 Stephanie Blaney FOIA/P A Officer x 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."
NRG FORM 464 Part II (08-2013)
NRC FORM 464 Part I U.S. NUCLEAR REGULATORY COMMISSION FOIA RESPONSE* NUMBER (03-2017)
RESPONSE TO FREEDOM OF INFORMATION I 2017-0693 11 1 ACT (FOIA) REQUEST Continued RESPONSE TYPE D INTERIM I.t I FINAL REQUESTER:
jwmiam Clark 11 NOV 1 4 2017 . I PART l.C COMMENTS (Continued)
Comments (continued)
The following records are already publicly available:
Environmental Report McGuire at: https://www.nrc.gov/reactors/operating/licensing/renewal/applications/mcguire-catawba/duke-env-m.pdf McGuire at https://www.nrc.gov/reading-rm/doc-collections/gen-comm/info-notices/1988/in88094.html MCGuire Appendix E: ML023600371 McGuire Emergency Plan: ML12130A257 McGuire Aging Management Guideline: ML12334A669 McGuire Request for Additional information: MLl 11020358 McGuire Supplement 8: ML021300238 McGuire Emergency Plan Implementing Procedure Changes: ML12130A257 McGuire Information Notice: ML03 l 150025 1
McGuire Generic Environmental Impac!t Statement: ML030020231 McGuire Generic Environmental Impact Statement:ML021270545 McGuire Application to Renew the Operating License: ML021270545 McGuire Summary and Analysis: ML020280288 McGuire Generic Environmental Impact Statement: ML030020184 McGuire Knowledge Base: ML030920540 Records with a ML Accession Number are publicly available in the NRC's Public Electronic Reading Room at http:www.nrc.gov/reading-rm.html. If you need assistance in obtaining these records, please contact the ~RC's Public Documents Room (PDR) at 301-415-4737 or 1-800-397-4209, or by Email to PDR.Resource@nrc.gov The ENCLOSED responsive record is is the only additional record the NRC was able toJocate in response to your request:
Part of the Duke Energy 2002 Annual Report, one page. ,,
NRC Form 464 Part I (03-2017) Page 3 of 3
DUKE ENERGY CORPORATION Notes To Consolidated Flnandal Statements- Continued Non Responsive Injuries and Damages Claims. Duke Energy has experienced numerous claims relating to damages for personal injuries alleged to have arisen from the exposure to or use of asbestos in connection with construction and maintenance activities conducted by Duke Energy on its electric generation plants during the 1960s and 1970s. During 1999; Duke Energy experienced a significant increase in the number of these claims. This increase, coupled with its cumulative experience in claims received, prompted Duke Energy to conduct a comprehensive review which was completed in late 1999 and to record an $800 million accrual. lo reflect the purchase of a third-party insurance policy as well as estimated amounts for future claims not recoverable under such policy. The insurance policy,- combined with amounts covered by self-insurance reserves, provides for claims paid up to an aggregate of $1.6 billion. Duke Energy currently believes the estimated claims relating to this exposure will not exc.eed such amount. While Duke Energy is uncertain as to the timing of when claims will' be received, portions of the estimated claims may_ not be received and paid for 30 or more years.
While Duke Energy has recorded an accrual related to this estimated liability, such estimares cannot be made with certainty. Factors, such as *the ~uency .and magnitude of claims, could result in changes in the estimates of the injuries and damages _liability and.insurance recoveries. Such changes could result in, over time, in a difference from the amount currently refl~ted the consolidated financial statements. How~ver; due 10 Duke Energy's insurance program relating to lhis liability, management believes that any changes in the' estimates would not have a material adverse effect on consolidated results of operations, cash flows 9r financial position.
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