ML12012A141

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FOIA/PA-2011-0339 - Resp 2 - Final
ML12012A141
Person / Time
Site: Fort Calhoun Omaha Public Power District icon.png
Issue date: 01/05/2012
From: Sealing D
NRC/OIS/IRSD/RFSB
To: Carl A
KMTV
References
FOIA/PA-2011-0339
Download: ML12012A141 (7)


Text

I '

NRC FORM 464 Part I U.S. NUCLEAR REGULATORY COMMISSION FOIA/PA RESPONSE NUMBER (4-2011) 2011-0339 2 RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) / PRIVACY RESPONSE TYPE MF I ACT (PA) REQUEST REQUESTER DATE Al Carl JAN *Glot 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.

SAPPENDICES Agency records subject to the request that are identified in the listed appendices are already available for El 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 B &C public inspection and copying at the NRC Public Document Room.

] 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.

APPENDICES Agency records subject to the request are enclosed.

D 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.

D We are continuing to process your request.

- See Comments.

PART I.A -- FEES AMOUNT*

$I V(

You will be billed by NRC for the amount listed. D F None. Minimum fee threshold not met.

s 76.E See comments You will receive a refund for the amount listed. E- Fees waived.

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 page if required)

The incoming FOIA request can be located in ADAMS at accession number ML11250A013.

Fees are based on duplication costs for 480 pages @ .20/per page (100 free pages provided)

SI NATURE - FREEDOM OF INFORM TMO ACT AND PRIVACY ACT OFFICER Donna L. Sealing

NRC FORM 464 Part II U.S. NUCLEAR REGULATORY COMMISSION FOIAIPA DATE (4-2011) I I JAN 5Z2 1 RESPONSE TO FREEDOM OF INFORMATION 2011-0339 ACT (FOIA) / PRIVACY ACT (PA) REQUEST I I PART IL.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 CC 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 NRC.

ED 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).

E* 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.

' 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.

I 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.

7] Exemption 5: The withheld information consists of interagency or intraagency records that are not available through discovery during litigation.

Applicable privileges:

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

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

-*1 Exemption 6: The withheld information is exempted from public disclosure because its disclosure would result in a clearly 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 wrong doing or a violation of NRC D* requirements from investigators).

(C) Disclosure could 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.

(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 IEDO ISECY I Elmo E. Collins, Jr. Regional Administrator, Region IV Appendix C [ ] [

E_ El E

__ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ D D D[

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."

NRC FORM 464 Part II (4-2011)

L Re: FOIA/PA-2011-0339 APPENDIX B RECORDS RELEASED IN THEIR ENTIRETY NO. DATE DESCRIPTION (PAGE COUNT)IEXEMPIONS 1 04/08/2011 Email from Jacob Wingebach to Jeff Clark,

Subject:

Additional flooding penetrations and TSF nonfunctionality, 3 pages 2 05/06/2011 Letter from NRC to Brian J. O'Gady, Vice President-Nuclear and Chief Nuclear Officer, Nebraska Public Power-Cooper, 7 pages 3 06/17/2011 Email from Susan E Baughn to John Kirkland,

Subject:

Aerial photos, 3 pages 4 06/21/2011 Email from Erick Matze to John Kirkland, Jeff Clark,

Subject:

This may help, 3 pages 5 06/24/2011 Email from Erick Matzke to John Kirkland, Jeff Clark,

Subject:

2011-5794, 2 pages 6 07/18/2011 Email from Susan E Baughn to John Kirkland... Kriss Kennedy,

Subject:

Flood restoration/restart plan information, 2 pages, Ex 6 7 07/06/2011 Email from Richard D Acker to Jim Melfi, Ray Azua,

Subject:

Aqua-Dam, 4 pages 8 07/10/2011 Email from Thomas Farnholtz to Kriss Kennedy... John Kirkland,

Subject:

FW:

7-10-11 Nights.docx, 5 pages 9 7/10/2011 Email from Thomas Farnholtz to Kriss Kennedy... Ryan Alexander,

Subject:

Fw: Incident Commander Report, 5 pages 10 07/20/2011 Email from Susan E Baughn to Kriss Kennedy, Jeff Clark,

Subject:

Ft Calhoun POD (7/20/11) 14 pages 11 07/21/2011 Email from Susan E. Baughn to Kriss Kennedy, Jeff Clark,

Subject:

Emailing:

Ft Calhoun POD.htm, 12 pages 12 07/10/2011 Email from Thomas Farnholtz to Kriss Kennedy... Mark Haire,

Subject:

Approved cleanup plan and controls, 3 pages 13 09/01/2011 CAL 4-11-003, Draft Letter from NRC to David J. Bannister, Vice President and Chief Nuclear Officer Omaha Public Power District, 4 pages 14 09/06/2011 Email from Lara Uselding to Elmo Collins,

Subject:

FYI: For Immediate Release from OPPD, 2 pages 15 06/06/2011 Email from John Kirkland to Jeff Clark... Lynnea Wilkins,

Subject:

FCS Status-6/6/11, 1 page 16 06/09/2011 Email from John Kirkland to Jacob Wingebach ..... Leonard Willoughby,

Subject:

Re FCS Status-6/9/11, 2 pages 17 06/07/2011 Email from Linda Howell to Jacob Wingebach... Leonard Willoughby,

Subject:

FCS status-6/6/11, 2 pages 18 06/07/2011 Email from Jacob Wingebach to John Kirkland.... Jacob Wingebach, Subject; FCS Status-6/6/11, 2 pages 19 06/07/2011 Email from Jacob Wingebach to John Kirkland..... Leonard Willoughby,

Subject:

FCS Statu-6/7/11, 2 pages

Re: FOIA/PA-2011-0339 20 07/07/2011 Email from Jacob Wingebach to John Kirkland....

Subject:

FCS Status-6/6/1 1, 2 pages 21 06/19/2011 U.S. NRC Ops Center Event Report-Event 46969, 2 pages

Re: FOIA/PA-2011-0339 APPENDIX C RECORDS BEING WITHHELD IN PART NO. DATE f DESCRIPTION (PAGE COUNT)/EXEMPTIONS 1 06/03/2011 Email from Steven Gebers to John Kirkland,

Subject:

Fort Calhoun Flooding Status, 2 pages, portions marked are Exemption 6, 2 06/04/2011 Email from Steven W Gebers to Jon Schwarz... loliver@harrisoncountyia.org,

Subject:

Flood Status, 2 pages, portions marked are Exemption 6 3 06/05/2011 Email from Steven W Gebers to Bill Pook... Larry Oliver,

Subject:

Fort Calhoun Flooding Status, 2 pages, portions marked are Exemption 6, 4 06/06/2011 Email from Steven W Gebers to Bill Pook... Larry Oliver,

Subject:

Flooding Status, 1 page, portions marked are Exemption 6, 5 06/07/2011 Email from Steven W Gebers to Jim Kellsay... Larry Oliver,

Subject:

Flooding Status, 2 pages, portions marked are Exemption 6, 6 06/08/2011 Email from Steven W Gebers to Jeff Clark... Larry Oliver,

Subject:

Daily report, 2 pages, portions marked are Exemption 6, 7 06/09/2011 Email from Steven W Gebers to John Kirkland,

Subject:

Daily Update, 3 pages, portions marked are Exemption 6, 8 06/10/2011 Email from Steven W Gebers to Bill Pook... Whitney Shipley,

Subject:

Daily Status, 2 pages, portions marked are Exemption 6, 9 06/11/2011 Email from John Kirkland to Linda Howell,

Subject:

FW: Daily Status, June 11, 2 pages, portions marked are Exemption 6 10 06/12/2011 Email from John Kirkland to Linda Howell, Subject; Daily Status, June 12, 2 pages, portions marked are Exemption 6, 11 06/13/2011 Email from Jeff Clark to Kriss Kennedy, Linda Howell,

Subject:

Daily Status, 3 pages, portions marked are Exemption 6, 12 07/20/2011 Email from Jon Schwarz to Al Berndt... Ginger Willson,

Subject:

FW:

OPPD Flood Update - FW: (macchusers) Be Safe, 5 pages portions marked are Exemption 6 13 06/07/2011 Email from Bill Maier to Paul Elkmann... Ray Azua,

Subject:

Flood Update Newsletter-June 6; 6 pages, portions marked are Exemption 6 14 06/29/2011 Email from Jon Schwarz to Al Bendt... Ginger Willson;

Subject:

FW: Daily Status Fort Calhoun, 2 pages, portions marked are Exemption 6 15 08/30/2011 Letter from Jeffrey Reinhart, Vice-President, Omaha Public Power District to U.S, Nuclear Regulatory Commission,

Subject:

Fort Calhoun Station Post-Flooding Security Recovery Action Plan, Revision 1, 2 pages, (Enclosure withheld subject to 10 CFR 2.390, Exemption 4) 16 06/01/2011 Letter from Brian O'Grady to Nuclear Regulatory Commission,

Subject:

Blank, 13 pages, portions marked are Exemption 4 17 06/08/2011 Email from Edward McCutchen to Louis Carson,

Subject:

Brownville, NE Flood Forecast, 2 pages, Exemption 6 18 06/09/2011 Email from Edward McCutchen to Louis Carson,

Subject:

EZ News, 2 pages, Exemption 6 19 06/10/2011 Email from Edward McCutchen to Louis Carson,

Subject:

new NPPD Flood Link, 1 page, Exemption 6

Re: FOIA/PA-2011-0339 20 06/14/2011 Email from Edward McCutchen to Louis Carson,

Subject:

MO River Level at Brownsville, 1 page, Exemption 6 21 06/24/2011 Email from Jon Schwartz to Al Berndt,

Subject:

Daily Status, 2 pages, Exemption: Outside Scope 22 06/26/2011 Email from Jon Schwartz to Al Berndt,

Subject:

FW: Daily event status, 2 pages, Exemption Outside Scope 23 06/26/2011 Email from Jon Schwartz to Al Berndt,

Subject:

Daily Event Status for Fort Calhoun Station, 3 pages, Exemption: Outside Scope 24 06/27/2011 Email from Jon Schwartz to Al Berndt,

Subject:

Daily Event Status for Fort Calhoun Station, 3 pages, Exemption: Outside Scope 25 05/31/2011 Email from Edward McCutchen to Louis Carson... Chris Graves, subject:

Forecasted Missouri River Levels, 3 pages, EX 6.

26 05/31/2011 Email forwarded from John Kirkland to NRC Staff from Licensee, subject:

River Level, 2 pages, Ex 6 27 06/01/2011 Email from Jacob Wingebach to Jeff Clark, subject: Update on Flood Protections Actions, 2 pages, Ex 6 28 06/14/2011 Email from Allen Berck to 'pott.ema@pottcounty.com... Whitney Shipley,

Subject:

Daily Status at Fort Calhoun, 2 pages, Ex 6 29 06/15/2011 Email from Allen Berck to pott.ema@pottcounty.com... Whitney Shipley,

Subject:

Daily event status at Fort Calhoun, 2 pages, Ex 6 30 06/16/2011 Email from Allen Berck to 'pott.ema@pottcounty.com ... Whitney Shipley,

Subject:

Daily event status at Fort Calhoun, 2 pages, Ex 6 31 06/17/2011 Email from Allen Berck to 'pott.ema@pottcounty.com... Melanie Rasmusson,

Subject:

Daily event status at Fort Calhoun 2 pages,Ex6 32 06/18/2011 Email from Allen Berck to Bill Pook... 'pott.ema@pottcounty.com,

Subject:

Daily event status at Fort Calhoun, 2 pages, Ex 6 33 06/19/2011 Email from Allen Berck to 'pott.ema@pottcounty.com... Melanie Rasmussen,

Subject:

Daily event status at Fort Calhoun, 2 pages, Ex 6 34 06/20/2011 Email from Allen Berck to 'pott.ema@pottcounty.com... Melanie Rasmussen,

Subject:

Daily event status at Fort Calhoun, 2 pages, Ex 6 35 06/21/2011 Email from Allen Berck to 'pott.ema@pottcounty.com... Melanie Rasmussen,

Subject:

Daily event status at Fort Calhoun, 2 pages, Ex 6 36 06/28/2011 Email from Allen Berck toBill Pook... Larry Oliver,

Subject:

Daily Event Status for Fort Calhoun Station, 2 pages, Ex 6 37 07/07/2011 Email from Thomas Farnholtz to Linda Howell, Ryan Alexander,

Subject:

Fw: Daily Event Status at Fort Calhoun - Thursday,2 pages,EX 6 38 07/08/2011 Email from Thomas Farnholtz to Linda Howell, Ryan Alexander,

Subject:

Fw: Daily Event Status at Fort Calhoun - Friday, 2 pages,Ex 6 39 07/09/2011 Email from Thomas Farnholtz to Linda Howell, Ryan Alexander,

Subject:

Fw: Event Status weekend of July 9, 10, 2 pages, Ex 6 40 07/09/2011 Email from Thomas Farnholtz to Ryan Alexander... Linda Howell,

Subject:

Fw: Fort Calhoun Station 7/9/11 0500 Nightshift Incident Command Report, 5 pages, Ex 6 41 07/12/2011 Email from Erick Matzke, to Ray Azua...Jeff Clark,

Subject:

FW:

ICS Structure 7-11-2011 .docx, 3 pages, Ex 6 42 07/12/2011 Email from Mark Haire to Kriss Kennedy... Ray Azua,

Subject:

FYI:

FW: Incident Commander Report, 4 pages, EX 6 43 07/12/2011 Email from Thomas Farnholtz to Linda Howell, Ryan Alexander,

Subject:

Fw: Fort Calhoun status - Tuesday, 2 pages, Ex 6

t Re: FOIAIPA-20111-0339 44 07/15/2011 Email from Allen Berck to M'Bill Pook... John Kirkland,

Subject:

Fort Calhoun Event Status-Friday, 2 pages, Ex 6 45 07/02/2011 Email from Thomas Farnholtz to Kriss Kennedy... Linda Howell,

Subject:

FW: Daily Event Status at Fort Calhoun - Saturday, 3 pages 46 07/22/2011 Email from Allen Berck to Bill Pook... Bernadette Baca,

Subject:

Fort Calhoun Event Status-Friday, 2 pages, Ex 6 47 07/29/2011 Email from Allen Berck to bill@region5-6... John Kirkland,

Subject:

Fort Calhoun event status-Friday, 2 pages, Ex 6 48 08/05/2011 Email from Rhonda R Hankins to bill@region5-6... John Kirkland,

Subject:

Fort Calhoun Event Status-Friday, 2 pages, Ex 6 49 08/08/2011 Email from Allen Berck to bill@region5-6... John Kirkland,

Subject:

Fort Calhoun event status-Monday, 2 pages, Ex 6 50 08/12/2011 Email from Rhonda R Hankins to Allen Berck... John Kirkland,

Subject:

Fort Calhoun event status-Friday, 2 pages, Ex 6 51 08/15/2011 Email from Allen Berck to bill@region5-6... John Kirkland,

Subject:

Fort Calhoun event status-Monday, 2 pages, Ex 6 52 08/22/2011 Email from Allen Berck to bill@region5-6... John Kirkland,

Subject:

Fort Calhoun event status-Monday, 2 pages, Ex 6 53 08/26/2011 Email from Allen Berck to bill@region5-6... John Kirkland,

Subject:

Fort Calhoun event status-Friday 2 pages, Ex 6 54 06/18/2011 Email from Jeff Clark to Kriss Kennedy, Linda Howell,

Subject:

Daily event status at Fort Calhoun, 2 pages, Ex 6 55 06/22/2011 Email from Jon Schwarz. to Ryan Laurel, Bill Maier,

Subject:

FW; Daily Event Status at Fort Calhoun, 2 pages, Ex 6 56 06/23/2011 Email from Jon Schwarz to Al Berndt... Ginger Willson,

Subject:

FW: Daily Event Status at Fort Calhoun, 3 pages, Ex 6 57 06/28/2011 Email from Jon Schwarz to Bill Maier,

Subject:

FW: Additional Sirens with no Power, 2 pages, Ex 6 58 07/01/2011 Email from Tom Farnholtz to Linda Howell.. .Anton Vegel,

Subject:

FW: Daily event status at Fort Calhoun, 3 pages, Ex 6 59 07/03/2011 Email from Thomas Farnholtz to Linda Howell,

Subject:

Fw: Daily Event Status at Fort Calhoun - Sunday, 3 pages, Ex 6 60 07/04/2011 Email from Thomas Farnholtz to Linda Howell,

Subject:

Fw: Daily Event Status at Fort Calhoun - Monday, July 4, 2 pages, Ex 6 61 07/06/2011 Email from Thomas Farnholtz to Linda Howell,

Subject:

Fw: Daily Event Status at Fort Calhoun - Wednesday, July 6, 2 pages, Ex 6 62 07/11/2011 Email from Thomas Farnholtz to Linda Howell, Ryan Alexander,

Subject:

Fw: Fort Calhoun status, 2 pages, Ex 6 63 08/25/2011 Email from Jon Schwarz to Al Berndt... Ginger Willson,

Subject:

FW: Fort Calhoun Event Status - Thursday, 2 pages, Ex 6