ML041490050

FOIA/PA-2004-0140 - Resp 6 - Final

ML041490050
Person / Time
Site:	Davis Besse
Issue date:	05/26/2004
From:	Reed C NRC/OCIO/WPDSD/FOIA
To:	Henry T The Blade
References
FOIA/PA-2004-0140
Download: ML041490050 (5)

Text

NRC FORM 464 Part I U.S. NUCLEAR REGULATORY COMMISSION FOIA/PA RESPONSE NUMBER (6-1998) RE&t 4 2004 0140 6 RESPONSE TO FREEDOM OF X INFORMATION ACT (FOIA) / PRIVACY RESPONSE w FINAL g PARTIAL ACT (PA) REQUEST TYPE REQUESTER y DAT 6 20O4 Thomas HenryI PART 1.- 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.

w lI APPENDICES Agency records subject to the request that are Identified Inthe listed appendices are already available for 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 l K, L public Inspection and copying at the NRC Public Document Room.

D 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.

r7PENDICES1 APPNICES LAgency 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.

LI We are continuing to process your request.

D See Comments.

PART l.A-FEES AI.10UNT You will be billed by NRC for the amount listed. [2 None. Minimum fee threshold not met.

l$ 138-20 l You will receive a refund for the amount listed.  :] Fees waived.

See comments for detais PART l.B - INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE D No agency records subject to the request have been located.

Certain information Inthe requested records is being withheld from disclosure pursuant to the exemptions described Inand for the reasons stated in Part 11.

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 Inthe letter that it Is a 'FOIA/PA Appeal."

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

The fees for processing your request are:

Duplication of 791 pages (minus 100 free pages) @$0.20 per page = 138.20 Total = $138.20 SIGNATURE . FREEDOM OF INFORMATION ACT PRIVACY ACT OFFICER Carol Ann Reed C c0 -0 4 ON RECYCLED PAPER This form was designed using InForms NRC FORM PRINTED NRC FORM 464464 Part 1 (6.1998)

Part 1 (6-1998) PRINTED ON RECYCLED PAPER This form was designed using InForms

NRC FORM 464 Part II U.S. NUCLEAR REGULATORY COMMISSION FOIA/PA DATE RESPONSE TO FREEDOM OF INFORMATION My 2 ACT (FOIA) / PRIVACY ACT (PA) REQUEST 2004-0140 6 2004 PART IL.A - APPLICABLE EXEMPTIONS APPFNnirF.q Records subject to the request that are described in the enclosed Appendices are being withheld In their entirety or In part under the L, M 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.

LI Exemption 3: The withheld Information Is specifically exempted from public disclosure by statute Indicated.

E Sectons 141-145 of the Atomic Energy Act, which prohibits the disclosure of Restricted Data or Formerly Restricted Data (42 U.S.C.

21 61-2165) .

L 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 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.

D Exemption 4: The withheld information is a trade secret or commercial or financial Information that is being withheld for the reason(s) indicated.

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

l 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).

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

idJ~ Exemption: The withheld Information consists of Interagency or Intraagency records that are not available through discovery during litigation.

Applicable privileges:

Deliberative process: Disclosure of predecislonal 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 predecislonal Information.

There also are no reasonably segregable factual portions because the release of the facts would permit an indirect Inquiry Into the predecislonal 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)

Fl Exemption 6: The withheld information Is exempted from public disclosure because its disclosure would result in a clearly unwarranted Invasion of personal privacy.

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

i (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).

b (C) Disclosure would constitute an unwarranted Invasion of personal privacy.

F (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.

n (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.

2 (F) Disclosure could reasonably be expected to endanger the life or physical safety of an Individual.

OTHER (Specify)

PART IL.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 EDO SECYOFIG James L. Caldwell ___ _ _

Regional Administrator, R

_Appendix Appendix /11-8, M

L/12-14, ____

Guy P. Caputo Director, Office of Investigations Appendix 11.14, fVv 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.!

NRFR 4atRNTDNREYCE PAPER- Thiso NFIC FORM 464 Part 11(6-1998) PRINTED ON RECYCLED PAPER This form was designed using InForms

FOIA-2004-01 40 APPENDIX K RECORDS BEING RELEASED IN THEIR ENTIRETY NO. DATE DESCRIPTIONI(PAGE COUNT)

1. 2/19/04 E-Mail from Mendiola to Ruland, Draft Comm plan for order transmittal attaching 2/18/04 E-Mail from Strasma to Mendiola (2 pages)

FOIA-2004-0140 APPENDIX L RECORDS WITHHELD IN PART NO. DATE DESCRIPTION/(PAGE COUNTn/EXEMPTIONS

1. Undated Updated/Revised Hot List (2 pages) Ex. 5, 7A, 7C

2. Undated Updated/Revised Hot List (4 pages) Ex. 5, 7A, 7C

3. Undated Updated/Revised Hot List (2 pages) Ex. 5, 7A, 7C

4. Undated Updated/Revised Hot List (2 pages) Ex. 5, 7A, 7C

5. Undated Updated/Revised Hot List (2 pages) Ex. 5, 7A, 7C

6. 2/17/04 E-Mail from Caldwell to Lipa, Davis Besse (1 page) Ex. 7A, 7C

7. 2/17/04 E-Mail from Grobe to Lipa, Davis Besse (12 pages) Ex. 5, 7A, 7C

8. 2/17/04 E-Mail from Grobe to Lipa, Davis Besse (2 pages) Ex. 5, 7A, 7C

9. 2/17/04 0350 Panel Briefing for James Caldwell, Davis Besse Oversight Activities, Panel Restart Recommendations (11 pages) (10 pages Released) Ex. 7A

10. 2/23/04 0350 Panel Briefing for NRC Senior Management, Davis Besse Oversight Activities, Panel Restart Deliberation Briefing (16 pages) (15 pages Released) Ex. 5, 7A

11. 2/23/04 0350 Panel Briefing for James Caldwell, Davis Besse Oversight Activities, Panel Restart Recommendations (13 pages) (12 pages Released) Ex. 7A

12. 2/23/04 0350 Panel Briefing for NRC Senior Management Davis Besse Oversight Activities, Panel Restart Deliberation Briefing (25 pages) (24 pages Released) Ex. 5, 7A

13. 2/23/04 0350 Panel Briefing for NRC Senior Management Davis Besse Oversight Activities, Panel Restart Deliberation Briefing (21 pages) (20 pages Released) Ex. 5, 7A

14. 2/23/04 Davis Besse 0350 Panel Restart Deliberation Briefing (145 pages) (122 pages Released) (19 pages Outside Scope and therefore not provided)

Ex. 5, 7A

FOIA-2004-0140 APPENDIX M RECORDS WITHHELD INTHEIR ENTIRETY NO. DATE DESCRIPTION/(PAGE COUNT)/EXEMPTIONS

1. 2/24/04 E-Mail from Grobe to DB0350, Conversation with Cl (3 pages) Ex. 7A

2. 2/20/04 E-Mail from Lipa to Mendiola, 2-20-04 Caldwell-Dyer-Collins Brief 2-23-04 attaching draft (14 pages) Ex. 5, 7A