ML20108E921
| ML20108E921 | |
| Person / Time | |
|---|---|
| Site: | HI-STORM 100, 07201029 |
| Issue date: | 04/15/2020 |
| From: | Stephanie Blaney Information Services Branch |
| To: | Langley C Public Watchdogs |
| Shared Package | |
| ML20108E919 | List: |
| References | |
| FOIA, NRC-2020-000169 | |
| Download: ML20108E921 (4) | |
Text
NRC FORM 464 Part I U.S. NUCLEAR REGULATORY COMMISSION NRC RESPONSE NUMBER (06-2019)
RESPONSE TO FREEDOM OF NRC-2020-000169 1 INFORMATION ACT (FOIA) REQUEST RESPONSE TYPE INTERIM FINAL REQUESTER: DATE:
Charles Langley 04/15/2020 DESCRIPTION OF REQUESTED RECORDS:
Copies of records pertaining to San Onofre NRC docket #07201040 and #07201029, as specified; copy of the safety analysis report discussed in 10 CFR 72.70 and licensee's commitments remaining in effect that were made in docketed licensing correspondence; and additional documentation as required by 10 CFR 54.3 PART I. -- INFORMATION RELEASED The NRC has made some, or all, of the requested records publicly available through one or more of the following means: (1) https://
www.nrc.gov ; (2) public ADAMS, https://www.nrc.gov/reading-rm/adams.html; (3) microfiche available in the NRC Public Document Room; or FOIA Online, https://foiaonline.gov/foiaonline/action/public/home.
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 referred to that agency (See Part I.D -- Comments) for a disclosure determination and direct response to you.
We are continuing to process your request.
See Part I.D -- Comments.
PART I.A -- FEES You will be billed by NRC for the amount indicated. Since the minimum fee threshold was not met, AMOUNT you will not be charged fees.
You will receive a refund for the amount indicated.
Due to our delayed response, you will not be Fees waived. charged search and/or duplication fees that would otherwise be applicable to your request.
PART I.B -- INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE 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"). See 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 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. If you submit an appeal by mail, address it to the FOIA Officer, at U.S. Nuclear Regulatory Commission, Mail Stop T-6 A60M, Washington, D.C. 20555-0001. You may submit an appeal by e-mail to FOIA.resource@nrc.gov. You may fax an appeal to (301) 415-5130. Please be sure to include on your submission that it is a FOIA Appeal. Only a pre-registered user may file an appeal through FOIA Online, https://
foiaonline.gov/foiaonline/action/public/home. A user who has not registered an account prior to filing the initial FOIA request may still submit their appeal by one of the above mentioned options.
PART I.C -- REFERENCES AND POINTS OF CONTACT You have the right to seek assistance from the NRC's FOIA Public Liaison by submitting your inquiry at https://www.nrc.gov/reading-rm/
foia/contact-foia.html, or by calling the FOIA Public Liaison at (301) 415-1276.
If we have denied your request, you have the right to seek dispute resolution services from the NRC's Public Liaison or the Office of Government Information Services (OGIS). To seek dispute resolution services from OGIS, you may e-mail OGIS at ogis@nara.gov, send a fax to (202) 741-5789, or send a letter to: Office of Government Information Services, National Archives and Records Administration, 8601 Adelphi Road, College Park, MD 20740-6001. For additional information about OGIS, please visit the OGIS website at https://www.archives.gov/ogis.
NRC FORM 464 Part I U.S. NUCLEAR REGULATORY COMMISSION NRC RESPONSE NUMBER (06-2019)
RESPONSE TO FREEDOM OF NRC-2020-000169 1 INFORMATION ACT (FOIA) REQUEST RESPONSE TYPE INTERIM FINAL PART I.D -- COMMENTS Based on the description of your request, we tasked the program office that is most likely to have responsive records, the Office of Nuclear Material Safety and Safeguards (NMSS), which provided us with the attached listing of responsive records. Please note that Revision 4 of the HI-STORM UMAX FSAR was reviewed by the NRC inspectors on site; therefore, the NRC does not possess a copy of Revision 4.
In addition to the records identified in the attached listing, we have also included a redacted version of the HI-STORM FW FSAR, Revision 5. See Part II for the exemption(s) claimed for the redacted portions.
Signature - Freedom of Information Act Officer or Designee Stephanie A. Blaney Digitally signed by Stephanie A. Blaney Date: 2020.04.15 08:52:21 -04'00'
NRC FORM 464 Part II U.S. NUCLEAR REGULATORY COMMISSION NRC (04-2018) 2020-000169 RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST DATE:
04/15/2020 PART II.A -- APPLICABLE EXEMPTIONS Records subject to the request are being withheld in their entirety or in part under the FOIA exemption(s) as indicated below (5 U.S.C. 552(b)).
Exemption 1: The withheld information is properly classified pursuant to an Executive Order protecting national security information.
Exemption 2: The withheld information relates solely to the internal personnel rules and practices of NRC.
Exemption 3: The withheld information is specifically exempted from public disclosure by the 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).
41 U.S.C. 4702(b), which prohibits the disclosure of contractor proposals, except when incorporated into the contract between the agency and the Other:
Exemption 4: The withheld information is a trade secret or confidential commercial or financial information that is being withheld for the reason(s) indicated.
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).
The information is considered to be another type of confidential business (proprietary) information.
The information was submitted by a foreign source and received in confidence pursuant to 10 CFR 2.390(d)(2).
Exemption 5: The withheld information consists of interagency or intraagency records that are normally privileged in civil litigation.
Deliberative process privilege.
Attorney work product privilege.
Attorney-client privilege.
Exemption 6: The withheld information from a personnel, medical, or similar file, 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 open enforcement proceeding.
(C) Disclosure could reasonably be expected to constitute an unwarranted invasion of personal privacy.
(D) The information consists of names 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 any individual.
Other:
PART II.B -- DENYING OFFICIALS In accordance with 10 CFR 9.25(g) and 9.25(h) of the U.S. Nuclear Regulatory Commission regulations, the official(s) listed below have made the determination to withhold certain information responsive to your request.
APPELLATE OFFICIAL DENYING OFFICIAL TITLE/OFFICE RECORDS DENIED EDO SECY Stephanie Blaney FOIA Officer PII Select Title/Office from drop-down list Select Title/Office from drop-down list Select Title/Office from drop-down list NRC Form 464 Part II (04-2018)
FOIA Request NRC-2020-000169 ADAMS Accession Nos.
- 1. Provide the current licensing basis (as defined in 10 ML16341B061 CFR 54.3) for docket 07201040.
- 2. Provide the current licensing basis (as defined in 10 A0 - ML030100419 CFR 54.3) for docket 07201029. A1 - ML051520016 A2 - Withdrawn A3 - ML15054A415 A4 - ML19036A557
- 3. Provide Transnuclear NUHOMS CoC No. 72-1029, ML051520016 Amendment 1 (docket 07201029).
- 4. Provide Transnuclear NUHOMS CoC No. 72-1029 Final Staff does not have any Safety Analysis Report (FSAR), Revision 5 (docket records responsive to this 07201029). request.
- 5. Provide Holtec UMAX CoC No. 72-1040, Amendment 2. ML16341B061
- 6. Provide HI-STORM UMAX FSAR, Revision 4. Staff does not have any records responsive to this request.
- 7. Provide HI-STORM FW FSAR, Revision 5. ML17179A444
- 8. Provide a copy of the Safety analysis report discussed Staff does not have any in 10 CFR 72.70 and licensee's commitments remaining in records responsive to this effect that were made in docketed licensing request.
correspondence such as licensee responses to NRC bulletins, generic letters, and enforcement actions, as well as licensee commitments documented in NRC safety evaluations or licensee event reports.
- 9. Additional documentation as required by 10 CFR 54.3 is Staff does not have any requested including the identifications of Applicable records responsive to this requirements identified and discussed in 10 CFR 54.3. request.