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NRC FOR.JG4 PartI
4
U.S. NUCLEAR REGULATORY CO&AS510N FOI•tPA
RESPONSE TO FREEDOM OF
INFORMATION ACT (FOIA) I PRIVACY
ACT (PA) REQUEST
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REOUESTER
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RESPONSE NWABER
2012-0204
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PART L- INFORMAT1O~4 RELEASED
No additional agency records subject to the request have been located.
["
L-]Requested records are available through another public distribution progjram. See Comments section.
[L
GROUP
•.
Agency records subject to the request that are identified in the specifie group arealready available for
public mnspection and copying at the NRC Public Document Room.
L]II]public inspection and copying at the NRC Public Document Room.
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'
Agency records subject to the request that are cntained inthe specifed group arebeig made availablefo
Agency records subject to the request are enclosed.
Records subject to the request that conta~in information onginated by or of interest to another Federal agency have been
referred to that agency (see comments section) for a disclsure determination and direct response to you.
]
[J-We are continuin~g to process your reque=st
•
See Comments.
II
LA
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V']You will bebilleday NrCfn
PART LB
-
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INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE
No agency records subject to the request have been located. For your information, Congress excduded three di~scete
categories of law enforcement and national security records from the requirements of the FOIA. See 5 U.S.C. § 552(c)
(2008 & Supp. IV (2010). This response is i~mited to those records thtat are subject to the requirements of the FOdA. -This
is a standard notifiation that is given to all our requesters and should not be taken as an indication that exdluded records
do, or do not, exist.
Certain information intI'e requested records is beng withheld from disclosure pursuant to the exemptions described in
and for~the reasons stated in Part I1.
This determination may be appealed wiqthin 30 days by writing to the FOIN/PA Officer, U.S. Nuclear Regulatory Commission.
Washington, DC 20555--0001. Clearly state on the envelope and inthe letter that it is a "FOIN:PA Appeal."
PART LC COMMENTS ( Use attached Comments conilauatlom page if required)
We are administratively closing your request pursuant to your conversation with Mark Graff in this office on August 27, 2013.
- FREEDOMJ
OF INORMATrON ACT A1qD
PRIVCACY"
ACT OVPiCF.R
S4GNATURE
D•STR]eCT'l•-F OIAA Sr•
OFFCEIACTION OFICERFOA/A OFFICI
____________"___________
NRC FORM 484 Part I (08-2013)
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PART L- INFORMATION RELESED
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No additional agnyrecords sujc o the eqsthave been loceted.
Requested records areavaable tru ha
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u~ci~binper m See Comm ents setin
Agency records subject to the request tha are Identiied inth speewfed group are already available for
pub'l'c inpcin and copying at the NRC Pulc ob innt Room.
__•
Agency records subject to the reqs tha are contoined in the spe•,ied group are being made available for,
jpublic inspe--on and copying at the•NRC PuJblic Doznnt Room.
L]1
Records suljed• to the request tht contain inforrnation originated by or of Interest to anothe Federal agency ha.ve been
referred to that agency (see comnments seclion) for a discloure deteminantion and dir'ect response to you.
•We are contnuing toprocess yor requ•est
Z] See Comments.
ARLA- FEES
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Y•ou win recve'v a mretjn for t'he arnourt lis;ted.
'IFes
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PART LB - INFORMA"ION HOT LOCATED OR WITHHELD FROM rDISCLOSURE:
No agnyrecords subject to the ruethave been loctd. For yor nformaton. ogrs excluedl treeoicrt
c~tegorie of law enforcement and national securit records fl the reqluirement of the FOIA. See 5 U.S.C. § 552(c)
(2008 &Supp. IV(2010). ThIis responlse is timited to those records that are subject to the requirernents of the FOIA. This
is a s!rndardl nollllcation that is given to el our requestersa nd should not be talen as an indication that etctuded records
do. or do noct. erist.
[]-Certain information Intt-e
requse
eords is bigwidihhel from dic{l•osure prun oteeepin
e~bdi
and for the reasons stated. In Part II.
[]
Thi•s detrmination may be appelied withn 30 days by wrl• to 1±e. FOINPA Officer, U.$. Nuclear Regulatory Commission,
Washiington, DC 2055.=-0001. Clearl.stote on lr envelape and i-athe let.or t-at it is a "FoJA/PA Appeal."
PART !.C C:OMMENTh ( Us. aftt=heal Comments contleustlon page If requl red)'
We are adn inistratively closing your req sr pursuant to your convcrsszion with Mar G r-af in this offi:ce on Augus't 27, 2013.
_
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NROFOU44P
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Burkhalter, Cornelia
From:
Sent:
To:
Munroe, Stacey
Subject:
Attachments:
Thursday. May 03, 2012 7:31 AM
Burkhalter, Cornelia; FOIAPAR4 Resource
FW: RESEND: Clarifying Request fo 2012--0204 (correction to body of emnail)
2012-02014.pcf
Importance:
Higl'
From: Baca, Bernadette
Sent: Wednesday, May 02, 2012 1:54 PM
To: Munroe, Stacey
Subject: RESEND: Clarifying Request for 2012-0204 (correction to body of email)
Importance: High
Stacey,
Could you request a clarification for 2012-204.?
i have several inspectors asking the following:
(1) All communications between the NRC and SCE: Does the requestor want steam generator tube testing
.data (raw data) or just the summaries of deficiencies identified? If testing data is requested, it will mean
over 5,000 pages minimum of testing data that has been communicated to the NRC. The testing data
is for multiple points on hundreds of feet of close to 2000 tubes and counting. This set of data is
extensive. Please ask for clarification regardiing all communications: summaries of deficiencies or all
communications.
(2) Does the requestor want all communication iterations (drafts, revisions) or the final copy with the final
results? Many documents were revised daily (sometimes multiple times a day) based on information as
soon as it was obtained. Statuses were updated multiple times a day. Does the requester want the
iterative information or information with the final results as presented to the NRC?
Thank you.
Bernadette Baca
Project Engineer
DRS-TSB-Technical Support Services
817-200-1235
From: Munroe, Stacey
Sent: Thursday, April 26, 2012 10:49 AM
To: Baca, Bernadette; .Jayroe, Peter; R4A1±EGATIO2N• Resource
Cc: Gepford, Heather, Clay, Eamestine; Castles, Debbie; Fleischrann, Tre-vor; Howell, Art;, Collins, Elmo; Fuller, Karta
Subject: 2012-0204
Importance: High
Attached is FOIA 2012-0204. Search and review estimates are due May 1;•201
Division, please let me know as soon as possible.
The cc's to this FOIA are receiving a courtesy copy only and have no action.
If this FOJA should go to another
Thanks.
FOIA Coordinator, NRC RIV
Support Services Assistant, DRMA
Work Phone - 817-200-1136
z
Burkhalter,, Cornelia
From:
Sent:
To:
Isakovic. Nadja
Subject:
Thursday, June 21. 2012 10:33 AM
Burkhalter, Comnelia
RE: FOIA 2012-0204
Importance:
High
Good morning Cornelia,
Here is an address:
-Southern California Edison
PRO.Box 128 (D3C)
San Clemente, CA 92672.
From: Burkhalter, Cornelia
Sent: Wednesday, June 20, 2012 4:00 PM
To= Isakovic, Nadja
Subject: RE: .FOIA 2012-0204
We really need an address. I guess ! can call and get it.
Cornelia Burkhalter, FOIA Specialist
Information and Records Services DivisionhISB/FPS
Office of Information Services
Location: T-5F2
Tele~ph'one: 301-415-6600
We Must Go Through The Storm to Appreciate The Sunshine!
SU.S.NRC
From: Isakovic, Nadja
Sent: Wednesday, June 20, 2012 3:57 PM
To: Burkhalter, Comelia.
Subject: FW: FOIA.2012-0204
Please see information below;
Nadja
From: Thurstan, Carl
Sent: Wednesday, June 20, 2012 3:50 PM
To: Isakovic, Nadja
Subject: RE: FOIA 2012-0204
1
Licensee contact:
Michael Stevens
Michael.stevens(,sce.com
949-368-6788
From: Isakovic, Nadja
Sent: Wednesday, June 20, 2012 3:45 PM
To: Thurston, Carl
Subject: FW: FOJA 2012-0204
Importance: High.
FOIA caseworker looking for contact information. Please see below and provide answer if you have it?
Nadja
From: Burkhalter, Cornelia
Sent: Wednesday, June 20, 2012 3:39 PM
To: Isakovic, Nadja
Subject. RE: FOIA 2012-0204t
Nadja.
The both of us will work through the FOIA process.
If both documents are being referred to the licensee, I will need the contact information to send the documents.
Thank you.
Cornelia Burkhalter, FOIA Specialist
Information and Records Services Division/ISB/FPS
Office of Information Services
Location: T-SFZ
Telephone: 301-415-6600
We Must Go Through The Storm to Appreciate The Sunshinel
SU.s.NRc
From: Isakovic, Nadja
Sent: Wednesday, June 20, 2012 3:36 PM
To: Burkhallter, Comneiia
Subject: RE: FOIA 2012-0204
Pages 77
From: Burkhalter, Cornelia
Sent: Wednesday, June 20, 2012 3:31 PM
I
Burkhalter, Cornelia
From:
Sent:
To:
Subject:
Isakovic, Nadja
Wednesday. June 20. 2012 3:57 PM
Burkhalter, Comella
FW: FOIA 2012-0204
Pleasesee information below.
Nadja
From- Thurston, Carl
Sent:. Wednesday, June 20, 2012 3:50 PM
To: Isakovic, Nadja
Subject: RE: FOIA 2012-0204
Licensee contact:
Michael Stevens
Michael.stevensL6,sce.com
949-368-6788
Frofn: Isakovic, Nadja
Sent: Wednesday, June 20, 2012 3:45 PM
To: Thurstont Carl
Subject: FW: FOIA 2012-0204
Importance: High
FOJA caseworker looking for contact information. Please see below and provide answer if you have it?
Nadja
From: Burkhalter, Cornelia
Sent: Wednesday, June 20, 2012 3:39 PM
To: Isakovic, Nedja
Subject: RE: FOZA. 2012-0204
Nadja.
The both of us will work through the FOIA process.
If both documents are being referred to the licensee, I will need the contact information to send the documents.
Thank you.
Cornelia Burkhalter, FOIA Specialist
Information and Records Services Division/lSB/FpS
Office of Information Senrices
Location: 1"-51F2
Telephone: 301-415-6600
We Must Go Through The Storm to Appreciate The Sunshine!.
1
Burkhalter, Cornelia
From:
Sent:
To:
Cc:
Subject:
Fettus, Geoffrey [gfettus~nrdc.org]
Monday, May 14, 2012 10:11 AM
Burkhalter, Cornelia
FOIA Resource
RE: FO)IA 2012-0204
Hi Ms. Burkhalter- in order,
If the "Summary of DeficienciesN does not present results from the entirety of the tests, then we request both rawdata
(in digital form if possible to make it easier for the agency to simply burn a cd) and the summary reports. But if the
Summary of the Deficiencies present all the meaningful results, that would be fine. Second, with regard to the second
item, the "Final Results" are sufficient. We like having the data, but certainly do not want to put you through collection
of redundant (draft) data.
We appreciate your note attempting to narrow down the scope of the request and we hope that the above responses
assist.
Please don't hesitate to contact me if I can be of any more assistance.
Geoff Fettus
NRDC
202 289 2371
From: Burkhalter, Comnelia [mailto:Cornelia.Burkhalter~anrc.aov]
Sent:. Friday, May 04, 2012 8:27 AM
To: Fettus, Geoffrey
Cc: FOIA Resource; Burkhalter, Cornelia
Subject: FOIA 2012-0204
Good morning Mr. Fettus.
In an attempt to narrow the scope on your FOlA request, the responding office has the following questions:
(1) All communications between the NRC and SCE: Does the requestor want steam generator tube
testing data (raw data) or just the summaries of deficiencies identified? Iftesting data is requested, it
will mean over 5,000 pages minimum of testing data that has been communicated to the NRC. The
testing data is for multiple points on hundreds of feet of close to 2000 tubes and counting. This set of
data is extensive. Please ask for clarification regarding all communications: summaries of deficiencies
or all communications.
(2) Does the requestor want all communication iterations (drafts, revisions) or the final copywith
the final results? Many documents were revised daily (sometimes multiple times a day) based on
information as soon as it was obtained. Statuses were updated multiple times a day. Does the
requestor want the iterative information or information with the final results as presented to the NRC?
Please provide your response within 10 days from today's date.
Thank you.
I
ml
Specialist
Cornelia Burkhalter, 'FOIAServices
Division/lSB/FPS
Information and Records
Office of Information Services
Location: T-5F2
Telephone: 301-415-6600
We Must Go Through The Storm to Appreciate The Sunshine!
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UNITED STATES
REGULATORY COMMISSION
WA-,INGTON, D.C. 20555-0001
April 25, 2012
FOIA/PA-201 2-00204
Geoffrey H. Fettus
Natural Resources Defense Council, inc.
1152 15w" St. NW, Suite 300
Washington, DC 20005
Dear Requester.
We received your"Freedom of Information ActlPrivacy Act (FOIA/PA) request on April 23, 2012.
Your request has been assigned the following reference number that you should use in any
future communications with Us about your request: FOIA/PA-2012-00204
To ensure the most equitable treatment possible of all requesters, the NRC processes requests
on a first-in, first-out basis, using a multiple track system based upon the estimated time it will
take to process the request. Based on your description of the records you are seeking, we
estimate completion of your request will take more than 20 working days. We will advise you of
any-change in the estimated time to complete your request.
Due to the unexpected events in Japan, the NRC is experiencing a larger than normal volume of
FOIA requests including some that have qualified for expedited processing and have therefore
been placed at the front of the queue. We are doing our best to process all requests in a timely
manner but our response times are being affected. We appreciate your understanding.
For purposes of assessing fees in accordance with our regulations (10 CFR 9.33), we have
placed your request in the following category: News Media Representative. If applicable, you
will be charged appropriate fees for. Duplication Only.
A sheet has been enclosed that explains in detail the fee charges that may be applicable.
Please do not submit any payment unless we notify you to do so.
You requested that fees be Waived for your request and I have determined that your request for
a fee waiver does not provide sufficient information under 10 CFR 9.41 for the NRC to make a
determination to waive fees. A copy of the factors which must be addressed is enclosed.
The following person is the FOIA/PA Specialist who has been assigned responsibility for your
request: Cornelia Burkhalter at 301-41546600.
If you have questions on any matters concerning your FOIANPA request please feel free to
contact the assigned FOJA/PA Specialist or me at (301) 415-7169.
Sincerely,
(]
Donna L 8ealihg
FOAlNPnvacy Act Officer
Ofieof Information Services
Enclosures:
Incoming Request
'Explanation of Fees
Fee Waiver Justification Requirements
Fee Waiver Denial Notice
E;XPLANATION OF FEES
commercia purposes. Fees (above the rmicium~ fee charge) cannot be waived for this categony of requesser.
Educational, Non-Comm'ercial Scientiflc, N4•J Medi and Privacy Act: Fees may be charged only for document
dpiaonwhen recor'ds are not sought for comc~rni-a usve and the re-quest • made by n•Educ=.ational or NOn•
Commercial Sclertific Institutin, whose purpose is scholarly or ,scdentfiri reeac; or a Representatie of the News
Media; or a person requesin htsf'er owni reors that arre mna Prive Ac• system of recoris;No fee is charged for the.
first one. hundr•ed oages of, dtuiliction for this cateo,"y of requesteir.
Non.Excepted: For any request not descrnbed above (No ~xceptad). fees may be charged for docume•ni .searc.h anid
dulcto. No ,ee ischa,'ged for th~e fwsi;hwo hours of searc;h tkne or for the first one hundied pages of d=•iicotion for this
category1 of requetr.
Fee Schedules
Fee schedules provide only for he recovery of the dtrec costs of search, duplicaton, or revew. Review oasis Include only
the costs for initial examenation of a document to determine whiether it must be idisclosed and to determine whether to
withhod portions that are eempt from isclosure. The lee schedule i as'ole• :
Search & Rve
Conducted Bv
Rate
* SEStCOMMlSSrONER
$SO.53/.our
(ES-manmu)
* PROFESSIONAL.
S56.35/:cir
(GG.-13, Step 6)
* CLERICAL.
SZ5.1i•hour
(GG-7, Step7)
Duolication Ctia roes
$.20 per page
Fees fo r~on-standard search or dun ic~alin w•T be charuged at the a•*,JI co,,st (e.g. pov~dig copyin of aUdiO tapes or
conductLing comepuer searones).
Minimum Fee: No fe•e will be charged uness the tee •, equal to or greater than $25.00.
When t•o Pay Foee
If we estknat tat fees wi rot exceed 5'25,00 or you hav stated mn
your reus a h~gber amount that you are w~I~inQ to
pay, we assume your w~igness to pay up to 525 or the ar'ourm s~tipltd an"d you will be b~led at•rwe have conpleted
your request.
If we estimate that fe•es w•l exceed 525.00 or, any enon that! has O>en s~lts by you Niyour request. we wil not proceed
with your request1 until we have notif'ed you an obtained• your agreement to pay the estimated
.,-d
If we estin~e fees w•I exceed $250, youJ wil be requird to pay the estknated fees in advance before, we prod further
wi•th your request. If, whil p,-oce~ssig your reque•st, we f",.• that the acte fee eoe the estkna-ted fee, we will obtain
your consent to pay the addition'al lees before contirurng to prcss your request. If the actual f-ees to processa
request are less than any adv-ance payment you have made, you wit be refunded the o,,eipayrr'nt amo~unt.
Fee Walivers
A wai~ver or reduction of fees rmay be granted for fiirnhingd
rints if a requester, by fully addtres.sing the eight factors
in 10 CFR 9.4t, cearly demonstrates that disclosure of the infcmi~cn is in the puolic int.erest because 1,is l•:ely to
contiibute signf•cantly to pubtic u~nderstanding of the oper'atins or activities of the government and is not pnrnriany in the
commer, ial int.rest of"the requetr,
II
II
SECTION 9A41- REQUESTS FOR WAIVER OR REDUCTION OF FEES
(a)
FOZA Fee Waivers
(I)
The NRC shiat calect fees for searchin for. revieawing, arid duplica~ting agency records, unles a requester
submits a request-in wriltng for • waiver or reduction of fees. To assure that there wil be no delay in the processing of Freedom of
Information Act requests, the request for a waiver or reduction of fees should be included In the initial Freedom of Information Act
request letter.
(2)
Each request for a waiver or reduction of fees must be addressed to the Freedom of Informaton Act and
Privacy Act (FOLIJPA) Officer, U.S. Nuclear Regulatory Commission. Washington, DC 20555.
(b)
A person'requesling the NRC to waive or reduce searc. mreviw, or duplicatio n fees shall:
(1)
Describe the purpose for which the requester intends to use the requested information;
(2)
Explain the extent to which the requester will extract and analyze the substantive content of the agency record;
(3)
Describe the nature of the specific activit or research In-which the agency records will be used and-the specific
qualifications the requester possesses to utilize information for the intended use in such a way that ft will contribute to
public understanding;
(4)
Describe the likJely-impa--ct on the public's understanding of the subject as compared to the level of.
understanding, of the subject existig prior to disdclure;
(5)
Describe the size and nature of the public to whose understanding a contribution will be made;
(6)
Describe the intended means of dissemination to the general public;
(7)
lndicae ifpublic access to infonrnation will be provided free of charge or provided for an~acoess fee or
publicatio fee; and
(8)
Describe any commercial or private Interest the requester or any otheFparly has in the agentc, records sought.
(c)
The NRC will waive or reduce fees, without further specific informaltion from the requester if,from inflornmation provided
with .the request for agency records, it can determine that disclosure of the Information in the agency records is in the public interest
because It is lIkely to contribute signilicantly to public understanding of the operations or activties of the Government and is not
primarily in the commercial interest of the requester.
(d)
factors:
In making a determination regarding a request for a waiver or reduction of fees, the NRC shall consider' the following
(1).
11ow the subject of the requested agency records concerns the operations or activities of the Governm-ent;
(2)
I-ow the disclosure of the information Is likely to contribute to an understanding of Government operations or
activities;
(3)
If diclT•osure of the requested information Is lkely to contribute to publi understanding;
(4)
If disclosure is likely to contribute significantly to public understanding of Government operations or activiies;
(5)
if. and the extent to which, the reqluester has a commercial interest that-wou!ld be furthered b~y
the disclosure of
the reqluested agency records; and
(6)
If the magnitude of the identif-ied commercial interest of the requester is sufflciently large, in comparison with the
public interest In disclosure, that disclosure is primarily, in the commercial interest of the requester.
(e)
Wit~hin 10 working days after recaiptof a request for access to agency records for which the NRC agrees-to waive fees.
the NRC shall respond to the request.
(f)
if the written request for a w-aiver or red uction of fees does not meet the requirement¢s of th• section, th•eNRC Will infcorm
the requester that the request for waiver or reduction of fees is being denied. Thie requester will be informed of the right to appeal a
denial of a request to waive or reduce fees to the Secretary of the Commission within 30 days from the date of the denial,
Responses to Fee Waiver for FOIAIPA-2012-0204
Factor (1): Describe the pur'pose forwhich the requester intends to use the requested
infonrmati on.
You indicate you intend to use requested information in the pubflc interest because it is likely to
contribute significantly to public understanding of the operations or activities of the government
and is not primarily in the commercial interest of the requester,. This factor has been met.
Factor (2): Explain the extent to which the requester will extract and analyze the
substantive content of the agency records.
The request as, written does not fully explain how you will extract and analyze the substantive
content of the records you seek. You state the disclosure requested would be "likely to
contribute significantly to public understanding of the operations or activities of the govemnment"
But this statement does not explain how you will be used to analyze and dissimilate to the
public. This factor has not been met.
Factor (3): Describe the nature of the specific activity or research in which the
agency records will be used and the specific qualifications the requester
possesses to utilize information for the intended use in such a way that it will
contribute to the publictanderstanding.
Your request as written does not address what qualifications you possess to utilize the
information you seek or how you plan to use that information to-create a work product
that can be disseminated to the public. You~do, however, state on numerous occasions
that your represent the news media. This factor has not been met.
Factor (4): Describe the. likely impact on the public's understanding of the
subject as compared to the level of public understanding of the subject before
disclosure.
The request as written does not address this factor. This factor has not been met.
Factor (5): ~Describe the size and nature of the public to who understands a
Contribution will be made.
You state the region that would benefit from disclosure of requested records encompass the
location of the San Onofre units. The public does not currently possess comprehensive
information regarding the matter of the wear, leaks and pressure test failures in the steam
generator tubes for the San Onofre Nuclear Generating Station Units 2 and 3,and, as noted
above,, this situation hias global and domestic impacts. This factor has been met.
Factor (6): Describe the intended means of dissemination to the general public.
Your justification indicates NRC must presume that this disclosure is likely to contribute to public
understanding of its subject. In any; event, however, NRDC's extensive communications
capabilities and proven history of dissemination of information of public interest obtained from
II
-2Factor (7): Indicate if public access to information will be provided free of charge or
provided for an access fee or publication fee.
You state this information will available through your website which is updated daily and attacks
a large number of viewers. You also mention your e-mail listings and press releases and
quarterly .newsletters. This factor has been met.
Factor (8): Describe any commercial or private interest the requester or any other party
has in the agency records sought.
You state on numerous occasions there is no commercial or private interest. This factor has
been met.
Graft, Mark
From:
Sent:
Graft, Mark
Friday, August 30, 2013 9:03 AM
To:
Cc.
'gfettus@ nrdc~org'
Subject:
2012-0204
Burkhalter, Cornelia
Dear Mr. Fettus:
This is in follow up to the voice mail i left you on August 27, 2013, regarding your FOIA request FOIA-20 120204. Your request sought records regarding the steam generator tubes-at the San Onofre Nuclear
Generating Station Units 2 and 3. I received this case from Comelia Burkhalter who had worked with you
previously on the case. There have been significant changes to the underlying circumstances of the subject
matter about which you are seeking records.
Specific changes since the time of the April 20. 2012 submission of your request include the lack of the'
renewal of the license and subsequent closure of the SONGS nuclear station, Records regarding these
developments related to the subject matter of your request fall outside of the time cut-off for the. search for'
records in your case. Our last communication with you in this case that I show in the file was in May, 2012. As
a result, a large portion of the remaining records that would be responsive to your request are now available
,online or are significantly outdated. Please call me within the next week at your convenience if you are still
interested in pursuing your request for records that would necessarily pre-date your request, or to discuss your
case generally. Thank you and best regards.
Mark H. Graft, Esq.
FOIA Specialist
Office of Information Services
Nuclear Regulatory Commission
(0): 301-415-8154
Mark.Graffc.nrc.plov
1
NRDC
N-u~ E~RE EES ONI
Via Federal Express (with enclosures).and Electronic Mail to::
FOLA/Privacy Officer
U.S. Nuclear Regulatory Commission
Mailstop: T-5 F09
Washington, DC 20555-0001
FOIA.resource @nrc.gov
April 20, 2012
Re:
FOIA Request for Records Regarding Information on Steam Generator
Tubes for the San Onofre Nuclear Generating Station Units 2 and 3
Dear FOIA Officer:
On behalf of the Natural Resources Defense Council ("NRDC") we write to
request disclosure of records pursuant to the Freedom of Information Act ("FOIA"), 5
U.S.C. § 552, and applicable Nuclear Regulatory Commission("NRC") regulations at 10
C.F.R. § 9.11 etseq.
I.
Description of Records Sought
Please produce all non-exempt records 1 in NRC's possession, custody or control
which pertain to the matter of the replacement wear, leaks, pressure test failures, any
other damage in the steam generator tubes, and any changes to the design, number, or
composition of the steam tubes for the San Onofre Nuclear Generating Station Units 2
and 3, including communications 2 with any entity of the U.S. government, the licensee
for the utnits, Southern California Edison or any of its subsidiaries or contractors,
California State government entities, or any other individual or entity. The temporal
The term "records" is used herein to mean anything denoted by the use of that word or
its singular form in the text of FOIA. The term includes correspondence, minutes of
meetings, memoranda, notes, enmails, notices, facsimiles, charts, tables, presentations,
orders, filings, and other writings (handwritten, typed, electronic, or otherwise produced,
reproduced, or stored). This request seeks-responsive records in thd cutstody of any NRC
office, including, but not limited to, NRC Headquarters offices, and specifically including
NRC offices in posseSsion of records pertaining to the subject of this letter.
2 Teterm "communications" must be given the broadest possible meaning and includes
comments, emails, courtesy copies of emails, notes, data s~ets,. calendars, personal digital
assistant entries, and any other agency record involving communication and/or record of
communications between NRC and non-NRC persons.
scope of this request is limited to those agency records created or obtained since calendar
year 200"7.
IL
Request for a Fee Waiver
NRDC requests that NRC waive the fee that it would otherwise Charge for search
and production of the records described above. FOIA dictates that requested records b
provided without charge "if disclosure of the information is in the public interest because
it is likely to contribute significantly to public understatding of the operation~s or
activities of the government and is not primarily in the commercial interest of the
requester." 5 US.C. :§ 552(a)(4)(A)(iii); see also 10 CF.R. § 9,41(c). The requested
disclosure would meet both of these requiremnents. In addition, NRDC qualifies as "a
representative of the news media"~ entitled to a reduction of fees under FOIA. 5 US.C. §
552(a)(4)(A)(ii)(1l); see also 10 C.F.R, § 9.39(a).
A.
NRDC Satisfies the First Fee Waiver Requirement
The disclosure requested here would be "'Likely to contribute significantly to
public understanding of the operations or activities of the government." 5 U.S.C. §
552(a)(4)(A)(iii): 10 C.F.R. § 9.41(c). Each of the four factors used by NRC to evaluate
the first fee~waivcr requirement indicates that a fee waiver is appropriate for this request.
See 10 C.F.R. § 9.41(d).
1.
Subject of the request
The records requested here pertain to a~potcntially serious regulatory and safety
situation at two reactor units in a.highly populated region of the United States and thus,
there is global and domestic impact and interest. The NrRC is the government agency
charged with overseeing the safety of commercial nuclear operations and the requested
records dire~ctly concern "the operations or activities of the government" in regulating
such matters. SeeS5 U.SC. § 552(a)(4)(A)(iii); 43 C.F.R. § 9.4 1(d)(l).
2.
Informative value of the information to be disclosed
The requested records are "'likely to contribute" to the public's understanding of
government operations and activties. 5 U.SC. § 552(a)f4)(A)(iii); 10 C.F.R. §
9.41(d)(2), The public does not currently possess comprehensive information regarding
the matter of the wear, leaks and pressure lest failures in the steam generator tubes for the
San Onofre Nuclear Generating Station Units 2 and 3 and, as noted above, this situation
has global and domestic impacts. The records requested are not currently, in the public
domain, and their disclosure would therefore be meaningfully informative with respect to
NRC's actions and actions that may need to be taken with respect to safety of the
continued operation of the two San Oriofre units.
2
3.
Contribution to an understanding of the subject by the public is likely to
result from disclosutre.
Because iNRD¢C is a "representative of the news mnedia," as explained in Part ILC
below, NRC must presume that this disclosure is likely to contribute to public
understanding of its subject. 10 C.F.R. § 9.39(a). In any event, however, NRDC's
extensive communications capabilities and proven history of dissemination of
information of public interest obtained from FOTA records requests indicate that NRDC
is likely to reach a broad audience of interested persons with any relevant and
newsworthy information obtained from the present request.
NRDC intends to disseminate any newsworthy information in the released records
and its analysis of such records to its member base and to the broader public, through one
or more of the many communications channels referenced below. 5 U.S.C. §
552(a)(4)(A)(ii); 10 C.F.R. § 9.13. As .NR.DC's long history of incorporating information
obtained'tlhough FOIA into reports, articles and other communications illustrates, NRDC
is well prepared to convey to the public any relevant information it obtains through this
records request.
NRDC has the ability to disseminate information on the San Onofre situation
through its websire (http://www.n-dc.org) (homnepage at Attachment 1), which is updated
daily and draws approximately 893,000 page views and 378,000 visits per month; future
issues of OnEarthi magazine (excerpts from sample issue at Attachment 2). which is
distributed to approximately 150,000 subscribers, sold at newsstands and bookstores, and
made available online free of charge at hrttJ./www.nrdc.or~/onearth; its Nature's Voice
is a print and electronic newsletter featuring updates and actions on NRDC's campaigns
to protect nature and the environment and is distributed to 1.3 million members and
online activists,, and is available on line at htip://www.nrdc.orulnaturesvoic~eldefault.asp
(sample issue at Attachme:nt 3); and other newsletters and alerts, including the following.
We have already disseminated information on this topic via our website
(ht~tp'i/switchboard.nrdc.orufblonslmmckinzielthe nrdc nuclear nrourams. note.html).
NRDC's Activist Alert email list has more than 142.000 subscribers who receive
regular information on urgent environmental issues (sample email at Attachment 4).
Information disseminated to Activist Alert email subscribers is also available online at
NRDC's Action Center, hntp!/Iww,.nrdc.orgiactionldefaultasp (Attachment 5). This
Green Life is NRDC's electronic newsletter on environmentally sustainable living. It is
distributed by email to 62,000 subscribers (sample email at Attachmient 6) and made
I3
available online at http:iAvww.nrdc.oro_/hiso~reenlife/default.asp
(Attachment 7). NRDC
Online is a weekly electronic environmental newsletter distributed by e-mail to 37,000
subscribers, at http://vww.nrdc.crg/newsletrer (Attachment 8). NrRDC also maintains a
staff blogging site; "Switchboard,' at http:l/switchboard~rrdc~oro (Attachment 9), which
is updated daily and features more than 130 bloggers writing about cturrent environmental
issues. The blogs draw approximately 110,500 page views and 65.000 visits per month;
Switchboard' sRSS feed have approximately 3.100 subscribers; and Switchboard posts
appear on websites of other major internet media outlets, such as "The Huffington Post,"
I
II
at http:/lwwvw.huffin~.onpost.com (sample post at Attachment 10). NVRDC's profiles on
"Facebook," at http:lAwww.facehook.comlnrdc.org (Attachment 11), and "'Twitter," at'
http:/Avww.rwitter.comlnrdc (Attachment 12), are updated daily and have approximately
54,000 farts and 8,700 followers, respectively.
NRDC issues press releases; participates in press conferences and interviews with
reporters and editorial writers; and has nearly thirty staff members dedicated to
communications work, see "Communications" staff list at
http://www.nrdc.orjabout/staff~asp (Attachment 13). NrRDC employees provide
Congressional testimony; appear on television, radio and web broadcasts and at
conferences; and contribute to numerous national newspapers, magazines, academic
journals, other periodicals, and books. See, e.g.. Attachments 14 (testimony of David
Doniger, NRDC Climate Center Policy Director, before United States House
Subcommittee on Energy and Environment, Apr. 24, 2009), 15 (transcript, "Pollution
Still a Hazard to U.S. Beaches." CBS, CBS NEWS. July 29, 2009 (featuring~ NRDC Water
Program Co-Director Nancy Stoner)), 16 (transcript, "Companies Quit U.S. Chamber
Over Climate Policy," National Public Radio, Oct. 6, 2009 (featuring NRDC Climate
Campaign Director Pete Altman)), 17 (List of KCRW appearances by NRDC China
Program Director Barbara Finamiore, NRDC Water Program Senior Policy Analyst Barry
Nelson, and NRDC Climate Center Director Dan Lashof), 18 (conference brochure,
"World Business Summit on Climate Change," May 24-26, 2009 (featuring NRDC
Director for Market Innovation Rick Duke at 9)), 19 (article. "For climate pact, a step
back is sold as fitrst step," Chicago Tribune, Nov. 22, 2009 (featuring NRI)C
International Climate Policy Director .lake Schmidt)), 20 (article, "Court Showdown
Looms for NYC Electronics Recycling Law," New York Thnes, Jlan. 5, 2010 (featuring
NRDC Attorney Kate Sinding)), 21 (article, "Environmental groups try to block parts of
California's green building code," Los Angeles Times, Jan. 1132010), 22 (article, "An
Inconceivable Truth,'" Vogue, Aug. 2007 (featuring NRDC Public Health Scientist Sarah
lanssen)), 23 (article, "Green State of the Union," Deliver Magazine, Sept. 2009 (written
by NRDC communications staff member Francesca Koc)), 24 (article, "Is there a 'proper
level' of compliance with environmental law?" Trends: ABA Section of Environment,
Energy, and Resources Newsletter, Jani/Feb. 2008 (authored bY NRtI)C Senior Attorney
Michael Walt)), .25 (Research article, "'Outcomes of the California Ban on
Pharmaceutical Lindane: Clinical and Ecological Impacts," Environmental Health
Perspectives, March 2008 (co-authored by NRDC Public Health Scientist Sarah Jaussen
and NRDC Public Health Senior Scientist Gina Solomon)), 26 (publisher's notes to
C'lean Energy Common Sense: An American Call to Action on Global Climate Change
(Rowman & Littlefield Publishers, Inc. 2009), by NRDC President Frances Beinecke),
and 27
Jhtp/www.nrdc..or~/publications, NRDC: Publications in Print, Jan. 12, 2010);
see also Attachments 28-50, discussed below.
NRDC routinely uses FOIA to obtain information from federal agencies that
NRDC legal and scientific experts analyze in order to inform the public about a variety of
issues, including energy policy, climate change, wildlife protection, nuclear weapons,
pesticides, drinking water safety, and air quality. Some specific examples are provided
below.
4
(1)
In October 2008, NRDC issued a report a•ssessing the degrec of
enforcement of California's environmental and public health laws. This
report, An Uneven Shield: The Record of Enforcement and Violations
Und~er California'sEnvironmental, Health, and Workplace Safety Lawrs.
examined data on known violations and law enforcement responses under
six critical pollution. health, and workplace safety programs (Attachment
28). Much of the data analyzed in the study was obtained through formal
FOIA requests& See id. at pp. 4, 16.
(2)
NRDC obtained, through a court-enforced FOIA request, records of the
operations of the Bush administration's Energyj Task Force, headed by
Vice President Dick Cheney. It made those record.s available, along with
analysis of selected excerpts and links to the administration's index of
withheld documents, on NRDC's website at
httix/hvww.nrdc.orafair/energv~ltaskforceltfinx.asn (Attachment 29).
NRDC's efforts helped to inform the public about an issue that, even
before the records' release, had attracted considerable attention. See, e.g.,
Elizabeth Shogren, "Bush Gets One-Two Punch on-Energy," LA. Thmes,
Mar. 28, '2002. at A22 (Attachment 30); Bennett Roth, ",Houston EnergyDrilling Firm Appears in Documents from Energy Department." Houston
Chronicle, Apr. 12, 2002, (Attachment 31)..
(3)
NRDC obtained, through a FOLA request, a memorandum by Exxon.Mobil
advocating the replacement of a highly respected atmospheric .scientist,
Dr. Robert Watson, as the head of the Intergovernmental Panel on Climate
Change. NRDC used this memorandum to help inform the public about
what may have been behind the decision by the Bush administration to
replace Dr. Watson. See NRDC Press Release and attached Exxon
memorandum, "Confidential Papers Show Exxon Hand in White House
Move to Oust Top Scientist from International Global Warming Panel,"
Apr. 3, 2002, (Attachment 32); Elizabeth Shogren, "Charges Fly Over
Science Panel Pick," LA. Times, Apr. 4. 2002, at A19 (Attachment 33).
(4)
NRDC incorporated information obtained through FOJA into a 2005
report. published and provided free of charge at NRDC's website, see
htrp://www.rtrde.org/wildliie/marine/sound/contants.asp, on. the impacts, of
military sonar and other industrial noise pollution on marine life. See
Sounding the Depthts II: The Rising Toll ofSonar, Shipping and Industrial
Ocean Noise on Marine Life ('Nov. 2005) (update to 1999 report)
(.Attachment 34). Since the report's publication, the sonar issue has
continued to attract widespread public atteihtion. See, e.g., "Protest Raised
over New Tests of Naval Sonar,"' National Public Radio, All Things
Considered,July 24, 2007 (transcript at Attachment 35).
I
(5)
NRDC scientists have used information obtained through FOIA to publish
analyses of the United States' and other nations' nuclear weapons
programs. In 2004, for example, NR•DC scientists incorporated
information obtained through FOIA into a feature article on the United
States' plans to deploy a ballistic missile system and the implications for
global security. See IHans M. Kristensen, Matthew G. McKinzie, and
Robert S. Norris, "'The Protection Paradox," Bulletin of Atonzic Scientists,
MariApr. 2004 (Attachment 36).
(6)
NRDC has used White House documents obtained through FOlA to
inform the public about EPA's failures to protect wildlife and workers
from the pesticide atrazine in the face of industry pressure to keep atrazine
on the market. See httpi./www.nrdc.oro~lhealftilpesfteideslnatrazi ne.asp
(Attachment 37); see also William Souder, "It's Not Easy Being Green:
Are Weed[Killers Turning Frogs Into Hermaphrodites?2,: Harper's
Bazaar, Aug. 1, 2006 (referencing documents obtained and posted online
by NRDC) (Attachment 38).
(7)
N RDC has obtained, through FOJA, information on the levels of arsenfic in
drinking water supplies across the country. NRDC incorporated much of
the information into a report, Ar~senic and Old Lazws (2000), printed and
made avail"able online through NRDC's website, see
htto:Ilww,,w.nrdc.orelwater/drinkintlarserfic/aolinx.asn (Attachment 39),
and provided analysis describing its significance and guiding interested
members of the public on how to learn more about arsenic in their own
drinking water supplies, Id.; see also Steve LaRue, "'EPA Aims to Cut
Levels of Arsenic in Well Water," San Diego Union-Tribune, June 5,
2000, at BI (referencing NRDC re~port) (Attachment 40).
(8)
In 2000, NRDC used information obtained through FOIA to publish a
report analyzing the impacts of manure pollution from large livestock
feedlots on human health, fish and wildlife. See NRDC, S~'ills & Kills,
Aug. 2000, (Attachment 41).
(9)
In 1999, NRDC obtained, through FOIA, a Defense Department
document. History of the Custody and Deploymnent of Nuclear Weapons:
July 1945 through September 1977. The document attracted significant
press attention once it was disclosed. See, e.g., Walter Pincus, "Study
Says U.S. Secretly Placed Bombs; Cold War Deployments Affected
Mostly Allies," Washington Post (Oct. 20, 1999) at A3 (Attachment 42).
One of NRDC's nuclear scientists, Robert Norris, published a detailed
analysis of this document explaining its signlificance to the public. See
Robert S. Norris, William M. Arkin, and William Burr, "Where They
Were," Bulletin of Atomic Scientists, Nov.iDec. 1999 (Attachment 43).
6
(110)
In 1996, NRDC obtained, through FOTA., test results regarding lead levels
in the District of Columbia"s drinking water supplies. NRqDC made the
test results public along with analysis explaining the significance of the
results. See D'Vera Cohn. "Tap Water Safeguards Still Stalled; City
Failed toTell Some Residents of Excess Lead Contamination,"
Washington Post, Apr. 18, 1996, at J1I (Attachment 44).
(11)
In 1989, NRDC obtained, through FOIA, testimony, previously
suppressed by the first Bush administration, by federal experts who
opposed oil drilling off the coasts of California and Florida. See Larry
Liebert, "Oil Testimony Reportedly Quashed: Environmentalists say
Federal Experts Pressured by Bush," Orange County Register, Oct. 5,
1989, at A6 (Attachment 45).
(12)
In 1988, NRDC obtained, through FOIA, a report by the U.S. Fish and
Wildlife Service that declared that the go'vernment's review of offshore oil
drilling in Northern California was incomplete and overly optimistic.
Reagan administration officials had tried to keep the report secret and then
repudiated it upon its release. See Eric Lichtblau. "Federal Report Blasts
Offshore Oil Studies," LA. Times, June 4, 1988, at A32 (Attachment 46).
(13)
In 1982, NRDC obtained, through a FOIA request, an EPA memorandum
stating that most air pollution monitors have repeatedly underestimated
levels of toxic lead in the air. NRDC used the memorandum to inform the
public about the consequences of EPA's proposal to relax restrictions on
lead in gasoline. See Sandra Sugawara. "Lead in Air is U~ndermeasured,
EPA Section Chief's Memo Says," Watshingron Post, July I11, 1982, at A6
(Attachment-47). 3
As these examples demonstrate, NRDC has a proven ability to digest and quickly
disseminate information gleaned from FOLA requests to a broad audience of interested
persons. Therefore, the requested records disclosure is likely to contribute to the public's
understanding of the subject.
4.
Significance of the eontribuuionto public understanding
The records requested shed light on a matter of considerable public interest and
concern: NRC's actions, contacts and assessments have received considerable attention.
Some examples of recent and relevant media coverage include a February=4, 2012 story
3 Informnation
NR•DC obtainedthrough FOIA requests resulted in the following articles,
in addition to those referenced above: Felicity Barringer, "Science Panel Issues Report on
Exposure to Pollutant," New York Times, Jan. 11, 2005. (Attachment 48); Katharine Q.
Seelye, "Draft of Air Rule is Said to Exempt Many Old Plants.." New York Times, Aug.
22, 2003 (Attachment 49); Don Van Natta, Jr.., "E-Mail Suggests Energy Official
Encouraged Lobbyist on Policy," New York Times, Apr. 27, 2002 (Attachment 50).
7
T
in the Wall Street Journal, Worn Pipes Shut CaliforniaReactors, found online at
http://online.wsi.com/article/SB 100201424052970204166o2204577201343461 828720.htmnl;
and April 10, 2012 Energy News Today article, Problems at San Onofre nuclearpower
plantfuel pwnp concerns, found online at
http://latestenergynews.bloespot.comI2-012l04lp roblems-at-san-ono fre-nuclearnower.html; and a significant coverage from the Associated Press over the winter and
spring, compiled in one link at httto:llwww.huffinntonpost.comlnewsisan-onofre-nuclearpower-plant. Public understanding of NRC's actions and potential options for addressing
the San Onofre situation would be significantly en"hanced by disclosure of the requested
records. Disclosure would help the public to more effectively evaluate the ongoing safety
review.
B.
NRDC Satisfies the Second Fee Waiver Requirement
Disclosure in this case wvould also satisfy the second prerequisite of a fee waiver
request because NRDC does not have any commercial interest that would be fuirthered by
the requested disclosure. 5 U.S.C. § 552(a)(4)(A)(iii); 10 C.F.R. § 9.41i (d)(3). NRDC is
a not-for-prolit organization. "Congress amended FOIA to ensure that it be 'liberally
construed in favor of waivers for noncommercial requesters,'" Judicial Watch, inc. v.
Rossorti, 326 F.3d 1309, 1312 ('D.C. Cir. 2003) (internal citation omitted); see Natural
Res. Def. Council v. United States Envtt. Prof. Agency, 581 F. Supp. 2d 491,4-98
(S.D.N.Y. 2008). NRDC wishes to serve the public by reviewing, analyzing and
disclosing newsworthy and presently non-public information about Japanese nuclear
disaster. As noted at Part ILA, any work done by NRC on the San Onofre situation
relates to a matter of considerable public interest and concern. Disclosure of the
requested records will contribute significantly to public understanding of the San Onofre
situation, associated threats to human health and the environment, and associated
domestic regulatory options,
C.
NRDC is a Media Requester
Even if NRC denies a public interest waiver of all costs and fees, NRDC is a
representative of the news media entitled to a reduction of fees under FOlA, 5 U.S.C. §
552(a)(4)(A)(ii), and NRC's FOIA regulations, 10 C.F.R. § 9.39(a);' see also 10 C.F.R. §
9.13 (defining "[r]cpre~sentative of the news media"). See Elec. Privacy Info. Ctr. v,
United States Dep't of Def, 241 F. Supp. 2d 5, 6, 11-15 (D.D.C. 2003) (a 'non-profit
public interest organization" qualifies as a representative of the news media under FOIA
where it publishes books and newsletters on issues of current interest to the public);
Letter from Alexander C. Morris, FOLA Officer, United States Dep't of Energy, to Joshua
Berman, NRDC (Oct. 8, 2009) (Attachment 51) (granting NRDC media requester status).
As described earlier in this request, NRDC publishes a quarterly magazine, OnEarth,
which has approximately 150,000 subscribers and is available at newsstands and
bookstores; publishes a regular newsletter for its more than one million members and
online activists; issues other electronic newsletters, action alerts, public reports and
analyses; and maintains free online libraries of these publications. These publications
routinely include information about current events of interest to the readership and the
8
public. NRDC staff members are also regular contributors to numerous periodicals and
books; television, radio, and web programs; and hearings and conferences. Finally, as
described above, NRDC maintains a significant additional communications presence on
the internet through staff blogs and secondary coverage of NRDC communications on
websites not affiliated with NRDC. See OPEN Government Act of 2007, Pub. L. No.
110-175, § 3, 121 Stat. 2524 (2007) (codified at 5 U.S.C. § 552(a)(4)(A)(ii)) (clarifying
that "as methods of news delivery evolve.., such alternative media shall be considered
to be news-media entities"). As previously noted, information obtained as a result of this
request will, if appropriately newsworthy, be disseminated through one or more of
NRDC's publications or other suitable media channels.
IlL
Willingness to Pay Fees Under Protest
Please provide the records requested above irrespective of the status and outcome
of your evaluation of NRDC's fee category assertion and fee waiver request. In order to
prevent delay in NRC's provision of the requested records, NRDC states that it will, if
necessary and under protest, pay fees in accordance with NRC's FOJA regulations at 10
C.F.R. § 9.33 for all or a portion of the requested records. Please consult with NRLDC,
however, before undertaking any action that would cause the fee to exceed $100.00.
Such payment will not constitute any waiver of NRDC's right to seek administrative or
judicial review of any denial of its fee waiver request and/or rejection of its fee category
assertion.
IV.
Conclusion
We trust that, in responding to this request, NRC will comply with all relevant
deadlines and other obligations set forth in FOJA and NRC's FOIA regulations. See, e.g.,
5 U.S.C. § 552(a)(6); 10 C.F.R. § 9.25.
Please produce the records above by emailing or mailing them to me at the NRDC
office address listed below. Please produce theni on a rollirng basis; at no point should
NRC's search for--or deliberations concerning-c--er'tain records delay the production of
others that NRC has already retrieved and electedrto produce. In the event that NRC
concludes that some of the recordsrequested above may already be' publicly available, we
will.be happy to discuss those conclusions. Please do not hesitate to call or email with
questions.
9I
Thank you for your prompt attention to this request.
Sincerely,
-Geoffrey
Ii. Fe~tus
Xttomey
Senior Project
Natural Resources Defense Council
1.152 15th St. NW, Suite 300
Washington, DC120005
202-289 2371
Enclosures (sent via Federal Express on DVD):
Attachments I through 51
10
• =
FOlA Resource
From-"
Sent:
To:,
Cc:
Subject:
Attachments:
McLaughlin, Jonathan fjmctaughlin@nrdc~org]
Friday, April 20, 2012 4:34 PM
FOJA Resource
Nuclear
FOIA Request for Records Regarding Information on Steam Generator Tubes for the San
Onofre Nuclear Generating Station Units 2 and 3
FOIA San Onofre 04202012.pdf
Dear FOIA Officer,
Attached is~a FOIA Request from the Natural Resources Defense Council for Records Regarding Information on Steam
Generator Tubes for the San Onofre Nuclear Generating Station Units 2 and 3. A hard copy, along with a disc of
attachments supporting our request for a fee waiver, has been sent via FedEx and should be arriving on Monday to~the
attention of the FOtA/Privacy officer at the following address:
U.S. Nuclear Regulatory Commission
Malistop: T-5 F09
Washington, DC 20555-0001
FOlA.resource @nrc.eov
Thank you.
Best regards,
Jonathan McLaughlin
Program Assistant, Nuclear Program/lnternational Program
Natural Resources Defense Council (NROC)
1152 15th Street NW, Suite 300
Washington, DC 20005
SPhone: (202) 289-2385
Fax:, (202) 289--1060
Email: imclaualhtin(•.nrdc~or9
htto:!/switchboard~nrdc~oratbloasfrnnctau~hlind
We've moved as of July 5, 2011L: Please note new address.
MFITSUBISHI HEAW INDUSTRIESS
LTD.
AFFIDAVIT
I, Jinicni MiyaguchiJ, state as follows:
1. I am Director, Nuclear Plant Component Designing Departent, of Mitsubishi Heavy
Industries, Ltd. ("MHr), and have been delegated the functon of reviewing the
referenced MI-I technical documentation to dete.rmine whether it contains information
that should be withheld from public disclosure pursuant to 10 CF.R. § .2.390 (a)(4) as
trade secrets and commercial or ilnancial information thamt is privileged or confidential.
2. In accordance with my responsibflities, I have determined that the following MHI
document and drawings contain MHI- proprietaiy information that should be w~ithheld
from public disclosure pursuant to 10 C.F.R § 2.390 (a)(4). The drawings in their entirety
are proprietary-arid those pages of the document containing proprietary inior-mation
have been bracketed with an open and closed bracket as shown here 'j l• /' and should
be withheld from public disclosure,
MI-l 'document and drawings
Document: L.5-04a.A0i21
Drawings: !_5-O4FUOO1 -006, L5-O4FU01 1-014, L5-04FU01 6-017, L5-04FU021-023,
L5-O4FU031 -034, L5-04FU041-044, L5-04FUOS51-054, L5-O4FUIOI1-108,
LS-O4FUI 11-119, LS-O4FU1 21-123, LS-O4FUl31-13S, L5-04FU141-1 42.
1_5-04 FU 151 -153, LS-O4FU211-205. L5-O4F'WIII1- "115,LS.O4 FXO01 -002,
L5-O4FXI111-113, L5-O4FX1 21-1 23, arnd L5-04FX131
3. The information identifed as proprietar.,y in the enclosed document has in the past.been1,
and will continue to be, held in confidence by MHl and its disclosure outside the
company is limi~ted to regulatory bodies, customers and potential custome=rs, and their
agents, suppliers, and licensees, and others with a legitimate need for the informaton.
and. is always subject, to suitable measures to protect it from unauthorized use or
disclosure.
4-.
The basis for holding the referenced information confidential is that it describes unique
design, manufa~cturing, experimental and inv-est~igative information developed by M•HI
and not used in the exact form by any of MH|'s competitors. This information wa•s
developed at signifcant cost to MHI-,
since it is the result of an intensive MHI effort.
Copq
5. The referenced information wras furrish"ed to the Nulrea-r Regulatory Commission
('NRC') in confidence and solely for th~e purpose of information to the NRC staff.
6. The refere.nced irnformation is not 'avaiable n purbiic sources and could not be gathered
readily ,from other publicly available information. Other than through the prnvisions in
pa-agr"aph 3 abov, MH!l knows of, no way the informrtion could be lawful'ly acquired by
o rganizatiors or inc~viduals outside of,,MIf.
7. Public disclosure of the referenced irnformaton wo..Ad assist competitors of MHil in their
design end manufacture of nuclear plant components wthout incurring the costs or risks
associated with the design and the manufacture of the subje-ct component. Therefore,
disclosure of the information contained in the referenced document would have the
following negative impacts on the competitive positon of MHi in the U.S, and workd
nuclear markets:
A.
Loss of competitiv e advantage due to th costs associated with development of
technologies retating to the component design, manufacture and examination.
Providing pui access to such informnation p~errnits comnpetitors to duplicate o
mimic the methodology without incurring the as'sociated costs.
B.
Loss of competitve ad.-a~ntage of MHrs ab•it
heavy components such as steam genesrators.
to supply replacement or new
( declare under penalty of perjury that the foregoing affidavit and the matters stated therein
are true and correct to the best of my knowledge, information and beliel.
Executed on this ....
day of
JCt
).
)V
2012.
Jinichi Miyaguchai .
Director- Nuclear Plant Comrponent• Designing Depailment
Mitsubishi Heavy Industries, LTD
Sworn to and subscribed
Before me this
o1"
..
I"V
"•.-_.da~
2012
195
JJ L. 92
Nota •-Public
My Commission
l.'rpires
___________
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Registered Number
Date
1 9 5
JUL. 19. 2012
NOTARIAL CERTIFICATE
This is to certify that
JI-ICHi MIYAGUCHI
his signature
Director-Nuclear Plant
MITSUBISHI HEAVY
Component Designing Deparment
has affixed
,
in my very
INDUSTRIES,
LTD
presence to the attached
document.-,
}JASAHIKO KUBOTA
Notary
44
Akashimachi, Chuo-Ku,
KObe, Japan
Kobe District Leghal. Affairs Bureau
Copq
III
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Werner, Greg
From:
Sent:
To:
Cc:
Subject:
Attachments:
Werner,
March 26, 2012 10:41 AM
Monday, Greg
Michael [email protected]; [email protected]
Murphy, Emmett; Werner, Greg
Importance:
High
Emmett's Request - Two Items Needed ASAP, Today
Questions 4.docx
information for Items/Q~uestions 10 and 11iby~thi'siafterco~n, For the remainder of his
to have please
would likecould
Emmett
see about having them completed by tomorrow morning.
items/questions,
we
Thanks,
Greg Werner
1
Questions from Emmett dated March 26, 2012
1.
How long are the tube to AVB wear indications for the tubes with free span
wear? Do these "extended" AVB wearscars tend to occur on both sides?
2.
For the leaking tube, how many of the tubelAVB intersections exhibit
these "extended" AVB wear scars? if not all, which AVB intersections?
indicate whether this behavior is typical for the other tubes with free span
indications.
3.,
Discuss how the response to question 2 is consistent with MHi's
preliminary conclusion that the Unit 3 AVBs are "inactive" with respect to
in-plane u-bend motion.
4.
Is there a time element involved; i.e., the AVBs become less "active" with
respect to in-plane motion as tube/AVB wear increases?
5.
Define "active" support for in-plane motion. Define "active" support' for
out-of-plane motion.
6.
Are the thermal-hydraulic conditions (including void fraction) in the u-bend
region, as indicated by recent ATHOS analyses by MHI, significantly
different from what was expected based on thermal-hydraulic-performed
during design (with IVHET code)?
7.
MHI states that flow causes out-of-plane tube bending (flowering) with
small gap (<0.1 mm). Was this anticipated during design, or is this a
newly discovered phenomenon? Ifnot anticipated, what was done
,differently to identify this phenomenon?
8.
MHI describes Unit 3 as having better dimensional control than Unit 2.
This includes a smaller variability of G value. Is this a problem in its own
right, or is a problem only because of "flowering" or some other
phenomena such as Void fraction?
9.
Provide plots illustrating the variability of the key parameters affecting
whether the AVB supports are active or inactive, for each of the Unit 2 and
3 SGs (e.g., G values, measured AVB/tube clearances).
10.
Provide portions of RSG bid specification dealing with design and
fabrication concepts from industry experience to correct life limiting
problems with existing SGs (see page 2 of SCE presentation to AlT dated
March 19, 2012, =Fabrication, Design and Installation Overview"').
11
Ill II
Proposed design
Provide portions of MHI RSG bid package detaiiing
improvements (see page 5 of SCE presentation to AlT"dated March 19,
2012, "Fabrication, Design and Installation Overview").
I
NRC Proprietary Documen~t Review Results
•t
..
i
t, ge Numers
tiNumber !Exemptions
•
4
Co fido¢:.
•
u
Competilivel
tonlidentia|l
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as It con'tains both •praplen
informat~on and-
the ,ames of keLypertonosi from MHIowhihis nottypclly ma'de availableto the
iutk byfMHL EeempllionS appies to pane 2,as t cntains the names of key
•
,,
• s S.7-sAI,6%.7gl-
pernonntei from NMtI, which in typically not made available to the public by MHI.
Ytih
ant•
Mre rontenisof each drawingz ae propretry. MHI affidavit ard redacted
04FU031-024, LS-
Q04FUI031-03,
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04FU041-024, L'S
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Page l of I
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Enclo•o•'o
A
'I
o,.t••uL.UNITED
,•,•..,•,•NUCLEAR
,,•
STATES
REGULATORY COMMISSION
WASHINGTON, D.C. 2fl5550001
June 21, 2012
Michael Stevens
Southern California Edison
P.O. Box 128 (D3C)
San Clemente, CA 92672
In Response Refer to;
FO IAIPA-201 2-0204
Dear Mr. Stevens:
As discussed with you earlier today, i am forwarding the enclosed appendix and documents to
your attention.
The records listed on the enclosed appendix were identified by the Nuclear Regulatory
Commission (NRC) staff as being subject to a pending Freedom of Information Act (FOIA)
request submitted to NRC. A copy of the records is enclosed.
Under the provisions of the FOIA, the NRC must determine what portions of the records, if any,
should be withheld from public disclosure because they contain confidential business
(proprietary) information. Therefore, we need information from you to assist us in determining
whether information in the record falls within Exemption (4) of the FOIA (5 U.S.C. 552(b) (4))
and 10 CFR 9.17(a) (4).
Please mark the enclosed copies of the records by bracketing [(] information your company
considers proprietary and return the copies to us along with a letter answering the following
questions in sufficient explanatory detail to permit the NRC to arrive at a determination.
1.
Was the inforrnation transmitted to and received by the NRC in
confidence? Please give details.
2.
To the best of your knowledge, is the information currently
available in public sources?
3.
Does your company customarily treat this information, or this type
of information, as confidential? Please explain why.
4.
Would public disclosure of this information be likely to cause substantial harm to
the competitive position of your company?. If so. how?
5.
Since this information was transmitted to the NRC. have any
events altered the proprietary character of the information? Itso,
please explain.
-2The FOIA and the Commission's regulations require that "any reasonably segregable portion of
a record shall be provided to any person requesting such record after deletion of the portions
which are exempt under this section." Upon NRC's determination, we will respond to the FOIA
request.
Please provide your responses to these questions to me no later; than 10 days from the date of
this letter. If you have any questions regarding this matter, please telephone Cornelia
Burkhalter at 301-415-5775, or e-mail to Comelia.Burkhalter~nrc.gov.
Sincerely,
Donna L. Sealing
FOINiPrvacy Act Officer
Office of Information Services
Enclosures:
1. Appendix
2. Records
p
-2The FOJA arnd the Commission's regulations require that uany reasonably segregable portion of
•a record shall be provided to any person requesting such record after deletion of the portions
which are exempt- under this section.? Upon NRC's determination, we will respond to the FOIA
request.
Please provide your responses to these questions to me no later than 10 day's from the date of
this letter. Ifyou have any questions regarding this matter, please telephone Cornelia
Burkhalter at 301-415-5775, or e-mail to Corneiia.Burkhalter~nrc.gov.
Sincerely,
Donna L Sealing
FOIA/Privacy Act Officer
Office of Information Services
Enclosures:
1. Appendix
2. Record
Distribution: FOSS, Linda Kilgore
To re~ceive a copy of this doc'ent. Ira,.ate_ i the bc "C"- Copy without eracsu~res 'E"
INAME.
Cornelia Burkhalter DLSealing
DATE
06/4/2.2012
c~-
wit enc~osures "1" No cp
______
06ttZ:,/12I
OFFICIAL RECORD COPY
I
rl
I
ii i H
•'==u•UNITED
0
~WASH
STATESCOMMISSION
NUCLEAR REGULATORY
VNGTON, D.C. 20555-0001
June 13, 2012
'÷o
In Response Refer to
FOIANPA-201 2-0204
Mark Morgan, Manager
Nuclear Licensing
Southern California Edison
14300 Mesa Road D3D
San Clemente, CA 92672
Dear Mr. Morgan,
Per my conversation with you June 13, 2012, I am forwarding the enclosed appendixes and
documents to your att~ention.
The records listed on the enclosed appendixes were identified by the Nuclear Regulatory
Commission (NRC) staff as being subject to a pending Freedom of Information Act (FOIA)
request submitted to NRC. A copy of the records is enclosed.
Under the provisions of the FOJA, the NRC must determine what portions of the records, if any,
should be withheld from public disclosure because they contain confidential business
(proprietary) information. Therefore, we need information from you to assist us in determining
whether information in the record falls within Exemption (4) of the FOIA (5 U.S.C. 552(b) (4))
and 10 CFR 9.17(a) (4).
Please mark the enclosed copies of the records by bracketing [1] information your company
considers proprietary, and return the copies to us along with a letter answering the following
questions in sufficient explanatory detail, to permit the NRC to arrive at a determination.
1.
Was the information transmitted to and received by the NRC in
confidence? Please give details.
2.
To the best of your knowledge, is the information currently
available in public sources?
3.
Does your company customarily treat this information, or this type
of information, as confidential? Please explain why.
4.
Would public disclosure of this information be likelyto cause substantial harm to
the competitive position of your company? lf so, how?.
5.
Since this information was transmitted to the NRC, have any
events altered the proprietary character of the information? Ifso,
please, explain.
-2The FOIA and the Commission's regulations require that "any reasonably segregable portion of
a record shall be provided to any per-son requestng such record after deletion of the portons
which are exempt under this section." Upon NRC's determination, we will respond to the FOIA
request.
Please provide your responses to these questions to me no later than 10 days from the date of
this letter. if you have any questions regarding this matter, please telephone Cornelia Bur'Khalter
at 301-415-6600, or e-mail to [email protected].
Sincerely,
Office of Information Services
Enclosures:
1. Appendixes
2. Records
I
I
-2The FOIA and the Commission's regulations require that "any reasonably segregable
portion of
a record shall be provided to any person requesting such record after deletion of the portions
wh•ich are exempt under this section." Upon NRC's determination, we will respond to the FOIA
request.
Please provide your responses to these questions to me no later than 10 days from the date of
this letter. If you have any questions regarding this matter, please telephone Cornelia Burkhalter
at 301-415-6600, or e-mail to [email protected].
Sincerely,
Donna L Sealing
FOIANPrivacy Act Officer
Office of Information Services
Enclosures:
1. Appendixes
2. Records
To •eiz~ive a copy of this documnant, irmhcate in,the box: "C = Copy without enctosures t1
DLSealing
•
Copy wit enciosur~s "N= No copy
"'-s,-
NAME
CBurkhalter
DATE
'061Vi 12 "_____________________
OFFICIAL RECORD COPY
I
nllll
I
i
i
i
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:•,
....
•NUCLEAR
UNITED .STATES
REGULATORY'
COMMISSION
April 25, 2012
FOIAIPA-201 2-00204
Geoffrey H. FettusNatural Resources Defense Council, Inc.
115
t215"= St. NW, Suite 300
Washington, DC 20005
Dear Requester:.
We received your Freedom of Information Act/Privacy.Act (FOINPA) request on April 23, 2012.
Your request has been assigned the following reference number that you should use in any
future communications with us about your request: FOIAJPA-2012-00204
To ensure the most equitable treatment possible of all requesters, the NRC processes requestsl
on a first-in, first-out basis, using a multiple track system based upon the estimated time it will
take to process the request. Based on your description of the records you are seeking, we
estimate completion of your request will take more than 20 working days. Wewill advise you of
any change in the estimated time to complete your request.
Due to the unexpected events in Japan, the NRC is experiencing a larger than normal volume of.
FOIA requests including some'that have qualified for expedited processing and have therefore
been placed at the front of the queue. We are doing our best to process all requests, in a timely
manner but our response times are being affected. We appreciate your understanding.
For purposes of assessing fees in accordance with our regulations (10 CFR 9.33), we have
placed your request in the following category: News Media Representative. If applicable, you
will be charged appropriate feesrforn Duplication only.
A sheet has been enclosed that explains in detail the fee charges that may be applicable.
Please do not submit any payment unless we notify you to do so.
You requested that fees be waived for your request and I have determined that your request for
a fee waiver does not provide sufficient information under 10 CFR 9.41 for the NRC to make a
determination to Waive fees. A copy of the factors which must be addressed is enclosed.
The following person is the FOJA/PA Specialist who has been assigned responsibility for your
request: Cornelia Burkhalter at 301-415-6600.
-2If
you
have
questions
on
any
maiters
concerning
your FOINtPA request please feet free to
contact the assigned FOlA/PA Specialist
or me at (301) 415-7169.
Sincerely,
Office of. Information Services
Enclosures:
Incoming Request
Explanation of Fees
Fee Wai'er Justification Requirements
Fee Waiver Denial Notice
-
II I I
I
I
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I
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II
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i
i
EXPLANA&TION OF FEES
,Requuster Fee Catalories
Commercial: Fees are charged for do•nn search= duotico and revew, when rocords are requested for
commercial purposes. Fees (above the minimumi fee charge) cannot be.waived for rtds category of requester.
Educa"tional, Non-Commercial Sclentift¢, Nm' Media end Privacy Acte Fees may be charged only for document
uoctinwtin records are not sought for commrcineal u~s and the request i made by. an Educational or NonComrnercial Scientif•c Instiution, whose purpose is schota•tyor scintifr.rese.rch; or a =Re~r~esettv of the News
Media; ora person requesting htsqher own rcorda tht are i a Privacy Act systen of records. No fee is charged for the
flirt one hundred pages of
tulalctio• for thi •,egory of,nequstar:
Non-E.xcept~ed For any requet not decio above (N~on-Lzceptud), fees may be charged for d!ocumrne jgt•
dutnro. No fee is cha'ge for the first two hours of searchJ tie or for •the fist one hundred pages of duplic.tion far this
category of requester,
F~ee Schedule.s
Fee schedules provide only•for the recovory o•the direct cot of casr:M, duplla!~cn. or review. Revtw costs incld only
Ihe costs for initia exa~nkiaton of a docuemnec to deteuitie whether it must, be disclosed and to determine whether to
wthhold potin that are uxernp from disclosure. The fee sch•edue Is as ,follws
Search & Review
Conducted ,By
* SESICOMVdSSIONER
* PROFESSIONAL.
* CLERICAL
Rate
S•O.S3•hour
{ES~aiurm)
.5553&hour
$S5A&6hout
Orrollcatlon C~hemo
(GG-13. StepS
(tCGG-7. Step 7)
52 pe page•
Fees for non-siamird searc or Opidalion -i be charge at the actual cost (e~g. prev~ith
conducting computer searchs).
copying of audiO tapes or
Minimum Fee:, No fee wil• be cherged unls the tee is equal.to or grete~r th~an $25.00.
When to pay Fees
Ifwe estirate tet fees wif not exceed 525.00 or you have staed in your request a highe: amount that you are willing to
pay, we assume your willingness to pay up to $25 or the amount stipu-ated and you vn be b-lld aft•er we have compl-eted
your ren uciL
If we estinrarte that fes will exzced $25.OO or any armount W.i•thas been stated by you In your request, we will not proceed
with your request unti we have notif•ld you arnd obtaned your agreement, to pay the estknated fees.
if we estnate tees will exceed $250. you
with your requet•..
wil be required topsy the estnae fees in adv•ance
If, wtale process•ng your re~quetst, we fin that the acua fee exee the es
your consent to pay the addlnal fee bere co
before we proceed further
ated f,
w,; wit obtain
tnlmg
to process your request. Ifthe actual fees to prcs your
request 8re less than any adv-ance paymert you have m"-,,de. you-wll be refJvied the overpa•yment amount.
Fee Waivers
A wai~ver or redut.iton of fees may be grnte0 for furnishing do•net Ia requester, by fully addresin the eight factors
in 10 CFR 9.41. clealy demontae tha•tfdiscosure of the Informatio is in the pubilc interest because litIslel to
contribute signilianlliy to pubk unesadn of th-e operains or ztiv'.irs of the govnernmt and: is not p.,tnrarity in th~e
corrmneRrcia nterest of the reuetrs
SECTION 9.41- REQUESTS FOR WAIVER OR REDUCTION OF FEES
(a)
FOIA Fee Waiver
subrnll a request in writig for awaheJvr or reducion of Iee To assur th ther w• be no dela in the processin of Freedom of
Irnforrnaton Act requests. the request for a w-aier or red-ctio of fees should be inf
.einithe irfsiol Freedom of Information Act
request letter.
(2)
Eacht reque.st for a wa=hver or reduction of fees mu..st be aeddessed to th Frdo
privacy Ac (FOIAIPA) Offl,,car, U.S. Nu ear Regulatory Comison, Washington; DC 20555.
(ti)
of Informton.c and
A person requesting the NRC to waive or redJce searchu,review. or duplic.ation fee shall
(1)
Describe the purpoes for which the requester irtod to use the requested information;
(2)
Ex'.,bn th,"e extent to wnc me requeste; will exract and anal/ze the substanie content of thte agnc record;
(3)
Desc•-•b the nat'ure of the speclt•¢ acr•viy or resr.earch t• it-h th~eagencyt records ,t be used and the specific
qualiicatin th requester posses•.ses to utlz i*n-malion for the k•-ended use in such a way that k¢wtflcontibuteto
pubLc drerstan ding;
(4)
Describe the l•ely Wnpact on the pulc's unders-tandig of the subject as compared to the level of
understandi'ng of th suIject e~xisti pno t disclosure:
(5)
Desctibe the siz and nlure of th~e
public to wirose understanding a con-tribution will be made;
(6)3
Descr•be the intendd moa'-s of d'smnati'o~n to the general putkc
(7)
Indica.e if public aces to info,"maton wil be proviced free of dtarge or prove for an aces fee or
publicat-n fee: and
(6}
Descrbe any co-m'nrcial or private mteres th•erequester orany other party h1s in the agency records sought.
The NRC wi waive or reduce ,ee, witout further specllc infor-ation from the requete i, *o inforatin prov•.e
wit the request for agenc•y recoords, it can deerrrune that-d~ctosure of t",e k'Knfraut in the agency records I; in the public interest
because it is t•ety to contribute s~jniflca~ntty to public understadin of the operatons or ac,,ities of th'e Govenxtent anid is not
primaity• Irathe commercial interest of the reqtuester.
(c)
{d)
factors:
In making a determination1 •regdng a request for a wa~iver or reduction eifee, the NRC shat conside the foL~ing
(1)
How the subj•et of Ira. requested agency records ooces the operatfions or ac:tivtes of the Government;
(2)
How the disisueo0the informatio asWer to contraute to an understandi~ng of Government operations or
activites:
(3)
if d~isclosure of the requested inomat-n
(4)
If di.slJosuwee• •tio
l
contrlbut~e significantly to p}ublic understandrng of Governiaenit operatins or ect-vries:
n is i~ei t.o contrbute to p-ubliwc
understa,.nding;
(5)
If, and the etent to which, the reuetr has a cornrnercra intere• that would be furthered by the disclosure of
the requested agency reos; and
(6)
IIthe magnitude of the idert.'ed conirnerda k*r~rest of the requeste is suf'.inlt lar, in conaio wh the
public interest in discosre, tha discio•ur i pr
imai •-th comrmercial interest of the request•er.
(a)
Witin 10 workin day's after roceipt of a reus for acoess to agency re•ords fo w•
th NRC agee to wNai lee,
(f)
if the w
'riterquest
for wahe•'r or reducton of tee does not mewet the r
ne ns Of ti setin, the NRC wil infor
the requester that the request tar waiver or reduction of fees is being d=•erai. The requesler wi be informed ofthe right to appeal a.
denial of a req:uest to waive or reduce-fees to the Secretry of tho Commission withi 30 days from the dat of te dental.
,o
•Respo nses to Fee Waiver for FOIAIPA-2012-0204
Factor (1): Describe the purpose for which the requester intends to use the requested
information.
You indicate you intend to use requested information in the public interest because it is likely to
contribute significantly to public understanding of the operations or activities of the government
and is not primarily in the commercial interest of the requester.= This factor has been met.
Factor (2): Explain the extent to which the requester will extract and analyze the
substantive content of the agency records.
The request as written does not fully explain how you will extract and analyze the substantive
content of the records you seek. You state the disclosure requested would be "likely to
contribute signifcantly to public understanding of the operations or activities of the government"
But this statement does not explain how you will be used to analyze and dissimilate to the
public. This factor has not been met.
Factor (3): Describe the nature of the specific activity or~research in which the
agency records will be used~andthe specific qualifications the requester
possesses to utilize information for the intended use in such a way that it will
contribute to the public understanding.
Your request as written does not address what qualifications you possess to utilize the
information you seek or how you plan to use that information to create a work product
that can be disseminated to the public. You do, however, state on numerous occasions
that your represent the news media. This factor has not been met.
Factor (4): Describe the likely impact on the public's understanding of the.
subject as compared to the level of public understanding of the subject before
disclosure,
The request as written does not address this factor. This factor has not been met.
Factor (5): Describe the size and nature of the public to who understands a
contribution will be made.
YOU state the region that would benefit from disclosure of requested records encompass the
location of the San Onofre units. The public does not currently possess comprehensive
information regarding the matter of the wear, leaks and pressure test failures in the steam
generator tubes for the San Onofre Nuclear Generating Station Units 2 and 3 and, as noted
above, this situation has global and domestic impacts. This factor has been met.
Factor (6): Describe the intended means of dissemination to the general public.
Your justification indicates NRC must presume that this disclosure is likely to contribute to public
understanding of its subject. in any event, however, NRDC's extensive communications
capabilities and proven, history of dissemination of information of public interest obtained-from
Factor (7): Indicate if public access
to information will be provided free
of charge or
provided for an access fee or publication
fee.
You state this information will available
through your website which is updated
a large number of viewers. You also
daily and attacks
mention your e-mail listings and press
releases and
quarterly newsletters. This factor
has been met.
Factor (8): Describe any commercial
or private interest the requester
or any other party
has in the agency, records sought.
You state on numerous occasions
there is no commercial or private
interest. This factor has
been met.
,From:
'Sent:
Cmave,.PaIU
Wednesday., Ity 02., 2012 1:8 PMa
.c:-
0m ,. P.t
Follow up Flag:
Ra.g• S+. s:
up
F
lollow
FRaggel
+To.:'
Burkhalter, Coma•
.Good Afternoon Cornelia,
NRR. has the. followingesldmates for this FOI.request.from Natra Resources Defensre. Council:+
Also,..Card "ThUiton• RES. should be added on thi request+
Thanks•
Pati Craver
.Programn:Management, PolicyDevelopment
end Analysis $tsft,
OfiTce of Nuclear ReactrRegulation
i(301) 4i,15.t1$
flatti;laerl~nrcnov
o
, ...
.
... . .
.. . .
.
.
Re:. FOIAIPA..2012-0204
APPENDIX D
RECORDS BEING :WWTHE ,L INTHEIR ENTIRETY
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APPENDIX A
RECORDS.TO SE REFERRED TO OThER OFFRCEIAGENCYJCOUPANV
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APPENDIX B
RECORDS BEiNG WITHHELD IN PART
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UNITED 8'rATES
NUCLEAR REGULATORY COMMISSION
WASI4NGTOW, DC 20MB
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Caofla• Bu•hlo FOIAIPA Sec~tio
•MFEMORANDUM TO:
FOLAIPA Csasrer•1,
FROM:
Ns~adua1I,RES FOIA Coordlintor
SUBDJECT:
FOIAJPA- 201240204
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