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NRC FORM 464 Part I
(04-2018)
RESPONSE TO FREEDOM OF
INFORMATION ACT (FOIA) REQUEST
U.S. NUCLEAR REGULATORY COMMISSION NRC RESPONSE NUMBER
RESPONSE
TYPE INTERIM FINAL
PART I.D -- COMMENTS
Signature - Freedom of Information Act Officer or Designee
2019-000390 Rev 1
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As an initial matter, we note that you requested these same records many years ago; in response to that request, which
was designated FOIA/PA-2008-0322, our office withheld in their entirety the records that the NRC was able to locate under
FOIA exemption 4, and identified identified 13 records that the NRC was unable to locate.
Upon receipt of this request, we reached out to staff in the Office of Nuclear Reactor Regulation (NRR) to ascertain whether
the NRC now has copies of these 13 records. NRR staff informed our office that, under the Memorandum of Agreement with
the Institute of Nuclear Power Operations (INPO), the NRC is not provided access to INPO Nuclear Network OE reports;
nor does the NRC have access to the records originated by the Nuclear Safety Analysis Center, which is a part of the
Electric Power Research Institute (EPRI). (Although we originally misconstrued the reference to NSAC in your request as
pertaining to the Nuclear Science Advisory Committee, which also uses the same acronym, we now understand that you
meant the EPRI group. We note that we were unable to locate any of the specified reports, based upon only a report
number, on EPRI's website. You may wish to reach out to EPRI directly.) NRR staff informed us that they were unable to
locate an INPO Significant Event Report with the title "In Preparation - Inventory Drain Down." NRR staff also informed us
that, although they were not able to locate a joint NSAC/INPO report entitled Significant Event Report 56-81, "Loss of
Station and Reserve Auxiliary Power," they did locate an INPO Significant Event Report 56-81 with the same name. NRR
staff is unfamiliar with any publication called an INPO Nuclear Network WE entry or report and NRR staff reached out to
their point of contact at INPO who informed them that there is no such publication.
With respect to the INPO records that NRC does maintain, as required by our FOIA regulations, we reached out to INPO
representatives to ascertain their disclosure views. INPO confirmed that these reports are considered to be confidential
commercial information. Accordingly, they are being withheld in their entirety under FOIA exemption 4. See Part II.
Stephanie A. Blaney Digitally signed by Stephanie A. Blaney
Date: 2019.11.01 10:56:14 -04'00'
NRC FORM 464 Part II
(04-2018)
U.S. NUCLEAR REGULATORY COMMISSION
RESPONSE TO FREEDOM OF
INFORMATION ACT (FOIA) REQUEST
NRC Form 464 Part II (04-2018)
NRC
DATE:
PART II.A -- APPLICABLE EXEMPTIONS
Exemption 1: The withheld information is properly classified pursuant to an Executive Order protecting national security information.
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 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
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.
DENYING OFFICIAL TITLE/OFFICE RECORDS DENIED APPELLATE OFFICIAL
EDO SECY
Other:
2019-000390 Rev
11/01/2019
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Stephanie A. Blaney FOIA Officer INPO reports ✔
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