Gross deficiencies in the NSF review process

We need the NSB to recognize the gross deficiencies in the NSF review of
proposals. I claim to have discovered everything that is chastised in the
following biased review of the referenced proposal:

Proposal Number: 1132890
NSF Program: THERMAL TRANSPORT PROCESSES
Principal Investigator: Leyse, Robert H
Proposal Title: Proprietary Transformative Separations
Rating: Fair
REVIEW:
What is the intellectual merit of the proposed activity?
The most compelling portion of this proposal is that the PI has identified an anomalous
boiling heat transfer regime from microscale wire surfaces. Unfortunately, the PI has not
presented a convincing research plan that will lead to a fundamental understanding of
the heat transfer process he has identified. Countless anomalous regimes have been
identified in boiling heat transfer. While the PI believes that his discoveries are
transformative, this Reviewer fails to see it. Truly transformative research will seek to
explain the physical mechanisms driving the anomalous observations, and provide
technologists with the understanding that may lead to technological advances.
However, the PI fails to mention any of the various physical boiling phenomena at
different length and time scale which may influence the process. For example, the PI
claims his measurements are steady state. This completely ignores the time scales
associated with ebullition. The PI claims the dispersive mechanism is turbulence without
any evidence. It can just as easily be hypothesized that the dispersive mechanism is
microbubble growth and collapse that has been observed in highly subcooled systems.
It is unfortunate that the PI has expended so much effort to convince NSF to fund his
proposed research. If the PI is convinced that his discoveries are transformative and
can lead to revolutionary new technology, he should focus his efforts on developing that
technology. For whatever it is worth, this Reviewer believes that the heat transfer
behavior observed is confined to microscale wires, and attempts at scale-up would not
be fruitful.
What are the broader impacts of the proposed activity?
It is difficult to identify broader impact associated with the proposal.
Summary Statement
Past Reviewers have been too gentle in pointing out the weaknesses of the proposed
study. The PI should not be encouraged to resubmit a proposal covering the core topic.

Clearly, this NSF reviewer cannot accept the fact that extremely significant
discoveries can be produced outside of academia. Following I have copied
one of the several outstanding discoveries that are in Proposal 1132890.

I think this is sensational. The procedure is to pressurize the apparatus to
about 6000 psi, apply a substantial heat flux in one step, and maintain that
heat flux as pressure is smoothly reduced over about 20 seconds, turn off
power at about 200 psi. Note the gradual increase in temperature as
pressure is reduced, then the upward jump of over 200 Centigrade at
around 3700 psi, followed by a smooth increase of another 100 Centigrade
to the critical pressure, then a smooth decrease of nearly 200 Centigrade,
then a downward jump of about 150 centigrade to the critical temperature.
At that point the subcritical boiling begins and continues until the power is
turned off. At the lowest heat flux there is a smooth continuous plot over the
entire pressure range with no intervening steps. The four plots at increasing
heat fluxes are neatly nested.

Innovation Deep Research

Technology Innovation. (Up to 500 words)

Why is this deep research?     Leyse has pioneered  the field of microscale phase change heat transfer to water at ultra-high power density with fine platinum wires, 7.5 μm diameter, that are joule heated in pressurized deionized water.  Each wire functions simultaneously as a heat transfer element and as a resistance thermometer as originated by Nukiyama (1934). These experiments cover the pressure range from 200 to 4000 PSIA and the heat flux range from very low to 4000 W/cm² while bulk water temperature is maintained in the range of 20 ^oC.  These investigations cover two separate situations: Case (i) constant pressure and varying power, and Case (ii) constant power and varying pressure.  Limited explorations reveal a significant impact of dissolved nitrogen (saturated) at 1000 PSIA   9^th Int. Conf. on Boiling and Condensation Heat Transfer, Boulder, CO, April, 2015.

Leyse’s work is truly pioneering although this field has decades of publications. Following is a from my GOOGLE search, “ Liquid Sublayer Dryout model was first developed by Lee and Mudawar (1988) based on common basic mechanisms such as the dryout of a liquid sublayer between and a blanketing vapor in the DNB-type CHF prediction the heated wall.”

Recent publications still focus on Mudawar’s modelling of phase change (boiling) heat transfer in larger dimensions. As one example of  several, Developing a Mathematical Model for Nucleate Boiling Regime at High Heat Flux,  11 October 2019, focuses on models of the boiling boundary that are well beyond Leyse’s regime of microscale phase change heat transfer.  Here is one phrase from the cited reference, “... macrolayer thicknesses of 50 µm and 150 µm”.  There has been no research or modelling in the realm of Leyse’s discoveries in the microscale arena.

Leyse proposes to expand his studies to cover a set of increasing microscale platinum wire diameters.  He has already reported extensive work with 7.5 µm elements and limited work with 12.5 µm elements.  The set of increasing diameters would range from 15 µm to 300 µm and this would thus include the dimensions of the Mudawar range.

Apparatus is visualized for determining the circulation patterns.  It will be assembled by watchmakers.  The assembly will consist of several platinum elements.  One element will be the heat transfer element while others will be resistance thermometers.  A series of runs will have the heat transfer source rotated among the elements.  Circulation patterns will be inferred via data analysis.   

Microscale process intensification may be explored.  At the very high heat fluxes there is intense turbulence in the vicinity of the microscale heat transfer element. A dilute solution of boric acid will decompose within the high temperature field to yield insoluble boric oxide. Some of the boron oxide will deposit on the hot element. There will be partial separation of isotopes, and the mix of deposited boron will be different than nature's blend.  Magnified viewing will explore the process and will yield significant discoveries even if isotope separation is not effected.

2. The Technical Objectives and Challenges. (Up to 500 words)

Leyse proposes to expand his studies to cover a set of increasing microscale platinum wire diameters.  He has already reported extensive work with 7.5 µm elements and limited work with 12.5 µm elements.  The set of increasing diameters will include 15, 30, 60, 120 and 300 μm.  Current research is focused well above the microscale range; this new data set will bridge the gap and yield data that will yield new discoveries as well as inspire modelling of microscale phase change heat transfer.  This in turn will inspire applications well beyond the current popular liquid sublayer dryout modeling.

Leyse’s work has been effective with millisecond recording.  With faster recording, particularly in runs near at the critical pressure, further insights will likely appear. That is the nature of research and development.  Another area for improvement is the maintaining of constant heat flux during runs at constant power and reducing pressure from 150 atmospheres to ambient pressure.

Leyse’s discoveries are in three areas of microscale heat transfer: runs at a series of constant pressures and increasing power, runs at a series of fixed powers and decreasing pressure, and a run at 1000 PSIA with dissolved nitrogen (saturated).  The runs at constant pressure, 200 to 6000 PSIA , have yielded data at heat fluxes up to 4000 watts per square centimeter (a record for pool boiling in water), a very informative transcritical run at 3000 PSIA, and other significant discoveries.  The runs a fixed powers and reducing pressure yielded a set of nested plots with interesting jumps and transitions.  The run with dissolved nitrogen led to Leyse US Patent 5,621,161.

The proposed runs at the set of increasing diameters will yield further discoveries.  Very importantly they will put an end to the domination of Mudavar’s liquid sublayer dryout modelling in boiling heat transfer.  This will open up the field of research and that will yield applications.

The broad area of Microscale Process Intensification is strongly attractive as research and development.  Harnessing the intense turbulence that accompanies the very high heat fluxes that are easily achieved is an interesting challenge.  Designing and constructing the apparatus for measuring the agitation will yield innovations; it is not inconceivable that there will be a market for this.  The classification of this turbulence via a set of microscale platinum sensors is new.  The proposal to investigate the thermal decomposition of boric acid and deposition on the platinum element is intriguing.  Even if isotope separation is not achieved, with the development of this process and the study of the decomposition with magnification is likely to yield discoveries that are beyond the range of anticipation; that is research and development!

3. The Market Opportunity. (Up to 250 words)                                                                      

This very definitely is a highly speculative set of activities with the potential for extremely high returns.  The internet is a vital tool in tracking the status of technology, identifying prospects and serving clients.  Leyse has demonstrated his effective use of the internet in Part 1 of this Project Pitch.

4. The Company and Team. (Up to 250 words)

INZ is currently a one man operation.  With the internet, a clever operator has highly expanded capabilities.  For example, California Fine Wire Company is an independent and vital resource.

email exchange with earlier Lienhard MIT

Subject:               Boiling on small wires

Date:     7/7/2020 8:11:52 AM Mountain Standard Time

From:    JHLienhard@Central.UH.EDU

To:          bobleyse@aol.com

Cc:          lienhard@mit.edu

Bob,

      This note did indeed find a circuitous route to the “earlier Lienhard.”   Thanks for taking the trouble to get it to me. 

       Your idea of suppressing the loss of nucleate boiling by pressurizing the system would be accurate.  What happens (as you know from Nanik Bakhru’s and my paper) is that the first bubble engulfs the wire.  That causes local burnout which then spreads into each neighboring bubble.   And no sustained nucleate boiling can endure. 

       Bubbles will be smaller at higher pressure, or, for that matter, at elevated gravity. So the matter of determining conditions at which nucleate boiling cannot occur becomes a matter of identifying, and putting to use, the correct scaling parameters.  The end of nucleate boiling will occur under different conditions, should you change the pressure (or gravity.) 

       In any case, it’s good to see someone looking into these matters.  Too many people ignore them.

               John (IV)

                

From: bobleyse@aol.com

To: GERVAISC@MIT.EDU
Sent: 7/6/2020 2:11:52 PM Mountain Standard Time
Subject: Please pass this on

Christine Gervais,

The following  likely relates to an earlier Lienhard, however, I would appreciate your drawing the following to the attention of the current J. H. Lienhard.  

 9th International Conference on Boiling and Condensation Heat Transfer 

MICROSCALE PHASE CHANGE HEAT TRANSFER TO WATER

Robert H. Leyse*

INZ Inc., P. O. Box 2850, Sun Valley, ID 83353

April 26-30, 2015 – Boulder, Colorado

bobleyse@aol.com

Bakhru and Lienhard4, 1972, asserted in their publication, BOILING FROM SMALL CYLINDERS, that, “Nucleate boiling does not occur on the small wires” and “Three modes of heat removal are identified for the monotonic curve and described analytically: a natural convection mode, a mixed film boiling and natural convection mode, and a pure film boiling mode.” However, although those wires are three to ten times the diameter of the 7.5 micron platinum wires of this work; this work clearly revealed nucleate boiling from the small wires. Balhru and Lienhard only performed experiments at low pressures; it would be a relatively easy experiment to deploy those wires at higher pressures in order to reveal a transition to nucleate boiling.

Bakhru, N. and Lienhard, J. H., Boiling from small cylinders, Int. J. Heat and Mass Transfer, vol. 15, pp. 2011-2025, 1972

Robert H. Leyse

Sun Valley, Idaho

INPO must release docs that are referenced in NRC licensing

Sent around March, 2020.

Leyse
P. O. Box 2850
Sun Valley, Idaho 83353

Robert F. Willard, CEO
Institute of Nuclear Power Operations
700 Galleria Parkway, SE, Suite 100
Atlanta, GA 30339-5943GalAAAAASleria Parkway, SE, Suite 100 700 Galleria Parkway, SE, Suite 100

Dear Robert F. Willard,

INPO should quietly shape up and release all of the INPO documents that are referenced in
https://www.nrc.gov/docs/ML0815/ML081560316.pdf (NEDO-33262, Rev. 2). An informed
public enhances surveillance. Also release INPO Significant Event Report, SER 76-84.
40 years ago we had an unfortunate start for INPO; GOOGLE Lightning,NSAC and INPO.
Also GOOGLE: Lightning: INPO's Early Stumble; a Staggering Start.

Robert H. Leyse

Jack Welch and Fukushima

Jack Welch bestowed lavish and public praise on those managers in nuclear power who produced the bottom-line dollars that he admired.  Missing from the WSJ coverage of Jack is any reference to Fukushima.

Jan K. Leyse

Jan K. Leyse

Jan Leyse, 90, died on January 22, following brief and loving care at St. Luke’s Medical Center in Ketchum. A memorial service is planned at the entrance lobby of the St. Luke’s hospital on Tuesday, February 11 at 4:00 PM. St. Luke’s will serve refreshments.

Since moving to Sun Valley, with her husband, 22 years ago, Jan spent most of her days volunteering for her favorite causes. Jan was involved in the Community Library Home Tour, Sun Valley Summer Symphony, and served on the Sun Valley Ski Club Board for many years. Jan’s most recent service was with the St. Luke’s Wood River Volunteer Core Board. Jan started volunteering at the hospital in the year 2000 and soon after joined the Board of Directors. Jan held a board seat for 6 years. Her positions on the Board included Treasure, Historian, Co-Chair of the Autumn Gala, and President of the Board. Jan highly appreciated the cooperation of her associates.

If Jan was your friend, it was a relationship for life. She was an ethical, honest, and loyal, loving friend. She also had an amazing mathematical mind. Not only could she file your income taxes in record time, she ran a tight budget with a to-the-penny balance in the Board’s accounts. She loved being the Treasurer; it was her best forte and contribution to the organization. We were blessed to have her talent and continued dedication.

Prior to Sun Valley, Jan provided decades of service to several organizations, including the American Association of University Women, of which she was President of the Saratoga, California branch. She also volunteered at the John Muir Memorial Hospital.

Jan was a graduate of the University of Colorado Boulder where she took first place in Women’s Athletic Association archery and skied at every opportunity. On a personal level, Jan was a compassionate listener and knew just what to say to help you realize there are two sides to every story, look at your part in it, and come up with the best outcome for everyone involved. In the end she wanted everyone to be happy. And to her end, may she rest in peace and long live her best outcome in the legacy of her sons Scott and Mark.

FOIA Appeal NRC-2020-000097 Submitted

Subject: FOIA Appeal NRC-2020-000097 Submitted
Date: 12/26/2019 6:14:58 AM Mountain Standard Time
From: admin@foiaonline.gov
To: bobleyse@aol.com
Sent from the Internet (Details)

This message is to notify you of a new appeal submission to the FOIAonline application. Appeal information is as follows:

• Appeal Tracking Number: NRC-2020-000097
• Request Tracking Number: NRC-2020-000007
• Requester Name: Robert Leyse
• Date Submitted: 12/26/2019
• Appeal Status: Submitted
• Description: Appeal the administrative closure due to failure to pay fees associated with NRC-2020-000007

Subject: FOIA Appeal NRC-2020-000097 Modified
Date: 12/26/2019 7:21:12 AM Mountain Standard Time
From: admin@foiaonline.gov
To: bobleyse@aol.com

The FOIA appeal - NRC-2020-000097 description has been modified. Additional details for this item are as follows:

• Tracking Number: NRC-2020-000097
• Requester: Robert Leyse
• Submitted Date: 12/26/2019
• Description: Appeal the administrative closure due to failure to pay fees associated with NRC-2020-000007

Subject: NRC-2020-000097 Admin Close
Date: 12/26/2019 7:34:53 AM Mountain Standard Time
From: TINA.ENNIS@nrc.gov
To: bobleyse@aol.com

Dear Mr. Leyse,

Please find attached a copy of NRC’s final response to your FOIA appeal, NRC-2020-000097.

Thank you,

Tina Ennis

FOIA Analyst (QualX Contractor)

OCIO/GEMS/ISB

U.S. Nuclear Regulatory Commissi

UNITED STATES
NUCLEAR REGULATORY COMMISSION
WASHINGTON, D.C. 20555-0001
December 26, 2019
NRC-2020-000097
(NRC-2020-000007)
Mr. Robert Leyse
P.O. Box 2850
Sun Valley, ID 83353
Dear Mr. Leyse:
This in response to your letter dated December 18, 2019, in which you sought to appeal our November 5, 2019, administrative closure of your request for various AEOD and/or NSAC documents that were referenced in a December 13, 1984 letter.1
Our October 21, 2019 email notified you of an advanced payment of $1,089.45, as the NRC's FOIA regulations direct us to obtain an advance payment from a requester whenever the estimated fees exceed $250.00, before we continue with the processing of such a request. We also informed you that if we did not receive payment by November 4, 2019, we would administratively close our file on your request. You responded by justifying that you “should not be classified as ‘non-excepted because this is an investigation of corrupt practices between NRC and NSAC.” After sending you a copy of the Office of Management and Budget (OMB)’s government-wide Guidelines for FOIA Fees, and acknowledging your stated reason for submitting your request, that reason does not fall within any of the favored fee categories (i.e., representative of the news media, an educational institution, or non-commercial scientific institution) under the FOIA and the OMB guidelines.
Since we did not receive the payment of estimated fees associated with processing your request by the given deadline, your request was not perfected under the statute. The agency’s administrative closing of our file on your request is not an adverse determination from which you may appeal. See 10 CFR 9.29.
If you choose to re-submit your request, please keep in mind that the fee estimate associated with processing your request, as originally described, is expected to remain the same and you will be required to pay the estimated fee before your request will be processed. However, you may choose to narrow the scope of your request to reduce the cost.
Sincerely,
Stephanie Blaney /s/
Stephanie A. Blaney
FOIA Officer
Office of the Chief Information Officer
1 In your original request, you identified four documents, as well as all records reflecting the technical relationship between NSAC and AEOD. You then supplemented/clarified that you were interested in obtaining copies of any AEOD documents that reflect upon its relationship with NSAC (even if not a document between the two entities).

NRC-2020-000097 closed

Subject: Final Disposition, Request NRC-2020-000097
Date: 12/26/2019 7:38:29 AM Mountain Standard Time
From: DoNotReply-NRCfoia@regulations.gov
To: bobleyse@aol.com

NRC-2020-000097 has been processed with the following final disposition: Closed for Other Reasons.

Leyse FOIA appeal UPS delivery to NRC

UPS package #1Z2Y292X1543895128

www.ups.com

1. Print
2. Feedback

Delivered: Mon, Dec 23, 10:37 AM

This is an FOIA request,  based on attached letter, Lang to Layman
10/5/2019 5:29:09 PM Mountain Standard Time
bobleyse@aol.com
foia@nrc.gov

This FOIA consists of a request for documents that are discussed in the attached letter, Layman December 13, 1984.  This letter documents a telephone conversation between Wayne Lanning of the NRC  and Gary Vine of EPRI's Nuclear Safety Analysis Center.  This telephone conversation was initiated by the NRC.

In paragraph 1. there is a reference to an AEOD memorandum dated February 28, 1984.  Under this  FOIA I am demanding a copy of that AEOD memorandum that is dated February 28,1984.

In paragraph 3, there is a reference to an AEOD evaluation.  I  want copy of that AEOD evaluation.

In paragraph 4.a. there is reference to a memorandum dated October 3, 1984, "UHI-Ultra High Risk" from which the author had been obscured.  I want a copy of that memorandum that has the obscured features.

In paragraph 4.c. there is reference to a joint AEOD/NRR response to Keppler.  I want a copy  of that response.

In paragraph 5. there is discussion of the valued technical relationship between NSAC and AEOD.  I want a copy of all of the records of that technical relationship.

Robert H. Leyse

December 6, 2019

Robert H. Leyse

P. O. Box 2850

Sun Valley, ID 83353

FOIA Officer

U. S. Nuclear Regulatory Commission

Mail Stop T-2 F-43

Washington, D. C. 20555-0001

FOIA Appeal

Enclosed are stapled or single page documents in the following order:

1.  FOIA REQUEST
2.  Latest FOIA – (including acknowledgement letter)
3. FOIA Request  10/13/2019
4. Fee Estimate
5.  November 5, 2019, Administrative Closeout
6.  December 2, 2019, response from OGIS

Document 1 is the straightforward FOIA.

Document 2 is the associated acknowledgement letter

Document 3 clarifies (expands) Document 1

Document 4 states Leyse should not be classified as “Non-Excepted”

Document 5 is the administrative closing of Document 1

Document 6 is a response to Leyse from OGIS.  On page 2 OGIS has five bullets with analytical factors.  Leyse insists that the disclosure of the illegal and undisclosed to Leyse or the public of  relationships between NSAC and the NRC, will identify the existence of identifiable and malicious operations and activities of the NRC, will contribute to public awareness of NRC operations that are not otherwise disclosed to Leyse or the public, will not further any commercial interests of Leyse, and the public interest in these disclosures will exceed Leyse’s interest when the disclosures are publicized.

Robert H. Leyse

Simpson and upper head injection system (UHI)

Facts for EPRI and NRC

Simpson and upper head injection system (UHI)

From page 199 of Simpson’s book, NUCLEAR POWER FROM UNDERSEAS TO OUTER SPACE 

“Where this couldn’t be done or wasn’t enough, we proposed an upper head injection system.”  Simpson bragged about “... many competent engineers who were becoming available, including Retallick from our NERVA program.”  Actually, Retallick was not that competent, but upper head injection was subsequently well defended by John Taylor who had moved from Westinghouse to a senior position at the Electric Power Research Institute.



UHI and dissolved nitrogen - the Chexal Technical Review Panel and several related documents. 



This communication provides additional documents that are relevant to the Chexal Technical Review Panel that is the focal point of my prior letter dated August 9, 2016.  For convenience it includes three of the documents that are in the August 9, 2016 communication.

Chexal’s email that set up the Technical Review Panel is repeated below.  I was never allowed to participate in that review and I have never seen the panel’s report.  I have asked EPRI to send me that report and it appears unlikely the EPRI will ever provide that.

My communication of August 9, 2016, includes a reference that predates the Chexal directive by almost 2 years, NUCLEONICS WEEK, January 10, 1991.  The two documents below predate the Chexal email by 20 years. Leyse to Gallagher, October 1972, asks if, “… the effects  

of nitrogen saturation and outgassing have been considered in any aspect of design or operation …”

“

Gallagher to Leyse, November 1972, responds, “… the effects of nitrogen saturation have not been considered.”



Three months following Gallagher’s memo, quantitative data was provided by Poulson and Cleary as follows:







So, it is with the above background, that I remain infuriated by the NRC report. AEOD/E504, Failures in the Upper Head Injection System, February 28, 1984.  I then wrote the following on October 3, 1984, that is featured in my letter to you that is dated August 9, 2016:







I provided a copy of the above to the NRC (Keppler) under the condition that it would not expose me as the author. I blacked out portions of the document that identified its source.  Nevertheless, NRC contacted my employer.  That is documented as follows:





However, it was the responses to Leyse, October 3, 1984, that led to the McGuire discovery of no measurement of water level and likely nitrogen-filled accumulators.  Lang refers to an NSAC review that “… concluded that malfunction of the upper head injection system would not place the plant in jeopardy ….”

Lang then reported, “Lanning said that AEOD’s evaluation is similar but that detailed thermal hydraulic analysis will be performed for confirmation.” 

NSAC never admitted that the water-filled accumulator at McGuire was likely filled with nitrogen instead of water and it is likely that AEOD also did not uncover that situation.  Thus the two “separate and independent” organizations were in agreement.

GE ESBWR references and access by US public

Subject: FOIA Appeal NRC-2020-000053 Submitted
Date: 11/25/2019 12:33:12 PM Mountain Standard Time
From: admin@foiaonline.gov
To: bobleyse@aol.com
Sent from the Internet (Details)

This message is to notify you of a new appeal submission to the FOIAonline application. Appeal information is as follows:

• Appeal Tracking Number: NRC-2020-000053
• Request Tracking Number: NRC-2019-000390
• Requester Name: Robert Leyse
• Date Submitted: 11/25/2019
• Appeal Status: Submitted
• Description: Appeal the denial of information of each of the listed INPO, NSAC, or NSAC/INPO records referenced in ESBWR Licensing Topical Report NEDO-33262 (Rev. 2), submitted by GE Hitachi Nuclear Energy, which may be found in ADAMS as ML081560316

Cover letter for FOIA APPEAL, Mailed today, EXPRESS MAIL

November 19, 2019

Robert H. Leyse                                                                                                  P. O. Box 2850                                                                                                Sun Valley, ID 83353

FOIA Officer                                                                                                       U. S. Nuclear Regulatory Commission                                                            Mail Stop T-2 F43                                                                                      Washington, D. C. 20555-0001

FOIA Appeal

Enclosed are stapled documents in the following order:

1.  FOIA REQUEST

2.  NRC FORM 464  2019-000390  dated 10/02/2019

3.  RE: NRC-2019-OOO390  dated 11/1/2019

4. NRC FORM 464  2019-000390 Rev  dated 11/01/2019

Document 1 requests that the public be granted access to references that are cited in a vital GE licensing report; the public need this access so that assorted outside experts may ascertain their accuracy, etc.

Document 2 is the NRC’s erroneous denial.

Document 3 describes the errors in the denial of Document 2.

Document 4 is a correction of Document 2.

Documents 2 and 4 each disclose that since INPO considers the reports to be confidential commercial information the NRC is denying public access to those documents.  That is a very erroneous denial.  Assorted public experts may prevent another Fukushima.  INPO, the NRC and GE are not infallible!



Robert H. Leyse

Also in preparation, page 1 is missing

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
✔
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
✔
✔
Stephanie A. Blaney FOIA Officer INPO reports ✔
Select Title/Office from drop-down list
Select Title/Office from drop-down list
Select Title/Office from drop-down list