ML17261A257

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FOIA/PA-2017-0410 - Resp 1 - Final
ML17261A257
Person / Time
Issue date: 09/13/2017
From: Stephanie Blaney
Information Services Branch
To: Ravnitzky M
- No Known Affiliation
Shared Package
ML17261A290 List:
References
FOIA/PA-2017-0410
Download: ML17261A257 (2)


Text

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NRC FORM 464 Part I U.S. NUCLEAR REGULATORY COMMISSION FOIA RESPONSE NUMBER

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RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST RESPONSE 2017-0410 11 1

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........ TYPE D INTERIM 0 FINAL REQUESTER: DATE:

!Michael Ravnitzky DESCRIPTION OF REQUESTED RECORDS:

11 09/13/2017 l

Copies of all letter correspondence at the Nuclear Regulatory Commission to or from the Government Accountability Office (GAO) during calendar year 2017 and with OEDO only PART I. - INFORMATION RELEASED You have the right to seek assistance from the NRC's FOIA Public Liaison. Contact information for the NRC's FOIA Public Liaison is available at htt(;!s://www.nrc.gov/reading-rm/foia/c:Ontact-foia. html D Agency records subject to the request are already available on the Public NRC Website, in Public ADAMS.or on microfiche in the NRC Public Document Room.

0 Agency records subject to the request are enclosed.

Records subject to the request that contain information originated by or of interest to another Federal agency have been D referred to that agency (see comments section) for a disclosure determination and direct response to you.

D We are continuing to process your request.

0 See Comments.

PART I.A - FEES NO FEES AMOUNT" D You will be billed by NRG for the amount listed.

D Minimum fee threshold not met.

II i D You will receive a refund for the amount listed.

0 Due to our delayed response, you will "See Comments for details D Fees waived. not be charged fees.

PART 1.8 - INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE D We did not locate any agency records responsive to your request. Note: Agencies may treat three discrete categories of law enforcement and national security records as not subject to the FOIA ("exclusions"). 5 U.S.C. 552(c). This is a standard notification given to all requesters; it should not be taken to mean that any excluded records do, or do not, exist.

0 We have withheld certain information pursuant to the FOIA exemptions described, and for the reasons stated, in Part II.

Because this is an interim response to your request, you may not appeal at this time. We will notify you of your right to D appeal any of the responses we have issued in response to your request when we issue our final determination.

You may appeal this final determination within 90 calendar days of the date of this response by sending a letter or e-mail to the FOIA Officer, at U.S. Nuclear Regulatory Commission, Washington, D.C. 20555-0001, or FOIA.Resource@nrc.gov. Please be

[{] sure to include on your letter or email that it is a "FOIA Appeal." You have the right to seek dispute resolution services from the NRC's Public Liaison, or the Office of Government Information Services (OGIS). Contact information for OGIS is available at l:illR§Jfogis.archives.gov/about-ogis/contact-information.htm PART l.C COMMENTS ( Use attached Comments continuation page if required)

Please note that, in processing the responsive records to your request, we had coordinated with GAO to receive guidance on how to generate records under their purvue. Since receipt of your request. some of the withheld records has since been completed and published. You can locate the completed reports on GAO's website at https://www.gao.gov/.

Sia nature - Freedoffi'of Information Act Offlcer~esi!mee l¥1nX I.. l1)f.-..Q I NRG Form 464 Part I (03-2017) ,'X~crcontl~n F'je*

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NRC FORM 464 Part II U.S. NUCLEAR REGULATORY COMMISSION FOIA I

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RESPONSE TO FREEDOM OF 2017-0410 I

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l INFORMATION ACT (FOIA) REQUEST DATE:

PART II.A -APPLICABLE EXEMPTIONS I SEP 1 3 2017 I Records subject to the request are being withheld in their entirety or in part under the FOIA exemplion(s) a~ indicated below (5 U.S.C. 552(b)).

D Exemption 1: The withheld information is properly classified pursuant to an Executive Order protecting national security information.

D Exemption 2: The withheld information relates solely to the internal personnel rules and practices of NRC.

D Exemption 3: The withheld information is specifically exempted from public disclosure by the statute indicated.

D 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).

D Section 147 of the Atomic Energy Act, which prohibits the disclosure of Unclassified Safeguards Information (42 U .S.C. 2167).

D 41 U.S.C. 4702(b), which prohibits the disclosure of contractor proposals, except when incorporated into the contract between the agency and the submitter of the proposal.

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

D 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).

D The information is considered to be another type or confidential business (proprietary) information.

D The information was submitted by a foreign source and received in confidence pursuant to 10 CFR 2.390(d)(2).

0 Exemption 5: The withheld information consists of interagency or intraagency records that are normally privileged in civil litigation.

0 Deliberative process privilege.

D Attorney work product privilege.

D 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 0 in a clearly unwarranted invasion of personal privacy.

D Exemption 7: The withheld information consists of records compiled for law enforcement purposes and is being withheld for the reason(s) indicated.

D (A) Disclosure could reasonably be expected to interfere with an open enforcement proceeding.

D (C) Disclosure could reasonably be expected to constitute an unwarranted invasion of personal privacy.

(DJ The information consists of names and other information the disclosure of which could reasonably be expected to reveal identities, of confidential D sources.

(E) Disclosure would reveal techniques and procedures for law enforcement investigaflons or prosecutions. or guidelines that could reasonably be D expected to risk circumvention of the law.

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

D Other I I PART 11.B- DENYING OFFICIALS In accordance with 10 CFR 9.25(g) and 9.25(h) of the U.S. Nuclear Regulatory Commission regulations, the offlcial(s) listed below have made the determination to withhold certain information responsive to your request APPELLATE OFRCIAL DENYING OFFICIAL TITLE/OFFICE RECORDS DENIED EDO SECY I Stephanie Blaney 11 FOIA Officer/OCIO 11 Deliberative process information, Pl! I [{_] D I I 11 I D D I

II I I D D Appeals must be made in writing within 90 calendar days of the date of this response by sending a letter or email to the FOIA Officer, at U.S. Nuclear Regulatory Commission, Washington, D.C. 20555-0001, or EOIA.Resource@nrc.gov. Please be sure to include on your letter or email that it is a "FOIA Appeal."

NRG Form 464 Part II (03-2017) Page 1of1