ML18092A653

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NRC-2018-000186 - Resp 1 - Final
ML18092A653
Person / Time
Issue date: 03/30/2018
From: Stephanie Blaney
Information Services Branch
To: Tarver J
- No Known Affiliation
Shared Package
ML18092A633 List:
References
FOIA, NRC-2018-000186
Download: ML18092A653 (9)


Text

NRC FORM 464 Part I U.S. NUCLEAR REGULATORY COMMISSION NRC RESPONSE NUMBER II (03-2018)

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\ RESPONSE TO FREEDOM OF I *2018-000186 1 I

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INFORMATION ACT (FOIA) REQUEST RESPONSE TYPE D INTERIM 0 FINAL REQUESTER: DATE:

!Julian Tarver 11 03/30/2018 I

DESCRIPTION OF REQUESTED RECORDS: '

SECY-11-0161 and COMS-12-002-GBJ (2/7/2012)

PART I. -- INFORMATION RELEASED D The NRC has made some, or all, of the requested records publicly available through one .or more of the following means:

(1) https://www.nrc.gov; (2) public ADAMS, https://www.nrc.gov/reading-rm/adams.html; (3) microfiche available in the NRC Public Document Room; or FOIA Online, https://foiaonline.regulations.gov/foia/action/public/home.

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 referred to D that agency (See Part I.D -- Comments) for a disclosure determination and direct response to you.

D We are continuing to process your request.

D See Part I. D -- Comments.

PART I.A -- FEES AMOUNT D You will be billed by NRC for the amount indicated.

0 Since the minimum fee threshoid was not met, you will not be charged fees.

D You will receive a refund for the amount indicated.

Due to our delayed .response, you will not 11 11 D Fees waived. D 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"). See 5 U.S.C. 552(c). This is a standard notification given to all requesters; it should not be taken to mean that any excluded records do, or do not, exist.

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

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

0 You may appeal this final determination within 90 calendar days of the date of this response. If you submit an appeal by mail, address it to the FOIA Officer, at U.S. Nuclear Regulatory Commission, Mail Stop T-2 F43, Washington, D.C. 20555-0001. You may submit an appeal by e-mail to FOIA.resource@nrc.gov. You may fax an appeal to (301) 415-5130. Or you may submit an appeal through FOIA Online, https://foiaonline.regulations.gov/foia/action/public/home. Please be sure to include on your submission that it is a "FOIA Appeal."

PART I.C -- REFERENCES AND POINTS OF CONTACT You have the right to seek assistance from the NRC's FOIA Public Liaison by submitting your inquiry at https://www.nrc.gov/reading-rm/

foia/contact-foia.html, or by calling the FOIA Public Liaison at (301) 415-1276.

If we have denied your request, you have the right to seek dispute resolution services from the NRC's Public Liaison or the Office of Government Information Services (OGIS). To seek dispute resolution services from OGIS, you may e-mail OGIS at ogis@nara.gov, send a fax to (202) 741-5789, or send a letter to: Office of Government Information Services, National Archives and Records Administration, 8601 Adelphi Road, College Park, MD 20740-6001. For additional information about OGIS, please visit the OGISwebsite at https://www.an;;hives.gov/ogis.

NRC FORM 464 Part I U.S. NUCLEAR REGULATORY COMMISSION NRC RESPONSE NUMBER (03-2018)

RESPONSE TO FREEDOM OF 1 2018-000186 1 11

"*****,ii; INFORMATION ACT (FOIA) REQUEST RESPONSE TYPE D INTERIM

'" I FINAL PART I.D -- COMMENTS Signature - Freedom of Information Act Officer or Designee

., Digitally signed by Stephanie A. Blaney Stephanie A. Blaney _ * ;'Date: 2018.03.30 12:33:09 -04'00'

NRC FORM 464 Part II U.S. NUCLEAR REGULATORY COMMISSION NRC (03-2017)

RESPONSE TO FREEDOM OF 1 2018-000186

..... INFORMATION ACT (FOIA) REQUEST 1

DATE:

03130,2018 PART II.A -- APPLICABLE EXEMPTIONS Records subject to the request are being withheld in their entirety or in part under the FOIA exemption(s) as indicated below (5 U.S.C. 552(b)).

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 NRG.

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.G. 2161-2165).

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

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

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

D indicated. .

D The information is considered to be another type of proprietary information.

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 1O GFR 2.390(d)(2).

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

[Z] 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 D 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. (G) 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 D sources.

(E) Disclosure would reveal techniques and procedures for law enforcement investigations 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 any individual.

D Other:

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 official(s) listed below have made the determination to withhold certain information responsive to your request.

AP PELLATE OFFICIAL DENYING OFFICIAL TITLE/OFFICE RECORDS DENIED EDO SECY Rochelle Bavol Executive Assistant to the Secretary portions of SEGY-11-0161 and COMS-12-002-GBJ D 0 ID D Select Title/Office from drop-down list I Ii 11 ID D Select Title/Office from drop-down list I 11 11 ID D Select Title/Office from drop-down list I I I NRG Form 464 Part II (03-2017)

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November 15, 2011 SECY-11-0161 FOR: The Commissioners FROM: Stephen G. Burns General Counsel

SUBJECT:

EXECUTIVE BRANCH REVIEW OF NRC LEGISLATIVE PROPOSALS PURPOSE:

To inform the Commission of the response of other Federal agencies to the NRC Legislative proposals for the 11ih Congress, and to obtain the Commission's review and approval of the legislative package containing those proposals prior to the transmission of the package to the Congress.

BACKGROUND AND

SUMMARY

By the July 15, 2011 SRM on SECY-11-0017 - LEGISLATIVE PROPOSALS FOR THE 112TH CONGRESS, the Office of the General Counsel (OGC) was directed to send the legislative proposals approved by the Commission to the Office of Management and Budget (0MB) for Executive Branch review. OGC was also directed to submit the complete legislative package to the Commission for its review and approval after OGC received OMB's response to the package and prior to transmission of the proposals to the Congress. The legislative package has been amended in light of comments received from other agencies.

(b)(5)

CONTACT: Susan Fonner, OGC 301-415-1629 81xFl&l:l:I:: W&E 8Hl::Y :laiFf8RHElf &l::PEHT !Ulx8RMAT18tl lolHIIfiP IQ ti AC I ltllofiCC JWfi CQDAIIIClilQtl PfiifiAHltlfiii QJWfiA'CSICfi

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To obtain Executive Branch Review, 0MB sends a copy of a draft bill that has been submitted to 0MB by a Federal agency, along with its accompanying Legislative Memorandum, to other Federal ::inencies 0MB considers to have an interest in a subject addressed bv the bill. l(bl(Sl (b)(S)

(b)(5)

DISCUSSION:

(b)(S) 9FFISIAL WSE 9NLY ATT9AHEY SLIEtlT PAI\CILEQE

OFFICIAL USE ONL"* ' ATTORNEY CLIENT PRIVlbEGE (b)(5)

OFFICIAL USE ONLY ATTORNEY CUENT PRIVILEGE

8FFISIAI: WSE 8Hk'f Aff8R~mv Sl:IEHT PRll}ll:ESE RECOMMENDATION:

COORDINATION:

l(b)(5)

/RA/

Stephen G. Bums General Counsel

Enclosures:

(b)(5)

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Note: 30 pages of the Enclosures are withheld in their entirety on the basis of exemption 5.

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SUBJECT:

SECY-11-0161-EXECUTIVE BRANCH REVIEW OF NRC L.,EGISLATIVE PROPOSALS In its SRM on SECY-11-0161 the Commission aooroved submission of a oackaae of leaislative proposals to Congress. j(b)(5)

(b)(5)

SECY, please track.

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