ML18302A340
| ML18302A340 | |
| Person / Time | |
|---|---|
| Issue date: | 10/29/2018 |
| From: | Stephanie Blaney NRC/OCIO |
| To: | Tarver J - No Known Affiliation |
| References | |
| FOIA, NRC-2019-000050 | |
| Download: ML18302A340 (2) | |
Text
NRC FORM 464 Part I U.S. NUCLEAR REGULATORY COMMISSION NRC RESPONSE NUMBER (04-2018)
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I 2019-000050 11 1
I 11 RESPONSE TO FREEDOM OF
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INFORMATION ACT (FOIA) REQUEST
RESPONSE
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.f>I D INTERIM FINAL lt*11t**
TYPE REQUESTER:
DATE:
!Julian Tarver.
11 10/29/2018 I
DESCRIPTION OF REQUESTED RECORDS:
IML16309A332 I
PART I. -- INFORMATION RELEASED
[Z] 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.
[Z] Agency records subject to the request are enclosed.
D Records subject to the request that contain information originated by or of interest to another Federal agency have been referred to that agency (See Part I.D -- Comments) for a disclosure determination and direct respons~ to you.
D
- We are continuing to process your request.
[Z] See Part I. D -- Comments.
PART I.A -- FEES D You will be billed by NRC for the amount indicated.
[Z]
Since the minimum fee threshold was not 11 AMOUNT 11 met, you will not be charged fees.
D You will receive a refund for the amount indicated.
D Due to our delayed response, you will not D Fees waived.
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.
D 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.
D 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 207 40-6001. For additional information about OGIS, please visit the OGIS website at https://www.archives.gov/ogis.
NRC FORM 464 Part I U.S. NUCLEAR REGULATORY COMMISSION NRC RESPONSE NUMBER (04-2018) 1 2019-ooooso 11 1
RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST RE~~~SE D INTERIM !./ I FINAL PART I.D -- COMMENTS The FOIA contains twelve subsections, the first two of which establish certain categories of information that must "automatically" be disclosed by federal agencies. Subsection (a)(1) of the FOIA requires disclosure through publication in the Federal Register of general agency information such as descriptions of agency organization, functions, rules of procedure; substantive agency rules; and statements of general agency policy. Subsection (a)(2) of the FOIA requires, in relevant part, that certain other types of records -- final agency opinions and orders rendered in the adjudication of cases, specific policy statements, certain administrative staff manuals and instructions to staff - be made available to the public in physical and electronic "reading rooms." Subsection (a)(3) of the FOIA provides that records not made available to the public under subsections (a)(1) or (a)(2) can be requested-by the public.
Because the record you requested *is a proposed rule, it is a record the agency is required to publish in the Federal Register under FOIA subsection (a)(1 ), which it has done. See https://www.federalregister.gov/documents/2017/04/13/2017-07502/
emergency-preparedness-for-small-modular-reactors-and-other-new-technologies.
1 As such, it is not a record that the agency needs to make available again in response to your FOIA request. As a courtesy, we are providing you with a hard copy of this particular record_. However, to the extent you have submitted other FOIA requests that remain pending, or submit additional requests in the future, seeking (a)(1) or (2) records that the NRC has made available to the public, we will administratively close our file.
Signature - Freedom of Information Act Officer or Designee
!Stephanie A. Blaney
~ Digitally signed by Stephanie A. Blaney
/-~Gate: 2018.10.29 08:20:36 -04'00'
//