ML18302A345

NRC-2018-000455 - Resp 1 - Final, Agency Records Subject to the Request Are Enclosed

ML18302A345
Person / Time
Issue date:	02/18/2018
From:	NRC/OCIO
To:
References
FOIA, NRC-2018-000455
Download: ML18302A345 (46)

Text

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NRC FORM 484 Part I U.S. NUCLEAR REGULATORY COMMISSION I

FOIA RESPONSE NUMBER I

F¥.~')

. ll RESPONSE TO FREEDOM OF 2017-0294 11 I

-~

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

IJosh Voorhees DESCRIPTION OF REQUESTED RECORDS:

11 03/20/2017 I

Copy of each email sent on November 8-11, 2016, to or from the listed employees ofNRC, which contains the words "Trump," "Clinton," and listed obscene words 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 !JttQ.§*[fwww nr,,ga~/r!;!adiag-rm/fQil!lcdmtl!!.1-faia.blml 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.

• D 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 D See Comments.

PART I.A-FEES NO FEES AMOUITT'

,, D You will be billed by NRC for the amount listed.

0 Minimum fee threshold not met.

11 D You will receive a refund for the amount listed. D Due to our delayed response, you will

'See Cam:nonto lor details D Fees waived. not be charged fees.

PART 1.B - INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE 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.

D 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 lZJ 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 Qffice of Government Information Services (OGIS). Contact infonnation for OGIS is available at httos://ogis. archives gov/about-ogis/ggntli!ct-inforrnatioQ, b!m PART I.C COMMENTS ( Use attached Comments continuation page if required)

Slanatm.... Freedom of lnformllffllll 4 ,.,t ntficer or Deslgnee

\ ~d'r>//"11 Lt~ )

NRC Form 4t4 Part I (03-2017) ~aa~~iri"*':I* .-*,r.-,*.,1 .. ,.,~.,- ,1"'**.' !* .:./-~11'.~t. jJt~;~rWiii!f~ii{I Page 2 of2

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

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I (Ol-2017)

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RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST 2017-0308

RESPONSE

II I I

TYPE D INTERIM 0 FINAL REQUESTER: DATE:

!Alex Pasternack 11 0 1 4 20111 DESCRIPTION OF REQUESTED RECORDS:

Copy of all emails from the domain EOP.gov to senior managers encompassed within the required agency system for retaining emails of senior officials, January 20, 2017 to current 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 htt11s;/lwww.rirc.gov/readi[!g-nn/foia/QQ!!l@l;;t*foia b!ml 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.

D See Comments.

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

D Minimum fee threshold not met.

II $0.00 II D You will receive a refund for the amount listed. D Due to our delayed response, you will not be charged fees.

• see Comments for details 0 Fees waived.

PART I.B - 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 securtty records as not subject to the FOIA rexdusions"). 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.

[Z]

You may appeal this final determination within 90 calendar days of the date of this response FOIA Officer, at U.S. Nuclear Regulatory Commission, Washington, D.C. 20555-0001, or FOI.Resource@nrc,gov. Please be bl sending a letter or e-mail to the 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 al ht!J!s:llogis a~!]ives,govla!;!out-ogis/conls1!:11-informs1tion !:ttm PART I.C COMMENTS ( Use attached Comments continuation page If required)

Sl11nature - F.-dom of lnfonnltlon Act Officer or Deslan111 I P<r'~ 1""\}/)1 r o)H'/ ,

NRC Form -464 Part I f03-2017) I':*,**; ',:_~ ... -,.,~ I l:~D:*. i~~~~,~-~, -:I Page 2 of2

NRC FORM 464 Part II U.S. NUCLEAR REGULATORY COMMISSION NRC (04-2018) 1 2017-0308 RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST DATE:

1 0611412017 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)).

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

'D Exemption 2: The withheld Information relates solely lo the internal personnel rules and practices of NRG.

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

0 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).

0 41 U.S.C. 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.

The information is considered to be proprietary because it concerns a licensee's or applicant's physical protection or material control and D accounting program for special nuclear material pursuant to 10 CFR 2.390{d){1 ).

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

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

[Z] Deliberative process privilege.

D Attorney work product privilege.

D Allomey-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 constitule an unwarranted invasion of personal privacy.

(D) The information consists of names and other information the disclosure of which could reasonably be expected lo reveal ldenlilies 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 officlal(s) listed below have made the determination to withhold certain information responsive to your request.

APPELLATE OFFlCIAL DENYING OFACIAL TITLE/OFFICE RECORDS DENIED EOO SECY Rochelle Bavol I Executive Assistant to the Secretary I

Draft memo and PU I D 0

I 11 Executive Assistant to the Secretary I I D D I 11 Select Tille/Office from drop-down list I I D D I I Select Tille/Office from drop-down list I I D D NRC Form 464 Part II (04-2018)

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• Vietti-Cook. Annette From: Mccathran, William W. EOP/WHO ~ (b )(6) ~

Sent: Thursday, January 26, 2017 5:15 PM To: castleman, Patrid; Bullock. Katja EOP/WHO cc Kalbaugh, Dave E. EOP/WHO; DL*WHO-Exec Clerk; Vietti-Cook, Annette SubjKt: [ExtemaLSender) Delivery to the NRC Mr. Csstleman, Thank you. We'll have our messenger attempt to deliver again tomorrow morning. They will call the number you have provided.

WIUlam McCathran Assistant Executive Clerk The WhHe House Office Room2.EEOB Tel. ! (b)(6)

--original Message--*

From: Csstleman, Patrick [1]

r* ~thr?~cffljmam Sent: Thursday, January 26, 2017 5:09 ...

~ Er/WHO 4 P._M_ _ _ _!"":"'l':_ _ _ _- - - .

(b)(6) .

l

~; Bullock, Katja EOPJWHO l

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AW:~r;;

I:

• : ~ h ~am.I=, EOpJWHO! (b)(6) j Vietti-Cook, Annette <Annette.Vietti-COOk@nrc.goV>

DL-WHO-ExeoClerk~ (b)(6)

The Secretary's phone number ls 301*415-2599. Do you plan to send it by courier? If so, when? Thanks.

-Original Message--

From: McCathran. Wllllam W. EOP,WHO (mallt J (b)(6)

Sent: Thursday, January 26, 2017 5:03 PM .....__ _ _ _ _ _ _ _ _ __.

t* Castferoa(i)~m

• ,:..,.~d,:~ sPB~,-Castleman@nrc.goV>; Bullock, Kalja EOPM'HO (b)(6) * (;DL-wHO-ExecClelf<l (b)(6)

Could pfease provide a telephone number as well.

Thanks.

-Original Message--

From: Castleman, Patrick [maUto:Patrick.Castleman@nrc.gov]

Sent; Thursday, January 26, 2017 4:51E' ,,...M IIo* McCafb*(b)(~filliaro W FOj/lNHO ~ (b)(6) !Bullock, Katja EOP/WHO

! Cc* Kalba*(bn6ralfA F FOjJWHO ~ (b)(6) J; OL-WHO-Ex~ Clerk I (b)(6)

&lbject: RE: FW:

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Thank you, Mr. McCathran.

As for the delivery of the original, please send it to:

US Nuclear Regulatory Commission 11555 Rockville Pike Rockvllle, MD 20852 Attention: Office of the Secretary Patrick CasUeman

--Orrginal Message-- .--------------

From: McCalhran, WHliam W. EOP/WHO (maittoj (b)(6)

Sent: Thursday, January 26, ~17 4*35 PM -------------'

To: Bullock, Katja EOPNIHO ---;:=:::::(b::::)(:::6);=:==:!~_:Ca.:.s:.:U:ema=n, Patrick

<Patrick.Castleman@nro.goV>

c* I Dave E. EOPIWHO.

~L...

I (b)(6) l OL-WHO-Exec Clerk t I (b)(6)

(b)(6) "------

Per your request, the attached copy of lhe Svinlcki Chairman Order is provided for your Information.

William McCathran Assistant Executive Clerk The White House Office Room 2 eeca Ter.f (b)(6) 2

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• Vietti-Cook. Annette From: Castleman, Patrick Sent: Thursday, January 26, 2017 4:46 PM To: Vietti-Cook, Annette: Doane, Margaret Subject FW;FW; Attachments: 20170126155241162.pdf

---Original Message--* .--------------.

From: McCathran, William W. EOP/WHO (mailt~ (b)(6)

Sent: Thursday, January 26, 29114;35 PM --------------

To: Bullock, Kalja EOP/WHO 1. (b)(6) iCastleman, Patrick

<Patrick.Castleman@nrc.gov> -----

! Cc* KaJh;u~i,( ~ave E EOrHO ~..._ _ ____.(_.b)...

6 l

(6...,)_ _ _ _ OL-WHO-Exec Clerk J~___;(....;,b).;..(6.;...)____.

Subject:

(Externat_Sender) FW:

Per your request, the attached copy of the Svinicki Chairman Order is provided for your information.

William McCathran

_ Assistant executive Claris The White House Ortice Room2 1 EEOB Tel.f (b)(6)

0 R D B R I hereby designate Kristine L. svinicki as Chairman of the Nuclear Reg~latory Commission, until such time as I make a subsequent designation or her appointll!!nt terminates by operation of law.

THE WHITS HOUSE, January 23, 2017,

Vietti-Cook, Annette From: Castleman, Patrick Sent: Thursday. January 26, 2017 4:32 PM To: Vietti-Coale. Annette; Doane, Margaret

Subject:

FW: Delivery of Chairman Order to the Nuclear Regulatory Commission Attachments: 2017012613461894S.pdf

---Original Message-*** ----------.

From: Bullock, Katja EOPJ\VHO [mailtoj (b)(6)

Sent: Thursday, January 26, 2017 4:26 PM To: Castleman, Patrick <Patrlck.CaslleTao@am ODY>

Co: MoCathran, William W. EOP/WHO _ {b)(6) I

Subject:

[External_Sender] Delivery of Chainnan Order to the Nuclear Regulatory Commission Hi Bill: Mr. Castleman is Kristin Svinicke's Asst (she is on travel) who will work out with you how to get the original to them. In the meantime would you please send him a copy of the signed order. Thank you both for your help.

---

Original Message--*

• j From: McCathran, William W. EOPM'HO [mailtq (b)(6)

Sent: Thursday, January 26,~~~;:57 PM - - - - - - - - - - - -...

To: Bullock, Katja EOP/WHO ff'.~~--_..(b..).._(6.,_)~ ~ - - - - - - - ,

K I a h D ve E. E P _ (b)(6) IDL*WHO.Exec C1er1<! (b)(6)

(b)(6) airman Order to the Nuclear Regulatory Commission

Katja, We need your help. Our Messengers have attempted to deliver to Kristine L. Svinickfs Chairman Order to the Nuclear Regulatory Commission 3 times, since yesterday morning.

Ed Thomas in our office spoke to Jason Zom at the Rockville, Mb, address (see attached receipt) yesterday who was expecting delivery. We have not been able to reach anyone since by phone.

Thanks for anything you can do.

William McCathran Assistant Executive Clerk The White House Office RO~"' 2 EFOB Tel; (b)(6)

Office of the Executive Clerk Receipt TO: -.,N.,..uc:,..,1_e..,a,....r_Re~gu

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to_r""'y-c_o_=i_s_e_io_n______ l/2S/l 7 WASBDc,. 20555 (D ~>

• - '5C,'-lts"= /. "

11rif ~1*11t (),'u ~tit, Mb !lb?~ ,Sum aJrn Beeel..-edFromT!ie\fhisallouH: Chairman Order .(SVINICRI) signed by the President on 1/23/17, Delinndby - - - - - - - - ' - - - - - R e e e ! n c l b : , - - - - - - -

1\meBaeeind ~-~~~-

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THE WHITE HOUSE WASHINGTON January 20, 2017 MEMORANDUM FOR THE HEADS OF EXECUTIVE DEPARTMENTS~ AGENCIES FROM: Reince Priebus Assistant to the President and Chief of Staff

SUBJECT:

Regulatory Freeze Pending Review

/

The President has asked me to communicate to each of you his plan for managing the Federal regulatory process at the outset of his Administration. In order to ensure that the President's appointees or designeee have the opportunity. to review any new or pen~ing regulations, I ask on behalf of the President that you immediately take the following steps:

1. Subject to any exceptions the Director or Acting Director of the Office of Management and Budget (the 0 0MB Director") allows f9r ~mergency situations or other urgent circumstances relating to health, safety, financial, or national security matters, or otherwise, aend no reguiatio~ to the Office of ~he Federal RegiEJter (the . 11 0PR 11 ) until a department or agency head appointed or designated by the President after noon on January 20, 2017, reviews and approves the regulation. The department or agency head may delegate this power of review and approval to any other person so appointed or designated by the Presidept, consistent with applicable law.

2. With respect to regulations that have been sent to the OFR but not published in the Federal Reginter, immediately withdraw them from the OFR for.review and approval as described in paragraph l, subject to the exceptions described in paragraph 1. This withdrawal must be conducted consistent with OFR procedures.

J. With respect to regulations that have been published in the OFR but have not taken effect, as permitted by applicable

,_._._.,.................._,.._. _____.,._.. ) * -*--,------------............... ,,.. **¥*~*

2 law, temporarily postpone their effective date for 60 days from the date of this memorandum, subject to the exceptions described in paragraph 1, for the purpose of reviewing questions of fact, law, and policy they raise. Where appropriate and as permitted by applicable law, you should consider proposing for notice and comment a rule to delay the effective date for regulations beyond that 60-day period. In cases where the effective date has been delayed in order to review questions of fact,* law, or policy, you should consider potentially proposing further notice-and-comment rulemaking. Following the delay in effective date:

(a) for those regulations that raise no substantial questions of law or policy, no further action needs to be taken: and (b) for those regulations that raise substantial questions of law or policy, agencies should notify the 0MB Director and take further appropriate action in consultation with the 0MB Director.

4. Exclude from the a9tiona requested in paragraphs l through 3 any regulations subject to statutory or judicial deadlines and identify such exclusions to the 0MB Director as soon as possible.

s. Notify the 0MB Director promptly of any regulations that, in your view, should be excluded from the directives in paragraphD 1 through 3 because those regulations affect critical health, safety, financial, or national security matters, or for some other reaoon. The 0MB Director will review any such notifications and determine whether such exclusion is appropriate under the circumstances.

6. continue in all circumstances to comply with any applicable Executive Orders concerning regulatory management.

As used in this memorandum, "regulationP has the meaning given to "regulatory action" in section l{e) of Executive Order 12866, and also includes any uguidance document" as defined in section 3(g) thereof as it existed when Executive Order 13422 was in effect. That is, the requirements of this memorandum apply to "any substantive action by an agency (normally published in the Federal Register) that promulga~es or is expected to lead to the promulgation of a final rule or

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3 regulation, including notices Of inquiry, advance notices of proposed rulemaking, and notices of proposed rulemaking,* and also covers any agency statement of general applicability and future effect Nthat sets forth a policy on a statutory, regulatory, or technical issue or an interpretation of a statutory or regulatory issue."

Thie regulatory review will be implemented by the 0MB Director.

Communi~ations regarding any matters pertaining to this review should be addressed to the 0MB Director, The 0MB Director is authorized and directed to publish this memorandum in the Federal Re~1ster.

I

. I, I*

I

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• McCloskey. Bridln Attachmants: 170120 - Final COS Regulatory Frue.ze Memo.pelf From: "Mancini, Dominic J. EOP/OMB J (b)(6)

Subject:

[Extemal_Sendcr] RE: Memorandum from the Chief of Staff: "Regulatory Freeze Pending Review" Da*** ?I *-'------?n1'11 l,"IC

-7o:I . (b)(6) I (b)(6) 1

(b)(6)

Hello again all, i:

As these things eo, as soon as I hit send I received &he attachment. Also pasted below for your convenience.

best Regards, I

r.

Dom 1.

THE WHITE HOUSE Office of the Press Secretary I For Immediate Release January20; 2017 MEMORANDUM FORTiiE HEADS OF EXECUTIVE DEPARTMENTS AND AGENCIFS FROM: ReincePri~

Assistant to the President and Chief of Staff

SUBJECT:

Regulatory Freeze Pending Review

. The President has asked me to communicate to each of you his plan for managing the Federal regulatory p ~ at the outset of his Administration. In order to ensure that the President's appointeeS or designees have the opportunity to review any new or pending regulation:;, I ask on behalf of the President thnt you immediately take the following steps:

1. Subject to any exceptions the Director or Acting Director of lbe Office of Management and Budget (the "OMB Director', allows for emergency situations or other urgent dmunstances relating to health, safety. financial, or national 5E'C:Urity matters, or otherwise, send no regulation to the Office of the Federal Register (the qOFR") until a

. department or agency head appointed or des.ignated by the President after noon on January 20, 2017, reviews;and approves the regulation. The department or agency ~d may delegate this power of review and approval to any other persc:in so appointed or designated by the President, comistent with applicable law.

z

... ...... _.,._,_ .. _*----- ..... -... --..-*-'* -*-*~......

2. With respect to regulations that have been sent to the OFR but not published in the federal Register, inunediately withdraw them from the OFR for review and approval as described in paragraph 1, subject to the exceptions descn"bed in paragraph l. 'Dus withdrawal must be conducted consistent with OFR procedures.

3. With respect to .regulations that have been published in the OFR but have not taken effect, as permitted by applicable law, temporarily postpone lheif effective date for 60 days &om the date of this memorandum. subject to the exceptions descn"bed in paragraph 1, for the purpose of reviewing questions of fact, law, and pollcy they raise. Where appropriate and as permitted by applicable law, you should consider proposing for notice and comment a rule to delay the effective date for regulations beyond that 60-day period. In cases where the effective date has been delayed in order to review questions of fact, law, or policy, you should consider potentially proposing funher notice-and-<amment rulemalcing. Following the delay in effective date:

(a) for those regulations that raise no substantial questions of law or policy, no further action needs to be taken; and (b) for those regulations that raise substantial questions of law or policy, agencies should notify the 0MB Director and take further appropriate action in consultation with the 0MB Director.

4. Exclude from the actions requestr!d in paragraphs 1 through 3 any regwatioM subject to statutosy or judicial deadlines and identify such exclusions to the 0MB Director as soon as possible.

5. Notify the 0MB Director promptly of any regulations that, in your view, should be excluded from the directives in paragraphs l through 3 because those regulations affect critical health, safety, financial, or national security matters, or for some othff reason. The 0MB Director will review any such notifications and determine whether such exclusion is appropriate under the circumstances.

6. Continue in aU circumstances to comply with any applicable E,cecutive Orders concerning regulatory management.

. As used in this memorandum, "regulation" has the me.uung given to "regulatory action" in section 3(e) of Executive Order 12866, and also includes any "guidance document" as defined in section 3(g) thereof as it exis,ed when Executive Order 13422 was in effect. That is, the .

requirements of this memorandum apply to "any substantive action by an agency (normally published in the Federal Register) that promulgates or is expected to lead to the promulgation of a final rule or regulation, including notices of inquiry, advance notices or proposed rulemaking, and notices of proposed ru)emaking," and also covers any agency statement of general applicability and future effect "that sets 3

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forth a policy on a .statutory, regulatory, or teclmicaJ issue or an inte,pretation of a statutory or regulatory issue."

This regulatory review will be hnplemented by the 0MB Director. Communications regarding any matters pertaining to this review should be addressed to the 0MB Director.

The 0MB Director is authorized and directed to publish this memorandum ln the Federal Register.

.REINCE PRIEBUS Unsybscribe The Whi11 liotJ,e*. 1600 Perins~anm A - . NII, Weshlnglon*oc 20500

• 202*'5$-1 t I, From: Mancini, Dominic J. EOP/OMB Sent: Saturday. January 21, 201711:09 AM To:I (b)(6) l (b)(6) 4

(b)(6)

Dear Colleagues,

I hope everyone is having a good day. Last evenin& the Chief of Staff i551,1ed a Memorandum for the head$ of Executive DeJ)ilrtments and Agencies regarding pending regulatlons. Due to technical elltches I don't yet have a version I can attach here, but I will send that as soon as possible. In summary, the memorandum asks agencies to:

1) Not send any regulation to the Federal Register unless a department or agency head appointed or de5ignated by the President after noon on Janua,y 20, 2017, reviews and approves the regulation.

2) Immediately wlthdraw proposed and final regulations that have been sent to the Federal Register, but have not yet been published.

3) Consistent with applicable law, e.tend the effective aates of rules that have been published In the Federal Register, but are not yet effective.

Of course, please refer to the memorandum, and not my summary, for the official actions. I also understand the transition team Is working on drafts of tf'le withdraWil letters from each agenq, to the Federal Register, and Is arranging for the necessary signatures. 0MB Is working on furt~er Implementing guidance, partlcularfy on Item 3, and we hope to share that with you soon. In the meantime, please let us know if you have any questions.

Best Regof'ds, Dom Dominic J Mincinl Oepul'f and Acting Admlnima-tor Office of Information and Re1ulatory Affairs Office pf M11nuement ;ir,d Bud£et I (b)(6) I 5

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. EXECUTIVE OFFICE OF THE PRESIDENT OFFICE OF MANAGEMENT ANO BUDGET WASHINGTON, DC. 201103

• January 24. 20 I 7 M-17-16 MEMORANDUM FOR THE IIHADS ANU AC.'TING HEADS OF EXF.CUTIVE DEPARTMENTS AND AGENCIE.'i FROM: Mark Sandy ti,/,~./,,,.--

Acting Direclor " ~

SUBJECT:

Implementation of Regulatory f'rec7.e This Memorandum provides g11idance on implementing the Memorandum of January 20, 2017, entitled

Regulatory Freeze Pending Review" {"Freeze Memo").

P o ~ pf Effecrive Dates ofCemio Published Replations Paragraph 3 of the Fm:1.e Memo instructs your departments and a~ncies ("agencies") as follows:

With respect lo regulations that have been published in the {J<ederal Regi.,terj but have not taken effect, as permitted by applicable law, temporarily postpone their effective date for 60 days from the date of this memorandum, subject to the exceptions described in paragraph 1, for the purpose of reviewing questions offac:t. law, and policy they raise.

Where appropriate and as pcnnitted by applicable law, you should cllnsider proposing for notice and comment a rule to delay the effective date for regulations beyond that 60-day period. In cases where the effective date has been delayed in order to review questions of fact, law, or policy. you should consider potentially proposing further notice-and-comment rulemaking.

Your agency staff has identified or should promptly identify regulations' that have been published in the Federal Rtgisler but have not yet taken effecl. For such regulations, paragraph 3 orthc Free~ Memo instructs your agency to undertake b'CYeral actions.

First, absent applicable c,cceplions (discussed below), postpone for 60 days the effective dates of regulations that have been published but have not yet taken effect for the purpose of reviewing quesrions of fact, law, and policy "as penniticd by appli~blc law." To the maximum extent powblc, your explanations for postponement should be individualized 10 the regulation being postponed. 1n addition, the Administrative P~ure Act generally establishes p~urat requirements for agencies promulgating rules, subject lo certain exceptions and exemptions. Please consult with your agency's Office of General Counsel as you implement the Frcei.c Memo and this Memorandum.

Sceond, con!lider postponing the effective date beyond 60 days where appropriate. If such a postponement is appropriate, seek com,nenl on the extended postponement, in accordance with the Freeze

' In act0rdance with the Fn:eze MMKl, rhis Memorandum uses a broad definition of"regulation." Please sec Ille Applicability section b:low for more information.

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Memo. 2 If your agency takes comment on the initial 60-day postponement, e.g., by issuing a notice of proposed ruletnaking. consider u.c;ing trn: same action to take comment on an extended postponement. In 11ddition, please consider taking comment on the regulation itself, including about questions of feet, Jaw, and policy that the agency should recognize as it considers whether the regulation iaises any substantial questions.

foinally, if during your review you determine a regulation mises no substantial question of fact, law, or policy, please provide your Office oflnfonnation and Regulatory Affairs (OIRA) Desk Officer a list of such regulations on which you plan to take no further action no later than two weeks prior to the postponed effective date for thoso regulations. Alternately, if you determine a regulation raises a substantial question of fact, law, or policy, please notify your OIRA Desk Officer promptly and consider whether you agency should perfonn additional rulemaking or take other further actions. tr your agency detennincs it should take funher actions, please consult with your OIRA Desk Officer in accordance with the Freeze Memo.

Actions Related to the FedW!.l..!s.ais.r.er: and OIRA Subject to any exceptions, withdraw all regulations that have been sent to the omce of the Federal Register (OFR) but have not yet been published. This will allow review of those regulalions as the Freeze Memo envisions. To facilitate such withdrawals, please see an eKample withdrawal letter in Appendix A.

Note that the OFR' s speci tic requirements for the withdrawal of documenls depend on whether those documents have been filed for public inspection. Some of those requirements arc particularly time sensitive. Specifically, for those regulations that have been filed for public inspection but not published, Chapter 4J oflhe federal Register Document Drafting Handbook requires the following for withdrawals:

If we have filed the document for public inspection, your [Federal Register] Liaison Officer may withdraw it from publication only by submitting a letter requesting the withdrawal . , .. An official with authority to sign Federal Register documents or the Liaison Officer must sign this letter.

The Liaison Officer must e-mail the OFR at fedreg.liaison@nara.gov as soon as possible to confirm that the letter has been sent. In addition:

The letter must reach the OllR during regular onice hours (8:45 a.m. to 5:15 p.m. En before noon on the workday before the document's scheduled publication date. We will not wi1hdraw the document until we receive your letter.

Thus. if il has nol already done so, your agency should submit withdrawal letters lo the OFR as soon as possible.

)

In addition, subject to any exceptions, send.no further regulations to the OFR until en agency head appointed or designated by the President afler noon on January 20, 2017, reviews and approves the regulations. 3 Also, consistent with the Freeze Memo's direction to comply with applicable faccutive Orders (F.Os) concerning regularory management, please continue lO follow the process outlined in EO 2 For guidance documents, as refere11tcd in the Applicability &eetion, ii may not be appropriate to go through notice and comment for n postponement, e.g;, when the ini1ial guidance did nol go through notice and comment.

3 The Frecz.c Memo indicates Iha! such a departmenl or agency head may delegate this power of review and approval to 11J1}' other pmon so appointed or dcsignat,:d by the President, comistenl with applicable law.

2

12866 to determine whether any such approved regulation is significoot and therefore subject to OIRA review.

Finally, consii;tent with the Freeze Memo's broad scope, and to ensure thal OIRA reviews only those regulations that have already been reviewed by the appropriate person at each agency, I am requesting that your agency withdraw any regulations currently at OIRA.

There are two exceptions 10 the above directions. First, citclude frQm those actions any regulalions

subject to statutory or judicial deadlines." These are regulal.ions where performing the otherwise required review actions would endanger i.ompliance with an operative statutory or judicial deadline. For example, agency civil monetary penalty adjustments that were due this month' and were not significant regulatory actions under F.O 12866 likely fall within this exception. Afkr you have identified such regulations, please contact your OIRA Desk Offi~r with a list of those regulations as well as a brief explanation of your dc:tennination that provides a reference to the statutory or judicial dc11dline.

Second, the hec:z.e Memo authorizes the Director or A.cling Di~tor of the Office of MaJllllgi:ment and Budget to make exceptions .from the Free7.e Memo's n:quirem~nts under paragraphs 1-3 "for emergency situations nr other urgent circumstances relating lo health, safety, financial, or nalional security maners.

or otherwise." Please send your OIRA Desk Officer a list of such regulations, if any; the type of*

regulatory action each regulation is; which paragraphs of the Freeze Memo those regulations should be excepted from; and a brief explanation for each such regulation of the emergcnt.'Y situalion or urgent health, safety, financial, national security, or other matter that forms lhe basis of the requested exception.

The Office of Management and Budget will review your justification promptly and provide further guidance.

As used in this Memorandum, "regulation has lhe meaning given to "regulalory action" in section 3(e) of EO \ 2866, and also includes any "guidance document" as defined in ~tion 3(g) of tm 12866 as it existed when EO 13422 was in effect In other words, "regulation" means:

l. (A]ny substantive action by an agency (nonnallyl 5Jpublished in the Federal Re}lister) that promulgates or is eiq,ectcd lo lead to the promulg11tion of a final rule or regulation, including notices of inquiry, advance notices of proposed rulemaking. and notices or proposed n,ah:making. w,d

~. Any agency 5'llltement of general applicability and future efTect., othc:r lhan a regulatory action a.s defined in EO J2866, that sets forth a policy on a S1atutory, regulatory, or technical issue or an interpretation ofa statutory or regulatory issue."

lf you have any questions about this Memorandum, the Freeze Memo, or the review process, please contact your OIRA Desk Officer.

4 See Federal Civil Penalties Inflation Adjll!itmcnl Act of 1990, Pub. L. '.'lo. 101-410, ID4 Stat S90 (amended 2015) (caditicd 1s amended at 28 U.S.C. § 2461 note).

5 Note there may be circumstances where n substantive: action of the type EO 12866 contemplates b 11ol published in the Federal Register.

J

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A£PEND1XA

[AGENCY LETI'ERHEAD)

January (XXJ, 2017 OIIVtt Potts, Din:ctor Oftkc of the Federal Regisler (f)

The National An:him and Records AdminiSlratioll 8601 Adelphi Road College Part. MD 20740-600 I

Dear Mr. Potts:

PIASC withdraw from publicition the rule [NAME OF REGULATORY ACl'ION and RBLEVANT IDENTIFVJNO INFORMATION], which is cumntly (on public inspcetion Md] scheduled IO publish in the Fedml Register on Jmuuy [YY], 2017.

• This mquest is made in compliance with lhc White HOU5C Chief of Staff Memorandum tided Regulato,y Freeze Pending Review. sigm:d on January 20, 2017, by White Hoim Chiefof Staff Reinc:e Priebld, Sincaely,

[SIGN]

Type name, Title 4

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~

McCloskey. Bridln 170120 - Final COS Regulatory Freeze Memo.pdf; 4113Jl0Lpdf From: *Mandn~ Dominic J. EOP/OM B" f (b)(6) subject: (External_Sender) 0MB Guidance on Implementation of the Regulatory f:reeze

&.at*: 24 Januarv 2017 23:09 I

' (b)(6) l

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Dear Colleaaues,

Please see attached 0MB Memorandum M17*16, from 0MB Acting DirectOr Mark sandy, titled "Implementation of Regulatory Freeze.H This Memorandum provides fu11her suldance on implementlna the Chief of Staff Memorandum of J.inuary 20, 2017, titled "Regulatory Freeze Pending Review", which is also attached. In summary, the 0MB ~morandum provides guidance on the postponement of the effective dates of final regulations that have been published in the Ftlkral Registtr but are not yet In effect. further guidance on withdrawing rules that have been submitted to the Fe~ral Register but have not been published, and more information on potential exceptions.

In addition, Ml7-16:

• Asks that agencies withdraw all rules that~ currently under OIRA review; and

• Clarifies that once an agency receives clearance to move forward on a rulcmaking, agencies should still follow the significance determination process outlined in EO 12866.

Finally, the 0MB Memorandum Includes a general statement that civil moneta,v penalty adjustment re11ul1tlons that were due this month pursuant to the 2015 amendments to the Federal Civil Penaltles lnflatlon Adjustment Act of 1990, and were not significant regulatory actions under EO 12866, can be considered to fall within the *statutory or tucllcial deadline* exception to the Regulatory Freeze Memorandum.

Please let us*know If you have any questions regarding the Implementation of this Mffllorandum.

Best Regards, Dom Dominic J Mancini Deputy and Acting Administrator Office of lnforma1lon and Regulalory Affaiu Offi(;;(~)na,ent and Budaet 1

2

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U.S. Office of U.S. Office ot .

M11n1gancru & Budi(ll PeMnnc1 M1naicnicn1 January 31, 2017 M-17-18 MEMORANDUM FOR HEADS OF EXECUTIVE DEPARTMENTS AND AGENCIES FROM: MARKSANDY ~ ~ . , / --

~1:J9 Dl~~R. O~AOEMENT AND BUDGET

~M J(jA~

ACTING DIRE TOR, oift'cE OF PERSONNEL MANAGEMENT

SUBJECT:

Federal Civilian Hiring Freeze Guidance

1. Purpgse. This memorandum provides additional guidance regarding the freeze on the hiring of Federal civilian employees as directed by lhe President on January 23, 2017, via Presidential Memorandum (PM) entitled "Hiring Freeze. This guidence is in addition to the initial implementation auidance issued by the Actini Director of the Office of Managemenl and Budget (0MB) on January 2S, 2017. This euidance provides infonnation on the types of.exemplions authorized under Ibis hiring .lieeze as weJI as instructions on how departments and agencies can request exemptions from the Director of the Office of Personnel Management (OPM) for critical situations where additional exemptions may be warranted.

2. Coverage. This memorandum applies to all Executive departments and agencies rcprdlcss of the sources of their operational wid programmatic funding and to all types of federal civilian appointments, regardless of the: leneth of the appoinlment. except as provided for below or otherwise provided in law. No vacant positions existing at noon on Janu~ 22, 20J7, may be filled and no newposilions may be 1:reatccl,cxccpt in limited circumsteru:es. For the purposes oflhis memorandum, e. position is not considered vacant if an individual has been given an offer of employment prior to noon on January 22, 2017, bas accepted the position, and has a designated stm'ldate onor before February 22. 2017.

Contracting outside lhe Government to circumvent the intent of the PM shall not be permitted. For example, agencies shall not acquire by contract with a commercial vendor services that are substantially similar to those that would have been provided by a Federal civilian in a vacancy covered by the PM. However, nothina in this memorandum is intended to restrict agencies from continuing, modify ins. or entering into service contracts for other purposes, consistent with law, regulation. and any applicable manaaemcnt direction.

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• *-** * - *-*r ........ ~ - - - * - * - * - - - - - - - - - - - - - - - - - - - - - - - - - - - -

The pidance in this memonmdwn should be Implemented ~nsistcnt with any lawftll collective bargaining obligations that may ~Jy.

3. Exe,m,tions, The following exemptions to the Federal civilian hiring freeze ~

permitted!

a. Miliwy personnel in the armed forces and all Federal unifonnecl personnel, including the U.S. Coast Guan!, the Commimoned CoIJJS of1he U.S. Public Health Service, ilDd the Commissioned Officer Corps of the National Oceanic and Atmospheric Administmtion.

b. Filling of positions under prognum where limiting the hiriq ofpetSOmiel would conflict with applicable law.

c. Nomination and appointment of officials to positions requiring Presidential appointment, with or without Senate confumation.

d. Appointment of officials to non-career positions in the Senior Executive Service or to Scmdule C appointments in the Excepted Servlte, or the appointment of any other off1eials who serve at the pleasure of the appointing authority (i.e.,

"appointed" positions of a political'non-career nature).

e. Appointment of seasonal employees and sbort-tenn tempcmuy employees necessary to meet traditionally n:cwring seasonal workloads, provided that the agency informs its 0MB Resomce Manaae~nt Office in writing in advance of its hiring plans.

f. Hiring by the U.S. Postal Service.

g. Federal civilian personnel hira made by the Office of the DiR'Ctor of National lntelliaence (ODNI) anc1*11,e Central Intelligence Agency (CIA).

h. Appointments made under the Pathways Internship 111d Presidential Management Fellows programs (this does not include lhe Recent Graduates program). Agencies should ensure that such hires understand die provisional nawn: of these appointments and that conversion is not guaranteed.

i. Conversions in the ordinary course to the competitive service of current agency .

employees serving in positions wilh conveJSion aulhority, such as Veteran's Recnllament Act (VRA) and Pathways programs.

j. Appointments made under S C.F.R. § 213.JJOl(r) (time limited positions in support of fellowship or professionallindumy exchange propms) provided that tbe tolal number of individuals employed under this authority does not exceed lhe number of employees onboard (hued un~ this authority) on January 22, 20) 7.

2

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k. Placement of persons wilh restomion rights accorded by law, such as rcstoradon after absence with iojwy compensation and reslOJBtion after mililar)' duty.

I. Job offers made prior to January 22, 20171 for which die individual has a confmned start date on or before Februmy 22i 2017. Those indmdimJs should report to work according to their respective designated swt dales.

m. Job ofms made prior IO January 22, 2017, but for which the individual bas a confirmed start date that is later tlian February 22, 20J7 (or does IIOt llave a confinncd stmt date), should be decided on a case-by-ease basis and must ao through an agency.head ,eview. The aatneY head should review each position to detenninc whether tbejob offer should lie revoked, or whether the hirina pn,i:ess should continue. Agency heads shOIIJd consider essenti.al mission priorities, c:unent aaency resources. and funding levels when making detenninelions about whether or not to revoke job offers.

n. Internal career ladder pr.omolions.

o. Reallocations (i.e., noncompetitive reassignmcnlS and details) ofcurrent Federal civilian employees )Yithig an gency to meet 1he highest priority ncecJs (including preservation of national 5"Urity and other essential Sffl'ices) arc not affected.

Details (reimbursable and non-reimbursable) between agencies am also not aft'ectcd; however, agency leadership should ensure that any reimbursable details between agencies are not being used IO cimunvcnt the intent of rhe hiring ~ .

p. Term and temporary appointments ofexisting Federal employees may be extended up to lhe maximum allowable lime limit, consistent wilJl ~

conditions/requirements of lhe legal authority originally used to appoint the employee.

q. A limited number of voluntary transfers of current SES between agencies, as necessary to SCCU?e die leadership cepacjty ofqencics, and ~ needs cannot be met by reallocation of resources within an agency's current workfosce; however, filling of 5UCb V8CllllciC$ is subject to OPM approval in a ~ with section 4 below.

r. . The head of any agency may exempt any positions ltlat it deems necessary to:

i. Meet national security (including foreip relations) responsibllidcs, or ii. Meet public safety responsibilities {including ~ntial activities to the extent that Ibey prolecl life and property). Agencies may refer to I

t.

lonptanding guidance, which provides examples of SIK:h activities in f/MJJ.

Memqrantlum. 4WW' 0pggt1w 1a 1htAb.tmie ef4unropriqliom, dated I' 11/17/1981 [sec examples 3(a) to l(k)]. 1:

I Agen~ heads .should consult with appropriate personne~ including the 8g'CJIC)'

Chief Human Capital Officer (CHCO) ot equivalent and aecn~ counsel when i

I:

I*I l

I*

3 I" i

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determining what positions to exempt fio,n the hiring freeze. Agency heads me also required to consult with OPM and 1he agency's 0MB Resource Management Off"sce on their intent to exempt positions using their agency head ftUthority before implementing these a:xcmplions. Note that in the case ofan Iuspector General's QG) office, the Inspector General is considc~ the agency head for lhe pwposes of determining which positions in the IG office in exempt based on the definitions above, as well as for lbe purposes of the agency-head review ofjob offers in lhe 10 ofl"ta: lhal either do not have a stm1 date or have a designated start date beyond FebNa,y 22, 2017.

4. Exemptions Granted by the Direclor of OPM/The Director of OPM may grant additional exemptions from the liirilli freeze for critical situations. Accordingly, if an agency head assesses lhat circumstances warrant additional exemptions to the: hiring freeze other then those specified above, a request must be made in writing to the Director of OPM and signed by the agency head. The request must:

• Explain the critiQJI need and how it relates lo essential services or critical mission req11irements.

• Explain why reallocation (reassignment/detail) of cxisling Slaff within the agency is not possible to meet the needs outlined in the request.

• Explain the urgency of the need and the consequences or not fillins the position within a 3 to 6 month timcline.

Agencies must elso notify their respective 0~ Resource Management Office of exemption requests to OPM under this provision.

S. Effective Oates. The guidance in this memorandum is efT"tive immediately. Within 90 days of the p11blication of the PM issued on January 23, 2017, the Director ofOMB, in consultation with the Director of OPM, shall recommend a long-term plan to reduce the size of the Federal Government'g workforce through attrition. The hiring freeze will expire upon implementation of the 0MB plan.

6. Inquiries. Questions from departments and agencies regarding the instructions and guidance in this memorandum should be addressed to agency 0MB Resource Monagcmcnt Officers and OPM tontacts provided to Chief Human Capital Officers and HR Directors. .

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~

NRCExecSec Resource White, Amelie C. EOP/OMB ~'~---(_b_)(6_)_ _ ___,

Tuesday, January 31, 2017 5:33 PM

/

(b)(6)

TD:

(b)(6)

Cc: OMB_All

Subject:

!hternal_Sendec) M-17-18 Fedml Civili;in H111ng Freeze Guid,1nc~

Attachments: M* 17*18.pdl This memorandum provides additional guidance regarding the freeze on the hiring of federal ci~ilian employees as directed by the President on January 23, 2017, via Presldenrial Memorandum (PM) entitled Hiri;ig F1eeze."

To view this memo, plea~e see the attachment.

EXECUTIVE OFFICE OF THE PRESIDENT OFFICE OF Mit.NAGEMENT AND BUDGET WASHINGTOl'I. D.C. 209C3

.February 2, 2017 ADMINISTRATOR QFFJC£0F INP-ORl4ATION AND flEGUU.TOIIY AFrAlfl5 MEMORANDUM FOR: REGULATORY POLICY OFFICERS AT EXECUTIVE DEPARTMENTS AND AGENCIES AND MANAGING AND EXECUTIVE DlRECTORS OF CERTrOENCIES AND COMMISSIONS FROM: Dominic J. Mancini, Acting AdministtBtor * * . 'Q,}? .

Office orinfom,ation and Regulatory Affairs / , . .._,.

SUBJECT:

Interim Ouidance Implementing Section 2 of the Executive Older of January 30, 2017. Titled "Reducing Regulation and Controlling Regulatory Costs" (b)(5)

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DRAFT, DELIBERATIVE. PRED£OSIONA1.,

(b)(5) 2

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DRAFT. DE.UBERATI\IE. P.REDECISIONAL (b)(5) a.

DRAFr. DELIBERATIVE. PREDECISIPNAL (b)(5)

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DRAFT. DEUBERATIVE. PREDECtslONAI:.

(b)(5) s

9 (g)(q)

DRAFT, OEUBERATIVE. PREOECISIONAL.

(b)(5) 7

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Mc:Closlcey. Brldln Attachments: Interim guidance on Reducing Regulations EO.pdf ffom: Pearson, Laura Stnt: Thursday, February 02, 2017 12:32 PM To: Albert, Michelle <Michelle.Albert@nrc.gov>; V-ietti.Cook, Annette <Annette.y1elti-Cook@!nrc.go11>

SUbfect: FW: Follow On Guidance on the Executive Order "Redudns Regulation and Controlling Resulatorv Costs" FYI Laura Pearson Chief, lnteUigenceUaison & Threat Assessment Branch Office of Nuclear Security and Incident Response U.S. Nuclear Regulatory Commission 301.492.3933 From: Mancini, DomlnicJ. EOP/OMB - {b)(6)

Sent: Thursdav, February 02, 201712:02 P M ' ' - - - - - - - - - - - - - '

~~ (bl(6} I (b)(6)

SUbi-t: (Extemal_Sender)'follow On Guidana! on the Executive Order *Reducing Regulation and ControUi~ Regulatory Costs*

De*r Colleagues, Please see attached the first round of guidance on the January 30, 2017, E,cecutive Order titled *Reducing Regulation and Control Ung Regulatory Costs." For this Interim guidance, OIRA Is focusing on Implementation of Settlo" 2 of the Executive Order, which covers Fiscal Year 2017.

1 .

Note that we are ffi!luesting comment on this Interim guidance. They should be provided to*

l (b)C I by February 10, 2017. Our goal Is to continue to answer your questions, and provide at least one further rowtd of guidance, as we continue to implement the EO.

Please let Rich Theroux! (b )(6) jar me know If you have any questions.

Best Regards, Dom Dominic J Mandnl O.t*Jtv and AttlnJ Adrn,nistr.1c;,r Ofl1ce ol lnlom1ation and ResulalOI\I Aff~ors I Qffocr;;(6reemrt and Sudjlet 2

Dear FOIA Requester:

The FOIA Improvement Act of 2016, which was enacted on June 30, 2016, made several changes to the Freedom of Information Act (FOIA). Federal agencies must revise their FOIA regulations to reflect those changes by December 27, 2016. In addition to revising our regulations, we intend to update the Form 464, which we use to respond to FOIA requests.

In the interim, please see the comment box in Part I.C of the attached Form 464. The comment box includes information related to the recent changes to FOIA that is applicable to your FOIA request, Including an updated time period for filing an administrative appeal with the NRC.

Sincerely yours, S~B~/S/

Stephanie Blaney FOIA Officer

NRC FORM,.. P*rt I U.S. NUCLEAR REGULATORY COMMISSION FOIA RESPONSE NUMBER (12-20151 r-*- I FOIA 2017-0293 11 I I

~-~

~-i RESPONSE TO FREEDOM OF

...... INFORMATION ACT (FOIA) REQUEST RESPONSE TYPE D INTERIM [l] ANAL REQUESTER: DATE:

!Hannah Northey DESCRIPTION OF REQUESTED RECORDS:

11 02/03/2017 I

Records of all emails sent to and from the NRC Office of Public Affairs containing the tenn "who.eop.gov" from January 20 to 27, 2017.

PART I. - INFORMATION RELEASED Agency records subject to the request are already available in public ADAMS or on microfiche in the NRC Public Document D Room.

D Agency records subject to the request are enclosed.

Records subject to the request that contain infonnation 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 AMOUNT" D You will be billed by NRC for the amount fisted.

0 None. Minimum fee threshold not met

$ II II

• - Cornmeou '°' do!Bii, D You will receive a refund for the amount listed.

D Fees waived.

PART I.B - INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE

[Z] We did not locate any agency records responsive to your request. Note: Agencies may treat three discrele 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.

D 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 linal determination.

[Z] You may appeal this final determination within 30 calendar days of the date of this response by sending a letter or email to the FOIA Officer, et 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."

PART I.C COMMENTS ( Use attached Comments continuation page if required)

In confonnance with the FOIA Improvement Act of 2016, the NRC is informing you that: (I) you have the right to seek assistance from the NRC's FOIA Public Liaison; (2) you have the right to seek dispute resolution services from the NRC's FOIA Public Liaison or the Office of Government Information Seivices; and (3) notwithstanding the language in Parts I.Band II.B of this fonn, you may appeal this final determination within 90 calendar days of the date ofthis response by sending a letter or email 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."

SIGNATURE -FREEDOM OF INFORNATION AC'.! OFFICER/ ,V lsteylianie '.Bfaney( "P:,1/) )Oi.A J. JA D')

NRC Form 464 Part I (12-2015) l(~~~~;git~I G '

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NRC FORM "64 Part I U.S. NUCLEAR REGUlATORY COMMISSION FOIA RESPONSE NUMBER .,

I II

\

(03-2017) 6¥.'

~ i RESPONSE TO FREEDOM OF 2017-0661 I I

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INFORMATION ACT (FOIA) REQUEST RESPONSE

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

joavid Lochbaum DESCRIPTION OF REQUESTED RECORDS:

11 08/31/2017 I

Digital copies of all effectiveness reviews ofNRC Bulletins (BLs) and Generic Letters (GLs) that are not publicly available and which were completed/issued since January 1, 2007.

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 !Jlm_s;/lwww,D~,gov/r~i:!t!in9:rmlfoiill@Dli:!cl*Ioisi,!l.tml 0 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. '

D 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 bllled by NRC for the amount listed.

[Z] Minimum fee threshold not met.

11 II D You will receive a refund for the amount listed. D Due to our delayed response, you will "See CommenlS fer 11e1aas D Fees waived. not be charged fees.

PART 1.8 - INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE

[{J We did not locate any agency records responsive to your request. Not.e: 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 exduded 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.

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, 0.C. 20555-0001, or.f0IA,Resource@nrc.gov. Please be 0 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

!:Jtt1211:llogis,archive§..!lo:idab.Qut-ogis/conta!:!*ioformali!:!n,btm PART I.C COMMENTS ( Use attached Comments continuation page if required)

NRC staff infonns us that effectiveness reviews were not required for BLs and GLs prior to 2009. Only two reviews have been completed since that time, both of which are already publicly available (MLl21910389 and ML11165A165). Thus, there are no records responsive to your request.

Slanature

• Freedom of lnfonnaUon Act Officer or Deslgnee

'Stephanie A. Blaney 0..,,-,.ft,..__A.....,

Ott c*us *..ua.~.w-ua ~.,R.....,~w-~.Ql=satJIN'WA ...,..a1JlQ.U12C1CJC1J100 ,.1-2'CIXl>1'97 DIii 201JDl'101UO~..cwtXI' NRC Form 464 Part I (03-2017) 1 *~** ........ ~ ..

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

(03-2017) ~

2017-0513 I

\:t~~/

' a RESPONSE TO FREEDOM OF I 11

......~/ INFORMATION ACT (FOIA) REQUEST RESPONSE TYPE [Z] INTERIM D FINAL REQUESTER: DATE:

ITom Blanton, National Security Archive DESCRIPTION OF REQUESTED RECORDS:

11 05/30/2017 I

Your modified request seeks emails received from the Republican National Committee's domain, mchq.org, from 01/20/17-04/28/17, by the Commission, Executive Director for Operations (including the Deputy Directors for Operations),

Office of Public Affairs Director, Office of Congressional Affairs Director, Chief Financial Officer, and Inspector General.

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 !llt!ls://www,nrc,gol/Lreadjng-rm/fQii!l@alara-fgia btrnl 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.

D 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.

Ill We are continuing to process your request.

Ill See Comments.

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

[Z] Minimum fee threshold not met.

II II D You will receive a refund for the amount listed. D Due to our delayed response, you will not be charged fees.

'SH Comments !or dtulls D Fees waived.

PART I.B - INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE

[lJ 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.

D We have withheld cer1ain information pursuant to the FOIA exemptions described, and for the reasons stated, in Par1 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 Ill 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 D sure to include on your letter or email Iha! 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 lnfonnation Services (OGIS). Contact information for OGIS is available at h!.!Rs:/logis,arc!JrLes,gov{i!bou1:Qgis£con1act-inforrnatioa,!Jlm PART I.C COMMENTS ( Use attached Comments continuation Daae If reaulred)

Under the NRC's FOIA regulations, at 10 CFR 9.25(g)(l), the Office of the Inspector General has the authority to respond to FOIA requests. As such, OIG will provide a separate response, which will be the final response to your request. This interim response addresses the result of searches performed by the Commission, the Executive Director for Operations (including his two Deputies), the Director of the Office of Public Affairs, the Director of the Office of Congressional Affairs, and the Chief Financial Officer.

SIRnatum - FrMdom of lnfonnatlon Act Officer or Oe!IIRnee 1stephanie A. Blaney °""'..................... '.

CN~. ..u&.~IIJltll..._.~~~.Cl"'~A......,.Q.DQ.IJ.ltllXiO.Jtol.1~111 Clollllll101rm:m*.uv.or&T NRC Form 464 Pan I (03-2017)

IAdd ContlnUdon Pas* I D.a.a Continuation Page Page 2 of2

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NRC FORM <164 Part I (OIG) U.S. NUCLEAR REGULATORY COMMISSION FOIA RESPONSE NUMBER I II (12-2015) 2017-0513 2 I

.....~-

-~~:\9. RESPONSE TO FREEDOM OF

~~

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

!Thomas Blanton DESCRIPTION OF REQUESTED RECORDS:

11 llflY 3 D 20*1

• I Your modified request seeks emails received from the Republican National Committee's domain, *mchq.org, from 0 I/20/17-04/28/17, by the Commission, Executive Director for Operations (including the Deputy Directors for Operations), Office of Public Affairs Director, Office of Congressional Affairs Director, ChiefFinancial Officer, and In PART I. - INFORMATION RELEASED Agency records subject to the request are already available in public ADAMS or on microfiche in the NRC Public Document D Room.

D Agency records subject to the request are endosed.

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.

[Z} See Comments.

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

0 None. Minimum fee threshold not met.

$ II

-S~e Comments for deta:ls D You will receive a refund for the amount listed.

D Fees waived.

PART I.B - INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE We did not locate any agency records responsive to your request. Note: Agencies may treat three discrete categories of law

[ZJ 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.

D 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.

[ZJ You may appeal this final determination within 30 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£QMesource@nrc.gov.

Please be sure to include on your letter or email that it is a "FOIA Appeal."

PART I.C COMMENTS ( Use attached Comments continuation page if required)

This final response to your request, as modified, addresses the results of the search by the Office of the Inspector General for any responsive emails received by the Inspector General. No emails were located.

~

SIGN(TUIRE - ~SISTANT INSPECTOR GENERAL FOR INVESTIGATIONS, OIG

!Jose~ .1vtt;.m:::::...,.~ I NRC Form 464 Part I (OIG) (12-2015)

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NRC FORM -464 Part I U.S. NUCLEAR REGULATORY COMI\ISSION FOIA RESPONSE NUMBER

............~,.

I I (03-2017)

RESPONSE TO FREEDOM OF 2017-0428 I

'I ~ *l 11

\; ..... I INFORMATION ACT (FOIA) REQUEST RESPONSE TYPE D INTERIM 0 FINAL REQUESTER: DATE:

!Jeffrey Howerton DESCRIPTION OF REQUESTED RECORDS:

11 04/27/2017 I

Revised scope: All documents that discuss inquiries (2010 to present) to the NRC re: anti-nuclear movement groups' consultation with the NRC to develop or coordinate a film, about Diablo Canyon's controversies and protests from 1975 to 1986. Also, NRC film or photos from controversies/protests about the start ofDiablo Canyon ( 1975-1986)

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 bllp..i;;/~D~"99..V/Jeading-rm/f.o.i~@mact-foja.htmJ 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.

D 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 A.'IIOVNT' D You will be billed by NRC for the amount listed.

0 Minimum fee threshold not met 11

$0.00 II D You will receive a refund for the amount listed. 0 Due to our delayed response, you WI11 not be charged fees.

'Seo Com memo lor delllla D Fees waived.

PART I.B - INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE

@ 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.

D 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 lo your request when we issue our final determination.

You may appeal this final determination within 90 calendar days of the date of !his response by sending a letter or e-mail to the FOIA Officer, at U.S. Nuclear Regulatory Commission, Washin~ton, D.C. 20555-0001, or..EQ!~~gy, Please be

[Z] 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 hl!mrtlagis .irmiv§.QO'lfaboyt-Qgi§/@ntact-information. htm PART I.C COMMENTS l Use attached Comments continuation oaae If reaulred)

No records were located from SECY, NRR, Region 4, ADM, orNSIR.

Slanature

• Freodom of Information Act Officer or Deslanoe

!Stephanie A. Blaney

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NRC FORM 464 P.ut I U.S. NUCLEAR REGULATORY COIIMISS!ON FOIA RESPONSE NUMBER

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I I (03-2017)

~/

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i RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST RESPONSE 2017-0489 11

[Z]

I

• " TYPE D INTERIM FINAL REQUESTER: DATE:

!John Greenewald, Jr. 11 05/03/2017 I

DESCRIPTION OF REQUESTED RECORDS:

"Order of Succession" list, and/or any and all reports that discuss this "Order of Succession" stated in Executive Order .

13472 PART I. - INFORMATION RELEASED You have the right to seek assistance from the NRC's FOIA Public Liaison. Contact infonnation for the NRC's FOIA Public Liaison 1s available at 1Jtt11s://www.nrc,gov/readjng-nn/foia/91nm!.t-foia.btml 0 Agency records subject to the request are already avallable on the Public NRC Website, in Public ADAMS or on microfiche in the NRC Public Document Room.

D 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.

D See Comments.

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

D Minimum fee threshold not met.

II II D You will receive a refund for the amount listed. D Due to our delayed response, you will

• not be charged fees.

"Seo Comments for - h D Fees waived.

PART 1.B - INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE We did not locate any agency records responsive to your request Note: Agencies may treat three discrete categories of law D 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.

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

[{J 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 bll12:1://ogi5 archi!!~li gal!~bQ!.!t::2gis/con!a~-info!!l]alion.1J!m PART I.C COMMENTS ( Use attached Comments continuation page if reauired)

The requested record.s are being withheld in its entirety as they r~late to sensitive security plans and practices of the NRC.

Slgnatum - EIHdom of lnformauon Act Officer or Desli:meo 1 , '?; hAa~.r;J 1.J NRC Form 464 P6rt I (03-2017)

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NRC FORM 484 Part a U.S. NUCLEAR REGULATORY COMMISSION FOIA I I lro17) 2017-0489 RESPONSE TO FREEDOM OF

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\ ..... :; INFORMATION ACT (FOIA) REQUEST DATE:

PART II.A - APPLICABLE EXEMPTIONS I 05/03/2017 I

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 property classified pursuant to an Executive Order protecting national Sl!Qlrity information.

[Z] Ex~mption 2: The withheld Information relates solely to the internal personnel rules and practices of NRC.

D Exemption 3: The wtthheld information is specifically exempted from pubUc discloaure by Iha stalute indicated.

D Sections 141-145 oftheAlomic Energy Act, which proh!blls the disclosure of Restricted Data or Formerly Restricted Data (42 U.S.C. 2161-2165).

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

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

D Exemption 4: The withheld informalion is a trade secret or confidential commercial or financ!al 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 prol~on or material control and D accounting program for special nuclear material pursuant lo 10 CFR 2.390(d)(1).

D The infonnation is considered lo be another type or confidential business (proprietary) infomlation.

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

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

D Deliberative process privilege.

D Attorney work product privilege.

D Attomey-dlenl privilege.

D Exemption s: The withheld Information from a personnel, medical, or similar file. is exempted from public disclosure because it& disclosure would result In a clearly unwarranted Invasion of personal privacy.

D Exemption 7: The withheld Information consists of reconls compiled for law enforcement purposes and Is being withheld for the reason(s) indicated.

D (A) Disclosure could reasonably be expected to interfere 1Mlh an open enforcement proceeding.

D (C) Disclosure could reasonably be expected lo constitute an unwarranled invasion of pe!SO!lal privacy.

(D) The information consisls or 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 safely 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 offlclal(s) listed below have made the determination to withhold certain Information responsive to your request APPEUATEOl'Ra.L DENYING OFFICIAL TITLE/OFFICE RECORDS DENIED EDO SECY I Stephanie Blaney 11 FOJA Officer/OCIO *II Internal Personnel Practices I [Z] D I I I D D I 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 FOIA.Resource@nrc,gov. Please be sure to Include on your letter or email that It Is a "FOIA Appeal."

NRC Form 46,4 Part II (03-2017) Page 1 of 1