ML18320A211
| ML18320A211 | |
| Person / Time | |
|---|---|
| Issue date: | 11/15/2018 |
| From: | Stephanie Blaney NRC/OCIO |
| To: | Tarver J - No Known Affiliation |
| References | |
| FOIA, NRC-2018-000708 | |
| Download: ML18320A211 (4) | |
Text
NRC FORM 464 Part I (OIG)
U.S. NUCLEAR REGULATORY COMMISSION NRC RESPONSE NUMBER (09-2018)
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RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST
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RESPONSE D 0
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INTERIM FINAL TYPE REQUESTER:
DATE:
IJ~lian Tarver 11 wov-- 1 5 ;2018 I DESCRIPTION OF REQUESTED RECORDS:
I) Policies related to the National Security Letters. 2) Copies ofall National Security letters served on the NRC from 2014.
- 3) NRC National Security letter termination procedures from 2014 to present.,(3 separate letters consolidated into this one request, see comments)
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://foiaoaline.regulations.gov/foia/action/public/hQme.
D Agency records subject to the request are enclosed.
D Records subject to the reque~t th.at 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 response to you.
D We are continuing to process your request.
0 See Part I. D -- Comments.
PART I.A - FEES D You will be billed by NRC for the amount indicated. 0 Since the minimum fee threshold was not AMOUNT met, you will not be charged fees.
I
$0.00 I D You will receive a refund for the amount indicated.
D Due to our delayed response, you will not be D Fees waived.
charged search and/or duplication fees that would otherwise be applicable to your request.
PART 1.8--INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE 0
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.
[Z] 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 ttie 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/foiaiaction/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 assista.nce 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 resolutipn services from OGIS, you may e-mail OGIS at Qgis@nara gov, send a fax to (202) 7 41-5789, 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 OGIS website at https://www.archives.gov/ogis.
NRC FORM 464 Part I (OIG)
(09-2018)
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U.S. NUCLEAR REGULATORY COMMISSiON RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST PART I.D -- COMMENTS NRC RESPONSE NUMBER I NRC-2018-00070811 I.
RESPONSE D INTERIM
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FINAL
.TYPE l_!_J The NRC aggregates requests in determining search and duplication to be provided without charge as provided in Part 1.A of this form, if the NRC finds a requester or group of requesters acting in concert, has filed multiple requests that actually constitute a single request, and that the r1;iquests involve clearly-related matters." Given that you submitted these 3 requests, on the same day, and all related to questions concerning National Security Letters, which constitute "similar matters" within the meaning of this regulation, we have aggregated these requests for purposes of assessing fees.
Moreover, you are seeking records based on a vague description of an entity that sent records, which appears to be facially unrelated to the NRC's responsibilities, thereby precluding us from knowing where to even look for these records. We*
remind you that, as required by the NRC's FOIA regulations, at 10 CFR 9.23(b)(2), requests must contain a reasonable description of the records including, where possible, dates, titles, subject matter, docket numbers, etc. A reasonable description of records is generally defined to mean that an agency's subject matter experts would know where to search for records, to the extent they exist.
Signaturefa,jSistijnW'lspector Genefal for Investigations or. Designee
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NRC FORM 464 Part I U.S. NUCLEAR REGULATORY COMMISSION NRC RESPONSE NUMBER (04-2018)
(]S"P.REQ(l'f I NRc-2ois-0001os I I 1
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2, INFORMATION ACT (FOIA) REQUEST
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RESPONSE D
[ZJ INTERIM FINAL TYPE REQUESTER:
DATE:
!Julian Tarver 11 11/15/2018 I
DESCRIPTION OF REQUESTED RECORDS:
- 1) Policies related to the National Security Letters. 2) Copies of all National Security letters served on the NRC from 2014.
- 3) NRC National Security letter termination procedures from 2014 to present. (3 separate letters consolidated into this one request, see comments)
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 ore.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/Qublic/home.
D 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 determ_ination and direct response to you.
D We are continuing to process your request.
0 See Part I.D -- Comments.
PART I.A** FEES D You will be billed by NRC for the amount indicated. 0 Since the minimum fee threshold was not met, AMOUNT you will not be charged fees.
I I D You will receive a refund for the amount indicated.
$0.00 D
Due to our delayed response, you will not be D Fees waived.
charged search and/or duplication fees that would otherwise be applicable to your request.
PART 1.8 -- INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE 0
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.
0 You may appeal this final detenmination 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 (04-2018)
U.S. NUCLEAR REGULATORY COMMISSION RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST PART I.D -- COMMENTS NRC RESPONSE NUMBER I NRC-2018-00070811 1
RE~~~SE D INTERIM I./ I FINAL This response also acknowledges receipt of your three requests, by letters each dated June 29, 2018, all submitted together and received by this office on July 26, 2018. The NRG aggregates requ.ests in determining search and duplication to be provided without charge as provided *in Part 1.A of this form, if the NRG "finds a requester, or group of requesters acting in concert, has filed multiple requests that actually constitute a single request, and that the requests involve clearly-related matters." Given that you submitted these three requests on the same day, and all relate to National Security Letters, which constitute "similar matters" within the meaning of this regulation, we have aggregated these requests for purposes of assessing fees.
Signature - Freedom of Information Act Officer or Designee Stephanie A. Blaney
( Digitally signed by Stephanie A. Blaney
/ *Bate: 2018.11.15 08:31 :46 -05'00'