ML19015A175
| ML19015A175 | |
| Person / Time | |
|---|---|
| Issue date: | 01/11/2019 |
| From: | Stephanie Blaney Information Services Branch |
| To: | Tarver J - No Known Affiliation |
| References | |
| FOIA, FOIA/PA-2017-0316, NRC-2017-000314 | |
| Download: ML19015A175 (3) | |
Text
NRC FORM 464 Part I U.S. NUCLEAR REGULATORY COMMISSION NRC RESPONSE NUMBER (04-2018)
+~<>"'"°"<.>o INRC-2017-00031411 ti ~ RESPONSE TO FREEDOM OF I
~ , :
'I, INFORMATION ACT (FOIA) REQUEST
RESPONSE
TYPE D INTERIM 0 FINAL REQUESTER: DATE:
!Julian Tarver DESCRIPTION OF REQUESTED RECORDS:
II 01/11/2019 I
SECY Papers: SECY-05-0012, Jan 2005 Public Citizens Request For Hearing; SECY-05-0009, Jan 2005 Yucca Mountain Application; SECY-05-0010, Jan 2005 Post 9/11 environment; SECY-05-0064, April 2005 Agency wide emergency preparedness PART I. --INFORMATION RELEASED 0 The NRG 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 NRG Public Document Room; or FOIA Online, https://foiaonline.regulations.gov/foia/action/public/home.
0 Agency records subject to the request are enclosed.
Records subject to the request that contain information originated by or of interest to another Federal agency have been referred to D that agency (See Part I.D -- Comments) for a disclosure determination and direct response to you.
D We are continuing to process your request.
D See Part I.D - Comments.
PART I.A -- FEES AMOUNT D You will be billed by NRG for the amount indicated.
0 Since the minimum fee threshold was not met, you will not be charged fees.
I D You will receive a refund for the amount indicated.
$0.00 Due to our delayed response, you will not be I
D Fees waived. D charged search and/or duplication fees that would otherwise be applicable to your request.
PART 1.8--INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE D We did not locate any agency records responsive to your request. Note: Agencies may treat three discrete categories of law enforcement and national security records as not subject to the FOIA ("exclusions"). See 5 U.S.C. *552(c). This is a standard.
notification given to all requesters; it should not be taken to mean that any excluded records do, or do not, exist.
0* We have withheld certain information pursuant to the FOIA exemptions described, and for the reasons stated, in Part II.
D Because this is an interim response to your request, you may not appeal at this time. We will notify you of your right to appeal any of the responses we have issued in response to your request when we issue our final determination.
0 You may appeal this final determination within 90 calendar days of the date of this response. If you submit an appeal by mail, address it to the FOIA Officer, at U.S. Nuclear Regulatory Commission, Mail Stop T-2 F43, Washington, D.C. 20555-0001. You may submit an appeal by e-mail to"FOIA.resource@nrc.gov. You may fax an appeal to (301) 415-5130. Or you may submit an appeal through FOIA Online, https://foiaonline.regulations.gov/foia/action/public/home. Please be sure to include on your submission that it.
is a "FOIA Appeal."
PART I.C --REFERENCES AND POINTS OF CONTACT You have the right to seek assistance from the NRC's FOIA Public Liaison by submitting your inquiry at https://www.nrc.gov/reading-rm/
foia/contact-foia.html, or by calling the FOIA Public Liaison at (301) 415-1276.
If we have denied your request, you have the right to seek dispute resolution services from the NRC's Public Ljaison or the Office of Government Information Services (OGIS). To seek dispute resolution services from OGIS, you may e-mail OGIS at ogis@nara.gov, send a fax to (202) 741-5789, or send a letter to: Office of Government Information Services, National Archives and Records Administration, 8601 Adelphi Road, College Park, MD 20740-6001. For additional information about OGIS, please visit the OGIS website at https://www.;;!rQhives gov/ogis.
NRC FORM 464 Part I U.S. NUCLEAR REGULATORY COMMISSION NRC RESPONSE NUMBER (04-2018)
-RESPONSE TO FREEDOM OF INRC-2017-0003141 I INFORMATION ACT (FOIA) REQUEST RE~~~SE D INTERIM I./ I FINAL PART I.D -- COMMENTS The Commission has determined that SECY-05-0010 (ML043090445) and SECY-05-0064 (ML050280329) may be released in their entirety; they are now available in public ADAMS. Copies ar~ enclosed.
- The Commission has determined that SECY-05-0009 and SECY-05-0012 may be released in part. Copies are enclosed.
Signature
- Freedom of Information Act Officer or Designee j1 Digitally signed by Stephanie A. Blaney Stephanie A. Blaney / 'Date: 2019.01.11 08:36:27 -05'00'
NRC FORM 464 Part II U.S. NUCLEAR REGULATORY COMMISSION NRC (04-2018)
RESPONSE TO FREEDOM OF I NRC-2017-0003141 INFORMATION ACT (FOIA) REQUEST DATE:
1 01,11,2019 PART II.A -- APPLICABLE EXEMPTIONS Records subject to the request are being withheld in their entirety or in part under the FOIA exemption(s) as indicated below (5 U.S.C. 552(b)).
D Exemption 1: The withheld information is properly classified pursuant to an Executive Order protecting national security information.
D Exemption 2: The withheld information relates solely to the internal personnel rules and practices of NRC.
D Exemption 3: The withheld information is specifically exempted from public disclosure by the statute indicated.
D Sections 141-145 of the Atomic Energy Act, which prohibits the disclosure of Restricted Data or Formerly Restricted Data (42 U:S.C. 2161-2165).
D Section 147 of the Atomic Energy Act, which prohibits the disclosure of Unclassified Safeguards Information (42 U.S.C. 2167).
D 41 U.S.C. 4702(b), which prohibits' the disclosure of contractor proposals, except when incorporated. into the contract between the agency and the 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 contrnl 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 confidentiai business (proprietary) information.
D The information was submitted by a foreign source and received in confidence pursuant to 10 CFR 2.390(d)(2).
[ZJ Exemption 5: The .withheld information consists of interagency* or intraagency records that are normally pri~ileged in civil litigation.
[ZJ Deliberative process privilege.
D. Attorney work product privilege.
D Attorney-client privilege.
Exemption 6: The withheld information from a personnel, medical, or similar file, is exempted from public disclosure because its disclosure would result D in a clearly unwarranted invasion of personal privacy.
- D Exemption 7: The withheld information consists of records compiled for law enforcement puiposes and is being withheld for the reason(s) indicated.
- D (A) Disclosure could reasonably be expected to interfere with an open enforcement proceeding.
D (C) Disclosure could reasonably be expected.to constitute an unwarranted invasion of personal privacy.
(D) The information consists of names and other information the disclosure of which could reasonably be expected to reveal identities of confidential D sources.
(E) Disclosure would reveal techniques and procedures for law enforcement investigations or prosecutions, or guidelines that could reasonably be D expected to risk circumvention of the law.
D (F) Disclosure could reasonably .be expected to endanger the life or physical safety of any individual.
D Other:
PART 11.B -- DENYING OFFICIALS In accordance with 10 CFR.9.25(g) and 9.25(h) of the U.S. Nuclear Regulatory Commission regulations, the official(s) listed below have made the determination to withhold certain information responsive to your request.
APPELLATE OFFICIAL DENYING OFFICIAL TITLE/OFFICE RECORDS DENIED EDO *SECY Rochelle Bavol I
Executive Assistant to the Secretary I
Predecisional and deliberative content D [Z]
I D D Select Title/Office from drop-down list I 11 11 I I D D Select Title/Office from drop-down list 11 11 I D D Select Title/Office from drop-down list I I 11 NRC Form 464 Part II (04-2018)