ML19092A400

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NRC-2018-000008 - Resp 1 - Final
ML19092A400
Person / Time
Issue date: 04/01/2019
From: Stephanie Blaney
Information Services Branch
To: Tarver J
- No Known Affiliation
References
FOIA, NRC-2018-000008
Download: ML19092A400 (3)
v • d • e


Text

NRC FORM 464 Part I U.S. NUCLEAR REGULATORY COMMISSION NRC RESPONSE NUMBER I *II I (04-2018)

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.: 'l. RESPONSE TO FREEDOM OF 2018'-000008 l

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/!! INFORMATION ACT (FOIA) REQUEST RESPONSE

..; TYPE D INTERIM [ZJ FINAL REQUESTER: DATE:

!Julian Tarver DESCRIPTION OF REQUESTED RECORDS:

I.I 04/01/2019 I

ML091610487, ML091630458, ML102420726, ML100191964~ MLl 10240620, MLI 10970468, ML092290290, ML092380279 PART I. ** INFORMATION RELEASED

[Z] . The NRC has made some, or all, of the requested records publicly available through one or more of the following means:

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

0* Agency records subject to the request ~re enclosed.

Records D that agencysubject to the request that contain information originated by or of interest to another Federal agency have been referred to (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. -c PART I.A -- FEES AMOUNT D You will be billed by NRC for the amount indicated.

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

11 11 D You will receive a refund for the amount indicated.

D Due to our delayed response, you will not be D Fees waived. .. , . * ~harged search and/or duplication fees that would otherwise be applicable to your request.

PART 1.8--INFORMATION.NOT LOCATED ORWITHHELD 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 st;mdard notification .given to au* requesters; it should not be taken to mean that any excluded records do, or do not, exist.

[Z] 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.

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PART 1.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.

lfwe "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, o"r send a letter to: Office of Government Information Services, Natjonal Archives and Records Ad.ministration, 8601 Adelphi Road, College Park, MD 20740-6001. For additional information about OGIS, please visit the OGIS website at httgs://www.archives.gov/ogis.

NRC FORM 464 Part i u;s. NUCLEAR REGULATORY COMMISSION _ _ _ _ _~

,_N_Rc RESPONSE NUMBER (04-2018)

RESPONSE TO FREEDOM OF , 1 2018-000008 -11 1 INFORMATION ACT (FOIA) REQUEST RESPONSE TYPE D INTERIM I./ I FINAL PART I.D -- COMMENTS In regards to ML091610489, we made every effort to locate the ovo* enclosure but was unsuccessful.

Also, please note that ML102420726 contains a qraft of the Request for Additional Information (RAI). As a courtesy to you, we have provided the final version of the RAI, which is publicly available at ML101540419..*

Signature

  • Freedom of Information Act Officer or Designee

~ Digitally signed by Stephanie A. Blaney.

Stephanie A. Blariey (/-*"Gate: 2019.04.01 10:54:08 -04'00' I

NRC .FORM 464 Part II

  • U.S. NUCLEAR REGULATORY COMMISSION NRC (04-2018)

RESPONSE TO FREEDOM OF 1 2018-000008 INFORMATION ACT (FOIA) REQUEST DATE:

1 04101,2019 PART II.A -- APPLICABLE EXEMPTIONS Rec9rds 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 E~emption 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 s'eciions 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 co.ntractor proposals, except when incorporated inio the contract between the agency and the_

D Other:

Exemption 4: The wiihheld information is a_trade secret or confidential commercial.or financiai 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 an~ther 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).

IZ] ExempUori 5: The withheld information consists of interagency or intraag~ncy records that are nor~ally privileged in ci~il litigation.

IZ] Deliberative process privilege.

D Attorney work product privilege.

D Attorney-client priviiege.

r7] Exemption 6: The withheld information from a personnel, medical, or similar file, is exempted from public disclosure because its disc;losure would result l..Y_I in a clearly unwarranted invasion of personal privacy. ' . ,.,

  • D Exemption 7: The withheld information con~i~t~ of records compiled for law enforcement p~rposes and is being wit_hhel~ for th~ ~eason(s) indicated:

D (A) Disclosure c9uld reasonably be expected to interfere with an open enforcement proceeding.

D (C) .Disclosure could reasonably be expe~ted to-constitute an un~arranted invasion ~f persbnal privacy.

D. (D) The information consists of names and other information the disclosure of which could reasonably be expected to reveal identities of confidential 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(9) and 9,25(h) of the U.S. Nuclear Regulatory Commission regulations, the official(s) listed below have. made the determination to with~oJd certain information responsive t~ your request.

  • APPELLATE OFFICIAL DENYING OFFICIAL -. TITLE/OFFICE RECORDS DENIED EDO SECY I Stephanie Blaney lI FOIA Officer- 11 Predeci;ional Information, PII I IZI D I JI I D D Select Title/Office from drop-down list 11 I ID D Select Title/Office from drop-_down list 11 11 I I D .o Select Tille/Office from drop-down list 11 1*

NRC Form 464 Part II (04-2018)

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