ML19170A296

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NRC-2019-000333 - Resp 1 - Final
ML19170A296
Person / Time
Issue date: 06/14/2019
From: Stephanie Blaney
NRC/OCIO
To: Kick R
- No Known Affiliation
References
FOIA, NRC-2019-000333
Download: ML19170A296 (3)
v • d • e


Text

NRC FORM 464 Part I U.S. NUCLEAR REGULATORY COMMISSION NRC RESPONSE NUMBER (04-2018) 1 2019-000333 1 RESPONSE TO FREEDOM OF 11 INFORMATION ACT (FOIA) REQUEST RESPONSE TYPE D INTERIM I./ I FINAL REQUESTER: DATE:

!Russ Kick 11 06/14/2019 DESCRIPTION OF REQUESTED RECORDS:

FOIA request log covering 2017, which includes a field showing the subject of each request and a field for the final disposition PART I. --INFORMATION RELEASED The NRG has made some, or all, of the requested records publicly available through one or more of the following means:

D (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.

[Z] 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.

[Z] See Part I.D -- Comments.

PART I.A -- FEES Since the minimum fee threshold was not met, .

You will be billed by NRG for the amount indicated. [Z] you will not be charged fees.

You will receive a refund for the amount indicated.

Due to our delayed response, you will not be 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 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"). See 5 U.S.C. 552(c). This is a standard notification given to all requesters; it should Mt 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.

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 D 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. If you submit an appeal by mail,

[Z] 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 n:iay fax an appeal to (301) 415-5130. Or you may submit an appeal through FOIA Online, https://foiaonline.regulations.gov/foia/action/public/horne. 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.

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, 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 164 Part I U.S. NUCLEAR REGULATORY COMMISSION NRC RESPONSE NUMBER (04-2018) ~.....,.

1 2019-000333 i.

RESPONSE TO FREEDOM OF I

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11

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INFORMATION ACT (FOIA) REQUEST RESPONSE TYPE D INTERIM I./ I FINAL PART I.D -- COMMENTS We understood your request to be seeking a log of FOIA requests and appeals received by the U.S. Nuclear Regulatory Commission's FOIA office during calendar year 2017; the enclosed log reflects all of these requests and appeals. Please note that, if there is no date in the CLOSED column, the request remains pending. Please also note that our office changed information systems in November 2017. For many of the requests/appeals on the log that had closed before this change, the final disposition did not migrate with the rest of the items of information. Accordingly, the DISPOSITION column for these migrated requests or.appeals will be blank.

Signature - Freedom of Information Act Officer or Designee

\*. Digitally signed by Stephanie A. Blaney

,Stephanie A. Blaney "

'Date
2019.06.1412:35:15-04'00'

NRC FORM 464 Part II U.S. NUCLEAR REGULATORY COMMISSION NRC (04-2018) ...., 01-9--00-0-33_3_*...,,.

RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST DATE:

1 0611412019 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 with~eld 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 fin.ancial information that is being withheld for the reason(s)

D indicated.

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).

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 Attorney-client privilege.

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

  • D Exemption 7: The withh~ld information consists of records ~ompiled for law enforcement pur~oses 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 fnvestigations 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 1* Stephanie A Blaney FOIA-Officer I third party PII I 0 D 11 I I 11 Select Title/Office from drop-down list 11 D D I 11 Select Title/Office from drop-down list 11 D- D I

Select Title/Office from drop-down list I D D I 11 -,

NRG Form 464 Part II (04-2018)

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