ML19172A279
| ML19172A279 | |
| Person / Time | |
|---|---|
| Issue date: | 06/11/2019 |
| From: | Karen Danoff NRC/OCIO |
| To: | Aguirre M Aguirre & Severson, LLP |
| References | |
| FOIA, NRC-2019-000304 | |
| Download: ML19172A279 (3) | |
Text
NRC FORM 464 Part I _ U.S. NUCLEAR REGULA TORY COMMISSION NRC RESPONSE NUMBER (04-2018)
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RESPONSE
TYPE D INTERIM 0 FINAL REQUESTER: DATE:
IMichael Aguirre 06/11/2019 11 I DESCRIPTION OF REQUESTED RECORDS:
Any records or communications related to the documents the NRC has referred to Southern California Edison (SCE) as a result of FOIA requests related to the safety violations occurring at San Onofre nuclear waste site in San Diego, California
- PART I. -- INFORMATION RELEASED The NRC 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) pul;llic 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/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.
0 See Part I.D -- Comments.
PART I.A -- FEES AMOUNT D You_ will be billed by NRC for the amount indicated.
0 Since the minimum fee threshold you will not be charged fees.
W!3S not met, I
$0.00 I D You will receive a refund for the amount indicated.
D Due to our delayed response, you will not be tJ Fees waived. charged search and/or duplication fees that would otherwise be applicable to your request.
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"). 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.
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, 0 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 20740-6001. For additional information about OGIS, please visit the OGIS website at https://www.archives_gQVLQgis..
NRC FORM 464 Part I U.S. NUCLEAR REGULATORY COMMISSION NRC RESPONSE NUMBER (04-2018)
RESPONSE TO FREEDOM OF 1 2019-00304 1 11 INFORMATION ACT (FOIA) REQUEST RESPONSE TYPE .D INTERIM I./ I FINAL PART I.D -- COMMENTS Whenever records received from a licensee are determined to be responsive to a FOIA request; in accordance with the FOIA, 5 U.S.C. 552 and Executive Order 12,600, our office informs the licensee of the FOIA request and solicits their views respecting their proprietary (or other) interests in the records that are responsive to the FOIA request. The records deemed responsive to your prior FOIA requests (as described above), which we referred to Southern California Edison (SCE) are currently pending review by our agency. The disposition of these records will be provided in our agency's response to the respective FOIA requests.
We have enclosed copies of our communications with SCE (other than the records themselves, as stated above), subject to modest redactions. To the extent our office has received SCE's input as to the nature of their interests (if any) in the records, such input will be considered, along with NRC staff's disclosure recommendations, by the FOIA Officer in making her disclosure determination on the SCE records. Accordingly, at this time, they are being withheld in their entirety under FOIA exemption 5 as it incorporates the deliberative process privilege:
Signature - Freedom of Information Act Officer or Designee i Digitally signed by Karen E. Danoff Karen E. Danoff /~"-Date: 2019:06.11 12:55:05 -04'00'
NRC FORM 464 Part 11 U.S. NUCLEAR REGULATORY COMMISSION NRC (04-2018)
RESPONSE TO FREEDOM OF 1 2019-000304 INFORMATION ACT (FOIA) REQUEST DATE:
1 06111,2019 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 Ex~cutive Order protecting national security information.
D Exemption 2: The withheld information relates solely to the internal person.nel rules and practices of NRG.
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 Seciion 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 ~ecret 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).
[ZJ Exemption 5: The withheld information consists of interagency or intraagency records that are normally privileged in civil litigation.
[ZJ Deliberative process privilege.
D Attorney work product privilege.
D Attorney-client privilege.
r,i Exemption 6: The withheld information from a personnel, medical, or similar file, is exempted from public disclosure b_ecause its disclosure would result
~ 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 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 circ(Jmvention of the law.
D* (F) Disclosure could reasonably be expected to endanger ihe life or physical safety of any individual.
D Other:
PART ILB -- 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 withhol~ certain information responsive to your request.*
APPELLATE OFFICIAL
. DENYING OFFICIAL TITLE/OFFICE RECORDS DENIED EDO SECY I Stephanie Blaney [ZJ D 11 FOIAOfficer 11 Deliberative process material; cell #s I
I I D D Select Title/Office from drop-down list 11 11 I ID D Select Title/Office from drop-down list 11 11 I 11 Select Title/Office from drop-down list 11 I D D
NRC Form 464 Part II (04-2018)