ML19273A924
| ML19273A924 | |
| Person / Time | |
|---|---|
| Issue date: | 09/27/2019 |
| From: | Stephanie Blaney NRC/OCIO |
| To: | Tarver J - No Known Affiliation |
| References | |
| FOIA, NRC-2018-000372 | |
| Download: ML19273A924 (3) | |
Text
NRC FORM 464 Part I U.S. NUCLEAR REGULATORY COMMISSION NRC RESPONSE NUMBER (06-2019)
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f g RESPONSE TO FREEDOM OF I 2018-000372 11 1 I
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'!, INFORMATIO N ACT (FOIA) REQUEST RESPONSE TYPE D INTERIM [ZJ FINAL REQUESTER: DATE:
!Julian Tarver 11 09/27/2019 I*
DESCRIPTION OF REQUESTED RECORDS:
[1] Letter to Mick Mulvaney, 0MB Director, from the Commission, dated 10/30/2017 (and enclosures); [2] Letter to Representatives Trey Gowdy and Elijah Cummings from the Commission, dated 11/2/2017 (atid enclosures); and [3] Letter to Senators Lamar Alexander and Mike Simpson from Commission, dated 10/25/2017 (and enclosure).
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: (1) https://
0 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.gov/foiaonline/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 1.A--FEES.
Since the minimum fee threshold was not met, AMOUNT D You will be billed by NRC for the amount indicated.
0 you will not be charged fees.
11 D You will.receive a refund for the amount indicated.
D Due to our delayed response, you will not be 11 charged search and/or duplication fees that D Fees waived.
would otherwise be applicable to your request.
PART 1.8--INFORM ATION 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.
We have withheld certain information pursuant to the FOIA exemptions described, and for the reasons stated, in Part II.
0 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 d.ate of this response. If you submit an appeal by mail, 0 address it t6 the FOIA Officer, at U.S. Nuclear Regulatory Commission, Mail Stop T-6 A60M, 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. Please be sure to include on your submission that it is a "FOIA Appeal." Only a pre-registered user may file an appeal through FOIA Online, https://
foiaonline.gov/foiaonline/action/public/home. A user who has not registered an account prior to filing the initial FOIA request may still submit their. appeal by one of ttie above mentioned options.
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.gov/ogis.
NRC FORM 464 Part I U.S. NUCLEAR REGULATORY COMMISSION NRC RESPONSE NUMBER (06-2019)
RESPONSE TO FREEDOM OF* 1 201s-000372 1 11 INFORMATION ACT (FOIA) REQUEST RE~~~SE D INTERIM I./ I FINAL PART I.D - COMMENTS The Commission's letter.to Mick Mulvaney, Director, Office of Management & Budget, dated October 30, 2017, is available to the public in ADAMS as ML17268A351.
- As reflected _in the letter, there are nine enclosures:
Enclosure 1 is withheld in its entirety under FOIA exemption 7F
. Enclosure 2 is withheld in its entirety under FOIA exemption 7F Enclosure 3 is available to the public in ADAMS as ML17268A346 Enclosure 4 is withheld in part under FOIA exemption 7F Enclosure 5 is available to the public in ADAMS as ML17268A347 Enclosure 6 is available to the public in ADAMS as ML17268A348 Enclosure 7 is available to the public in ADAMS as ML17268A349 Enclosure 8 is available to the public in ADAMS as ML17268A350 Enclosure 9 is available to the*public in ADAMS as ML17303A870 The Commission's letter to Representatives Trey Gowdy and Elijah Cummings, dated November 2, 2017, is available to the public in ADAMS as ML173008387. There are three enclosures, which are also available to the public in ADAMS as ML17311A887, ML173008416, and ML173008410.
I.
The Commission's letter to Senators Lamar Alexander and Mike Simpson, dated October 25, 2017, and its enclosure, are available to the public in ADAMS as ML17291A301 and ML17291A300, respectively.
Since you have requested copies of the records responsive to your request, copies ofthe above-referenced records (with the exception of Enclosures 1, 2, and portions of 4) are enclosed.
This completes our processing of your request; we appreciate your patience.
Signature - Freedom of Information Act Officer or Designee
- stephanie A. Blaney* ,'/
'. Digitally signed by Stephanie A. Blaney
- Date: 2019.09.27 05:55:21 -04'00' I
NRC FORM 464 Part II U.S. NUCLEAR REGULATORY COMMISSION *~N_R_c_*--------.,
(04-2018)
RESPONSE TO FREEDOM OF I 2018-000372 _
1.NFORMATION ACT (FOIA) REQUEST DATE:
1 09121,2019 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 informat)on relates solely to the internal personnel 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 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:
~x~mption 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 tci 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 anpther type of confidential bu~iness (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 privHege.
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:
[ZJ 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 (D) !~~r~~~.rmation consists of names and other information the disclosure of which could reasonably be expected to reveal identities of confidential (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.
- [ZJ (F) Disclosure could reasonably be expected to endanger the life or physical safety of any individual.
D Other:
PART 11.B -- DENYING OFFICIALS
'1n 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.
AP PELLATE OFFICIAL DENYING OFFICIAL TITLE/OFFICE RECORDS DENIED . EDO SECY Rochelle Bavol Executive Assistant to the _Secretary I 11 sensitive cyberecurity-related information I D [Z]
11 I D D Select Title/Office from drop-down list I 11 11 I D D Select Title/Office from drop-down list I 11 I I I I Select Title/Office from drop-down list I I D D
NRC Form 464 Part II *(04-2018)