ML19283A106

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NRC-2018-000309 - Resp 1 - Final
ML19283A106
Person / Time
Issue date: 10/03/2019
From: Stephanie Blaney
Information Services Branch
To: Grimmer J, Judge-Lord D, Powell E
Correspondence Research Project
References
FOIA, NRC-2018-000309
Download: ML19283A106 (3)
v • d • e


Text

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

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RESPONSE TO FREEDOM Oi= INRC-2018-00030911 1 I

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i INFORMATION ACT (FOIA) REQUEST

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TYPE D INTERIM 0 FINAL REQUESTER: / DATE:

10/03/2019

!Eleanor Powell 11 I DESCRIPTION OF REQUESTED RECORDS:

All NRC Congr~ssional Correspondence Logs or other records that track Congressional communications, including those maintained by component, regional or program offices, for correspondence received between January 1, 2007 and January 24,2018 PART I. -- INFORMATION RELEASED D 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.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 was not met, you will not be charged fees.

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

$0.00 I

D Fees waived. *D Due to our delayed response, you will not be 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 th.is 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 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.an;;hives.gov/ogis.

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

RESPONSE TO FREEDOM OF INRC-2018-00030911 1 INFORMATIQN ACT (FOIA) REQUEST RESPONSE TYP.E D INTERIM I.t I FINAL PART I.D - COMMENTS The NRC is providing the following responsive records to you:

Two LTR (incoming) reports -for documents received from January 1, 2007 - December 31, 2014 and from July 19, 2017 - January 24, 2018. Both are being provided in part under EX. (b)(6),

The NRC had prior FOIA requests for incoming (LTR) congressional correspondence.

The following dates are already publicly available in ADAMS and are also responsive to the request:

  • Pages 4 - 10 CY 2015, CY 2016, January 1, 2017 - January 19*, 2017 and April 12, 2017 - July 18, 2017 ML17300A028, Open ADAMS Document (FOIA/PA-2017-0612- Resp 2 - Final.)

lnteri'1]. Agency Records Subject to The Request Are Enclosed).

I . ,

Five CORR logs (Commission Correspondence/Chairman Correspondence).

  • 2007 Correspondence Log - this log contains 164 records. Of the 164 records, 103 are non-responsive because they are non-congressional, canceled, or not received during the requested time frame. These non-congressional records have been marked non-responsive and will not be provided.
  • 2012 Correspondence Log - this log contains 135 records. Of the 135 records, 68 are non-responsive because they are non-:-congressional or canceled. These non-congressional records have been marked non-responsive and will not be provided.
  • 2013 Correspondence Log - this log contains 129 records. Of the 129 records, 74 are non-responsive because they are non-congressional, canceled or revised. These non-congressional records have been marked non-responsive and will not be provided.
  • 2017 Correspondence Log (from July 19, 2017- December 31, 2017 only)-this log contains 43 records. Of the 43 records, 16 are non-responsive because they are non-congressional. These non-congressional records have been marked*

non-responsive and will not be provided.

  • 2018 Correspondence Log (from January 1, 2018 - January 24, 2018 only) - this log contains 7 records. Of the 7 records, 2 are non-responsive because they are non-congressional. These non-congressional records have been marked non-responsive and will not be provided.

The NRC also had prior FOIA requests for outgoing correspondence. The following dates are already publicly available in ADAMS and are also respqnsive to the request:

Please note: Records with a ML Accession Number are publicly available in the NRC's Public Electronic Reading Room at http:www.nrc.gov/reading-rm.html. If you need assistance in obtaining these records, please contact the NRC's Public Documents Room (PDR) at 301-415-4737 or 1-800-397-4209, or by Email to PDR.Resource@nrc.gov.

Signature - Freedom of Information Act Officer or Designee Digitally signed by Stephanie A. Blaney Stephanie A. Blaney Date: 2019.10.0314:16:38-04'00' I

NRC FORM 464 Part II U.S. NUCLEAR REGULA TORY COMMISSION NRC (04-2018)

RESPONSE TO FREEDOM OF INRC-2018-0003091 INFORMATION ACT (FOIA) REQUEST DATE:

1 1010312019 PART II.A -- APPLICABLE EXEMPTIONS*

Records subject to the request are being wi~hheld 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 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 oft~e 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 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).

D Exemption 5: The withheld information consists of iriteragency or intraagericy records that are normally privileged in civil litigation.

D Deliberative process privilege.

D Attorney work product privilege.

D Attorney-client privilege.

171 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: Th~ 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.

(El 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.

[ZJ Other. non responsive 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 SECY EDD I Stephanie Blan.ey FOIA Officer responsive records D D 11 I I I Select Title/Office from drop-down list I D D I I Select.Title/Office from drop-down list j D D Select Titte/Office from drop-down list D D I I NRC Form 464 Part II (04-2018)

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