ML19319B305
| ML19319B305 | |
| Person / Time | |
|---|---|
| Issue date: | 11/13/2019 |
| From: | Stephanie Blaney NRC/OCIO |
| To: | Curran D Harmon, Curran, Harmon, Curran, Spielberg & Eisenberg, LLP |
| Shared Package | |
| ML19319B303 | List: |
| References | |
| FOIA, NRC-2018-000831 | |
| Download: ML19319B305 (3) | |
Text
NRC FORM 464 Part I U.S. NUCLEAR REGULATORY COMMISSION NRC RESPONSE NUMBER
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INFORMATION ACT (FOIA) REQUEST
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RESPONSE
TYPE 0 INTERIM D FINAL REQUESTER: DATE:
loiane Curran DESCRIPTION OF REQUESTED RECORDS :
II 11/13/2019 I
Records generated or received by NRC relating to past, existing or proposed harvesting of aged materials from operating reactors and decommission ing or decommissioned reactors, from I /I /I 5 to I 0/2/ 18. See Part I.D for additional infonnation.
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) ~
[Z] www.nrc. gov; (2) public ADAMS, https"//www.nrc.gov/read ing-rm/adams.html; (3) microfiche available in the NRC Public Document Room ; or FOIA Online, https://foiaonl ine. gov/foiaonlin~/action/12ublic/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 .
[Z] We are continuing to process your request.
[Z] See Part I.D -- Comments .
PART I.A -- FEES AMOUNT D You will be billed by NRC for the amount ind icated.
D 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. 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 req uest. 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 al l requesters; it should not be taken to mean that any excluded records do, or do not, exist.
[Z] We have withheld certa in information pursuant to the FOIA exemptions described, and for the reasons stated, in Part II.
[Z] Because this is an interim response to your req uest, 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 fina l determ ination .
D 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-6 A60M , Washington, D.C. 20555-0001 . You may submit an appeal by e-mail to FO IA.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, httJ2.sJL foiaonline.g ov/foiaonli ne/action/pub lic/home. A user who has not reg istered an account prior to filing the inhial FOIA request may still subm it their appeal by one of the 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/conta ct-foia.htm l, or by calling the FOIA Public Liaison at (301) 415-1 276 .
If we have denied your request, you have the right to seek dispute reso lution 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@na ra.gov, send a fax to (202) 741 -5789, or send a letter to: Office of Government Information Services, National Archives and Records Adm inistration ,
8601 Adelph i Road, College Park, MD 20740-6001 . For additional information about OGIS, please visit the OGIS website at bttps*//www..a_~s.go'i//ogis.
NRC FORM 464 Part I U.S. NUCLEAR REGULA TORY COMMISSION NRC RESPONSE NUMBER (06-2019) .,..-2-0-18--0-0-08_3_1-
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..... INFORMATION ACT (FOIA) REQUEST RE~~;sE [l] INTERIM FJNAL PART I.D - COMMENTS This second interim response includes additional documents provided by the NRC Office of Nuclear Regulatory Research (RES) that can either be released in their entirety or only contained information withheld under FOIA Exemption 8(6).
We are continuing to process the remaining records from RES, that will be included in the next interim release.
We are also waiting for the final response for the internal records generated within the Office of the Commission from the Office of the Secretary (SECY), related to a portion of #1 in your request.
Signature - Freedom of Information Act Officer or Deslanee Digitally signed by Stephanie A Blaney Stephanie A. Blaney Date: 2019.11.13 09:35:22 -05'00'
NRC FORM 464 Part II U.S. NUCLEAR REGULATORY COMMISSION NRC (04-2018)
RESPONSE TO FREEDOM OF 1 201a-oooa31 INFORMATION ACT (FOIA) REQUEST DATE:
1 11,1312019 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 ind icated 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 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 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 interagency or intraagency records that are normally privileged in civil litigation .
D Deliberative process privilege.
D Attorney work product privilege.
D Attorney-client privilege.
Exemption 6: The withheld information from a personnel, med ical, or similar file, is exempted from public disclosure because its disclosure would result 1/1 l!.J in a clearly unwarranted invasion of personal privacy.
D Exemption 7: The withheld information consists of records compiled for law enforcement purposes and is be ing 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 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 EOO SECY Stephanie Blaney I
FOIAOfficer I
Porlions of emails containing PI I or meeting passcodes. 0 D I 11 Select Title/Office from drop-down list 11 I D D I 11 Select Title/Office from drop-down list 11 I D D I I D D Select Title/Office from drop-down li st I 11 NRC Form 464 Part II (04-2018)