Text

NRC-2020-000322 - Resp 1 - Final. Agency Records Subject to Request Enclosed
	ML20272A113
Person / Time
Issue date:	09/25/2020
From:	Stephanie Blaney; NRC/OCIO
To:	; - No Known Affiliation
Shared Package
ML20272A111	List: ML20272A113;
References
	FOIA, NRC-2020-000322
	Download: ML20272A113 (53)
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NRC FORM 464 Part I U.S. NUCLEAR REGULATORY COMMISSION NRC - RESPONSE NUMBER (06-2020)

RESPONSE TO FREEDOM OF 2020-000322 1 INFORMATION ACT (FOIA) REQUEST RESPONSE TYPE INTERIM FINAL REQUESTER: DATE:

Julian Tarver 09/25/2020 DESCRIPTION OF REQUESTED RECORDS:

Copies of the FOIA requests as follows: [1] 2018 requests, whose reference numbers end in 252, 254, 256, 261, 264, 286, 296, 309, 311, 322, 324, 409, 413, 418, 420, 437, 439, 477 and 483; [2] 2019 requests, whose reference numbers end in 250 and 251; and [3] 2020 requests, whose reference numbers end in 36 and 48.

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://

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.

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 that agency (See Part I.D -- Comments) for a disclosure determination and direct response to you.

We are continuing to process your request.

See Part I.D -- Comments.

PART I.A -- FEES You will be billed by NRC for the amount indicated. Since the minimum fee threshold was not met, AMOUNT 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. charged search and/or duplication fees that would otherwise be applicable to your request.

PART I.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 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.

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.

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 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 an 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/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 (06-2020)

RESPONSE TO FREEDOM OF 2020-000322 1 INFORMATION ACT (FOIA) REQUEST RESPONSE TYPE INTERIM FINAL PART I.D -- COMMENTS This also serves to acknowledge receipt of your request. Due to the pandemic and NRC's telework policy, the FOIA Office did not receive your request until September 24, 2020.

Please note the following. In four of the requests you specified, the requester entered the description of the records being requested directly into FOIAonline. As such, there is no physical request to provide you. As a courtesy, we have run a report in FOIAonline that captures the same items of information that you would have gleaned from the requests themselves. Finally, the request in NRC-2020-000048 was directed to the FBI; the FBI consulted with NRC as to its equities on certain records the FBI had located.

Only personally identifiable information (PII) of the requesters (or an individual on whose behalf a request was made) has been redacted from these records on the basis of FOIA exemption 6. See Part II.

Signature - Freedom of Information Act Officer or Designee Stephanie A. Blaney Digitally signed by Stephanie A. Blaney Date: 2020.09.25 10:28:24 -04'00'

NRC FORM 464 Part II U.S. NUCLEAR REGULATORY COMMISSION NRC -

(06-2020)

RESPONSE TO FREEDOM OF 2020-000322 INFORMATION ACT (FOIA) REQUEST 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)).

Exemption 1: The withheld information is properly classified pursuant to an Executive Order protecting national security information.

Exemption 2: The withheld information relates solely to the internal personnel rules and practices of NRC.

Exemption 3: The withheld information is specifically exempted from public disclosure by the statute indicated.

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).

Section 147 of the Atomic Energy Act, which prohibits the disclosure of Unclassified Safeguards Information (42 U.S.C. 2167).

41 U.S.C. 4702(b), which prohibits the disclosure of contractor proposals, except when incorporated into the contract between the agency and the submitter of the proposal.

Other:

Exemption 4: The withheld information is a trade secret or confidential commercial or financial information that is being withheld for the reason(s) indicated.

The information is considered to be proprietary because it concerns a licensee's or applicant's physical protection or material control and accounting program for special nuclear material pursuant to 10 CFR 2.390(d)(1).

The information is considered to be another type of confidential business (proprietary) information.

The information was submitted by a foreign source and received in confidence pursuant to 10 CFR 2.390(d)(2).

Exemption 5: The withheld information consists of interagency or intraagency records that are normally privileged in civil litigation.

Deliberative process privilege.

Attorney work product privilege.

Attorney-client privilege.

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

Exemption 7: The withheld information consists of records compiled for law enforcement purposes and is being withheld for the reason(s) indicated.

(A) Disclosure could reasonably be expected to interfere with an open enforcement proceeding.

(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 sources.

(E) Disclosure would reveal techniques and procedures for law enforcement investigations or prosecutions, or guidelines that could reasonably be expected to risk circumvention of the law.

(F) Disclosure could reasonably be expected to endanger the life or physical safety of any individual.

Other:

PART II.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 INFORMATION DENIED EDO SECY OIG Stephanie A. Blaney FOIA Officer PII of third parties Select Title/Office from drop-down list Select Title/Office from drop-down list Select Title/Office from drop-down list NRC Form 464 Part II (06-2020)

CASE NO: NRC-2018-000252 DATE REC'D: 01/02/18 JOHN H. HASKIN

& ASSOCIATES 255 NORTH ALABAMA STREET SECOND FLOOR INDIANAPOLIS, INDIANA 46204-2131 PHONENOICE (317) 955-9500 FAX (317) 955-2570 www.jhaskinlaw.com OF COUNSEL:

JOHN H. HASKIN, P.C.

BRADLEY L. WILSON RAYMOND J. HAFSTEN, JR.

PAUL A. LOGAN ERIC J. HARTZ KEENAN D. WILSON SAMUEL M. ADAMS SHANNON L. MEL TON TYLER S. LEMEN December 7, 2017 VIA CERTIFIED MAIL AND FIRST CLASS MAIL Freedom of Information and Privacy Act Officer U.S. Nuclear Regulatory Commission Mail Stop 0-4 A15 Washington, DC 20555-0001 RE: FOIA/PA Appeal of an Initial Determination FOIA/PA-2018-0044

Dear Freedom of Information and Privacy Act Officer,

On November 7, 2017, I requested documents under the Freedom of Information Act. My request was assigned the following identification number: PA-2018-0044. On November 20, 2017, I received a denial of my request in a letter signed by Stephanie A. Blaney. I appeal the denial of my request.

My initial request was for the records of a former NRC employee. In the initial denial, the Privacy Act Officer indicated that the personnel records could not be released without consent of the named individual. I have.now included a signed affidavit granting the NRC consent to release the requested records.

1

Thank you for your consideration of this appeal.

2

AUTHORIZATION FOR RELEASE OF INFORMATION TO: United States Nuclear Regulatory Commission Washington, DC 20555-0001 This release authorizes the United States Nuclear Regulatory Commission ("NRC) to release for copying or provide copies to Attorney Bradley L. Wilson of John H. Haskin &

Associates, 255 North Alabama Street, Second Floor, Indianapolis, Indiana 46204, the NRC's files on Dr. Bradly Keck. Please provide a complete copy of the NRC's files including the final NRC documents and the Office of Investigations reports.

(b) (6)

Address (b) (6)

City, State, Zip (b) (6)

Date of Birth (b) (6)

Social Security Number STATE OF --~-t\i_w_*_ )

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COUNTY OF --'b,c__u;_*:t1):':_~.......:r7_.::..._.

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Before me, a Notary P_ubl~c for said Co~z...r-aµd State, p rsonally ,appeared Bradly Keck, and acknowledged the foregomg mstrument this . *'..1 day of i1'1'11"2e/7 0 l 7.

My commission expires: ~/:

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CASE NO: NRC-2018-000254 DATE REC'D: 01/03/2018 From: Cody Combs To: FOIA Resource

Subject:

[External_Sender] FOIA Request Date: Tuesday, January 02, 2018 12:11:27 PM Pursuant to the Freedom of Information Act, WWMT-CBS News 3 is requesting the following information/records/documents:

Copies of available records pertaining an investigation involving fire safety checks performed at Palisades Nuclear Generating Station, located near Covert, Michigan.

In particular, we are looking for an interview transcript containing interview between investigator and a former security worker at Palisades, Peter Seif.

---The interview took place on January 26th, 2017 in Michigan. Interviewer was a man by the name of Gustav Warner (SP?). (We are also interested in obtaining the audio from the interview as well.)

In addition to the actual transcript and/or audio from the interview, we are looking to see the overall findings from the investigation concerning fire inspections.

WWMT agrees to pay any reasonable costs incurred in compiling these public records not exceeding

$100. If cost is greater, please contact WWMT at the number below.

If you have any questions, please contact me at (b) (6) .

CODY COMBS INVESTIGATIVE REPORTER, (b) (6)

WWMT NEWSCHANNEL 3 590 W. MAPLE KALAMAZOO, MICHIGAN 49008 Follow Me On Twitter Follow Me On Facebook cscombs@sbgtv.com

CASE NO: NRC-2018-000256 DATE REC'D: 01/03/2018 January 3, 2018 U.S. Nuclear Regulatory Commission FOIA/Privacy Officer Mail Stop T-5 F09 Washington, DC 20555-0001

[SENT BY EMAIL TO: FOIA.resource@nrc.gov]

To Whom It May Concern:

In 2012, 2014, 2015, and 2016 Public Citizens Health Research Group (HRG) submitted Freedom of Information Act (FOIA) requests for data relating to lifetime radiation exposure, by both length of employment and by calendar year, in nuclear power plant workers from 1977-2009, 1977-2010, and 1977-2011, respectively (see FOIA/PA-2012-00307, FOIA/PA-2014-00173, FOIA/PA-2016-00003, and FOIA/PA-2017-00123). You fulfilled those requests and we appreciated your efforts to get us the data in a prompt fashion.

We are writing today to request the same data for the years for which data have been made available since the 2016 FOIA request was fulfilled. Pursuant to 5 U.S.C. § 552 as amended, we specifically request:

1. Additional tables analogous to that in Appendix, Figure 1 (Career External Dose Distribution By Dose and Career Length At Reactor Facilities 1977- 2012) for each calendar year since 2012 (2013 and later) for which data are now available. We request that, if possible, these data again be sent as Excel files in order to minimize the potential for human error when manually transcribing the data from a PDF to an Excel file for analysis.

2. A revised version of the table in Appendix, Figure 2 (2016 Table5.7 FOIA Response),

as an Excel file, that includes lifetime radiation exposures by career length, which factors in all years since 2012 (2013 and later) for which data are now available.

If possible, please send digital copies of these documents by email to salmashat@citizen.org.

Please send us documents as they become available rather than waiting to assemble all of the requested documents. If it is your position that records exist that are responsive to this request, but that those records (or portions of those records) are exempt from disclosure, please identify the records that are being withheld and state the basis for the denial for each record being withheld. In addition, please provide the nonexempt portions of the records.

1

Fee Waiver Request Public Citizen, which has 400,000 members and supporters, is a nonprofit research, litigation, and advocacy organization that represents the public interest before Congress, the executive branch, and the courts. It fights for openness and democratic accountability in government; for social and economic justice in globalization and trade policies; for strong health, safety, human subjects and environmental protections; and for safe, effective and affordable medicines and health care. It is composed, in part, by its Health Research Group.

Public Citizen requests that all fees in connection with this FOIA request be waived in accordance with 5 U.S.C. § 552(a)(4)(A)(iii) and the eight-factor test under 10 C.F.R. § 9.41(b).

Our responses to each of 10 C.F.R. § 9.41(b)s eight criteria are as follows:

1. Describe the purpose for which you intend to use the requested information.

a. Public Citizen intends to use the information to inform the public debate on nuclear power. The documents being sought will allow the public to evaluate these exposures within the context of the broader debate over the benefits and risks of nuclear power. Public Citizen intends to make the information obtained as a result of this request publicly available on its freely accessible website, and through dissemination to the news media.

2. Explain the extent to which you will extract & analyze the substantive content of the records.

a. Public Citizen will extract and analyze the substantive content of the records sought through the current FOIA to the fullest extent possible. The requested records are composed of data on lifetime radiation exposure in nuclear power plant workers, which we will extract in their entirety for use in a subsequent report made available to the public.

3. Describe the nature of the specific activity or research in which the records will be used & the specific qualifications you possess to utilize information for the intended use in such a way that it will contribute to public understanding.

a. The requested information will be used for research and advocacy purposes, in the form of a published report. A group of medical researchers at Public Citizen will use the data to estimate the health risks incurred by nuclear power plant workers over the course of their working lifetime. 1 This will contribute to public understanding and debate on the risks and benefits of nuclear power.

1 A description of Public Citizens experts and their work is available at http://www.citizen.org/Page.aspx?pid=2499. Public Citizens Health Research Group has produced numerous reports similar to the one it intends to produce using the requested information. See Health Research Group Publications, available at www.citizen.org/hrgpublications.

4. Describe the likely impact on the public's understanding of the subject as compared to the level of understanding of the subject existing prior to disclosure.

a. The requested records are not currently available to the public. We expect that the responsive records will reveal data relating to the lifetime radiation exposure incurred by nuclear power plant workers who terminated their employment since 2011. The documents being sought will allow the public to evaluate these exposures within the context of the broader debate over the benefits and risks of nuclear power.

Because NRC does not make available to the public, on a regular basis, comprehensive, updated data on lifetime radiation exposures of nuclear power plant workers, the only information currently available on the issue is based on estimates in peer-reviewed literature. These estimates are, by definition, insufficient as a basis for a fully informed assessment, as they are uncertain approximations, based on partial data, of the true scale of lifetime exposure. 2 The release of data in the requested records, once disseminated along with the data received from NRC as a result of prior Public Citizen FOIA requests, will provide new information unlike anything else available and therefore make a significant contribution to the publics understanding of the issue of lifetime radiation exposure of nuclear power plant workers and inform potential regulation of such exposure, which NRC does not currently regulate. It will also reveal to the public the potential dangers to worker safety of which NRC is aware, and thus indicate how NRC has reacted to the implications of these non-public data in the past. The public unquestionably has an interest in this critical issue of worker safety and whether the government acts to regulate workplace dangers. See Citizens for Responsibility & Ethics in Washington v. U.S. Dept of Health & Human Servs.,

481 F. Supp. 2d 99, 116 (D.D.C. 2006) (stating that whether disclosure will significantly contribute to public understanding involves comparing the public understanding with and without the potential disclosure). No additional showing is required under FOIA. See id. at 118 (holding that release of information would significantly contribute to public understanding where the administrative record contain[ed] no indication that the records of [agency] contracts with public affairs organizations were already publicly available).

The publics current level of understanding of the lifetime radiation burden experienced by nuclear power plant workers is limited, given that comprehensive, updated data on lifetime exposures are not publicly released on a regular basis by 2

See e.g. Howe GR, Zablotska LB, Fix JJ, Egel J, Buchanan J. Analysis of the mortality experience amongst U.S.

nuclear power industry workers after chronic low-dose exposure to ionizing radiation. Radiat Res. 2004 Nov;162(5):517-26.

NRC. The release and subsequent dissemination of these most recent data, together with the data received from NRC as a result of prior Public Citizen FOIA requests, will therefore immediately enhance the publics understanding of this issue. The impact of this enhanced understanding, in turn, will be to inform future public discussion and debate concerning the occupational health risks experienced by nuclear power plant workers in the United States, and on whether current federal protections in place to mitigate these risks are sufficient.

5. Describe the size & nature of the public to whose understanding a contribution will be made.

a. Public Citizen has more than 400,000 members and supporters, and it disseminates free informationin the form of reports and other productsto the general public.

6. Describe the intended means of dissemination to the general public.

a. Public Citizen has several full-time staff who actively disseminate the results of our research on the Internet, including to our more than 400,000 members and supporters, hundreds of media outlets, and the general public through direct mail/email and posting to social media outlets, such as Twitter. Public Citizen also maintains several active blogs, including CitizenVox

[1], and two monthly newsletters, Worst Pills Best Pills News and Health Letter, for our members and the general public, respectively.

In addition, Public Citizen regularly releases information about its reports and other products to the media. Our work regularly garners national coverage in outlets such as Reuters, 3 the New York Times,4 and CBS News. 5 As these facts demonstrate, Public Citizen qualifies as a representative of the news media because it gathers information of potential interest to a segment of the public, uses its editorial skills to turn the raw materials into a distinct work, and distributes that work to an audience. 5 U.S.C. § 552(a)(4)(A)(ii).

7. Indicate if public access to information will be provided free of charge or provided for an access fee or publication fee.

3 Grover N. Watchdog urges FDA to revoke approval of Genzyme surgical implant. Reuters. July 7, 2015.

http://www.reuters.com/article/2015/07/07/us-sanofi-sa-implant-fda-idUSKCN0PH1DN20150707. Accessed January 3, 2018.

4 Tavernise S. Makers of Generic Drugs Challenge F.D.A. Plan for Updated Warnings. New York Times. March 27, 2015. http://www.nytimes.com/2015/03/28/science/makers-of-generic-drugs-challenge-fda-plan-for-updated-warnings.html. Accessed January 3, 2018.

5 Castillo M. Group asks FDA for black box warning on testosterone products due to heart risks. CBS. Feb. 25, 2014. http://www.cbsnews.com/news/group-asks-fda-for-black-box-warning-on-testosterone-products-due-to-heart-risks/. Accessed January 3, 2018.

a. Public Citizen is a non-profit, public interest organization. We intend to distribute information obtained from this request free of charge to the public.

8. Describe any commercial or private interest you or any other party has in the agency records sought.

a. Public Citizen does not have any commercial or private interest in the records sought.

If, however, a public interest fee waiver is not granted, please advise us of the estimated cost of fulfilling the request before conducting any work that would result in an assessment of any fees to Public Citizen.

Thank you for your prompt attention to this request.

Sincerely, Sammy Almashat, MD, MPH Researcher, Health Research Group Public Citizen 1600 20th St NW Washington, DC 20009 P: 202-588-7782 F: 202-588-7796 salmashat@citizen.org

Appendix (figures include data through 2011).

Figure 1. Career External Dose (DDE) Distribution By Dose and Career Length At Reactor Facilities, 1977-2011.

Table 5.7 Career External Dose (DDE) Distribution By Dose and Career Length At Reactor Facilities 1977 - 2011 Number of Persons in Dose Range (rems)

Career Length No Meas. .001 - .1 .1 - .5 .5 - 1 1-2 2-3 3-4 4-5 5 - 10 10 - 15 15 - 20 20 - 25 25 - 30 30 - 50 >=50 Grand Total

<=30 days 160,203 28,557 9,692 2,767 3,190 1,103 63 7 3 - - - - 1 - 205,586 31 days - 6 mos 74,748 42,568 26,341 8,863 7,028 2,488 1,183 304 48 3 2 - - - - 163,576 6 mos - 1 yr 32,996 18,226 10,462 3,282 2,551 1,235 675 301 246 3 - - - - - 69,977 1 - 2 yrs 29,965 19,341 12,938 4,948 4,036 1,824 1,022 618 757 34 2 1 - - - 75,486 2 - 3 yrs 14,607 11,260 8,496 3,566 3,179 1,562 857 565 947 103 9 1 - - - 45,152 3 - 4 yrs 9,202 8,073 6,479 3,118 2,772 1,375 753 472 892 168 32 3 1 - - 33,340 4 - 5 yrs 6,728 6,229 5,229 2,642 2,483 1,300 776 469 939 206 39 15 3 - - 27,058 5 - 10 yrs 16,874 18,688 16,061 8,357 8,814 4,925 3,060 2,075 4,450 1,207 401 131 49 23 2 85,117 10 - 15 yrs 6,851 9,688 8,925 4,763 5,430 3,313 2,226 1,643 3,949 1,328 545 246 108 91 6 49,112 15 - 20 yrs 3,256 5,640 5,547 3,039 3,446 2,241 1,598 1,186 3,334 1,318 540 310 175 166 7 31,803 20 - 25 yrs 1,565 3,417 3,564 1,965 2,281 1,559 1,090 865 2,518 1,208 560 328 193 235 35 21,383 25 - 30 yrs 558 1,693 2,036 1,144 1,357 938 764 582 1,736 888 510 273 149 208 34 12,870 30 - 35 yrs 169 504 736 453 600 381 272 260 752 431 264 154 107 147 21 5,251

>=35 yrs 33 80 143 90 129 87 62 53 167 103 50 51 23 59 13 1,143 Grand Total 357,755 173,964 116,649 48,997 47,296 24,331 14,401 9,400 20,738 7,000 2,954 1,513 808 930 118 826,854 Average Career Length for Individuals with Measurable Career Exposure: 6.09 yrs Average Career Dose for Individuals with Measurable Dose (667,376 rem / 469,099 persons): 1.42 rem Average Career Length for Individuals with Measurable Career Exposure and Careers Lengths of at Least One Year: 9.42 yrs Average Career Dose for Individuals with Measurable Dose with career length of at least one year (601,656 rem / 297,907 persons): 2.02 rem Values where individuals averaged 5 rem/yr during their career - established by querying cumulative dose divided by cumulative number of work years.

Values where individuals averaged 2 rem/yr during their career - established by querying cumulative dose divided by cumulative number of work years.

Only individuals that ended monitoring after 1977 but before 2011 are included in this analysis.

For career length and dose bins, values that are equal to the maximum end of the range are assigned to the next higher bin (i.e., a dose of 0.1 would be assigned to the 0.1-0.5 dose bin).

Figure 2. 2015 Table 5.7 FOIA Response.

Table 5.7 Career External Dose (DDE) Distribution By Dose and Career Length At Reactor Facilities Career Ending 2011 Dose Number of Persons in Dose Range (rems)

Career Length No Meas. .001 - .1 .1 - .5 .5 - 1 1-2 2-3 3-4 4-5 5 - 10 10 - 15 15 - 20 20 - 25 25 - 30 30 - 50 >=50 Grand Total

<=30 days 2,920 473 113 10 1 - - - - - - - - - - 3,517 31 days - 6 mos 1,912 776 256 23 - - - - - - - - - - - 2,967 6 mos - 1 yr 1,530 878 294 33 4 - - - - - - - - - - 2,739 1 - 2 yrs 938 571 391 65 19 5 - - - - - - - - - 1,989 2 - 3 yrs 479 380 327 69 30 5 - - - - - - - - - 1,290 3 - 4 yrs 239 234 179 57 35 9 3 - 3 - - - - - - 759 4 - 5 yrs 215 194 197 78 36 10 2 - 1 - - - - - - 733 5 - 10 yrs 502 493 538 219 150 62 19 16 13 1 - - - - - 2,013 10 - 15 yrs 152 227 247 129 133 59 29 26 16 3 1 1 - - - 1,023 15 - 20 yrs 119 180 200 138 103 62 39 26 48 10 2 - - - - 927 20 - 25 yrs 121 221 182 105 131 94 51 42 95 29 14 3 2 4 - 1,094 25 - 30 yrs 91 292 254 145 164 97 72 67 152 75 22 15 5 8 - 1,459 30 - 35 yrs 21 107 156 78 126 73 48 40 137 79 39 21 11 18 - 954

>= 35 yrs 11 26 52 25 47 35 20 20 50 31 11 12 8 11 5 364 Grand Total 9,250 5,052 3,386 1,174 979 511 283 237 515 228 89 52 26 41 5 21,828 11.72 yrs Average Career Length for Individuals with Measurable Career Exposure Scroll to the right for 1.45 rem Average Career Dose for Individuals with Measurable Dose source data 15.04 yrs Average Career Length for Individuals with Measurable Career Exposure and Careers Lengths of at Least One Year 1.85 rem Average Career Dose for Individuals with Measurable Dose with Career Length of at Least One Year Only individuals that ended monitoring in 2011 are included in this analysis.

For career length and dose bins, values that are equal to the maximum end of the range are assigned to the next higher bin (i.e., a dose of 0.1 would be assigned to the 0.1-0.5 dose bin).

CASE NO: NRC-2018-000261 DATE REC'D: 01/05/2018 From: Therese G. Tetzel To: Ennis Tina

Subject:

[External_Sender] Re: FOIA Request (NRC-2018-000030) -

Date: Thursday, January 04, 2018 1:54:04 PM Attachments: image001.png

Tina, I am requesting the same FOIA in a revised version (#3) per your questions, attached to this email and in the body of the email.

Nuclear Regulatory Commission FOIA Officer Mail Stop T5-F09 Washington, DC 20555-0001 January 4, 2018 Re: Freedom of Information Act Request version 3

Dear FOIA Officer,

This is a second request under the Freedom of Information Act.

I request that a copy of the following documents (or documents containing the following information) be provided to me:

Any and all contracts or agreements pertaining to settlements of sexual harassment within NRC including all departments under the headquarters of NRC. All sexual harassment cases in EEO and District Court only.

Total number of sexual harassment (only) cases settled or litigated between the years 1/1/2000 - 12/31/2017 including the total dollars agreed to as a required part of the settlements and any other fees, benefits etc as part of the total agreement/contract.

The sources of funds in these sexual harassment (only) settlements.

Who represented and/or negotiated for the parties involved in these sexual harassment (only) cases/settlements? Are they inside or outside counsel? If counsel is outside the department, how much money was paid in fees and expenses?

In order to help determine my status to assess fees, I am a private citizen and requesting the information on my own behalf. I request a waiver of all fees for this request as I believe this is in the public interest of the use of taxpayers money and understanding of the use of public funds.

Sincerely, Therese Tetzel Therese Tetzel (b) (6)

Therese Tetzel (b) (6)

On Monday, December 18, 2017 8:17 AM, "Ennis, Tina" <TINA.ENNIS@nrc.gov> wrote:

Good afternoon Ms. Tetzel, This is the second attempt to gain clarification of your FOIA request (first email sent December 4, 2017), as we are unable to move forward in processing your request without clarification.

Based on the program office's understanding of the information being requested, they are estimating it could take up to 80 hours9.259259e-4 days <br />0.0222 hours <br />1.322751e-4 weeks <br />3.044e-5 months <br /> of staff time to pull records and compile statistics for a period of 18 years of EEO complaint activity (at least as to the first bullet). Please provide clarification, as the first item seeks information only as to sexual harassment, whereas the others are not limited by that (thus implying that it is every single settlement over 18 years, and not just sexual harassment settlements).Moreover, the first item in the request does not have a date range, so should we presume that the date range is 2000-2017 (like the second bullet) or is it intended to cover the entire period of time that NRC has been in existence? Furthermore, it is unclear if the request is for administrative EEO complaints only, or does it also include actions in other venues (typically District Court).

If we do not receive a response by Friday, December 22, 2017, we will administratively close your request, and you will have the opportunity to submit a new request, if you wish.

Thank you, Tina Ennis FOIA Analyst (Contractor)

OCIO/GEMS/ISB U.S. Nuclear Regulatory Commission Location: T-2F05 l Mailstop: T-2F43 301-415-5616 Tina.Ennis@nrc.gov

CASE NO: NRC-2018-000284 DATE REC'D: 01/17/2018 From: Charles Langley To: FOIA Resource Cc: 9A@publciwatchdogs.org

Subject:

[External_Sender] FOIA REQUEST Date: Tuesday, January 16, 2018 9:49:16 PM Attachments: image.png image.png My intent is to avoid an overly broad FOIA request by explaining the reason for this specific request; hoping to save you time and expedite the process.

Background:

Southern California Edisons (SCE),Vice-President and Chief Nuclear Officer Tom Palmisano outlined in several public SCEs Community Engagement Panel (CEP) presentations, February 16th, May 11th and September 14th 2017, the details of SCEs "NRC Activities and Submittal Status."

As such, he detailed SCEs "NRC License Amendment Request Submittal for its Independent Spent Fuel Storage Installation (ISFSI)" submitted by SCE to the NRC in December 2016.

Palmisano asserted that the approval of this License Amendment from the NRC would provide SCE a date to begin Off-loading, i.e. the interment of the Holtec nuclear waste canisters, in SCEs newly constructed ISFSI (Independent Spent Fuel Storage Installation).

In each of these public presentations, Palmisano stated an SCE anticipated approval by the NRC in the second Quarter of 2018.

According to Palmisano, the Technical Specs are attached to the license SCE holds providing the rules by which the (San Onofre) plant and its equipment maintained. Palmisano also stated that SCEs Technical Specs had been changed to accommodate a "Decommission Status." Further that this SCE NRC License Amendment Request submitted is to amend the ISFSI Technical Specs which will, according to Palmisano, "replace the previous technical specs."

Since Palmisano stated publicly that the SCE ISFSI only License Amendment filed with the NRC in December 2016 will change the status of the license SCE holds which provides the NRC rules by which the ISFSI (spent fuel) is maintained once SCEs nuclear waste is interned into dry cask storage, and that Palmisano alleged that this ISFSI License Amendment Approval is required "before spent fuel can be Off Loaded," the Southern California communities impacted by this NRC ISFSI only License Amendment approval are on a need-to-know basis of exactly when this License Amendment is/was approved.

This FOIA request is warranted as time sensitive because, during Palmisanos SCEs November 2, 2017 Community Engagement Panel meeting, he stated that SCEs NRC Submittal Status for the ISFSI only License Amendment Request submitted by SCE to the NRC in December 2016 had changed and that this change accelerated the NRC approval timeline from the 2nd Quarter of 2018 to a new NRC formal review and approval date of 4th Quarter of 2017.

Considering this significant acceleration of the NRC approval timeline, Public Watchdogs respectfully submits this FOIA requesting a copy of:

1. SCEs original "ISFSI only License Amendment Request" submitted to the NRC in December 2016

2. NRCs formal review and approval documents of SCEs "ISFSI only License Amendment Request" submitted to the NRC in December 2016 Further documentation of these events are embedded below with two image captures from the public meetings referenced above as well as from an audio-visual presentation of Palmisano to the public on this process, which appear in minutes 0:06:00 to 0:10:17 in this video which references the applications.

If you have questions regarding this FOIA request, please feel free to contact me at langley@publicwatchdogs.org, or (858) 752-4600.

Charles Langley, Executive Director Public Watchdogs (858) 752-4600 www.publicwatchdogs.org

CASE NO: NRC-2018-000286 DATE REC'D: 01/18/2018 From: Daniel Van Schooten To: FOIA Resource

Subject:

[External_Sender] FOIA Request Date: Thursday, January 18, 2018 11:41:12 AM Good morning, Under the Freedom of Information Act, I am requesting the following records as a member of the news media:

1. The studies/reports conducted by the contractor "LinkVisum Consulting Group" for the Office of Enforcement from when it was hired in 2012 to the final study completed in March 2013. In these studies/reports, it conducted "benchmarking research on policies and processes to address differences of opinion and alternative views from employees and to identify best practices." The contractor examined at least four other organizations, including NASA, the FAA's ATO, Pfizer, and the FDA's CDER.

I request a waiver of all costs associated with fulfilling this submission pursuant to 5 U.S.C. § 5 552(a)(4)(A)(iii). Disclosure of the requested records will further the "public interest because it is likely to contribute significantly to public understanding of the operations or activities of the government and is not primarily in the commercial interest" of the requester, the Project On Government Oversight (POGO).

Sincerely, Daniel Van Schooten Daniel Van Schooten Investigator Project On Government Oversight l pogo.org 1100 G Street NW, Washington DC 20005 202.347.1122

CASE NO: NRC-2018-000296 DATE REC'D: 01/22/2018 1/19/2018 FOIA Officer Mail Stop T5-F09 Washington, DC 20555-0001 Submitted via email to: FOIA.Resource@nrc.gov Re: Freedom of Information Act Request

Dear Stephanie Blaney,

As a member of the news media, I am making this request under the Freedom Of Information Act (FOIA), 5 U.S.C. § 552. Please provide records that are maintained by your agency or for your agency by a government contractor in any format.

Please provide the following records in a digital format:

1. The studies/reports conducted by the contractor "LinkVisum Consulting Group" for the Office of Enforcement from when it was hired in 2012 to the final study completed in March 2013.

a. In these studies/reports, it conducted "benchmarking research on policies and processes to address differences of opinion and alternative views from employees and to identify best practices." The contractor examined at least four other organizations, including NASA, the FAA's ATO, Pfizer, and the FDA's CDER.

I request a waiver of all costs associated with fulfilling this submission pursuant to 5 U.S.C. § 5 552(a)(4)(A)(iii). Disclosure of the requested records will further the "public interest because it is likely to contribute significantly to public understanding of the operations or activities of the government and is not primarily in the commercial interest" of the requester, the Project On Government Oversight (POGO). Specifically, POGO intends to use the requested records to highlight for the public the ability of government employees and contractors at various agencies to engage in policy dissent and the degree to which they receive legal protections for doing so.

These records will also highlight for the public the best practices for how government agencies can encourage open communication and better handle constructive dissent. If the request for a fee waiver is denied, please contact me about any incurred expenses prior to supplying the requested records.

Please see the following fee waiver statements.

The subject of the request:

POGO is requesting records which will inform readers about the existence of various processes for managing disputes regarding agency policies. These studies contributed to recent changes to the NRCs Differing Professional Opinion program, which has a direct impact on the ability of NRC employees to elevate concerns about policies and decisions that they feel are not in the publics best interest.

The informative value of the information to be disclosed:

The information to be disclosed is likely to contribute to an increased public understanding of government activities, as it relates to agency processes and legal protections for employees who voice policy dissent. These records will help the public better understand the working conditions of federal employees and the degree to which certain agencies facilitate and value open communication.

The contribution to an understanding of the subject by the public likely to result from disclosure:

POGO investigates, exposes, and seeks to remedy systemic abuses of power and mismanagement in the federal government. Founded in 1981, POGO is a politically independent, nonprofit watchdog that promotes a government that is accountable to the citizenry. POGO disseminates information about its activities to the public, policymakers, and the media via email, direct mail, and its website which receives nearly 70,000 unique views per month. The records provided by your agency will be used for the following activities, which are publicly available: publication by email and on POGO websites; publication in reports and newsletters issued by POGO; publication in the newsletters of affiliated nonprofit organizations; efforts to educate Congress, the Executive Branch, and other policymakers; or in conjunction with other members of the news media.

The significance of the contribution to public understanding:

Disclosure of the records is likely to contribute significantly to the publics understanding of the protections afforded to government employees who disagree with agency policies, the degree to which the NRC followed the best practices recommended by the contractor LinkVisum, and whether there is room for improvement in this area at other federal agencies. Knowledge of these policies can build public confidence in the governments ability to listen to its experts and self-correct when necessary. The requested records are not currently publicly available, and they will bring a unique perspective to the public discussion surrounding government ethics requirements.

The existence and magnitude of a commercial interest:

POGO does not charge for access to its web site, reports, newsletters, or other publications. In addition, we do not directly profit from increased viewership of our website, as it is advertisement-free.

2

The primary interest in disclosure:

POGO has no financial interest in the requested information as stated above. The primary interest in disclosure is that of the public interest.

If this request is denied in full or in part, please cite each exemptions pursuant to 5 U.S.C. § 552(b) that justifies each denial. If an exemption applies, however, please consider exercising the agencys discretionary release powers to disclose the records. Any such action supports the presumption of openness on which FOIA is based upon. Additionally, please release all reasonably segregable portions of the records that do not meet an exemption. 5 U.S.C. § 552(b).

I look forward to your response, including an individualized tracking number, within 20 days of the receipt of this request, unless, in the case of unusual circumstances, the time limitation is extended by written notice. 5 U.S.C. § 552(a)(6)(B). I am aware that all fees will be waived if specified time limits are not met. 5 U.S.C. § 552(a)(4)(A)(viii). I have a right to appeal if this request is wholly or partially denied or if the agency fails to respond within 20 days, and that, if successful, a federal district court may assess reasonable attorney fees and other litigation costs. 5 U.S.C. § 552(a)(4)(E).

Please do not hesitate to call me at (202) 347-1122 to see if I can clarify the request or otherwise expedite and simplify your efforts. Thank you for your prompt attention to this matter.

Sincerely, Daniel Van Schooten Investigator dvanschooten@pogo.org 3

CASE NO: NRC-2018-000309 DATE REC'D: 01/25/2018 January 24, 2018 FOIA REQUEST Fee waiver requested

Dear FOIA Officer:

We request all Nuclear Regulatory Commission Congressional 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. To be clear, we are not requesting the correspondence texts. We are requesting all fields of information recorded in logs, tracking systems, or databases about each congressional correspondence such as, but not limited to the identity of Sender, Addressee, Subject, Date Received, Date of Reply, Office or Official handling the response, Action, Document Type, Processing Codes and Instructions, and Reference or Control Numbers.

We request that digital information be provided in the same format in which it is maintained, via email, preserving any metadata where possible. We prefer documents in the following formats:

Digital database or document information maintained in formats including .mdb, .mdf, .sql, .xml, .json, or Microsoft Office file formats: in the original, machine-readable format (i.e. if possible, not .pdf )

Further to our request to waive fees associated with this request, we note that these documents are necessary for research investigating the balancing of requests from diverse stakeholders in fulfilling its statutory mission.

The documents will be used for a scholarly or scientific purpose and not for a commercial use. Disclosure of the requested information to us is in the public interest because it is likely to contribute significantly to public understanding of the operations or activities of the government and is not primarily in our commercial interest. In the alternative to our request for a fee waiver and for purposes of determining the applicability of fees and exemptions, you should know that we are professors at the University of Chicago and University of Wisconsin-Madison, major research institutions, and these documents will be used for scientific publications that advance the scholarly research goals of our institutions and to contribute to public understanding of the operations of the government. If you estimate that the fees for this request will exceed $25.00, please inform us first and await our authorization.

We believe this disclosure warrants expedited processing. As scholars, we are primarily interested in dis-seminating information. Timely publication of this research will inform current public discussions about the operations of the government.

If our request is denied in whole or part, we ask that you justify all deletions by reference to specific exemptions of the act. We will also expect you to release all severable portions of otherwise exempt material.

As this information is of timely value, we would appreciate any and all communications regarding the request be sent to us by email at CorrespondenceResearch@gmail.com rather than by mail, or by phone at (608)-352-9144 if you have questions regarding this request.

Thank you for your assistance.

Sincerely, Eleanor Powell Justin Grimmer Devin Judge-Lord Associate Professor Associate Professor PhD Candidate Department of Political Science Department of Political Science Department of Political Science University of Wisconsin-Madison University of Chicago University of Wisconsin-Madison 1

CASE NO: NRC-2018-000311 From: Jeff Mordock DATE REC'D: 01/26/2018 To: FOIA Resource

Subject:

[External_Sender] FOIA request Date: Thursday, January 25, 2018 2:23:42 PM

Dear Sir or Madame:

I am looking for all documents and records, including all investigation notes, reports, disciplinary recommendations and final resolutions for the following NRC-OIG investigations.

14:025 The investigation into a Government Publishing Officer printing suspected child pornography on a government computer and 15:014 The investigation into an NRC employee for ordering movies from a company in which the owner was arrested for child pornography Jeff Mordock Investigative/Government Reporter The Washington Times 3600 New York Avenue Washington, DC 2002 Ph: (202) 636-3041 jmordock@washingtontimes.com The information contained in this electronic transmission is intended for the exclusive use of the individuals to whom it is addressed and may contain information that is privileged and confidential, the disclosure of which is prohibited by law. If the reader of this transmission is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. In addition, any unauthorized copying, disclosure or distribution of the material in this e-mail and any attachments is strictly forbidden.

CASE NO: NRC-2018-000322 DATE REC'D: 02/01/2018

CASE NO: NRC-2018-000409 DATE REC'D: 02/22/2018 From: Kimberly Warren To: FOIA Resource

Subject:

[External_Sender] FOIA Request Date: Thursday, February 22, 2018 10:30:01 AM To Whom It May Concern:

Under the Freedom of Information Act, 5 U.S.C. § 552, I am requesting copies of the following information:

The Organizational Charts for the Chief Information Officer of Nuclear Regulatory Commission-something that includes the names and titles/departments of the people who report to the Chief Information Officer of Nuclear Regulatory Commission.

I would also ask that this Organizational Chart contain the direct reports of the people reporting to the Chief Information Officer. Also, contact information on the people listed in the above organizational charts to include: Business Address, Direct Business Telephone Number, and Business Email Address would be greatly appreciated.

I am requesting this information for commercial purposes and I am willing to pay up to a $75 fee to receive this information. Please contact me if the fee for this request is greater than $75. I hope the request is thorough/clear enough. If you have any questions about this request, feel free to contact me using my information below. The requested information can be submitted either through email, fax, or mailed hard-copy, whichever allows me to receive the information as soon as possible.

Kim Warren Fax: 614-573-6377 805 S Broadway 9th Floor Vancouver, WA 98660 KIM WARREN Senior Research Analyst, DiscoverOrg P: +1 360.718.5314 kimberly.warren@discoverorg.com

CASE NO: NRC-2018-000413 DATE REC'D: 02/23/2018 From: Reilly, Stephen To: FOIA Resource

Subject:

[External_Sender] FOIA Request & Expedited Processing Request: Agency Reform Plan submitted to the Office of Management and Budget Date: Friday, February 23, 2018 11:22:44 AM February 23, 2018 Freedom of Information Act Officer Mail Stop T-5 F09 U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 VIA EMAIL: FOIA.Resource@nrc.gov Re: Freedom of Information Act request & Expedited FOIA processing request.

To whom it may concern:

This is a request for records under the Freedom of Information Act (FOIA), 5 U.S.C. § 552, et seq., for which I also seek expedited processing.

I am seeking the following records:

Copy of the Agency Reform Plan submitted to the Office of Management and Budget (OMB) in approximately September 2017 in accordance with OMB Memorandum M-17-22 (Comprehensive Plan for Reforming the Federal Government and Reducing the Federal Civilian Workforce).

I. Expedited Processing Request I respectfully submit that this request meets the criteria for expedited processing under applicable regulations because, as established and set forth below, I am a person primarily engaged in disseminating information and there is a compelling and urgent need to inform the public about an actual or alleged federal government activity.

The submission of Agency Reform Plans to OMB is an integral and explicitly defined element of the Trump Administrations efforts to reorganize the executive branch in order to improve the efficiency, effectiveness and accountability of agencies as set forth in President Trumps Executive Order 13781 of March 13, 2017. Because these records are fundamental and explicitly defined elements of ongoing policymaking intended to reform the executive branch of the federal government, and because without timely public disclosure of these documents the American public will lack vital information needed to assess and understand the actions of policymakers as they reorganize the executive branch, there is currently an urgent need to inform the public about the actual government activity of reorganizing the executive branch.

The expeditious public disclosure of records covered by this FOIA request will serve to address that critical need.

In OMB Memorandum M-17-22 dated April 12, 2017, OMB Director Mick Mulvaney provided guidance to heads of each executive departments and agencies on fulfilling E.O.

13781 by directing each agency and department head to submit an Agency Reform Plan to

OMB by September 2017. As set forth in M-17-22, these Agency Reform Plans will be part of the development of the Presidents FY 2019 Budget (See M-17-22, page 4 and Figure 1 on page 5). A process has thus been established by which the Agency Response Plans will play a critical role in ongoing policymaking.

Both members of Congress and the public alike require the information in the Agency Reform Plans in order to evaluate policymaking decisions as the Fiscal Year 2019 budgeting process moves forward. In his written open statement for a September 13, 2017 hearing before the US.

Senate Committee on Homeland Security & Governmental Affairs Regulatory Affairs and Federal Management Subcommittee on the topic of OMBs ongoing government-wide reorganization, Senator James Lankford cited the need to ensure this reorganization effort is transparent and ultimately successful. In a December 19, 2017 letter to OMB Director Mulvaney, Congressman Elijah E. Cummings requested disclosure of the agency reform plans because the reorganization of the federal government should not occur in darkness.

Without expeditious disclosure of the requested records, members of the public and Members of Congress will lack an understanding of relevant facts and information while policymakers make decisions leading to the reorganization of the executive branch of the United States government. For the aforementioned reasons, public confidence in the United States government would be harmed if disclosure of the requested records is not expeditious, and there is an urgent need for the general public to access factual information about the actual government activity of reorganizing the executive branch. Upon belief, this factual information is contained within the requested records and through this request I seek to access this information to write one or more news articles for publication in one of the nations largest general circulation newspapers. I hereby certify that the above is true and accurate to the best of my knowledge and ability.

II. Fee Waiver Request Because this is a request by a member of the news media for information of significant public interest, I also ask that you waive any search fees in accordance with §552(a)(4)(A)(ii)(II).

For purposes of determining my status with respect to the expedited processing request and any fees that may be applicable to this request, please be advised that I am employed full-time as reporter based in McLean, Virginia for USA TODAY and its network of more than 100 partner daily newspapers owned and operated by Gannett Co. Inc., and that the purpose of this request is to gather information of potential interest to a segment of the public and use my editorial abilities to turn the raw materials into a distinct work with the intent to distribute that work to an audience of newspaper readers throughout the United States. Links to my most recently published material may be found here: http://www.usatoday.com/staff/30847/steve-reilly/. I hereby certify that the above is true and accurate to the best of my knowledge and ability.

III. Request for Response in Electronic Format Where possible, please furnish the requested records in an electronic format pursuant to 5 U.S.C. § 552(a)(3)(B)-(C), preferably via email to sreilly@usatoday.com.

If for any reason any portion of this request is denied, please provide written notice of the specific records or portions of records that were withheld, and the specific statutory basis for

the withholding. Please also provide the name and address of the officer or body to which my appeal may be directed.

As you are aware, the Act, in § 552(a)(6), grants an agency no more than twenty working days in which to respond to this request. See Oglesby v. U.S. Dep't of Army, 920 F.2d 57, 65 (D.C.

Cir. 1990) (Congress adopted the time limit provision in the FOIA in order to contribute to the fuller and faster release of information, which is the basic objective of the Act. (quoting H.R. Rep. No.93-876, March 5, 1974., reprinted (1974) U.S. Code Cong. & Ad. News 6267 at 6271)).

I thank you sincerely for your prompt attention to this request and look forward to your timely reply.

Steve Reilly Steve Reilly Investigative Reporter USA TODAY 7950 Jones Branch Drive, McLean, VA 22108 Office: (703) 854-3104 l Cell: (b) (6) sreilly@usatoday.com l @BySteveReilly

CASE NO: NRC-2018-000418 DATE REC'D: 02/26/2018 From: Reilly, Stephen To: McCree, Victor Cc: OCA Web Resource; Ennis, Tina

Subject:

[External_Sender] FOIA APPEAL: Denial of expedited processing RE: NRC-2018-000413 Acknowledgement Letter Date: Monday, February 26, 2018 10:00:53 AM Attachments: Acknowledgement Letter.docx February 26, 2018 Mr. Victor McGee Executive Director for Operations U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 VIA EMAIL: victor.mccree@nrc.gov Re: Appeal of denial of expedited FOIA processing request.

Dear Mr. Hand:

This is an appeal of USAIDs denial of expedited processing for a request for records submitted by USA Today on February 23, 2018 which sought the following records:

Copy of the Agency Reform Plan submitted to the Office of Management and Budget (OMB) in approximately September 2017 in accordance with OMB Memorandum M-17-22 (Comprehensive Plan for Reforming the Federal Government and Reducing the Federal Civilian Workforce).

The NRCs letter denying expediting FOIA processing (attached) states:

A request for expedited processing can be granted only when the requester shows a compelling need based on meeting either of two conditions: when failure to obtain the records quickly could reasonably be expected to pose an imminent threat to the life or physical safety of an individual; or, if the requester is a person primarily engaged in disseminating information, by demonstrating that an urgency to inform the public about the actual or alleged Federal Government activity exists. Since there is no threat to life or safety, and there is no threat to the loss of due process of the requester, and you have not demonstrated a compelling need, your request for expedited processing cannot be granted.

However, there is, in fact, a serious and important urgency to inform the public about an actual federal government activity. The reasons therefor were communicated specifically in the portion of the FOIA request in which expedited processing was sought.

In sum, FOIAs expedited processing provision exists for precisely the purposes of requests such as this one. Congress is expected in March to approve formal appropriations bills that will allow them to re-order agency priorities based on the Agency Reform Plans. If NRCs Agency Reform Plan is not expeditiously disclosed, the public will be left in the dark as serious consequential policies are implemented, and it will undermine public confidence in government.

I respectfully submit that this request meets the criteria for expedited processing under

applicable regulations because, as established and set forth below, I am a person primarily engaged in disseminating information and there is a compelling and urgent need to inform the public about an actual or alleged federal government activity.

The submission of Agency Reform Plans to OMB is an integral and explicitly defined element of the Trump Administrations efforts to reorganize the executive branch in order to improve the efficiency, effectiveness and accountability of agencies as set forth in President Trumps Executive Order 13781 of March 13, 2017. Because these records are fundamental and explicitly defined elements of ongoing policymaking intended to reform the executive branch of the federal government, and because without timely public disclosure of these documents the American public will lack vital information needed to assess and understand the actions of policymakers as they reorganize the executive branch, there is currently an urgent need to inform the public about the actual government activity of reorganizing the executive branch.

The expeditious public disclosure of records covered by this FOIA request will serve to address that critical need.

In OMB Memorandum M-17-22 dated April 12, 2017, OMB Director Mick Mulvaney provided guidance to heads of each executive departments and agencies on fulfilling E.O.

13781 by directing each agency and department head to submit an Agency Reform Plan to OMB by September 2017. As set forth in M-17-22, these Agency Reform Plans will be part of the development of the Presidents FY 2019 Budget (See M-17-22, page 4 and Figure 1 on page 5). A process has thus been established by which the Agency Response Plans will play a critical role in ongoing policymaking.

Both members of Congress and the public alike require the information in the Agency Reform Plans in order to evaluate policymaking decisions as the Fiscal Year 2019 budgeting process moves forward. In his written open statement for a September 13, 2017 hearing before the US.

Senate Committee on Homeland Security & Governmental Affairs Regulatory Affairs and Federal Management Subcommittee on the topic of OMBs ongoing government-wide reorganization, Senator James Lankford cited the need to ensure this reorganization effort is transparent and ultimately successful. In a December 19, 2017 letter to OMB Director Mulvaney, Congressman Elijah E. Cummings requested disclosure of the agency reform plans because the reorganization of the federal government should not occur in darkness.

Without expeditious disclosure of the requested records, members of the public and Members of Congress will lack an understanding of relevant facts and information while policymakers make decisions leading to the reorganization of the executive branch of the United States government. For the aforementioned reasons, public confidence in the United States government would be harmed if disclosure of the requested records is not expeditious, and there is an urgent need for the general public to access factual information about the actual government activity of reorganizing the executive branch. Upon belief, this factual information is contained within the requested records and through this request I seek to access this information to write one or more news articles for publication in one of the nations largest general circulation newspapers. I hereby certify that the above is true and accurate to the best of my knowledge and ability.

Thank you for your timely consideration of this appeal. Please do not hesitate to contact me should you have any questions.

Best regards,

Steve Reilly Steve Reilly Investigative Reporter USA TODAY 7950 Jones Branch Drive, McLean, VA 22108 Office: (703) 854-3104 l Cell: (b) (6) sreilly@usatoday.com l @BySteveReilly From: DoNotReply-NRCfoia@regulations.gov [2]

Sent: Monday, February 26, 2018 8:03 AM To: Reilly, Stephen <sreilly@usatoday.com>

Subject:

NRC-2018-000413 Acknowledgement Letter Acknowledgment letter signed by Stephanie Blaney, FOIA Officer. No hard copy to follow. If you are unable to open the document, please let us know by return email (FOIA.Resource@nrc.gov) or call 301-415-7169.

If you are interested in receiving information from the NRC FOIA program, subscribe to our distribution list.

February 23, 2018 Freedom of Information Act Officer Mail Stop T-5 F09 U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 VIA EMAIL: FOIA.Resource@nrc.gov Re: Freedom of Information Act request & Expedited FOIA processing request.

To whom it may concern:

This is a request for records under the Freedom of Information Act (FOIA), 5 U.S.C. § 552, et seq., for which I also seek expedited processing.

I am seeking the following records:

Copy of the Agency Reform Plan submitted to the Office of Management and Budget (OMB) in approximately September 2017 in accordance with OMB Memorandum M-17-22 (Comprehensive Plan for Reforming the Federal Government and Reducing the Federal Civilian Workforce).

I. Expedited Processing Request I respectfully submit that this request meets the criteria for expedited processing under applicable regulations because, as established and set forth below, I am a person primarily

engaged in disseminating information and there is a compelling and urgent need to inform the public about an actual or alleged federal government activity.