ML20294A130
| ML20294A130 | |
| Person / Time | |
|---|---|
| Site: | Saint Lucie  |
| Issue date: | 01/26/2017 |
| From: | Stephanie Blaney NRC/OCIO/GEMSD/FLICB |
| To: | Lawrence Criscione - No Known Affiliation |
| Shared Package | |
| ML20294A127 | List: |
| References | |
| FOIA, NRC-2016-000727 | |
| Download: ML20294A130 (6) | |
Text
Dear FOIA Requester:
The FOIA Improvement Act of 2016, which was enacted on June 30, 2016, made several changes to the Freedom of Information Act (FOIA). Federal agencies must revise their FOIA regulations to reflect those changes by December 27, 2016. In addition to revising our regulations, we intend to update the Form 464, which we use to respond to FOIA requests.
In the interim, please see the comment box in Part I.C of the attached Form 464. The comment box includes information related to the recent changes to FOIA that is applicable to your FOIA request, including an updated time period for filing an administrative appeal with the NRG.
Sincerely yours, S ~ B ~ ISi Stephanie Blaney FOIA Officer
NRC FORM 464 Part I U.S. NUCLEAR REGULATORY COMMISSION FOIA RESPONSE NUMBER (12-2015)
RESPONSE TO FREEDOM OF 1 2016-0727 11 2
INFORMATION ACT (FOIA) REQUEST RESPONSE INTERIM FINAL TYPE REQUESTER: DATE:
!Lawrence Criscione 11 Jt/4 2 o 2m, DESCRIPTION OF REQUESTED RECORDS:
Records corresponding to items 5 (ML16238A013) and 6 (ML16238A014) of your request, as further explained in the Comments Section, below.
PART I. - INFORMATION RELEASED Agency records subject to the request are already available in public ADAMS or on microfiche in the NRC Public Document Room.
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 that agency (see comments section) for a disclosure determination and direct response to you.
[Z] We are continuing to process your request.
[Z] See Comments.
PART I.A - FEES AMOUNT*
You will be billed by NRC for the amount listed. [Z] None. Minimum fee threshold not met.
- See Comments for details D You will receive a refund for the amount listed. D Fees waived.
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"). 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 0 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 30 calendar days of the date of this response by sending a letter or email to the FOIA Officer, at U.S. Nuclear Regulatory Commission, Washington, D.C. 20555-0001, or FOIA.Resource@nrc.gov Please be sure to include on your letter or email that it is a "FOIA Appeal."
PART I.C COMMENTS ( Use attached Comments continuation page if required)
In conformance with the FOIA Improvement Act of 2016, the NRC is informing you that you have the right to seek assistance from the NRC's FOIA Public Liaison.
This interim response addresses two (2) more of the six (6) records enumerated in your request. Since the date of your request, these records have been removed from ADAMS. However, because the NRC was able to locate them by the accession numbers when your request was received, we have processed the records. [continued on next page]
SIGNATURE - FREEDOM OF INFORM Stepfianie ..'A.. 13{aneY, NRC Form 464 Part I (12-2015) Page 2 of 3
NRC FORM 464 Part I U.S. NUCLEAR REGULATORY COMMISSION FOIA RESPONSE NUMBER (12-2015)
RESPONSE TO FREEDOM OF INFORMATION 1 2016-0727 II 2 ACT (FOIA) REQUEST Continued RESPONSE
[Z] INTERIM FINAL TYPE REQUESTER: DATE:
!Lawrence Criscione 11 aWi 2 s 2011 I PART I.C COMMENTS (Continued)
The record requested in item 5 is a copy ofNRC Fonn 183, Report of Security Incident/InfractionNiolation that was completed as a result of certain of your actions. We note that you previously received a copy of this record in response to FOIA-2014-0269. Another copy is enclosed.
The record requested in item 6 is a copy of an undated memorandum from Mary Jane Ross-Lee to Richard Correia concerning the subject "REPORT OF SECURITY INCIDENT (INFORMATION SPILL)". As with the record responsive to item 5 discussed above, we note that you previously received a copy of this record in response to FOIA-2014-0236. Another copy is enclosed.
With the issuance of this response, we expect to issue a final response to this request, which will address the records corresponding to items 3 and 4 of your request, in the very near future.
NRG Form 464 Part I (12-2015) Page 3of3
NRC NRC FORM FORM 183 183 s~n REQREG 11( U.S. NUCLEAR U.S. NUCLEAR REGULATORY REGULATORY COMMISSION COMMISSION (09-2012)
(09-2012) ..)(i of
- ~
0 NRCMD12.1 NRCMD 12.1 :7 .~
- . ~/ ~
- C) ** .....
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REPORT REPORT OF SECURITY SECURITY INCIDENT/INFRACTIONNIOLATION INCIDENTIINFRACTIONNIOLATION
.,,.')
........ +O~
TO TO:: FROM: (DIVISION/OFFICE IN WHICH FROM: (DIVISION/OFFICE WHICH INFRACTION INFRACTION OCCURRED)
OCCURRED)
Division Division of Facilities Facilities and Security Security DRA/RES DRA IRES NAME(S)
NAME(S) OF PERSON PERSON ACKNOWLEDGING ACKNOWLEDGING RESPONSIBILITY RESPONSIBILITY TITLE TITLE Risk and Risk and Reliability Reliability Engineer Engineer Lawrence Criscione Lawrence Criscione 0
TYPE OF SECURITY SECURITY REPORT:
REPORT: INCIDENT INCIDENT INFRACTION INFRACTION VIOLATION VIOLATION D
DATE OF OCCURRANCE:
OCCURRANCE: 9/ 18/2012 9/18/2012 DATE REPORTED:
DATE REPORTED: 9/20/20 9/20/201212 HIGHEST CLASSIFICATION OF MATERIAL HIGHEST CLASSIFICATION MATERIAL INVOLVED:
INVOLVED: [Z] SUNSI SUNSI SGI I CONFIDENTIAL CONFIDENTIAL I SECRET SECRET
\ TOP SECRET TOP SECRET WAS RESTRICTED WAS RESTRICTED DATA DATA INVOLVED?
INVOLVED?
DYES YES 0[{] NO NO D N/A NIA REASON OR CAUSE REASON CAUSE FOR INFRACTION INFRACTION A RES/DRA RESIDRA staff staff sent sent an email email to Chairman Macfarlane and Chairman Macfarlane and others within the others within the agency agency and outside the and outside the agency.
agency. Those Those on distribution distribution outside outside the the agency include the agency include the U.S. Office of U.S. Office of Specia Special l Counsel Counsel and and House House and and Senate Senate oversight committee members oversight committee members andand staff. The staff. The email email and both attachments and both attachments contain contain sensitive in formation (SUNSI) sensitive information (SUNS !) but but were were not not properly properly marked.
marked. The The reason reason for for not not properly properly marking the marking information is unknown the information unknown. .
DESCRIPTION DESCRIPTION OF INCIDENTINCIDENT ANO ASSOCIATED MANAGEMENT AND ASSOCIATED MANAGEMENT DIRECTIVES DIRECTIVES SECTION SECTION INVOLVED INVOLVED: :
ensiti ve information Sensitive information (SUN (SUNSI) SI) waswas not not appropriately appropriately labeled labeled or marked and or marked was transmitted and was transmitted outside the agency outside the agency to other other federal federal government government entities.entities. The The email message does email message do snot appear to have not appear have beenbeen sent sent to to anyone anyone outside outside thethe federal federal governme government.nt. Neither either the the email email nor the attached nor the attached letter letter was was marked marked as containing containing sensitive information. Management sensitive information. Management Directive Directi e sections sections involved involved are MD 12.1 are MD section section V Infractions and V, "Infractions Violations' and and Violations" and Part Part 11 of MD 12.6 11ofMD 12.6, "Protection "Protection and and Control of Sensitive Control of Sensitive Unclassified Unclassified Information."
Information."
IMMEDIATE IMMEDIATE CORRECTIVE CORRECTIVE ACTION ACTION TAKEN Page 2 for TAKEN: : (See Page suggested disciplinary for suggested disciplinary ac~on.)
action.)
The transmittal outside The transmittal outside the the agency agency of of sensitive sensitive information information (SUNS!) witho ut proper (SUNS I) without proper markings markings was was reported reported to the the Division Division ofof Facilities and Facilities and Security Security on 9/20/20 9/20/2012. l 2. Additional Additional correcti correctiveve actio actions ns are are under consideration.
under consideration.
CORRECTION CORRECTION MEASURESMEASURES TAKEN TAKEN PENDING PENDING LONG TERM RESOLUTION:
LONG TERM RESOLUTION:
one yet None yet identified.
identified.
NRC FORM NRC FORM 183 (09-2012)
(09-2012)
SUBMIT SUBMIT
o.~f='.ICl,&,I,. Uii ONLY iiNSITIVa INTERNAL INFORMATION UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 MEMORANDUM TO: Richard P. Correia, Director Division of Risk Analysis Office of Nuclea: R~ylatory Research
,2, -~
FROM: "~
Mary JaJ:11': ~ / / ~*/ . ~
Division of R,a ies and Security Office of Ac:frflinistration
SUBJECT:
REPORT OF SECURITY INCIDENT (INFORMATION SPILL)
On September 20, 2012, the Division of Facilities and Security (DFS) notified the Computer Security Office, Policy Standards and Training of the subject infraction (see attached NRC Form 183 "Report of Security lncidentllnfractionMolation,*trom Benjamin Beasley and emails detailing this incident) which occurred September 18, 2012. DFS staff concluded that since this incident does not involve protection of classified information, a security infraction did not occur. Instead, this report will be identified as a security incident for failure to follow applicable Sensitive Unclassified Non-Safeguards Information (SUNS!) guidelines.
To prevent recurrence of additional incidents involving the inadvertent release of SUNSI documents, the person or individuals responsible for the security incident must review the SUNS! guidance located on the NRC internal web at ::JJ.;, /1www ,:-:t,'., :3 r-~;__;;;::.::.'r£~~-- Once the SUNSI training has been completed, send a confirmation email to the Facilities Security Branch indicating that the person(s) responsible for the incident has completed thelr review and understands the information.
Please be advised that no infraction will be issued for the subject incident. DFS has noted corrective measures are implemented to prevent recurrence. This memorandum closes this incident.
Enclosures:
- 1. NRC Form 183 "Report of Security lncident/lnfractionNiolation," (September 27, 2012)
- 2. Email detailing this incident CONTACT: Daniel Cardenas, ADM/DFS (301) 415-6184 OFFICIAL USE ONLY SENSITIVE INTERNAL INFORMATION EXHIBIT 3
NRC FORM 464 Part I U.S. NUCLEAR REGULATORY COMMISSION FOIA/PA RESPONSE NUMBER (08-2013)
RESPONSE TO FREEDOM OF 2014-0236 INFORMATION ACT (FOIA) / PRIVACY ACT (PA) REQUEST
RESPONSE
TYPE
[ZJ FINAL PARTIAL REQUESTER DATE Larry Criscione JUN O 2 2014 PART I. -- INFORMATION RELEASED D No additional agency records subject to the request have been located.
D Requested records are available through another public distribution program. See Comments section.
[GROUP Agency records subject to the request that are identified in the specified group are already available for I_ public inspection and copying at the NRC Public Document Room.
[GROUP Agency records subject to the request that are contained in the specified group are being made available for I public inspection and copying at the NRC Public Document Room.
0 1~ROUP Agency records subject to the request are enclosed.
I Records subject to the request that contain information originated by or of interest to another Federal agency have been referred to that agency (see comments section) for a disclosure determination and direct response to you.
We are continuing to process your request.
See Comments.
PART I.A -- FEES I D AMOUNT"
[ZJ sI You will be billed by NRC for the amount listed. None. Minimum fee threshold not met.
- See comments for details D You will receive a refund for the amount listed. D Fees waived.
PART I.B -- INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE No agency records subject to the request have been located. For your information, Congress excluded three discrete categories of law enforcement and national security records from the requirements of the FOIA. See 5 U.S.C. § 552{c)
(2006 & Supp. IV (2010). This response is limited to those records that are subject to the requirements of the FOIA. This is a standard notification that is given to all our requesters and should not be taken as an indication that excluded records do, or do not, exist.
Certain information in the requested records is being withheld from disclosure pursuant to the exemptions described in and for the reasons stated in Part II.
This determination may be appealed within 30 days by writing to the FOIA/PA Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. Clearly state on the envelope and in the letter that it is a "FOIA/PA Appeal."
PART I.C COMMENTS ( Use attached Comments continuation page if required)
NRC FORM 464 Part 1 (08-2013) / l)