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 (12-2015)
REQUESTER:
!Lawrence Criscione U.S. NUCLEAR REGULATORY COMMISSION RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST DESCRIPTION OF REQUESTED RECORDS:
FOIA 1
2016-0727
RESPONSE
TYPE RESPONSE NUMBER 11 2
INTERIM FINAL DATE:
11 Jt/4 2 o 2m, 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.
- See Comments for details D You will receive a refund for the amount listed.
[Z] None. Minimum fee threshold not met.
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.
0 Because this is an interim response to your request, you may not appeal at this time. We will notify you of your right to appeal any of 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 (12-2015)
REQUESTER:
RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST Continued
!Lawrence Criscione PART I.C COMMENTS (Continued)
FOIA 1
2016-0727
RESPONSE
TYPE
[Z]
RESPONSE NUMBER I I 2
INTERIM FINAL DATE:
11 aWi 2 s 2011 I
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 FORM 183 REG U.S.
NUCLEAR REGULATORY COMMISSION (09-2012)
NRCMD 12.1 REPORT OF SECURITY INCIDENTIINFRACTIONNIOLATION TO:
FROM:
(DIVISION/OFFICE IN WHICH INFRACTION OCCURRED)
Division of Facilities and Security DRA IRES NAME(S) OF PERSON ACKNOWLEDGING RESPONSIBILITY TITLE Lawrence Criscione Risk and Reliability Engineer TYPE OF SECURITY REPORT:
INCIDENT INFRACTION D
VIOLATION DATE OF OCCURRANCE:
9/18/2012 DATE REPORTED:
9/20/2012 HIGHEST CLASSIFICATION OF MATERIAL INVOLVED:
SUNSI SGI CONFIDENTIAL SECRET TOP SECRET WAS RESTRICTED DATA INVOLVED?
DYES
[{]
NO D N/A REASON OR CAUSE FOR INFRACTION A RESIDRA staff sent an email to Chairman Macfarlane and others within the agency and outside the agency.
Those on distribution outside the agency include the U.S. Office of Special Counsel and House and Senate oversight committee members and staff.
The email and both attachments contain sensitive information (SUNSI) but were not properly marked.
The reason for not properly marking the information is unknown.
DESCRIPTION OF INCIDENT AND ASSOCIATED MANAGEMENT DIRECTIVES SECTION INVOLVED:
Sensitive information (SUNSI) was not appropriately labeled or marked and was transmitted outside the agency to other federal government entities.
The email message does not appear to have been sent to anyone outside the federal government.
Neither the email nor the attached letter was marked as containing sensitive information.
Management Directive sections involved are MD 12.1 section V, "Infractions and Violations" and Part 11ofMD 12.6, "Protection and Control of Sensitive Unclassified Information."
IMMEDIATE CORRECTIVE ACTION TAKEN:
(See Page 2 for suggested disciplinary action.)
The transmittal outside the agency of sensitive information (SUNS I) without proper markings was reported to the Division of Facilities and Security on 9/20/2012.
Additional corrective actions are under consideration.
CORRECTION MEASURES TAKEN PENDING LONG TERM RESOLUTION:
None yet identified.
NRC FORM 183 (09-2012)
SUBMIT NRC FORM 183 s~n REQ11(
U.S. NUCLEAR REGULATORY COMMISSION (09-2012)
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of 0
NRCMD12.1
- 7
. ~
~/ ~
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REPORT OF SECURITY INCIDENT/INFRACTIONNIOLATION C)
-C'
~-
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+O TO:
FROM: (DIVISION/OFFICE IN WHICH INFRACTION OCCURRED)
Division of Facilities and Security DRA/RES NAME(S) OF PERSON ACKNOWLEDGING RESPONSIBILITY TITLE Lawrence Criscione Risk and Reliability Engineer TYPE OF SECURITY REPORT:
INCIDENT 0
INFRACTION VIOLATION DATE OF OCCURRANCE:
9/ 18/2012 DATE REPORTED:
9/20/20 12 HIGHEST CLASSIFICATION OF MATERIAL INVOLVED:
CONFIDENTIAL I
SECRET \\
TOP SECRET WAS RESTRICTED DATA INVOLVED?
YES 0 NO NIA REASON OR CAUSE FOR INFRACTION A RES/DRA staff sent an email to Chairman Macfarlane and others within the agency and outside the agency. Those on distribution outside the agency include the U.S. Office of Special Counsel and House and Senate oversight committee members and staff. The email and both attachments contain sensitive information (SUNS!) but were not properly marked. The reason for not properly marking the information is unknown.
DESCRIPTION OF INCIDENT ANO ASSOCIATED MANAGEMENT DIRECTIVES SECTION INVOLVED:
ensitive information (SUN SI) was not appropriately labeled or marked and was transmitted outside the agency to other federal government entities. The email message do snot appear to have been sent to anyone outside the federal government.
either the email nor the attached letter was marked as containing sensitive information. Management Directi e sections involved are MD 12.1 section V Infractions and Violations' and Part 11 of MD 12.6 "Protection and Control of Sensitive Unclassified Information."
IMMEDIATE CORRECTIVE ACTION TAKEN: (See Page 2 for suggested disciplinary ac~on.)
The transmittal outside the agency of sensitive information (SUNS!) without proper markings was reported to the Division of Facilities and Security on 9/20/20 l 2. Additional correcti ve actions are under consideration.
CORRECTION MEASURES TAKEN PENDING LONG TERM RESOLUTION:
one yet identified.
NRC FORM 183 (09-2012)
SUBMIT
o.~f='.ICl,&,I,. Uii ONLY iiNSITIVa INTERNAL INFORMATION MEMORANDUM TO:
FROM:
SUBJECT:
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 Richard P. Correia, Director Division of Risk Analysis Office of Nuclea: R~ylatory Research
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Mary JaJ:11': /
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Division of R,a ies and Security Office of Ac:frflinistration 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 (08-2013)
U.S. NUCLEAR REGULATORY COMMISSION FOIA/PA RESPONSE NUMBER RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) / PRIVACY ACT (PA) REQUEST 2014-0236
RESPONSE
TYPE
[ZJ FINAL PARTIAL REQUESTER Larry Criscione DATE 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 I
Agency records subject to the request that are identified in the specified group are already available for
_ public inspection and copying at the NRC Public Document Room.
[GROUP I
I Agency records subject to the request that are contained in the specified group are being made available for public inspection and copying at the NRC Public Document Room.
0 1~ROUP 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.
We are continuing to process your request.
See Comments.
AMOUNT" PART I.A -- FEES D You will be billed by NRC for the amount listed.
D You will receive a refund for the amount listed.
[ZJ None. Minimum fee threshold not met.
D Fees waived.
s I I
- See comments for details 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)
/
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