ML20294A144

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NRC-2016-000731, Resp 7 - Interim, Agency Records Subject to the Request Are Enclosed
ML20294A144
Person / Time
Site: Saint Lucie  NextEra Energy icon.png
Issue date: 02/09/2017
From: Stephanie Blaney
NRC/OCIO/GEMSD/FLICB
To: Hixson L
Enformable
Shared Package
ML20294A138 List:
References
FOIA, NRC-2016-000731
Download: ML20294A144 (9)
v • d • e


Text

NRC FORM 464 Part I U.S. NUCLEAR REGULATORY COMMISSION FOIA RESPONSE NUMBER

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(12-2015)

'#"! i RESPONSE TO FREEDOM OF I 2016-0731 11 7

I INFORMATION ACT (FOIA) REQUEST l . .,.,

........ F.i [J2(

RESPONSE

INTERIM FINAL TYPE REQUESTER: DATE:

!Lucas Hixson 11 02/09/2017 I

DESCRIPTION OF REQUESTED RECORDS:

Records corresponding to items 50 (ML16232A001) and 61 (ML16242A344), 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 NRG 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.

0 We are continuing to process your request.

0 See Comments.

PART I.A - FEES AMOUNT*

II You will be billed by NRG for the amount listed.

0 None. Minimum fee threshold not met.

$ II

'See Comments for details You will receive a refund for the amount listed. Fees waived.

PART 1.B--INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE D We did not locate any agency records responsive to your request. Note: Agencies may treat three discrete categories of law enforcement and national security records as not subject to the FOIA ("exclusions"). 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.

D the You may appeal this final determination within 30 calendar days of the date of this response by sending a letter or email to FOIA Officer, at U.S. Nuclear Regulatory Commission, Washington. D.C. 20555-0001, or FOIAResource@nrJUIOV.c 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 next interim response addresses items 50 (ML l 6232A00 I) and 61 (MLl 6242A344) listed in your request. The two responsive records are enclosed, and are released in full. Since the date of your request, ML 16232A00 I and ML I 6242A344 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.

SIGNATURE* FREEDOM OF INFORMATION ACT OFFICER DISTRIBUTION lsteylianie .'A.. 'B{aney I IRES I OFFICE ,t.CJ;IOl'e,X),.fFICEV FOIA OFFICER PUBLIC ADAMS NAME ~rge\S~ev'eris ~anie Blaney Kf )

NON-PUBLIC ADAMS DATE 02/09/2017 02/09/2017 NRC Form 464 Part I (12-2015) Page 1 of 2

Criscione, Lawrence From: Criscione, Lawrence Sent: Thursday, August 18, 2016 2:59 PM To: Littlejohn, Jennene

Subject:

FW: 17 ADAMS documents Attachments: NRC Form 665_Criscione_2016-Aug-3.pdf

Jennene, What do I need to do to get the records below declared Official Agency Records?

Larry 573-230-3959 From: Criscione, Lawrence Sent: Wednesday, August 03, 2016 11:48 PM To: Littlejohn, Jennene <Jennene.Littlejohn@nrc.gov>

Subje ct: 17 ADAMS documents

Jennene, I need the 17 documents listed on the attached NRC Form 665 declared Official Agency Records so that I can reference them in public comments I am making on an NRC report.

I have done a SUNSI review and none of the documents contain any sensitive information:

1. ML16202A536 is an email coordinating a meeting to discuss flooding issues with four attachments already in the public domain.
2. ML16202A537 is an email providing advanced input to a meeting to discuss flooding issues.
3. ML16202A538 is an email providing clarifying information to statements made during a meeting.
4. ML16204A001 is a non-government email sent to some Congressional staffers.
5. ML16204A002 is a letter to the NRC Inspector General that is already in the public domain.
6. ML16216A702 is a non-government email.
7. ML16216A703 is a redacted record released under the Freedom of Information Act.
8. ML16216A704 is a publicly available Linked-In profile.
9. ML16216A705 is a redacted record released under the Freedom of Information Act.
10. ML16216A706 is a FOIA appeal.
11. ML16216A707 is input to a meeting discussing FOIA releases of dam-related information.
12. ML16216A708 is a response to a FOIA inquiry.
13. ML16216A709 is a follow-up to a FOIA appeal.
14. ML16216A710 is a letter providing input to an OIG audit team.
15. ML16216A711 is a briefing package provided by the Union of Concerned Scientists to Chairman Burns and Commissioner Baran.
16. ML16216A712 is a FOIA appeal.
17. ML16216A713 is a table entry showing the dates of when a FOIA request was processed.

I am working from Illinois this week and have limited access to my NRC email account. If you have any questions regarding any of the 17 records, please give me a call at 573-230-3959.

Thanks,

NRC FORM 665 ,,_..........._.\.

U.S. NUCLEAR REGULA TORY COMMISSION (06-2016) i~ t ADAMS DOCUMENT SUBMISSION

\..... i Instructions for completing NRC Form 665 * "Cheat Sheet" (ML15313A310)

Document Owner Originated By Pho ne No. (Enter 1O digits) Mail Stop LAN ID Date LS Criscione LS C riscione (301)415-2129 TWFN/10844 LSC4 2016-Aug-3 If documents are to be put into a package and have the same release properties, list the Document Titles or Accession Numbers below In the order they should appear. Documents with d i fferent release properties and sensitivi ty levels should be listed on additional forms In the order they s hould appear. Examples (ML16035A181)

Not e: Document Owner Is solely responsible for setting tho Availability, Document Sensitivity and Document Security A ccess Level.

Document No. T otal Number of Documents In this package 4 Document Title(s) or Accession No. ML16202A538 ML16202A536, ML16202A537, Ml282iet538, ML16204A001, ML16204A002, ML16216A702, ML16216A703, ML16216A704, ML16216A705, ML16216A706, ML16216A707, ML16216A708, ML16216A709, ML16216A710, ML16216A711, ML16216A712, ML16216A713 Package Title (If necessary):

Is this a bnef title that can be changed by DPC according to template instruction? D Yes 0 No J / 11 ' l. ~4 l'J'1 ..J SUNSI Review has been completed (for Publicly Available Documents) [ZJ Yes No IInitials ..5("' ( ' c Document AVAILABILITY (select one)

[Z] Publicly Available D Non-Publicly Available MO 3.4 Non-Public Item Code (A.3-A.7,81 )

(Indicate Release Date) Document SENSITIVITY (select one)

D Immediate Release ID IA.1 I Sensitive Internal Info - Periodic Review Required (all other ID I A.4 I Sensitive -

Proprietary

[Z] Normal Release sensitive internal info)

Delay Release Until ID IA.1 I Sensitive Internal Info - No ID IA.3 I Sensitive-Security Related - Periodic Periodic Review (attorney work product & client privilege, and Review Required Date pre-decisional enforcement) 0 Non-Sensitive ID jA.6 I Gov't,Sensitive - Fed, State, Foreign International Agency ID js.1 I Non-Sensitive D Non-Sensitive Copyright Controlled Info Note Paci<age to be marked for release 1f two or more documents within the package ID IA.s I(includes Sensitive

  • PA/PII Personally Identifiable ID js.1 ICopyright Non-Sensitive
  • are publicly available Information {PII))

Document SEC URITY ACCESS LEVEL

[Z] Document Processing Center = Owner D Limited Document Security (Defined by User e g .. Joe Smith = Owner)

D NRC Users = Viewer Package Accession No. ADAMS Template No . RIDS Code (If applicable) Other Identifiers Submitted By Phone No. (Entor 10 digits) Mail Stop LANID Date Submitted to DPC ML020170279 Page 1 of 1

Criscione, Lawrence From: Criscione, Lawrence Sent: Thursday, Ju ly 21, 2016 2:56 PM To: Littlejohn, Jennene

Subject:

RE: Emails from May 19, 2016 Thanks From: Littlejohn, Jennene Sent: Thursday, July 21, 2016 2:54 PM To: Criscione, Lawrence <Lawrence.Criscione@nrc.gov>

Subject:

RE: Emails from May 19, 2016 Completed From: Criscione, Lawrence Sent: Thursday, July 21, 2016 2:09 PM To: Littlejohn, Jennene <Jennene.Littlejohn@nrc.gov>

Subject:

RE: Emails from M ay 19, 2016 Thanks Jennene. I just finished the other four.

From: Littlejohn, Jennene Sent: Thursday, July 21, 2016 2:08 PM To: Criscione, Lawrence <Lawrence.Criscione@nrc.gov>

Subject:

RE: Emails from May 19, 2016 Yes, you gave me the correct access rights From: Criscione, Lawrence Sent: Thursday, July 21, 2016 2:06 PM To: Littlejohn, Jennene <Jennene.Littlejohn@nrc.gov>

Subject:

RE: Emails from May 19, 2016 I think I got this done for ML16200A049.

I'm working on doing the same thing to the rest, so please let me know if I didn't do it right for ML16200A049.

Thanks, Larry From: Littlejohn, Jennene Sent: Thursday, July 21, 2016 1:59 PM To: Criscione, Lawrence <Lawrence.Criscione@nrc.gov>

Subject:

RE: Emails from M ay 19, 2016 Okay let me check it for you

From: Criscione, Lawrence Sent: Thursday, July 21, 2016 1:58 PM To: Littlejohn, Jennene <Jennene.Littlejohn@nrc.gov>

Subject:

RE: Emails from May 19, 2016 Done ( I think)

From: Littlejohn, Jennene Sent: Thursday, July 21, 2016 1:39 PM To: Criscione, Lawrence <Lawrence.Criscione@nrc.gov>

Subject:

RE: Emails from May 19, 2016 Hi Larry, I don't have rights to these files, you will need to give NRC users rights as well.

Thanks, Jennene From: Criscione, Lawrence Sent: Wednesday, July 20, 2016 7:54 PM To: Littlejohn, Jennene <Jennene.Littlejohn@nrc.gov>

Subject:

Emails from May 19, 2016

Jennene, ML16201A086, ML16201A095, ML16201A093 and ML16201A100 are emails that I sent on May 19, 2016 and placed in ADAMS yesterday. I have added the following sentence to the Comments field of their ADAMS profiles:

This document was placed in ADAMS on 2016-July-19 so that it could be referenced in public comments concerning an NRC report.

Attached is the documentation of the SUNSI review. There is no sensitive information in any of the four documents. ML16201A093 concerns a publicly released MOU between the ACRS and the USACE. ML16201A086 concerns a FOIA request and appeal. ML16201A095 pertains to the agency's practices for controlling access to SUNS!. ML16201A100 concerns the failure of the upper reservoir of the Taum Sauk pump storage stating outside Lesterville, MO on December 14, 2005 and the resultant flooding that occurred.

Please call me if you have any questions.

Thanks, Larry 573-230-3959

Original Message-----

From: NRCDigitalSender@nrc.gov [1]

Sent: Wednesday, July 20, 2016 7:43 PM To: Criscione, Lawrence <Lawrence.Criscione@nrc.gov>

Subject:

This document was digitally sent to you using Dell Digital Sending device.

NRC FORM 665 (06*2016)

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~ .

') ADAMS DOCUMENT SUBMISSION U.S. NUCLEAR REGULATORY COMMISSION Instructions for completing NRC Form 665 - "Cheat Sheet" (ML15313A310)

Document Owner Originated By Phone No. (Enter 10 digits) Mail Stop LANID Date LS Criscione LS Criscione (301) 415-2129 TWFN/1O844 LSC4 07/20/20 16 If documents are to be put into a package and have the same release properties, list the Document Titles or Accession Numbers below in the order they should appear. Documents with different release properties and sensitivity levels should be listed on additional forms in the order they should appear. Examples (ML16035A181J Note: 1Document Owner is solely responsible for setting the Availability, Document Sensitivity and Document Security Access Level.

Document No. Total Number of Documents in this package 4 Document Title(s) or Accession No. ML 162O1AO86 ML 162O1AO95 ML 162O1AO93 ML 162O1A10O Package Title (if necessary):

Is this a brief title that can be changed by DPC according to template instruction?

Yes [Z] No J / ,,..., ~)1 ,~ 4

. )411--1...f IInitials c5?' >C

[Z]

SUNSI Review has been completed (for Publicly Available Documents) Yes No Document AVAILABILITY (select one)

[ZJ Publicly Available D Non-Publicly Available MD 3.4 Non-Public Item Code (A.3-A.7, 81)

(Indicate Release Date) Document SENSITIVITY (select one)

D Immediate Release ID IA.7 I Sensitive Internal Info - Periodic Review Required (all other ID IA.4 ISensitive -

Proprietary

[Z] Normal Release sensitive internal info)

D Delay Release Until ID IA. 1 ISensitive Internal Info - No ID IA.3 I Sensitive-Security Periodic Review (attorney work Related - Periodic product & client privilege, and Review Required Date pre-decisional enforcement)

[Z] Non-Sensitive I D I A. 6 I Sensitive - Fed, State, Foreign Gov'!, International Agency I D I s .1 I Non-Sensitive D Non-Sensitive Copyright Controlled Info Note: Package to be marked for release if two or more documents within the package ID IA.s ISensitive - PA/PI I ID 1 8 1 INon-Sensitive -

(includes Personally Identifiable Copyright are publicly available Information (PII))

Document SECURITY ACCESS LEVEL

[Z] Document Processing Center = Owner D Limited Document Security (Defined by User e.g., Joe Smith = Owner)

D NRC Users = Viewer Package Accession No. ADAMS Template No. RIOS Code { if applicable) Other Identifiers Submitted By Pih one No. (Enter 1O digits) Mail Stop LAN ID Date Submitted to OPC ML020170279 Page 1 of 1

Criscione, Lawrence From: Criscione, Lawrence Sent: Wednesday, July 20, 2016 7:33 PM To: Littlejohn, Jennene

Subject:

ML16200A049 Attachments: image2016-07-20-192330.pdf

Jennene, I placed ML16200A049 in ADAMS two days ago. I need it to be an official agency record so that I can reference it in public comments I am making on the NRC Chairman's response to the Office of Special Counsel.

Attached is the SUNSI review.

The document was originated by Donna Sealing (who's retired). It is a letter she sent to a member of the public in which she gave an agency position on "Official Use Only" information. Although this letter is currently in the public domain, it is not in ADAMS. It was official correspondence written in response to a FOIA request. The version I have of it was used in a FOIA Appeal. I dlo not have the original version of the record.

I added the following sentence to the document's comments:

This document was placed in ADAMS on 2016-July-18 so that it could be referenced in public comments concerning an NRG report.

Please give me a call if you have any questions.

Thanks, Larry 573-230-3959

Original Message-----

From: NRCDigitalSender@nrc.gov [2]

Sent: Wednesday, July 20, 2016 7:24 PM To: Criscione, Lawrence <Lawrence.Criscione@nrc.gov>

Subject:

This document was digitally sent to you using Dell Digital Sending device.

NRC FORM 665 r ........ U.S. NUCLEAR REGULATORY COMMISSION

'"-Wt'

(()6.2016)

) ~

ADAMS DOCUMENT SUBMIISSION

-../ J Instructions for completing NRC Form 665 * "Cheat Sheet" (ML15313A310)

Document Owner Originated By Phone No. (Enter 10 digits) Mail Stop LAN ID Date LS Criscione DL Sealing (301) 415-2 129 TWFN/10B44 LSC4 07/20/2016 If documents are to be put into a package arnd have the same release properties, list the Document Titles or Accession Numbers below in the order they should appear. Documents with different release properties and sensitivity levels should be listed on additional forms in the order they should appear. Examples (ML16035A181J Note: Document Owner is solely responsible for setting the Availability, Document Sensitivity and Document Security Access Level.

Document No.JI! L 16200A049 Total Number of Documents in this package Document Title(s) or Accession No.

2012-Nov-15 Letter from the NRC Freedom of Information Act/Privacy Act Officer regarding FOIA request 2013-0034 Package Title (if necessary):

0 Is this a brief title that can be changed by DPC according to template instruction? Yes No ,l /, c-_.~/., ,',.._ ,4'.'(),(~11J SUNS! Review has been completed (for Publicly Available Documents) [Z] Yes No IInitials,~ C Document AVAILABILITY (select one)

IZ] Publicly Available D Non-Publicly Available MD 3.4 Non-Public Item Code (A.3-A.7, 81)

(Indicate Release Date) Document SENSITIVITY (select one)

Immediate Release I D IA.? I Sensitive Internal Info - Periodic Review Required (all other I D I A.4 I Sensitive -

Proprietary 0 Normal Release sensitive internal info)

Delay Release Until I D IA.1 I Sensitive Internal Info - No I D jA. 3 I Sensitive-Security Periodic Review (attorney work Related - Periodic product & client privilege, and Review Required Date pre-decisional enforcement)

Non-Sensitive ID 1A.6 j Sensitive - Fed, State, Foreign Gov't, International Agency 8 1 I D 1

  • I Non-Sensitive Non-Sensitive Copyright Controlled Info Note: Package to be marked for release if two or more documents within the package I IA.s ISensitive - PNPII I I 8 .1 I Non-Sensitive -

(includes Personally Identifiable Copyright are publicly available Information (PII))

Document SECURITY ACCESS LEVEL

[Z] Document Processing Center = Owner D Limited Document Security (Defined by User e.g., Joe Smith= Owner)

NRC Users = Viewer Package Accession No. ADAMS Template No. RIOS Code (if applicable) Other Identifiers Submitted By Phone No. (Enter 10 digits) Mail Stop LAN 10 Date Submitted to OPC ML020170279 Page 1 of 1

VERIFICATION OF IDENTITY AND SWORN AUTHORIZATION FOR RELEASE OF INFORMATION I, _ Lawrence S. Criscione_ , hereby affirm my identity. I understand that penalties for false statements may be imposed upon me pursuant to 18 U.S.C. 1001 , and that pursuant to 5 U.S.C.552a(i)(3), any person who knowingly and willfully requests or obtains any record concerning an individual from an agency under false pretenses shall be guilty of a misdemeanor and fined not more than $5,000.

I also authorize the U.S. Nuclear Regulatory Commission to release to the FOIA requesters in FOIA-2016-0607, FOIA-2016-0664, and FOIA-2016-0665 and any other FOIA requests seeking access to records that I have placed into ADAMS during the time period, July 19-August 29, 2016, if there may be other requests, the records that I placed in ADAMS for the express purpose that they could be referenced in public comments concerning an NRC report. These records are: ML16195A368, ML16195A369, ML16201A086, ML16201A093, ML16201A095, ML16201A100, ML16202A536, ML16202A537, ML16202A538, ML16204A001 , ML16204A002, ML16216A702, ML16216A703 , ML16216A704, ML16216A705, ML16216A706, ML16216A707, ML16216A708, ML16216A709, ML16216A710, ML16216A711 , ML16216A712, ML16216A713, ML16232A001 , ML16236A018, ML16236A019, ML16236A021 , ML16236A230, ML16237A004, ML16237A005, ML16237A006, ML16237A007, ML16238A005, ML16238A006, ML16238A007, ML16238A008, ML16238A009, ML16238A010, ML16238A011 , ML16238A013, ML16238A014, ML16239A085, ML16242A333, ML16242A343, ML16242A344 and any other records associated with OIG Case 13-001 , OIG Case 13-005 or OSC File No. 01-15-5254 or in ADAMS package ML16195A365. I also authorize the U.S. Nuclear Regulatory Commission to place the agency's FOIA response, and any released records including my personally identifiable information (Pll) or other information in which I may have privacy interests, in public ADAMS .

I, _ Lawrence S. Criscione_ , declare (or certify, verify, or state) under penalty of perj ury under the laws of the United States of America that the foregoing is true and correct.

[SIGNATURE]

l d ..,,_ r e 1-1 c e

[PRINTED NAME]

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/110 CL, "2 le/(:?

[DATE OF BIRTH]

Executed on: /4 ,j 1---.<; -I- 2 c,., 'l O I6

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