ML20294A165
| ML20294A165 | |
| Person / Time | |
|---|---|
| Issue date: | 08/11/2017 |
| From: | Stephanie Blaney NRC/OCIO |
| To: | Lawrence Criscione - No Known Affiliation |
| Shared Package | |
| ML20294A162 | List: |
| References | |
| FOIA, NRC-2016-000785 | |
| Download: ML20294A165 (14) | |
Text
NRC FORM 464 Part I U.S. NUCLEAR REGULATORY COMMISSION FOIA RESPONSE NUMBER (03-2017) *¥'
I II I
RESPONSE TO FREEDOM OF 2016-0785 2
i
~* -)
INFORMATION ACT (FOIA) REQUEST
RESPONSE
[Z]
.I INTERIM FINAL TYPE REQUESTER:
DATE:
!Lawrence Criscione 11 08/11/2017 I DESCRIPTION OF REQUESTED RECORDS:
Records corresponding to MLI 6232A001, MLI 6242A343, and MLI 6242A344, as further explained in the Comments Section, below.
PART I. -- INFORMATION RELEASED You have the right to seek assistance from the NRC's FOIA Public Liaison. Contact information for the NRC's FOIA Public Liaison is available at http.s;/lwww.nr.c,g_o_v/re.amng-mi/foia/gmt~:.fQiaJJtmJ D Agency records subject to the request are already available on the Public NRG Website, 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.
We are continuing to process your request.
0 See Comments.
PART I.A -- FEES NO FEES AMOUNT*
You will be billed by NRC for the amount listed.
11 11 0
Minimum fee threshold not met.
You will receive a refund for the amount listed.
D Due to our delayed response, you will
'See Comments for details Fees waived.
not be charged fees.
PART I.B -- INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE D We did not locate any agency records responsive to your request. Note: A~encies may treat three discrete categories of law enforcement and national security records as not subject to the FOIA ("ex usions). 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.
0 We have withheld certain infomiation 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 by sending a letter or e-mail to the FOIA Officer, at U.S. Nuclear Regulatory Commission, Washington, D.C. 20555-0001, or..EQ!A,8~.S.~Y.l'.!;;.e@nr~gQ~ Please be
[ZJ sure to include on your letter or email that it is a "FOIA Appeal." You have the right to seek dispute resolution services from the NRC's Public Liaison. or the Office of Government Information Services (OGIS). Contact information for OGIS is available at htt(,'.!s://ogis.archives..gov/abQut-Qgis./contact-information.htm PART I.C COMMENTS ( Use attached Comments continuation page if required)
We provided an interim response to you, dated 02/09/2017, addressing the first and third records of this request. This final response addresses the second request, MLl 6242A343.
ML16242A343 consists of several documents that you prepared. The first document is an email, dated September I 0, 2016, addressed to multiple NRC staff members in the Office of Nuclear Regulatory Research (RES). Although the email
[ continued on next page]
Signature - Freedom of Information Act Officer or Desianee
!Stephanie A. Blaney Oigaffy ligned' 11Y Stepha,n: A Slwley' ON; C"'US, Q:=U-6 Govemmenl, 01.i=t.'-S. N.dtarAeoutato,y Commiaion,au,::NRC-PIV. cn"5tepnarneA Blaney, 0.ln3'2 19200Xl0 ;00_11><20Ct:01997
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NRC FORM 464 Part I (03-2017)
REQUESTER:
U.S. NUCLEAR REGULATORY COMMISSION RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST Continued
!Lawrence Criscione PART I.C COMMENTS (Continued)
FOIA I 2016-0785
RESPONSE
TYPE RESPONSE NUMBER II 2
INTERIM l I FINAL DATE:
11 08/11/2017 indicates that there was a draft attachment, this record does not include the attachment. The second document is another email, dated September 9, 2016, from you to a few of the same RES staff members, to which is attached five Forms 665 (ADAMS Document Submission). This record is enclosed; please note that after consulting with another Federal agency having equity in the information contained in the record, we have made certain redactions in reliance on FOIA exemptions 6, 7 A, and 7C.
NRC Form 464 Part I (03-2017)
Page 3 of3 I
I
NRC FORM 464 Part II (00.2017)
U.S. NUCLEAR REGULATORY COMMISSION RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST PART II.A - APPLICABLE EXEMPTIONS FOIA 1
2016-0785 DATE:
1 os111,2011 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)).
D Exemption 1: The withheld information is properly classified pursuant to an Executive Order protecting national security information.
D Exemption 2: The withheld information relates solely to the internal personnel rules and practices of NRC.
D Exemption 3: The withheld information is specifically exempted from public disclosure by the statute indicated.
D Sections 141-145 of the Atomic Energy Act, which prohibits the disclosure of Restricted Data or Fonnerly Restricted Data (42 U.S.C. 2161-2165).
D Section 147 of the Atomic Energy Act, which prohibits the disclosure of Unclassified Safeguards Information (42 U.S.C. 2167).
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.
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 or confidential business (proprietary) information.
The information was submitted by a foreign source and received in confidence pursuant to 10 CFR 2.390(d)(2).
D Exemption 5: The withheld information consists of interagency or intraagency records that are normally privileged in civil litigation.
D Deliberative process privilege.
0 Attorney work product privilege.
D Attorney-client privilege.
r71 Exemption 6: The withheld infonnation from a personnel, medical, or simUar file, is exempted from public disclosure because its disclosure would result L!....l in a clear1y unwarranted invasion of personal privacy.
[l] Exemption 7: The withheld information consists of records compiled for law enforcement purposes and is being withheld for the reason(s) indicated.
[{J (A) Disclosure could reasonably be expected to interfere with an open enforcement proceeding.
[{J (C) Disclosure could reasonably be expected to constiMe an unwarranted invasion of personal privacy.
(D) The information consists of names and other infonnation 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.
D (F) Disclosure could reasonably be expected to endanger the life or physical safety of an individual.
0 Other I I
PART 11.B ** DENYING OFFICIALS In accordance with 10 CFR 9.25(g) and 9.25(h) of the U.S. Nuclear Regulatory Commission regulations, the official(s) listed below have made the determination to withhold certain information responsive to your request DENYING OFFICIAL TITLE/OFFICE RECORDS DENIED APPELLATE OFFICIAL EDO SECY I
Rochelle Bavol 11 Exec Asst to the Secy to the Commission 11 third party PI!: material pertaining to ongoing I 0 I
I 11 I
proceeding I
11 I
Appeals must be made in writing within 90 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."
NRC Form 464 Part II (03-2017)
Page 1 of1
Criscione, Lawrence From:
Sent:
To:
Subject:
Attachments:
Mike et. al.,
Criscione, Lawrence Saturday, September 10, 2016 2:43 PM Weber, Michael; Hackett, Edwin; Correia, Richard; Thaggard, Mark; Peters, Sean Request an Open Door Meeting on Tuesday, Sept. 13 highlighted draft.pdf First off, the attached document is potential! (b)(6),(b)(7)(A),(b (7)(C)
(b (6),(b)(7)(A),(b)(7)(C) please do not forward the attached document.
I would like to meet to discuss:
- 1. the attached comments!(b)(6).(b)(7)(A).(b)(7)(C) l(b)(6),(b)(7)(A),(b)(7)(C) I and
- 2. the fifty highlighted ADAMS references on pp. 88-92 of the attached.
So My daughter is getting married on September 24th and my last day in Rockville prior to her wedding is Tuesday (Sept. 13).
If we cannot meet this Tuesday, some date after Sept. 24th is fine. Never meeting is fine too if that is what you prefer. But I believe, if we are going to meet, the sooner the better.
Also, I would like Ed, Rich, Mark and Sean at our meeting. It's fine with me if any of them are not present due to either scheduling conflicts or due to their desire not be involved. I would like to invite them as a courtesy to keep them directly informed and also because apparently some of them have been involved in discussions with OIG and OGC regarding the ADAMS documents mentioned above.
Regarding the attached document, one of two things will happen with it:
(b)(6),(b)(7)(A),(b)(7)(C)
It's not my place to tell you what to read and what not to read. But I suspect that regardless of which scenario above plays out, the attached document is something you are going to want to be familiar with at some point. That being the case, I would prefer that you at least read pp. 30-40, pp. 48-49, and pp. 14-17 (in that order of importance) prior to our Tuesday meeting since those are the pages that reference the ADAMS records that are likely of most controversy.
The various sections on pp. 8-49 are in the order that I consider to be most germane to least germane with regard to my argument that the Chairman's investigation of my flooding concerns was inadequate; these sections are all disconnected and can be read in any order. If you would like to read the Chairman's response (i.e. the document on which I am commenting), it can be found at ML16195A368. That document, my comments, as well as all the highlighted references were added to ADAMS package ML16195A365. If you cannot see some of the references, that is because they you do not have viewer rights to them. You should have viewer rights to all the records for which I am still listed in ADAMS as an "owner".
While preparing m ______...,..,..comments, I entered into ADAMS documents which I intended to reference in those comments.
n u y 20 and August 3 I submitted Sensitivity Reviews for the first batches of documents. Yesterday (Sept. 9), while preparing the Sensitive Reviews for the document entered into ADAMS after August 3rd, I realized that twenty of the documents I had earlier entered into ADAMS had either been removed or were no longer visible to me.
Jennene referred me to Rich who was out on Friday; so I spoke with Mark Thaggard. From my conversation with Mark, it was apparent that RES had been meeting with OGC and OIG regarding the documents I had placed in ADAMS in July and August.
I do not expect my chain of command to inform me every time OIG and OGC ask about me. But regarding to these ADAMS documents, it is highly inefficient and ineffective to keep me out of the discussions. It is the tactic of an organization trying to subvert the actions of one of its concerned technical staff and not the tactic of an organization with a strong Open and Collaborative Work Envirnnment looking to understand and resolve the concerns of its technical staff.
On Tuesday, I would like to meet with my RES chain of command and explain why I need the records entered into ADAMS by me in July, August and September to be declared "Official Agency Records" and to be publicly available. I do not expect any commitments to be made by you at that time; all I expect is an opportunity to inform you of my position and to answer any questions you might have.
I assume it is possible that either all or some of these records will not be declared as "Official Agency Records" or that either all or some of them will not be made Publicly Available. If you agree with those possibilities, then I would also like to discuss my options for-outside of using NRC ADAMS-publicly posting these documents in a place where I can reference them in my comments.
Thank you, Larry Lawrence S. Criscione Reliability & Risk Engineer RES/DRA/HFRB Tl0-B44 (573) 230-3959
NRC FORM 665.~-
U.S. NUCLEAR REGULA TORY COMMISSION (07-2016)
(.
ADAMS DOCUMENT SUBMISSION
\\ ~-
Instructions for completing NRC Form 665 * "Cheat Sheet* (ML15313A310)
Document Own r Originated By Phone No. (Entor 10 digits) Mail Stop LAN ID Date Criscione, L.S.
Criscione, L.S.
(573) 230-3959 TWFN/1O844 LSC4 2O16-Sept-9 If document are to be put Into a packag and have the same relea e properties, list the Document Titles or Acces Ion Numb rs below In the order they should appear. Documents with different release propertle nd ensillvlty level hould bo II l d on ddltlon I form In th order they should appear. Examples (ML16035A181J Note: Docum nt Owner I solely re pon lbl for ettlng the Av ilablllty, Document Sen ltlvlty and Document Security Ace Level.
Document No.
Tot I Number or Documen In thl p ckag Document Till (s) or Acee sion No.
I ML16195A368, 2016-Jun-30 Response by the NRC Chairman to!(b)(6),(b)(7)(A),(b)(7)(C) l<b)(6),(b)(7)(A),(b)(7)(C)
I Package Title (If nece ary):
Is this a br1 f litle Iha! can be changed by DPC according 10 template Instruction?
Ye
[Z] No SUNSI R view ha b n completed (for Publicly Available Documents)
[Z] Ye No I Initial 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 I
IA.4 I Sensitive -
D Normal Release Review Required (all other Proprietary sensitive internal info)
[Z] Delay Release Until ID IA.7 I Sensitive Internal Info - No ID j A.3 I Sensitive-Security Periodic Review (attorney work Related - Periodic product & client privilege. and Review Required Date pre-decisional enforcement)
[Z] Non-Sensitive ID 1A.6 I Sensitive - Fed, State, Foreign ID 1 8 *1 I Non-Sensitive Non-Sensitive Copyright Gov't, International Agency Controlled Info ID 1 8 *1 I Non-Sensitive -
Note. Package to be marked for release if ID IA.5 I Sensitive - PA/PII two or more documents within the package (includes Personally Identifiable Copynght are publicly available Information (PII))
Document SECURITY ACCESS LEVEL
[0 Document Processing Center I = Owner I I [Z] NRC Users I= Viewer I D
Limited Document S cunty (Defin d by Group or User e.g., Jo Smith = Owner)
Package Ace Ion No.
ADAMS T mpl t No.
RIDS Cod (If pphc bl )
Other Id ntmers Special Instruction Submitted By Phone No. (Enter 10 digit ) Mall Stop LANID 0 le Submitt d to DPC ML020170279 Page 1
/ ~
U.S. NUCLEAR REGULA TORY COMMISSION (07-2016)
ADAMS DOCUMENT SUBMISSION
... //
Inst.ructions for complellng NRC Form 665 * "Cheat Sheet* (ML15313A310)
Document Owner Originated By Phone No. (Enter 10 digits) Mail Stop LAN 10 Dal Criscione, L.S.
Criscione, L.S.
(573) 230-3959 TWFN/10844 LSC4 2016-Sept-9 If document are to b put Into a package and h.ave the ame relea e propertle, Ii t the Document TIiie or Acces ion Numbers below In the order they should pp ar. Documents with different releoso properties and sensitivity levels should b listed on ddltional forms in th order they should app ar. Eumpl
/ML 16035A 18\\j Note: Document Owner l olely re pon lbl for sen ng lhe Avail blllty, Document Sensitivity and Document Security Acee, L vel.
Document. No.
Total Number of Document In thi p ck g Docum nt Title( ) or Acee on No.
ML16242A333 and ML16252A004 Package TIiie (If neces ary):
Is this a brief utle th t can be changed by DPC according to t mpl te 1nstructIon?
[Z] y No SUNSI Review ha b en completed (for Publicly Avail bl Documenls)
[Z] Ye No I Initial
~c Document AVAILABILITY (select one)
[Z] Publicly Available D
Non-Publicly Available MD 3.4 Non-Public Item Code (A.3-A. 7, B1)
(Indicate Release Date)
Document SENSITIVITY (select one)
Immediate Release ID IA.7 I Sensitive Internal Info - Periodic ID IA.4 I Sensi~ive -
0 Normal Release Review Required (all other Propnetary sensitive internal info)
Delay Release Until ID IA,? I Sensitive Internal lflfo - No ID IA,J I Sensitive-Security Periodic Review (attorney work Related - Periodic product & client privilege, and Review Required Date pre-decisional enforcement) 0 Non-Sensitive ID IA,6 I Sensitive - Fed, Stale, Foreign ID 1°-1 I Non-Sensitive Non-Sensitive Copyright Gov't, International Agency Controlled Info Note: Package to be marked for release if ID IA,5 I Sensitive - PA/PII ID 16*1 I Non-Sensitive
- two or more documents wilhin the package (Includes Personany Identifiable Copyright are publicly available Information (PIil)
Document SECURITY ACCESS LEVEL 10 Document Processing Center I =
Owner I J [{] NRC Users J = Viewer I Limited Document Security (D fin d by Group or User e.g., Joe Smith = Own r)
Packag Ace s Ion No.
ADAMS T mpl te No.
RIDS Code (If applicable) 0th r ldentlfi Special In !ruction Submitted By Phone No. (Enter 10 digits) Mall Stop LAN ID Date Submitted to OPC ML020170279 Page 1
U.S. NUCLEAR REGULA TORY COMMISSION I
(07-2016)
ADAMS DOCUMENT SUBMISSION
\\
ij Instructions for completing NRC Form 665. "Cheat Sheer* (ML15313A310)
Docum nt Owner Originated By Phone No. (Enter 10 digits) M 11 Stop LAN ID Oat Criscione, LS.
Criscione. L.S.
(573) 230.3959 TWFN/10B44 LSC4 2016-Sept*9 If document are to be put into a package and have the same relea e properties, list the Document Till or Acee Ion Numb rs b low in the order thoy hould appear. Documents with dlff r nt r lease propertle and sensitivity level hould be II ted on dditionai form In the order thoy should app ar. Example (ML 1603$A181J Note: Docum nt Owner I olely r pon ble for ettlng the Avallablllty, Document Sensitivity and Document S curlty Acee s Level.
Oocumen*t No.
Total Numb r of Documen In thl ID ck go Document TIU ( ) or Ace ion No.
ML16195A369, 2016-July-7 Letter from !(0 J(f:lJ,(bJ(()(AJ,(o)(IJ(cJ Ito Lawrence Criscione reaardinal(b)(6J,(b)(7J(AJ.(b)(7J(C)
(b)(6),(b)(7)(A),(b)(7)(C)
Package Till (If nee ry):
Is this a brief htle th t can be ch nged by OPC ccordlng to tempi le In truction?
Ve
[Z] No SUNSI Review ha b n completed (for Publicly Available Docum nts)
[Z] y No l1nltl I Document AVAILABILITY (select one)
[ZI 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 J Sensitive Internal Info - Periodic ID I A.4 J Sensitive -
[ZI Normal Release Review Required (all other Proprietary sensitive internal info)
D Delay Release Until ID JA.7 J Sensitive Internal Info - No ID JA.3 J Sensitive-Security Periodic Review (attorney work Related - Periodic product & client privilege, and Review Required Date pre-decisional enforcement)
[ZI Non-Sensitive ID IA.6 J Sensitive - Fed, State, Foreign ID Js.1 I Non-Sensitive Nan-Sensitive Copyright Gov't, International Agency Controlled Info Note Package to be marked for release if ID JA.5 J Sensitive - PA/PII ID 18*1 J Non-Sensitive -
two or more documents wIth1n the package (includes Personally Identifiable Copyright are publicly available Information (PII ))
Document SECURITY ACCESS LEVEL 10 Document Processing Center J = Owner I I IZJ NRC Users J = Viewer I Limited DoctJm nt Secunty (De In d by Group or User e.g., Joe Smith = Owner)
Package Ace Ion No.
ADAMS Templat No.
RIDS Cod (if pplIcable)
Other ldenllfle Special In truction Submitted By Phone No. (Enter 10 digits) Mall Stop LANIO Date Submitted to OPC ML020170279 Page 1
NRC FORM 666.,,~..
U.S. NUCLEAR REGULA TORY COMMISSION (07-2016) t. l ADAMS DOCUMENT SUBMISSION
.. f )
Instructions for completing NRC Form 665 * '"Cheat Sheet* (ML15313A310)
Document Owner Originated By Phone No. (Enter 10 digits) Mall Stop LAN 10 Date Criscione, LS.
Criscione, LS.
(573) 230-3959 TWFN/10844 LSC4 2016-Sept-9 II document are to b put Into a package and h.ave the ame release properties, Ii t the Document Title or Acee sion Numb rs below In th order they should appear. Documents with different rele11 e properties and sensitivity levels should b llst.ed on additional forms In th ordor they hould app ar. Exampl (ML16035A181)
Note; Document Owner l olely r pon lbl for tung the Avallablllty, Document Sen ltlvlty and Document Security Acces Level.
Docum nt No.
Total Number of Oocumen In thl p ck g Document Title( I or Acee on No.
ML16232A001, ML16236A018, ML16236A019. ML16236A021, ML16236A230, ML16237A004, ML16237A005, ML16237A006, ML16237A007, ML16238A005, ML16238A006, ML16238A007, ML16238A008, ML16238A009.
ML16238A010, ML16238A011, ML16238A013, ML16238A014, ML16239A085, Mt16242A333, ML16242A344 (ML16242A333 is being submitted on a separate form )
Package liltle (if nece sary):
Is this a brief ulle th t can be changed by DPC according to tempi te 1nstruc11on?
[Z] Ye LJ No SUNS! Review ha b en completed (fOf Publicly Avail ble Documenls)
[Z] Yo No I Initial
... ~c Document AVAILABILITY (select one)
[Z] Publicly Available D
Non-Publicly Available MD 3.4 Non-Public Item Code (A.3-A.7, B1)
(Indicate Release Date)
Document SENSITIVITY (select one)
D Immediate Release ID 1A.7 I Sensitive Internal Info
- Periodic ID IA.4 I Sensi!ive
- 0 Normal Release Review Required (all other Proprietary sensitive internal info)
D Delay Release Until I Sensitive-Security ID 1A.7 I Sensitive Internal Info
- No ID 1A.3 Periodic Review (attorney work Related - Periodic product & client privilege, and Review Required Date pre-decisional enforcement) 0 Non-Sensitive I D 1A.6 I Sensitive - Fed, State, Foreign ID 1 8*1 I Non-Sensitive D
Non-Sensitive Copyright Gov'l, International Agency Controlled Info Note: Package to be marked for release if I D IA,S I Sensitive
- PA/PII ID 1 8*1 I Non-Sensitive
- two or more documenls within the package (Includes Personally Identifiable Copyright are publicly available Information (PII))
Document SECURITY ACCESS LEVEL 10 Document Processing Center I = Owner I I IZJ NRC Users I= Viewer I D
Limited Document Secunty (0 fined by Group or User e.g., Joe Smith = Owner)
Pack g Ace s Ion No.
ADAMS T mpl t No.
RIDS Code (1f pph ble) 0th rid ntifl Special 1n trucllon Submitted By Phone No. (Enter 10 digits) Mall Stop LANI0 Date Submltt d to 0PC ML020170279 Page 1
U.S. NUCLEAR REGULA TORY COMMISSION (07-2016) i ADAMS DOCUMENT SUBMISSION
... ?J Inst.ructions for completing NRC Form 665 * "Cheat Sheet* (ML15313A310)
Document Owner Originated By Phone No. (Enter 10 digits) M II Stop LAN ID Date Criscione, L S.
Criscione, L. S.
(573) 230-3959 TWFN/10844 LSC4 2016-Sept-9 If document are to be put Into a package and h.ave the same release properties, II t the Document TIiie or Accession Numbers below In th order they should ppear. Document with different rolea e propertlo and ensltlvlty levels should be llst.ed on ddltlonal forms In th ord r they hould app ar. Ellample (ML16035A181)
Note: Do cum nt Owner ls ol ly r pon lbl for tting the Avallablllty, Oocum nt S n ltlvity and Document Security Acee*
L vel.
Docum nt No.
Total Numb r of Docum nt In 1hl p cka Document Tille( ) or Acee Ion No.
ML16244A000, ML16244A001, ML16244A002, ML16244A003, ML16244A004, ML16244A005, ML16244A006, ML16244A007, ML16244A008, ML16244A009, ML16245A000, ML16245A001,
ML16245A002 Package Tit.le (If nece sary):
Is this a brie tllle th t can be changed by DPC according to 1 mpl t 1nstruct1on?
[Z] Ye No SUNSI Review ha b en compl t d (for Publicly Available Documents)
[Z] Ye No I Initial
~c D ocument AVAILABILITY (se lect one)
[Z] Publicly Available D
Non-Publicly Available MD 3.4 Non-Public Item Code (A.3-A.7, B1)
(Indicate Release Date)
Document SENSITIVITY (select o ne)
Immediate Release ID JA.7 J Sensitive Internal Info - Periodic I
JA.4 J Sensi~ive *
[Z] Normal Release Review Required (all other Proprietary sensitive internal info)
Delay Release Until J Se nsitive-Security ID 1A.7 I Sensitive Internal Info. No ID 1A.3 Periodic Review (attorney work Related - Periodic product & client privilege, and Review Required Date pre-decisional enforcement)
[Z] Non-Sensitive ID IA,6 I Sensitive - Fed, State, Foreign ID J s.1 I No n-Sensitive D
Non-Sensitive Copyright Gov't, International Agency Controlled Info Note: Package to be marked for release if ID I A,S I Sensitive - PA/PII ID Js.1 J Non-Sensitive
- two or more documents within the package (includes Personallry Identifiable Copyright are publicly available Information (PII ))
Document SECURITY ACCESS LEVEL 10 Document Processing Center I = Owner I I [{] NRC Users I= Viewer I D
Limited Document Security (D fin d by Group or U er e.g., Joe Smith = Owner)
Packag Acces Ion No.
ADAMS T mplate No.
RIDS Code (1f pplicable) 0th rldentlfl Special In !ruction Submitted By Phone No. (Enter 10 digits) Mall Stop LAN 10 Date Submitted to DPC ML020170279 Page 1
Criscione, Lawrence From:
Sent:
To:
Cc:
Subject:
Attachments:
Sean/Rich, Criscione, Lawrence Friday, September 09, 2016 5:15 PM Peters, Sean; Correia, Richard Thaggard, Mark ADAMS records concerning !(b)(6),(b)(7)(A) (b)(7)(C)
NRC Form 665s for ADAMS referrence related to !(b)(6),(b)(7)(A),(b)(7)(C)
Attached are five NRC Form 665s for some records I added to ADAMS in order to reference them in my comments on the (b ( l.(b ( (A.( ( ( )
concerning the agency's handling o oo mg at nuc ear power pants. ennene-as we as - s ou be listed as the owner on all the below mentioned records.
On July 20, 2016 I sent Jennene a list of five documents to make Official Agency Records in ADAMS. On August 3, 2016 I sent her a list of another 17 documents. These documents are listed in ML16232A001. As of today, I can no longer see these records in ADAMS other than ML16202A536 (a 2016-May-9 email from me to Kirkwood, Holahan and Clark) and ML16200A049 (a letter sent to Dave Lochbaum). I was informed by Jennene that they have been removed from ADAMS.
I' b )16). lb }(7}(A}, (b )II}( CJ Yesterday, I submitted my comments on!(b)(5).(b)(7l(A).(b)(7)(C)
! In those comments, 119 ADAMS records are referenced, 66 of which I placed in ADAMS over the past two months specifically to enable me to reference them in my comments. Twenty of these have since been removed (according to Jennene-1 have no reason to doubt Jennene, but the other possibility is that they are still in ADAMS but I am no longer able to view them).
If the NRC will be removing all my references from ADAMS, please let me know so I can re-submit my comments to (bl(6),(b)(7l(A),
ith different references.
(b)(7)(C)
Although I had no idea the NRC would remove my ADAMS references, yesterday it became apparent to me that the NRC was likely to block making many of my references either Official Agency Records or Publicly Available-either of which would inhibit me from linking to them. With that in mind, I reached out to Lucas Hixson about posting some of my records at EnvironmentalArchives.com. I sent him 25 records last night and on Sunday plan to compile more to send. However, this was never meant to be the primary source of my reference-only a public internet link. I believe it appropriate that my primary source be NRC ADAMS.
Thirty-seven records are contained on the attached forms. I have done the sensitivity analysis and none of them contain any sensitive information:
- 1.
(b)(6),(b)(7)(A),(b)(7)(C)
(bJ(6J,(b1\\rJ(AJ,(b)(?)(cJ I It is currently in ADAMS with restricted viewing rights. Other than the two of you, myself and Jennene, only eight NRC personnel have been assigned viewing rights (Perkins, Bensi, Philip, Kanney, Ferrante, Mitman, Pohida, and Patterson). These eight were subject matter experts who were assisting me with commenting upon the report. None of them require continued
There is nothing sensitive in this record. However, I recommend that the a 6195A369 an "Official Agency Record" (bJ(6},(bl( )(Al,(b)( H l
"'(b....,)(""6)...,,.,(b..... )(7..,.)(,....A,....,),(,...,.b)(7""')""'(C"'"J---~-----------, Access to ML16195A369 is res nc e s1m1 ar o ML16195A368.
- 3. ML16242A333 and ML16252A004 are, respectively, my comments in accordance with!(b)(6),(b)(7)(AJ,(b)(7)
!(b)(6).(b)(7)(A).(b)(7)(C)
I fhere is nothing sensitive in either of these records. However, I recommend that the agency not make these records "Official Agency Records"!(b)(6).(6)(7)(A).(b)(7)(C)
- 4. ML16232A001 contains the sensitivity reviews done for the five records sent to Jennene in July and the seventeen sent in August. There is nothing sensitive about this document.
- 5. ML16236A018 contains a style sheet used by the personnel doing the NRC staff assessments of the flooding reviews. I placed it in ADAMS because it was one of two guidance documents I could find for doing staff assessments. There is nothing sensitive about this document.
- 6. ML16236A019 is a video of flooding into the Auxiliary Building at the St. Lucie nuclear power plant on January 9, 2014. I referenced it !(b)(6),(b)(7)(AJ,(b)(7)(C)
I because the incident occurred AFTER the plant had done their post-Fukushima flooding walkdowns. There is nothing sensitive about this video. It shows a passageway in the Auxiliary Building with water flowing from a non-descript electrical panel and an Equipment Operator standing is a several inches of water in front of an electrical switchgear. It also shows a flooded contamination area.
- 7. ML16236A021 is an email from Vic McCree distributing the video mentioned above. This record also contains a congratulatory email from Bill Dean. There is nothing sensitive in this record. I referenced it
!(bll6).(6)(7J(A),(b)i1J(Cl l to highlights Vic's concerns regarding flooding.
- 8. Ml1ti236A230 1s a 2010-Feo-13 memo from George Wilson requesting a generic issue on flooding from dam failures. It was my first exposure to the dam failure issue and thus the beginning of this saga for me. I referenced it!(b)(6),(6)(7)(A),(b)(7)(C)
I
!(b)(6),(b)(7)(A).(b)(7)(C) 1-I believe it to be a valid agency record, but do not require it to support my comments (although I prefer to retain it in ADAMS since it made it into the references section). There is information in this memo that at one point was considered sensitive, but no longer is. All the information contained within it is already in the public domain.
- 9. ML16237A004 are some 2013-Mar-25 emails released to me under the Freedom of Information act with a power point presentation attached that was presented by Duke Energy at an NRC public meeting. All this material is already in the public domain and is thus not sensitive.
- 10. ML16237A005 is an email that was released to me under the Freedom of Information Act. All this material is already in the public domain and is thus not sensitive.
- 11. ML16237A006 is an update to a FOIA appeal sent from me to the EDO. It consists entirely of information already in the public domain and is thus not sensitive.
- 12. ML16237A007 is an email I received from Jim Riccio of Greenpeace. Coming from Greenpeace, it is by definition already in the public domain and is thus not sensitive.
- 13. ML16238A005 through ML16238A009 are interview transcripts released to me under the Freedom of Information Act. I have placed them in ADAMS in order to reference them in my comments to the OSC. Having already been released under the Freedom of Information Act, they are already in the public domain and thus not sensitive.
- 14. ML16238A010 and ML16238A011 are recordings of my 2013-Jan-17 interrogation by the NRC Office of the Inspector General. I have placed them in ADAMS in order to reference them !(b)(6),(b)(7J(A),(b)(7)(Cl I
!(b)(6),(6)(7)CA),(6)(7)(C)
!They were released to me as part of the settlement to a Privacy Act lawsuit and are thus already 1n the public domain and not sensitive.
- 15. ML16238A013 is a record released to me under the Freedom of Information Act. It is already in the public domain and therefore there is nothing sensitive about this record.
- 16. ML16238A014 is a record released to me under the Freedom of Information Act. It is already in the public domain and therefore there is nothing sensitive about this record.
- 17. ML16239A085 is a letter informing me that the Inspector General had closed his investigation of me for releasing flooding related information to Congress. Also contained in this record is the settlement agreement that required him to submit this letter to me. This letter was written to me as a public citizen
as part of a court approved settlement to a lawsuit and therefore is not the ro erty of the agency. I have entered it into ADAMS in order to reference it (b (6),(b ( )(A),( (7)(
to show that I was only informed of the closure of the IG's investigation o me ue to a requirement in a legal settlement and that this information came fourteen months after the NRC first threatened me with felony charges, thirteen months after the DoJ rejected the NRC's request for an indictment, and seven months after the NRC closed their investigation of me. The only possible claim to sensitivity regarding this document is to protect my privacy and I have obviously waived that right to privacy by including it as a reference in
!(W6J,(bJ(7)(AJ,(b)(7)(CJ I There is therefore nothing sensitive about this record.
- 18. ML16242A344 is a sworn authorization that the FOIA office requested I sign. Although I do not reference it l(b)(6J,(b)(7J(A),(b)(7)(CJ
!this record pertains to the many of the other documents referenced in those comments and I have placed it in ADAMS so it is clear to anyone who might question the NRC's release of potentially private information about me that I have waived my expectation of privacy. There is nothing sensitive about this record.
- 19. ML 16244A00O is an interview transcript released to me as part of the settlement of a Privacy Act lawsuit and is thus alread in the ublic domain and not sensitive. I have placed it in ADAMS in order to reference it ( C,(b l(A),(b ( ( >
- 20. ML16244A001 and ML16244A007 are recordings of my 2013-Jan-17 interrogation b the NRC Office of the Inspector General. I have placed them in ADAMS in order to reference them in (b)C6).(b)(7J(A),(b)(7)(C) l(b)(6),(b)(7)(~ ),(b)(ci(C~ ~hey w~re rele~sed to me as p~~ of the settlement to a Privacy Act lawsuit and are thus area y In lhe public domain and not sens1tIve.
21. ML16244A008 is an email I wrote to Commissioner Ostendorff. I contains attachments that were at one time considered sensitive but have since been released. This document is not sensitive.
- 22. ML16244A009 is a record released to me under the Freedom of Information Act and is thus already in the public domain and not sensitive.
- 23. ML 16245AO0O contains records that were released to me under the Freedom of Information Act. It also contains a 10 CFR 2.206 petition that I submitted as a member of the public. Nothing in it is sensitive.
- 24. ML16245A001 contains records that were released to me under the Freedom of Information Act. It also contains two emails discussing items from a recent IAEA trip by two human and organizational factors personnel. Nothing in it is sensitive.
- 25. ML16245A002 contains a record released to me under the Freedom of Information Act and is thus already in the public domain and not sensitive.
This email was originally started as the transmittal of sensitivity reviews of the records listed above, but during the preparation of it I noticed that records I had entered into ADAMS were no longer present. I just discussed this issue with Mark.
As US citizens we have a First Amendment right to criticize our government. That right is not absolute. There are laws that prohibit the release of confidential medical information, military secrets, proprietary information, safeguards information, etc. No one is on shaky ground when enforcing these laws. However, I would tread carefully were I to be in a position to tell a subordinate what information they can and cannot share publicly. I (b)(6),(b)(7)(A),(b)(7)(C) thing. But it is completely different to use administrative rules to inhibit my First Amendment right to criticize how my government is addressing significant public concerns. If there is information-generated by me or given to me under the FOIA-that I cannot share publicly, I need to know what statute prevents it.
If the NRC will not allow the above references to be placed in ADAMS, then I would like a timely answer as to what information I am legally restricted from publicly sharing on my own. (b ( l,(b ( (A,(bl( )( l Please let me know expeditiously what the NRC intends with regard to the ADAMS records mentioned in this email and those submitted in August and July.
ML16242A333 (b)(6),(b)(7)(A),{b)(7)(C) watermark deno ing I as a document: (bl( ),{b)(7)(A),{b)(7)(C)
(b)(6),(b)(7)(A).(b)(7)(C) is currently checked out by me. The copy in ADAMS has a raft". In one sense, there is nothing predecisional about the ou uni y o 1n1s ecom1ng an gency Record". In order to finish this task, I need to know which ADAMS references will be in the public NRC ADAMS, which I must place onto an outside server, and which cannot be made public.
Thank you, Larry Lawrence S. Criscione Reliability & Risk Engineer RES/DRA/HFRB Tl0-B44 (573) 230-3959