ML20346A190
| ML20346A190 | |
| Person / Time | |
|---|---|
| Issue date: | 01/05/2017 |
| From: | Argent N, Mcmillan J NRC/OCIO |
| To: | Hixson L Enformable |
| Shared Package | |
| ML20346A189 | List: |
| References | |
| FOIA, FOIA/PA-2016-0731, NRC-2016-000731 | |
| Download: ML20346A190 (4) | |
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, Nina Argent FOIA Officer (Acting)
NRC FORM 464 Part I (OIG)
U.S. NUCLEAR REGULATORY COMMISSION FOIA RESPONSE NUMBER (12-2015)
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I 2016-0731 11 I
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RESPONSE TO FREEDOM OF 2
I INFORMATION ACT (FOIA) REQUEST
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I RESPONSE [Z]
TYPE INTERIM FINAL REQUESTER:
DATE:
!Lucas Hixson l I JAN O 5 2017 I
DESCRIPTION OF REQUESTED RECORDS:
Records corresponding to the OIG allegations/investigations identified in items 6-8, 9, 10, and 14 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 pr on microfiche in the NRG Public Document Room.
[Z] 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' s II II You will be billed by NRG for the amount listed.
None. Minimum fee threshold not met.
'See Comments for details You will receive a refund for the amount listed.
Fees waived.
PART I.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.
[Z] We have withheld certain information pursuant to the FOIA exemptions described, and for the reasons stated, in Part II.
[Z]
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 D the FOlA Officer, at U.S. Nuclear Regulatory Commission, Washington, D.C. 20555-0001, or FOIA.Resource@nr.G...fJQY, 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.
As noted in your request for various OIG allegation and investigation files, the responsive records have been the subject of one or more prior FOIA requests. Upon receipt of your request, we revisited the prior FOIA responses and, as
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NRC Form 464 Part I (OIG) (12-2015)
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NRC FORM 464 Part I (OIG)
(12,2015)
U.S. NUCLEAR REGULATORY COMMISSION FOIA RESPONSE NUMBER 1
2016-0731 11 2
RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST Continued
RESPONSE
TYPE 0 INTERIM FINAL REQUESTER:
DATE:
!Lucas Hixson 11 JAN o 5 2017 I
PART I.C COMMENTS (Continued) appropriate, made any changes deemed appropriate. This interim response provides you with copies of those prior FOIA responses and released records for which it has been determined that no changes need to be made. We note that our response herein takes into account the privacy waiver furnished by a subject of, or an individual whose name appears in, certain of these allegation/investigation records. As a courtesy, we have included copies of the agency's prior responses, as well as the released records, so that you can correlate the allegation/investigation records were the FOIA responses you cited in your request.
Item 6 asks for records pertaining to OJ G A 13-07114 and C 13-005; some of these records were the subject of FOIA-2014-021 I and FOIA-2016-0647.
Item 7 asks for records pertaining to OIG A 13-07251; these records were the subject of FOIA-2014-0351.
Item 8 asks for records pertaining to OIG A 14-07512; these records were the subject of FOIA-2016-0340.
Item 9 asks for records pertaining to OIG A 11-06735 and C 11-031; these records were the subject of FOIA-2014-0188 (and its appeal, FOIA-2014-0022A), FOIA-2014-0246 (and its appeal, 2014-0026A), FOIA-2014-0323, and FOIA-2014-0324.
Item 10 asks for records pertaining to OIG A 12-07095 and C 13-00 I; some of these records were the subject of, 2013-0153 (and its appeal, FOIA-2013-0008A), FOIA-2014-0237#2, FOIA-2014-0238, FOIA-2014-0239, FOIA-2014-0253, and FOIA-2016-0647.
Item 14 asks for records pertaining to OIG A 13-07267 and C 13-052; these records were the subject ofFOIA-2014-0238 and FOIA-2015-0244.
NRC Form 464 Part I (OIG) (12-2015)
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NRC FORM 464 Part II (OIGJ U.S. NUCLEAR REGULATORY COMMISSION FOIA (12-2015) r"'**mt-~,,
I 2016-0731 #2 !
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RESPONSE TO FREEDOM OF E
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INFORMATION ACT (FOIA) REQUEST
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I Ji\\N O 5 2017 I 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. 4 702(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).
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.
0 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.
0 (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.
0 (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 an individual.
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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.
nc:Nv111.1f'! nc-1=1r.lAL TITLE/OFFICE RECORDS DENIED APPELLATE OFFICIAL EDO SECY IG C- ~ph A. MCMIiian I I Assistant Inspector General for Investigations, OIG I I PH of 3rd parties; investigative techniques I I
11 11 I
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Appeals must be made in writing 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. Pl~ase be sure to include on your letter or email that it is a "FOIA Appeal."
NRC Form 464 Part II (OIG) (12-2015)
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