ML20346A191
| ML20346A191 | |
| Person / Time | |
|---|---|
| Issue date: | 01/09/2017 |
| From: | Mcmillan J NRC/OCIO |
| To: | Hixson L Enformable |
| Shared Package | |
| ML20346A189 | List: |
| References | |
| FOIA, FOIA/PA-2016-0731, NRC-2016-000731 | |
| Download: ML20346A191 (3) | |
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 NRC.
Sincerely yours, 5~
13~ ISi Stephanie Blaney FOIA Officer
NRC FORM 464 Part I (OIG)
U.S. NUCLEAR REGULATORY COMMISSION FOIA RESPONSE NUMBER (12-2015)
- ~~
I 11 3
I RESPONSE TO FREEDOM OF 2016-0731 l
2
- " It INFORMATION ACT (FOIA) REQUEST
/~
RESPONSE 0 TYPE INTERIM FINAL REQUESTER:
DATE:
!Lucas Hixson 11 JAN -0 9 2017 I DESCRIPTION OF REQUESTED RECORDS:
Records pertaining to OIG allegation #A 14-07534, "Potential Interference with a FOIA Request by the Director of Public Affairs" 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.
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 II You will be billed by NRC 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.
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 appeal any of the responses we have issued in response to your request when we issue our final determination.
D 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.Besoi,m::.e@rn:_c,QQY, Please be sure to include on your letter or email that it is a "FO!A 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 the records responsive to item l 7 of your request. These records were generated or compiled during the OIG's consideration of#A14-07534 and #ClS-006. Your request correctly noted that some of these records may have been assembled under FOIA/PA-2015-0330.
SIGNATURE. ASSISTANT INSPECTOR GENERAL FOR INVESTIGATIONS, OIG jJoseyli.'A.. McMi((an I
NRC Form 464 Part I (OIG) (12-2015)
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NRC FORM 464 Part II (OIG)
(12-2015)
U.S. NUCLEAR REGULATORY COMMISSION 1,...F_O_IA _______ __,
1 RESPONSE TO FREEDOM OF I
20l6-0731 INFORMATION ACT (FOIA) REQUEST DATE:
I dAN o 9 2017 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)).
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.
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. 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.
D Attorney work product privilege.
D 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.
[Z] Exemption 7: The withheld information consists of records compiled for law enforcement purposes and is being withheld for the reason(s) indicated.
D (A) Disclosure could reasonably be expected to interfere with an open enforcement proceeding.
[Z] (C) Disclosure could reasonably be expected to constitute an unwarranted invasion of personal privacy.
'71 (D) The information consists of names and other information the disclosure of which could reasonably be expected to reveal identities of confidential L!.J sources.
r;i (E) Disclosure would reveal techniques and procedures for law enforcement investigations or prosecutions. or guidelines that could reasonably be L!.J expected to risk circumvention of the law.
D (F) Disclosure could reasonably be expected to endanger the life or physical safety of an individual.
D 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.
TITLE/OFFICE RECORDS DENIED APPELLATE OFFICIAL EOO SECY C i-:foseph A. McMillan 11 Assistant Inspector General for Investigations, OIGI I conf source; invest techniques, 3rd party PI! J II 11 I
I 11 11 I
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. Please be sure to include on your letter or email that it is a "FOIA Appeal."
IG NRC FQrm 464 Part II (OIG) (12-2015)
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