ML20346A193
| ML20346A193 | |
| Person / Time | |
|---|---|
| Issue date: | 02/23/2017 |
| From: | Mcmillian J NRC/OCIO |
| To: | Hixson L Enformable |
| Shared Package | |
| ML20346A189 | List: |
| References | |
| FOIA, FOIA/PA-2016-0731, NRC-2016-000731 | |
| Download: ML20346A193 (3) | |
Text
NRC FORM 464 Part I (OIG) U.S. NUCLEAR REGULATORY COMMISSION FOIA RESPONSE NUMBER (12-2015)
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~°":, RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST I 2016-0731 11 i I
RESPONSE
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+.it TYPE [Z] INTERIM FINAL REQUESTER: DATE:
!Lucas Hixson DESCRIPTION OF REQUESTED RECORDS:
11 FEB 2 3 20fZ I Records corresponding to items 39 (MLl6204A002) and 59 (MLl6239A085) 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 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 11 You will be billed by NRG for the amount listed.
0 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.
0 We have withheld certain information pursuant to the FOIA exemptions described, and for the reasons stated, in Part IL Because this is an interim response to your request, you may not appeal at this time. We will notify you of your right to 0 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 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)
Jn conformance with the FOIA Improvement Act of2016, the NRC is informing you that: (I) you have the right to seek assistance from the NRC's FOIA Public Liaison; (2) you have the right to seek dispute resolution services from the NRC's FOIA Public Liaison or the Office of Government Information Services; and (3) notwithstanding the language in Parts I.Band 1 l.B of this form, you may appeal this final determination 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." [continued on next page]
SIGNATURE. ASSISTANT INSPECTOR Gfml RAL FOR INVESTIGATIONS, OIG DISTRIBUTION Joseyli .JI.. JvtcJvttrran/~lvvJ>Ew..v 11
~ , OFFICER __
OFFICE. ACTlqt1O~R PUBLIC ADAMS I,..,,_
- -~o'"I NAME _ns LJ ~ ~ A ' . ~ z./~11'1 I I NON-PUBLIC ADAMS DATE 02/21/2017 NRC Form 464 Part I (OIG) (12-2015) Page 1 of 3
NRC FORM 464 Part I (OIG) U.S. NUCLEAR REGULATORY COMMISSION FOIA RESPONSE NUMBER (12-2015)
RESPONSE TO FREEDOM OF INFORMATION 1 2016-0731 II ACT (FOIA) REQUEST Continued
RESPONSE
INTERIM FINAL TYPE REQUESTER: DATE:
!Lucas Hixson PART I.C COMMENTS (Continued)
II FEB 2 3 2017 I This final response addresses two more of the records requested in this 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.
ML16204A002 is a copy of a letter addressed to Inspector General Hubert Bell. It was released in part in response to a prior request, FOIA-2016-0064. Personally identifiable information of the third party who submitted the letter was redacted pursuant to FOIA exemption 7(C). We continue to withhold these portions on that basis.
ML16239A084 consists of (1) an email exchange among the General Counsel to the Inspector General, the NRC Solicitor, and the lawyer of an individual (who has provided us with a privacy waiver) with respect to the resolution of a prior FOIA lawsuit; (2) a letter from the General Counsel to the Inspector General to that individual, and (3) a copy of the stipulation of dismissal of that lawsuit, which is publicly available. They are enclosed.
NRC Form 464 Part l (OIG) (12-2015) Page 3 of 3
NRC FORM 464 Part II (OIG) U.S. NUCLEAR REGULATORY COMMISSION FOIA (12-2015)
RESPONSE TO FREEDOM OF 1 2016-0731 #'6 INFORMATION ACT (FOIA) REQUEST DATE:
I FEB 2 3 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)).
0 Exemption 1: The withheld information is properly classified pursuant to an Executive Order protecting national security information.
0 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.
0 Sections 141-145 of the Atomic Energy Act, which prohibits the disclosure of Restricted Data or Formerty Restricted Data (42 U.S.C. 2161-2165).
0 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.
D 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.
0 Deliberative process privilege.
0 Attorney work product privilege.
0 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 clearty 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.
0 (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.
(D) The information consists of names and other information 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.
APPELLATE OFFICIAL DENYING OFFICIAL TITLE/OFFICE RECORDS DENIED EDO SECY IG I Joseph A. McMillan 11 Assistant Inspector General for Investigations, OIG! I third party PIT I
II 11 I I II lI l 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 f~Ol~.Resource@nrc.gov. Please be sure to include on your letter or email that it is a "FOIA Appeal."
NRC Form 464 Part II (OIG) (12-2015) Page 1 of 1