ML20346A194
| ML20346A194 | |
| Person / Time | |
|---|---|
| Issue date: | 04/21/2017 |
| From: | Mcmillian J NRC/OCIO |
| To: | Hixson L Enformable |
| Shared Package | |
| ML20346A189 | List: |
| References | |
| FOIA, FOIA/PA-2016-0731, NRC-2016-000731 | |
| Download: ML20346A194 (3) | |
Text
NRC FORM 464 Part I (OIG) U.S. NUCLEAR REGULATORY COMMISSION FOIA RESPONSE NUMBER (03-2017)
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RESPONSE TO FREEDOM OF I 2016-0731 11 13 I
i INFORMATION ACT (FOIA) REQUEST RESPONSE
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TYPE INTERIM FINAL REQUESTER: DATE:
!Lucas Hixson DESCRIPTION OF REQUESTED RECORDS:
II APR 2 1 2017 I
Records corresponding to items 1 (pertaining to a 12/ l 8/12 letter from Sen. Lieberman to the Inspector General) and 46 (ML16216A710), 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 hllps://www.nrc.99v/readin9~rm/foia/contact-foia.html Agency records subject to the request are already available on the Public NRG Website, in Public ADAMS or on microfiche in the 0 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 NO FEES AMOUNT" You will be billed by NRG for the amount listed.
0 Minimum fee threshold not met.
II 11 You will receive a refund for the amount listed. 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 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 11.
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.
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 _FOIA.Resource@nrc.gov. Please be 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 httgs://ogis.archives.gov/about-ogis/contact-information.htm PART I.C COMMENTS ( Use attached Comments continuation page if required)
This interim response addresses two more of the records (or groups ofrecords) enumerated in your request. Please note that, since the date of your request, ML16216A710 has been removed from ADAMS. However, because the NRC was able to locate this record by the accession number when your request was received, we have processed the record.
In item I, you requested the records pertaining to a December 18, 2012 letter from Senator Joseph Lieberman, Chairman of the Senate Committee on Homeland Security & Governmental Affairs, to NRC Inspector General Hubert Bell,
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NRC Form 464 Part I (OIG) (03-2017)
NRC FORM 464 Part I (OIG) U.S. NUCLEAR REGULATORY COMMISSION FOIA RESPONSE NUMBER (03-2017)
RESPONSE TO FREEDOM OF INFORMATION I 2016-0731 11 13 I
ACT (FOIA) REQUEST Continued RESPONSE TYPE 0 INTERIM FINAL REQUESTER: DATE:
jLucas Hixson 11 ll2R 2 1 JOl1 I PART I.C COMMENTS (Continued) including all studies or investigations done in response to that letter and any follow-up correspondence with the committee.
Your request noted that the records should include those deemed responsive to FOIA-2015-0451 or other relevant requests.
We have enclosed a copy of the records, as released in FOIA-2015-0451, except as noted herein. First, since Mr. Criscione has provided a privacy waiver to you, his identity and other personally identifiable information (PIT) that had been denied in FOIA-2015-0451 has been restored; these pages are enclosed. Second, many of the records included in FOJA-2015-0451 were also responsive to item 10 of your request (records pertaining to OJG case #Cl3-001, which included the records processed in FOIA-2014-0186). Since we have already provided you with redacted versions of Exhibits 4-7 in interim #2 and redacted versions of the Report oflnvestigation and Exhibits 1 and 8 in interim #4 (as some of the records corresponding to item 10, we have not provided them again. We note that another request, FOIA-2016-0397 (and its appeal, FOJA-2016-00SSA) asked for any studies reviewed by the OIG regarding security at Lake Jocassee Dam and all replies from the OIG to the Senate Committee on Homeland Security & Governmental Affairs concerning the December 18, 2012 letter from Senator Lieberman to Hubert Bell. No responsive records were located; this determination was affirmed on appeal.
The record responsive to item 46 is an email that transmits an attached letter from Lawrence Criscione to OIG staff, dated January 5, 2014, regarding an audit ofNRC's FOIA process. The identities of third parties (other than Mr. Criscione, in light of the aforementioned privacy waiver), or other FOJA requesters whose requests have been made publicly available in ADAMS) have been redacted on the basis of exemption 6. Portions of the letter that reflect internal deliberations among NRC staff, of which the letter's originator became aware as part of his official duties, have been redacted on the basis of exemption 5. We note that this same redacted content appears in records responsive to prior requests, FOIA-2015-0018, 2015-0019, and 2015-0020, and was also addressed in the FOIA Officer's interim # 11 response to you concerning items 3 and 4 of your request.
NRC Form 464 Part I (OIG) (03-2017) Page 3 of 3
NRC FORM 464 Part II (OIG) U.S. NUCLEAR REGULATORY COMMISSION FOIA (03-2017)
RESPONSE TO FREEDOM OF 1 2016-0731#13 INFORMATION ACT (FOIA) REQUEST DATE:
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.
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 Formerly 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.
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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.
[Z] Deliberative process privilege.
D Attorney work product privilege.
D Attorney-client privilege.
'77 l..!.J 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.
[ZJ 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.
[ZJ (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.
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.
APPELLATE OFFICIAL
---..::_ ufu ui-i-tCIAL TITLE/OFFICE RECORDS DENIED r,,- EDO SECY IG l Joseph A. McMillan I 11 Assistant Inspector General for Investigations, OIG I 3rd party PII; internal deliberations I
I 11 11 I 11 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 (OIG) (03-2017) Page 1 of 1