ML20346A195
| ML20346A195 | |
| Person / Time | |
|---|---|
| Issue date: | 06/01/2017 |
| From: | Mcmillian J NRC/OCIO |
| To: | Hixson L Enformable |
| Shared Package | |
| ML20346A189 | List: |
| References | |
| FOIA, FOIA/PA-2016-0731, NRC-2016-000731 | |
| Download: ML20346A195 (2) | |
Text
NRC FORM 464 Part I (OIG) U.S. NUCLEAR REGULATORY COMMISSION FOIA RESPONSE NUMBER I
(12-2015)
~*:**20u4 2016-0731 14
/~**~ RESPONSE TO FREEDOM OF 11 I
.. "'**--* /
- I. :
\ INFORMATION ACT (FOIA) REQUEST
RESPONSE
TYPE [a INTERIM FINAL REQUESTER: DATE:
!Lucas Hixson 11 a o1 2011 I DESCRIPTION OF REQUESTED RECORDS:
Records corresponding to items 12 (A 13-07209 and C 13-027), 13 (A 13-07258 and C 13-045), and 16 (A-14-07527), 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 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.
0 We are continuing to process your request.
0 See Comments.
PART I.A - FEES AMOUNT*
II You will be billed by NRC for the amount listed.
0 None. Minimum fee threshold not met.
$ II
- see Comments for details You will receive a refund for the amount listed. Fees waived.
PART 1.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 FO!A 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 0 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.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)
This interim response supplements our interim response #4, which included some of the records compiled in A 13-07248 and Cl3-045. As your request noted, some of these records had been processed in FOIA-2014-0341. But records were also processed previously in FOIA-20 I4-0327, so these additional records have now been addressed herein. In addition, this response addresses the records from A 14-07527, which had previously been withheld in their entirety in FOJA-2015-0305 since the allegation was an open matter at that time. And, finally, our response addresses the records compiled in A 13-07209 and C 13-027, which remains an open project.
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NRC FORM 464 Part II (OIGJ (03-2017)
RESPONSE TO FREEDOM OF U.S. NUCLEAR REGULATORY COMMISSION FOIA
...,--20-,-6--0-73-,-#-,4-..... I INFORMATION ACT (FOIA) REQUEST DATE:
1 .AIN o1 20n 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 dassified 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 Formerly Restricted Data (42 U.S.C. 2161-2165).
D Section 147 of the Atomic Energy Act, which prohibits the disdosure of Undassified Safeguards Information (42 U.S.C. 2167).
41 U.S.C. 4702(b), which prohibits the disdosure 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.
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 disdosure 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.
[ZJ (A) Disdosure 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 disdosure of which could reasonably be expected to reveal identities of confidential 71 Lt.J sources.
(E) Disdosure would reveal techniques and procedures for law enforcement investigations or prosecutions, or guidelines that could reasonably be 71 Lt.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 I __________________________________________
Other ..._ __.
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
--- y"il\l~ OFFICIAL TITLE/OFFICE RECORDS DENIED EDO SECY 10 IJoseph A. McMillan 11 Assistant Inspector General for Investigations, OJGI Iopen investigatory records; 3rd party PJI;
._____ ___.I I J Iconfidential source; investigatory techniques 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