ML20346A196
| ML20346A196 | |
| Person / Time | |
|---|---|
| Issue date: | 07/11/2017 |
| From: | Mcmillian J NRC/OCIO |
| To: | Hixson L Enformable |
| Shared Package | |
| ML20346A189 | List: |
| References | |
| FOIA, FOIA/PA-2016-0731, NRC-2016-000731 | |
| Download: ML20346A196 (2) | |
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 2016-0731
RESPONSE
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............. INTERIM FINAL TYPE REQUESTER: DATE:
!Lucas Hixson 11 JA..11m I DESCRIPTION OF REQUESTED RECORDS:
Records corresponding to item 11 (Al3-07105 and Cl 3-002), 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 1.8 --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 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 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)
This interim response addresses the records compiled with respect to A 13-07105 and C 13-002. As you noted in your request, two prior FOIA requests (FOIA-2014-0332 and 2015-0254) had asked for records relating to A 13-07105. At the time of the processing of these prior requests, however, the investigative project housing these records was still open so any responsive records were withheld in their entirety. Since he project is now closed, we have now processed the records. WE note that, because Mr. Criscione has provided a privacy waiver to you, to the extent his identity and any other personally identifiable information (PII) appears in any of the* responsive records, we have not redacted such information.
SIGAIATU 0 i:: * , ~NT INSPECTOR GcNERAL FOR INVESTIGATIONS, OIG I
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NRC FORM 464 Part II (OIG) U.S. NUCLEAR REGULATORY COMMISSION FOIA (03-2017)
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INFORMATION ACT (FOIA) REQUEST DATE:
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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 NRG.
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).
0 Exemption 5: The withheld information consists of interagency or intraagency records that are normally privileged in civil litigation.
0 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 dearly 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.
(E) Disclosure would reveal techniques and procedures for law enforcement investigations or prosecutions, or guidelines that could reasonably be 0 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.
APPELLATE OFFICIAL
~ING ni::i::1r.1 "i_ TITLE/OFFICE RECORDS DENIED
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EDO SECY IG
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~sepn A. McMillan 11 Assistant Inspector General for Investigations, OIGj I I I 11 11 I 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."
NRG Form 464 Part II (OIG) (03-2017) Page 1 of 1