ML20346A197
| ML20346A197 | |
| 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: ML20346A197 (3) | |
Text
NRC FORM 464 Part I (OIG) U.S. NUCLEAR REGULATORY COMMISSION FOIA RESPONSE NUMBER II (12-2015)
I ii'
~
~t...,
~): . 1 r/1
.......... +IS' RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST 2016-0731
RESPONSE
TYPE 0 INTERIM 16 FINAL I
REQUESTER: DATE:
!Lucas Hixson 11 A 111)(7 I
DESCRIPTION OF REQUESTED RECORDS:
Records corresponding to items 9 (A 11-0673 5 and C 11-031 ), IO (A 12-07095 and C 13-001 ), and 13 (A 13-07258 and C 13-045), 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.
We are continuing to process your request.
0 See Comments.
PART I.A -- FEES AMOUNT" 0
You will be billed by NRC for the amount listed. None. Minimum fee threshold not met.
$ II i
-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
[Z] 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 30 calendar days of the date of this response by sending a letter or email to D 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 addresses additional records compiled during the course of the above-referenced investigations, which were not previously addressed in interim responses #2. 4, and 14. These records were assembled as part of this office's responses to FOIA-2014-024 7 and 2014-0327. To the extent these prior FOIA responses included records we have already addressed in interim responses 2, 4, and 14, we have not included them again. Upon receipt of your request, we revisited these prior responses and, as appropriate, restored some information that had been redacted
[continued on next page].
l(s1Gfll.AT11 .i..- A"'"'""TANT INSPECTDR-GEf.lERAL FOR INVESTIGATIONS, OIG
- <.. I~ -
1fu~ey11, ..1-t..
-
- EllA.;~
- u....., .* I NRC Form 464 Part I (OIG) (12-2015) Page 2 of 3 Qelete Ctri111~on Page
NRC FORM 464 Part I (OIG) U.S. NUCLEAR REGULATORY COMMISSION FOIA RESPONSE NUMBER (12-2015)
I 20 16-073 I 11 16 I RESPONSE TO FREEDOM OF INFORMATION 1-=====;;;;;;;!J.!;::;;;;;====;;;;:.j ACT (FOIA) REQUEST Continued RESPONSE INTERIM FINAL TYPE REQUESTER: DATE:
!Lucas Hixson 11 a. 1 1 2011 PART I.C COMMENTS (Continued)
We note that our response herein takes into account the privacy waiver furnished by a subject of, or an individual whose name appears in, these records. As a courtesy, we have included copies of the agency's prior responses, as well as the released records, so that you can correlate the allegation/investigation records were the FOlA responses in which they were previously addressed (some of which you cited in your request).
With this response, we have fully addressed the records responsive to items 9, 10, and 13. With the issuance of this response, only item 15 of your request remains to be addressed.; we note that there are a substantial number of records but we will make every effort to complete processing as soon as practicable. Your continued patience is appreciated.
NRC Form 464 Part I {OIG) {12-2015) Page 3 of 3
-:~:,
NRC FORM 464 Part II (OIG) U.S. NUCLEAR REGULATORY COMMISSION FOIA (03-2017) s , ,i
- rr/
RESPONSE TO FREEDOM OF I 2016-0731 # 16 I
"+-, ~o
,t INFORMATION ACT (FOIA) REQUEST DATE:
- 11**
I Jl.1 1 2017 I
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 clearly 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.
I Other 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
( F~NG OFFICIAL TITLE/OFFICE RECORDS DENIED EOO SECY IG l(losen0\. McMillan I I I *~stant Inspector General for Investigations, OIG I deliberations: 3rd party PII: investigative I I II I Itechniques 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."
NRC Form 464 Part II (OIG) (03-2017) Page 1 of 1