ML20350B611
| ML20350B611 | |
| Person / Time | |
|---|---|
| Issue date: | 10/30/2017 |
| From: | Mcmillan J NRC/OCIO, NRC/OIG |
| To: | Lochbaum D Union of Concerned Scientists |
| Shared Package | |
| ML20350B609 | List: |
| References | |
| FOIA, FOIA/PA-2018-0010, NRC-2018-000103 | |
| Download: ML20350B611 (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 I 2018-0010 11 2
I t . . ........... .,.r INFORMATION ACT (FOIA) REQUEST RESPONSE
-1" TYPE [Z] INTERIM FINAL REQUESTER: DATE:
David Lochbaum, Union of Concerned Scientists II OCT 3 O 2017 I
DESCRIPTION OF REQUESTED RECORDS:
Records corresponding to items 23, 25, 43-49, 56-63, 66, and 67 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.
Agency records subject to the request are enclosed.
Records subject to the request that contain infom,ation originated by or of interest to another Federal agency have been referred to that agency (see comments section) for a disclosure detem,ination and direct response to you.
0 We are continuing to process your request.
0 See Comments.
PART I.A - FEES AMOUNT" You will be billed by NRG for the amount listed. None. Minimum fee threshold not met.
$ 11 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 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 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_E_QIA.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 second interim response, which is the first response addressing records under the jurisdiction of the Office of Inspector General (OIG), addresses 19 additional records responsive to your request. Although these records have been removed from ADAMS, because the NRC was able to locate them by the accession numbers during the processing of FOIA requests seeking the same records within the past year, we have considered the records as described below.
In responding to your request, we have taken into account the privacy waiver furnished by Lawrence Criscione.
[ continued on next page]
SIG.J.'P!_!ln.- "'-~~l~TANT INSPECTOR GENERAL FOR INVESTIGATIONS, OIG
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Ju;s-ey,., - I NRC Form 464 Part I (OIG) (12-2015) Page 2 of 3
NRC FORM 464 Part I (OIG) U.S. NUCLEAR REGULATORY COMMISSION FOIA RESPONSE NUMBER (12-2015) 1 201 s-0010 2 11 RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST Continued RESPONSE INTERIM FINAL TYPE REQUESTER: DATE:
David Lochbaum, Union of Concerned Scientists 11 _(U 3 o 2011 I PART I.C COMMENTS (Continued)
The record you identified as ML16216A703 (item 23) has been determined not to be an agency record. This record consists of three separate records: (1) this Office's Form 464-0IG response to a previous FOIA request submitted by Lawrence Criscione; (2) a Memorandum to File that was released in part in that response; and (3) an annotated version of a Declination Sheet, which was also partially released in that response. However, this copy of the Declination Sheet contains an annotation that was added to the record, presumably by Mr. Criscione, after he received it in response to his FOIA request. The NRC has not located another copy of the annotated Declination Sheet in its records systems.
Because these three records were assembled into a single record when Mr. Criscione added them to ADAMS, which you requested in that form, we have considered them as a single record. Accordingly, the record has been determined to be a personal record, not subject to the FOIA, and has not been processed.
Each of the records requested in items 25 (ML16216A705) and 43-47 (ML16238A005-ML16238A009) is described in your request as an interview of a named third party. As such, to the extent such records exist and constitute agency records, they are withheld in their entirety on the basis of FOIA exemption 7(C).
Ten (10) enumerated documents, including ML16244A000 (item 56), which appears to be an annotated, partial transcript of Mr. Criciscione's interview conducted by OIG, and nine (9) mp3 audio clips that were created from an audio transcript of that same interview: ML16244A001 (item 57); ML16244A002 (item 58); ML16244A003 (item 59);
ML16244A004 (item 60); MLl 6244A005 (item 61 ); MLl 6244A006 (item 62); MLl 6244A007 (item 63);
ML I 6238A010 (item 48); and MLI6238A011 (item 49) have also been determined to be personal records. Since these records were selectively culled from the totality of the original audio and written transcript of interview, including some additional commentary presumably added by Mr. Criscione after he received these pages in response to a FOIA request, and the OIG did not locate other copies of these identical records in its records systems, we determined they are personal records, not subject to the FOIA, and have not been processed. Please also note that, with respect to items 61 and 62, by our response, we are not confirming that your description of these items (which includes the name of a third party) is correct.
Both MLI6245A000 (item 66) and MLI6245A001 (item 67) consist of multiple pages from two different OIG investigative files, selectively culled from the totality of the files, with typewritten commentary and highlighting throughout, apparently added by Mr. Criscione after he received these pages in response to a FOIA request. Since the OJG did not locate another copy of these identical records in its records systems, we determined they are personal records, not subject to the FOJA, and have not been processed.
NRC Form 464 Part I (OIG) (12-2015) Page 3 of 3
NRC FORM 464 Part II (OIG)
(03-2017)
RESPONSE TO FREEDOM OF U.S. NUCLEAR REGULATORY COMMISSION FOIA
- ..-,-2-0-1s--00_1_0#-2 --,I INFORMATION ACT (FOIA) REQUEST DATE:
I OCT 3 0 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)).
D Exemption 1: The withheld information is properly classified 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).
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 1 O 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 1 O CFR 2.390(d)(2).
D 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 disclosure because its disclosure would result in a clearty unwarranted invasion of personal privacy.
[ { ] Exemption 7: The withheld information consists of records compiled for law enforcement purposes and is being withheld for the reason(s) indicated.
D (A) Disclosure could reasonably be expected to interfere with an open enforcement proceeding.
[{] (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.
~1'-----------------------------------------------'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 fl'\l\.:J TITLE/OFFICE RECORDS DENIED c '{'-'_.._ 1 Ot-r-11..,tAL EOO SECY IG Joseph A. McMillan 11 Assistant Inspector General for Investigations, om! I ML162l6A705; MLl6238A005-16238A009 I Il 11 I I II 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