ML22111A037

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NRC-2022-000100 - Appeal Response to NRC-2022-000064
ML22111A037
Person / Time
Issue date: 04/05/2022
From: David Nelson
NRC/OCIO
To: Slaughter D
- No Known Affiliation
References
NRC-2022-000064, NRC-2022-000065, NRC-2022-000068, NRC-2022-000069, NRC-2022-000100, NRC-2022-000101, NRC-2022-000102, NRC-2022-000103
Download: ML22111A037 (2)


Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 IN RESPONSE REFER TO:

NRC-2022-000100; NRC-2022-000101 NRC-2022-000102; NRC-2022-000103 (NRC-2022-000064;NRC-2022-000065)

(NRC-2022-000068;NRC-2022-000069)

Mr. Dustin Slaughter 811 Earp Street Philadelphia, PA 10147

Dear Mr. Slaughter:

On behalf of the U.S. Nuclear Regulatory Commission (NRC), I am responding to your email dated March 11, 2022, in which you appealed the agencys February 23, 2022, response to your January 19, 2022 and January 20, 2022 Freedom of Information Act (FOIA) requests, NRC-2022-000064, NRC-2022-000065, NRC-2022-000068, and, NRC-2022-000069. Your requests sought sightings of any "Unidentified Flying Object", "UFO, "Unidentified Aerial Phenomenon",

or "UAP" occurring at or near the vicinity of Three Mile Island Nuclear Generating Station, Peach Bottom Atomic Power Station, Limerick Generating Station, and Susquehanna Steam Electric Station, for specified time periods, respectively.

Acting on your appeal, I have considered the matter and reviewed the actions taken during the initial processing of your requests. The FOIA Office had tasked the Office of Nuclear Security and Incident Response [NSIR] at NRCs headquarters (with whom event reports are filed by nuclear plants) and Region I [RI] (where the requested nuclear plants are located) to provide a fee estimate associated with the processing of your requests.1 After receiving your advanced payment, the FOIA Office tasked RI and NSIR with conducting a search of records. As RI staff began their search, a question arose as to the appropriate search terms to use. Based on RI staffs question, the FOIA Office sought clarification from you. You informed the FOIA Office that NRCs search should be limited to the four terms specified in your requests, which were "Unidentified Flying Object", "UFO, "Unidentified Aerial Phenomenon", and "UAP". Based upon your clarification, neither NSIR nor RI staff located any responsive records.2 1 Since your four requests had been filed on the same date, and concerned the same subject matter, the FOIA Office had aggregated your requests for processing, including the calculation of estimated fees.

2 The fee estimate for which you submitted an advance payment included other search terms. As a courtesy to you, the FOIA Officer decided to refund your advance payment, given that your clarification changed the breadth of the search that was actually conducted.

$SULO

Slaughter, D. Based upon my review of the actions taken during the processing of your initial requests, I have determined that the search for records was adequate. Therefore, I have denied your appeal.

This is the final agency decision. As set forth in the FOIA (5 U.S.C. 552(a)(4)(B)), you can seek judicial review of this decision in a district court of the United States in the district in which you reside or have your principal place of business, in the district where the agency's records are situated, or in the District of Columbia.

The Office of Government Information Services (OGIS), which offers mediation services to resolve disputes between FOIA requesters and Federal agencies, is available as a nonexclusive alternative to litigation; however, OGIS does not have the authority to handle requests made under the Privacy Act of 1974. Using OGIS services does not affect your right to pursue litigation. You may contact OGIS as follows:

Office of Government Information Services National Archives and Records Administration 8601 Adelphi Road (OGIS)

College Park, MD 20740-6001 Email: ogis@nara.gov Telephone: 202-741-5770 Toll-free: 1-877-684-6448 Fax: 202-741-5769 Sincerely yours, David J. Nelson Chief Information Officer Office of the Chief Information Officer David J. Nelson Digitally signed by David J.

Nelson Date: 2022.04.05 08:55:39 -04'00'