Text

NRC-2022-000206 - Resp 1 - Final, Agency Records Subject to the Request Are Enclosed
	ML22201A249
Person / Time
Issue date:	07/18/2022
From:	; NRC/OCIO
To:	;
Shared Package
ML22201A245	List: ML22201A247; ML22201A249;
References
	FOIA, NRC-2022-000206
	Download: ML22201A249 (38)
	v • d • e

NRC FORM 464 Part I (OIG ) U.S. NUCLEAR REGUL ATORY COMMISSION FOIA RESPONSE NUMBER (12-2015) .,,..,.,

INRC-20 l 8-00002911

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. ~i RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST RESPONSE l

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INTERIM FINAL TYPE REQUESTER: DATE:

~ I DESCRIPTION OF REQUESTED RECORDS :

All records related to an investigation ot X6)

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II I I

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.

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*

$ II ii You will be billed by NRG for the amount listed.

0 None. Minimum fee threshold not met.

see Comments ror deIa,Is 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.

We have withheld certain mformation 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 appeal any of the responses we have issued in response to your request when we issue our final determ111at1on. ~

You may appeal this final determ111at1on within 30 calendar days of the date of this response by sendmg a letter or email to

I '

l I 0 the FOIA Officer, at U.S. Nuclear Regulatory Commission, Washington DC 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 acknowledges receipt of your request. Your request seeks access to i nvestigative records pertaining to a third party individual. Since you have asked for investigative records about a specifically named individual without providing satisfactory consent of that named individual, we can neither confirm nor deny the existence of such records. To do so would constitute an unwarranted invasion of personal privacy, cognizable under FOIA exemption 7(C).

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ASSISTANT INSPECTOR GENERAL FOR INVESTIGATIONS, O)G

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NRC Form 464 Part I (OIG) (12-2015)

I Add Continuation Page I Delete Continuation Page Page 2 of 3

NRC FORM 464 Part II (OIG) U.S. NUCLEAR REGULATORY COMMISSION FOIA

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(03-2017)

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g RESPONSE TO FREEDOM OF I NRC-2018-000029 I

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..... j . INFORMATION ACT (FOIA) REQUEST DATE:

I 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 sacunty information.

Exemption 2* The withheld information relates solely to the internal personnel rules and practices of NRC.

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 Restncted Data or Formerly Restncted Data (42 U.S.C. 2161-2165).

Section 147 of the Atomic Energy Act, which proh1b1ts the disclosure of UnclassIfIed Safeguards Information (42 U.S.C. 2167).

41 U.S.C. 4702(b), which prohIb1ts th e disclosure of contractor proposals. except when incorporated into lhe contract between the agency and the submitter of the proposal.

Exemption 4: The withheld information ,s a trade secret or confidential commercial or financial 1nformat1on 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.Jgo(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).

Exemption 5: The withheld information consists of interagency or intra agency records that are normally privileged in civil li1igation.

Deliberative process privilege.

Attorney work product privilege.

Attorney-client privilege.

Exemplion 6: The withheld information from a personnel. medical, or similar file, is exempted from public disclosure because ,ts disclosure would result in a clearly unwarranted InvasIon of personal privacy.

Exemption 7 The withheld 1nformat1on consists of records compiled for law enforcement purposes and is being withheld for the reason(s) 1nd1cated.

(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 1denht1es of confidential sources.

(E) Disclosure would reveal techniques and procedures for law enforcement investigations or prosecutions, or guidelines that could reasonably be expected to nsk circumvention of the law.

(F) Disclosure could reasonably be expected to endanger the life or physical safety of an individual.

Other I 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 OFFICIAi..

DENYING

__. OFFICIAL TITLE/OFFICE RECORDS DENIED

..... EOO SECY 10

}-o.~.-** ,v,.1illan I Assistant Inspector General for Investigations. OIG 11 I I II I I 11 j 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. 20555-00011 , or E._Ol,A.Re_so_ur:._ce@orc.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

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D .C. 20555--0001 MARO 7 3U8 IN RESPONSE REFER TO NRC-2018-000254 Dear_l_ _t-This is a final response to your Freedom of Information Act/Privacy Act (FOIAfPA) request dated January 2, 2018, in which you requested copies of available records pertaining to an investigation involving fire safety checks performed at Palisades Nuclear Generating Station, located near Covert, Michigan. In particular, an interview transcript and audio between an investigator and a former security worker at Palisades that took place on January 26, 2017, and overall findings from the investigation concerning fire inspections.

Since you have asked for records regarding a specifically named individual without providing satisfactory consent of the named individual, we neither confirm nor deny the existence of such records within the US. Nuclear Regulatory Commission (NRC) pertaining to the person you have named. This response constitutes a denial under FOIA Exemption b(7)(C): disclosure of which could reasonably be expected to constitute an unwarranted invasion of personal privacy.

The reason for this response is further explained below.

It is the policy of the NRC to encourage individuals to come forward and identify safety concerns to their employers or to the NRC, and to protect the identities of individuals, where appropriate and possible, to preclude potential retaliation by employers against individuals raising concerns to the NRC. Only through the consistent application of this masked response to first or third-party requests, regardless of whether responsive records do actually exist, can the privacy of those who are in fact mentioned in such files be protected. Therefore, the NRC will neither confirm nor deny the existence of records when it receives first or third-party requests under the FOIA for records regarding allegations by a named individual, or records involving other named individuals participating in the investigation, or records on named individuals who are the subject of investigations, except (1) when the third-party subject of a request has provided the requester with a written, notarized waiver of his or her privacy rights, which in tum is provided to the NRC with regard to the FOIA request; (2) when the NRC is aware of the third- party subject's death, or (3) when the third-party subject has publicly disclosed his or her contacts with the NRC.

This determination may be appealed within 30 days by writing to the FOIA Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001 . The appeal should clearly state on the envelope, and in the letter, that it is a "FOIAfPA Appeal of an Initial Determination."

2 You have the right to seek dispute resolution services from the NRC's Public Liaison or the Office of Government Information Services (OGIS), https://www.archives.gov/ogis/mediation:

program/request-assistance. To seek dispute resolution services from the NRC's Public Liaison, please contact John Moses at 301-415-1276. To seek dispute resolution services from OGIS, you may email OGIS at ogis@nara.gov, send a fax to 202-741-5789, or send a letter to:

Office of Government Information Services, National Archives and Records Administration, 8601 Adelphi Road, College Park, MD 20740-6001.

Sincerely,

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FOIA Officer Office of the Chief Information Officer

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 MR O7 201&

IN RESPONSE REFER TO NRC-2018-000287

Dear j....._ ____.I:

This is a final response to your Freedom of lnfonnation Act/Privacy Act (FOIA/PA) request dated January 18, 2018, in which you requested a named individuals testimonial evidence pertaining to a Region I Office of Investigations Case Number.

Since you have asked for records regarding a specifically named individual without providing satisfactory consent of the named individual, we neither confinn nor deny the existence of such records within the US. Nuclear Regulatory Commission (NRC) pertaining to the person you have named. This response constitutes a denial under FOIA Exemption b(7)(C): disclosure of which could reasonably be expected to constitute an unwarranted invasion of personal privacy.

The reason for this response is further explained below.

It is the policy of the NRC to encourage individuals to come forward and identify safety concerns to their employers or to the NRC, and to protect the identities of individuals, where appropriate and possible, to preclude potential retaliation by employers against individuals raising concerns to the NRC. Only through the consistent application of this masked response to first or third-party requests, regardless of whether responsive records do actually exist, can the privacy of those who are in fact mentioned in such files be protected. Therefore, the NRC will neither confirm nor deny the existence of records when it receives first or third-party requests under the FOIA for records regarding allegations by a named individual, or records involving other named individuals participating in the investigation, or records on named individuals who are the subject of investigations, except: (1) when the third-party subject of a request has provided the requester with a written, notarized waiver of his or her privacy rights, which in tum is provided to the NRC with regard to the FOIA request; (2) when the NRC is aware of the third- party subject's death, or (3) when the third-party subject has publicly disclosed his or her contacts with the NRC.

This detennination may be appealed within 30 days by writing to the FOIA Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001 . The appeal should clearly state on the envelope, and in the letter, that it is a "FOIA/PA Appeal of an Initial Determination.*

2 You have the right to seek dispute resolution services from the NRC's Public liaison or the Office of Government Information Services (OGIS), https://www.archives.gov/oqis/mediation-Program/request-assistance. To seek dispute resolution services from the NRC's Public Liaison, please contact John Moses at 301-415-1276. To seek dispute resolution services from OGIS, you may email OGIS at ogis@nara.gov, send a fax to 202-741-5789, or send a letter to:

Office of Government Information Services, National Archives and Records Administration, 8601 Adelphi Road, College Park, MD 20740-6001.

Sincerely,

~~:,.~¥ FOIA Officer Office of the Chief Information Officer

NRC FORM 464 Part I U.S. NUCLEAR REGULATORY COMMISSION NRC RESPONSE NUMBER (04-2018) ()>>fl."lr0t1, RESPONSE TO FREEDOM OF I 20 18-000829 I I

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INFORMATION ACT (FOIA) REQUEST RESPONSE TYPE 11 INTERIM 0 FINAL REQUESTER: DATE:

I DESCRIPTION OF REQUESTED RECORDS:

I 03/ 11 /20 19 I

The hostile work environment investigat ion issued in July 2018 about allegations reported against a named individual.

PART I. -- INFORMATION RELEASED The NRC has made some, or all, of the requested records publicly available through one or more of the following means:

(1) https://www.nrc.gov: (2) public ADAMS, https://www.nrc.gov/readjng-rm/adams.html: (3) microfiche available in the NRC Public Document Room; or FOIA Online, https://foiaonline.regulations.gov/foia/action/public/home.

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 Part I.D -- Comments) for a disclosure determination and direct response to you.

We are continuing to process your request.

[Z] See Part I.D -- Comments.

PART I.A -- FEES

[Z]

You will be billed by NRC for the amount indicated. Since the minimum fee threshold was not met, AMOUNT you will not be charged fees.

You will receive a refund for the amount indicated.

Due to our delayed response, you will not be 11 11 Fees waived. charged search and/or duplication fees that would otherwise be applicable to your request.

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"). See 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.

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 appeal any of the responses we have issued in response to your request when we issue our final determination.

[Z] You may appeal this final determination within 90 calendar days of the date of this response. If you submit an appeal by mail, address it to the FOIA Officer, at U.S. Nuclear Regulatory Commission, Mail Stop T-2 F43, Washington, D.C. 20555-0001. You may submit an appeal by e-mail to FOIA.resource@nrc.gov. You may fax an appeal to (301) 415-5130. Or you may submit an appeal through FOIA Online, https://foiaonline.regulations.gov/foia/action/public/home. Please be sure to include on your submission that it is a "FOIA Appeal."

PART I.C -- REFERENCES AND POINTS OF CONTACT You have the right to seek assistance from the NRC's FOIA Public Liaison by submitting your inquiry at htt12s;//www,nrc.goy/readjng-rrnl toiaLcootact-foia_btmJ, or by calling the FOIA Public Liaison at (301) 415-1276.

If we have denied your request, you have the right to seek dispute resolution services from the NRC's Public Liaison or the Office of Government Information Services (OGIS}. To seek dispute resolution services from OGIS, you may e-mail OGIS at Qgis@nara.gov, send a fax to (202) 741-5789, or send a letter to: Office of Government Information Services, National Archives and Records Administration, 860 1 Adelphi Road, College Park, MD 20740-6001 . For additional information about OGIS, please visit the OGIS website at https://www.archives.gov/ogis.

NRC FORM 464 Part I U.S. NUCLEAR REGULATORY COMMISSION NRC RESPONSE NUMBER (04-2018)

RESPONSE TO FREEDOM OF 1 201 8-000829 11 I INFORMATION ACT (FOIA) REQUEST RESPONSE TYPE INTERIM 1/1

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FINAL PART 1.0 -- COMMENTS Since you have asked for investigatory records regarding a specifically named individual without providing satisfactory consent of the named individual, we neither confirm nor deny the existence of such records within the U.S. Nuclear Regulatory Commission pertaining to the person you have named. This response constitutes a denial under FOIA exemption 7(C).

Signature - Freedom of Information Act Officer or Designee Digitally signed by Stephanie A. Blaney Stephanie A. Blaney Date: 2019.03.11 12:02:46 -04'00'

NRC FORM 464 Part II U.S. NUCL EAR REGULATORY COMMISSION NRC (04-2018)

~

1- 20 -0-0-0 8-29~ 1 RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST DATE:

1 0311112019 PART II.A -- APPLICABLE EXEMPTIONS Records subject to th e request are being with held in their entire ty or in part under the FOIA e xemption(s) as indicated below (5 U.S.C. 552(b)).

Exemption 1: The withheld information is property 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.

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 disclosure of Unclassified Safeguards Information (42 U.S.C. 2167).

41 U.S.C. 4702(b), which prohibits the d isclosure of contractor proposals, except when incorporated into the contract between the agency and the D Other:

Exemption 4: The withheld information is a trade secret or confidential commercial or financial information that is oeing 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_3go(d)(1 ).

D The information is considered to be another type of 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).

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 clearly unwarranted invasion of personal privacy.

[Z] 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 oe 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 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.

(F) Disclosure could reasonably be expected to endanger the life or physical safety of any individual.

Other:

PART 11.B -- DENYING OFFICIALS In accordance with 10 CFR 9.25(9) 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 DENYI NG OFFICIAL TITLE/OFFICE RECORDS DENIED EDO SECY 0

Any investigative records that NRC may Stephanie A. Blaney I FOIAOfficer I

have I I Select Title/Office from drop-down list I I I I Select Title/Office from drop-down list I I I I Select Title/Office from drop-down list I I NRC Form 464 Part 11 (04-2018)

NRC FORM 464 Part I U.S. NUCLEAR REGULATORY COMMISSION NRC RESPONSE NUMBER (04-2018) ()>>fl."lr0t1, RESPONSE TO FREEDOM OF I 20 I 9-000161 I I

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INFORMATION ACT (FOIA) REQUEST RESPONSE TYPE 0 11 INTERIM FINAL REQUESTER: DATE:

I DESCRIPTION OF REQUESTED RECORDS:

I I 01 /28/2019 I

All reports, investigations, and information regarding an anonymous concern about an NRC safety cleared nucl ear engineer.

This concern was expressed anonymously on the NRC Office of the inspector General website made about [a named individual]. The date of initial anonymous tip was 08/21 /2017.

PART I. -- INFORMATION RELEASED The NRC has made some, or all, of the requested records publicly available through one or more of the following means:

(1) https://www.nrc.gov: (2) public ADAMS, https://www.nrc.gov/readjng-rm/adams.html: (3) microfiche available in the NRC Public Document Room; or FOIA Online, https://foiaonline.regulations.gov/foia/action/public/home.

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 Part I.D -- Comments) for a disclosure determination and direct response to you.

0 We are continuing to process your request.

0 See Part I.D -- Comments.

PART I.A -- FEES 0

You will be billed by NRC for the amount indicated. Since the minimum fee threshold was not met, AMOUNT you will not be charged fees.

You will receive a refund for the amount indicated.

Due to our delayed response, you will not be 11 11 Fees waived. charged search and/or duplication fees that would otherwise be applicable to your request.

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"). See 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.

0 Because this is an interim response to your request, you may not appeal at this time. We will notify you of your right to 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 90 calendar days of the date of this response. If you submit an appeal by mail, address it to the FOIA Officer, at U.S. Nuclear Regulatory Commission, Mail Stop T-2 F43, Washington, D.C. 20555-0001. You may submit an appeal by e-mail to FOIA.resource@nrc.gov. You may fax an appeal to (301) 415-5130. Or you may submit an appeal through FOIA Online, https://foiaonline.regulations.gov/foia/action/public/home. Please be sure to include on your submission that it is a "FOIA Appeal."

PART I.C -- REFERENCES AND POINTS OF CONTACT You have the right to seek assistance from the NRC's FOIA Public Liaison by submitting your inquiry at htt12s://www,nrc.goy/readjng-rrnl toiaLcootact-foia_btmJ, or by calling the FOIA Public Liaison at (301) 415-1276.

If we have denied your request, you have the right to seek dispute resolution services from the NRC's Public Liaison or the Office of Government Information Services (OGIS}. To seek dispute resolution services from OGIS, you may e-mail OGIS at Qgis@nara.gov, send a fax to (202) 741-5789, or send a letter to: Office of Government Information Services, National Archives and Records Administration, 860 1 Adelphi Road, College Park, MD 20740-6001. For additional information about OGIS, please visit the OGIS website at htt12s://www.archives.gov/ogis.

NRC FORM 464 Part I U.S. NUCLEAR REGULATORY COMMISSION NRC RESPONSE NUMBER (04-2018)

RESPONSE TO FREEDOM OF 1 20 19-000161 11 I INFORMATION ACT (FOIA) REQUEST RESPONSE TYPE 1/7 l!J INTERIM FINAL PART 1.0 -- COMMENTS It is the policy of the NRC to encourage individuals to come forward and identify safety concerns to their employers or to the NRC and to protect the identities of individuals, where appropriate and possible, to preclude potential re*taliation by employers against individuals raising concerns to the NRC.

Only through the consistent application of this masked response to third-party requests, regardless of whether responsive records do actually exist, can the privacy of those who are in fact mentioned in such files be protected. Therefore, the NRC will neither confirm nor deny the existence of records when it receives a third-party request under the FOIA for records regarding allegations by a named individual or records on named individuals who are the subject of investigations except:

(1) when the third-party subject of a request has provided the requester with a written waiver of (either notarized or sworn under penalty of perjury) his or her privacy rights, which in turn is provided to the NRC with regard to the FOIA request; (2) when the NRC is aware of the third party subject's death, or (3) when the third-party subject has publicly disclosed his or her contacts with the NRC.

Since you have asked for records regarding a specifically named individual without providing satisfactory consent of the named individual, we neither confirm nor deny the existence of such records within the US. Nuclear Regulatory Commission (NRC) pertaining to the person you have named . This response constitutes a denial under FOIA exemption (b)(?)(C);

disclosure of any responsive records, to the extent they exist, could reasonably be expected to constitute an unwarranted invasion of personal privacy.

Signature - Freedom of Information Act Officer or Designee Digitally signed by Stephanie A. Blaney Stephanie A. Blaney Date: 2019.01.28 07:09:26 -05'00'

NRC FORM 464 Part I (OIG) U.S. NUCLEAR REGULATORY COMMISSION NRC RESPONSE NUMBER (09-2018) 5#~w

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RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST I 20 I 9-000161

RESPONSE

TYPE 11 INTERIM 0

2 FINAL I

REQUESTER: DATE:

~ I DESCRIPTION OF REQUESTED RECORDS:

I 01 /25/20 19 I

All reports, investigations, and information regarding an anonymous concern about an NRC safety cleared nucl ear engineer.

This concern was expressed anonymously on the NRC Office of the inspector General website made about [a named individual]. The date of initial anonymous tip was 08/21 /2017.

PART I. -- INFORMATION RELEASED The NRC has made some, or all, of the requested records publicly available through one or more of the following means:

(1) https://www.nrc.gov: (2) public ADAMS. https://www.nrc.gov/readjng-rm/adams.html: (3) microfiche available in the NRC Public Document Room; or FOIA Online, https://foiaonline.regulations.gov/foia/action/public/home.

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 Part I.D -- Comments) for a disclosure determination and direct response to you.

We are continuing to process your request.

[Z] See Part I.D -- Comments.

PART I.A -- FEES

[Z] Since the minimum fee threshold was not AMOUNT You will be billed by NRC for the amount indicated. met, you will not be charged fees.

You will receive a refund for the amount indicated.

Due to our delayed response, you will not be 11 11 Fees waived. charged search and/or duplication fees that would otherwise be applicable to your request.

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"). See 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.

[Z] 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 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 90 calendar days of the date of this response. If you submit an appeal by mail, address it to the FOIA Officer, at U.S. Nuclear Regulatory Commission, Mail Stop T-2 F43, Washington, D.C. 20555-0001. You may submit an appeal by e-mail to FOIA.resource@nrc.gov. You may fax an appeal to (301) 415-5130. Or you may submit an appeal through FOIA Online, https://foiaonline.regulations.gov/foia/action/public/home. Please be sure to include on your submission that it is a "FOIA Appeal."

PART I.C -- REFERENCES AND POINTS OF CONTACT You have the right to seek assistance from the NRC's FOIA Public Liaison by submitting your inquiry at

.h1!ps-1lwww.Qr~a._djD.9:IDJLtoiaLcoo_tact.::f.oia.bt01I, or by calling the FOIA Public Liaison at (301) 415-1276.

If we have denied your request, you have the right to seek dispute resolution services from the NRC's Public Liaison or the Office of Government Information Services (OGIS}. To seek dispute resolution services from OGIS, you may e-mail OGIS at Qgis@nara.gov, send a fax to (202) 741-5789, or send a letter to: Office of Government Information Services, National Archives and Records Administration, 8601 Adelphi Road, College Park, MD 207 40-6001 . For additional information about OGIS, please visit the OGIS website at https://www.archives.gov/ogis.

NRC FORM 464 Part I (OIG) U.S. NUCLEAR REGULATORY COMMISSION NRC RESPONSE NUMBER (09-201 8) f~w~~ RESPONSE TO FREEDOM OF 1 20 19-000161 2 11

\ I

..... INFORMATION ACT (FOIA) REQUEST RESPONSE TYPE INTERIM 1/1

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FINAL PART 1.0 -- COMMENTS It is the policy of the NRC to encourage individuals to come forward and identify safety concerns to their employers or to the NRC and to protect the identities of individuals, where appropriate and possible, to preclude potential re*taliation by employers against individuals raising concerns to the NRC.

Only through the consistent application of this masked response to third-party requests, regardless of whether responsive records do actually exist, can the privacy of those who are in fact mentioned in such files be protected. Therefore, the NRC will neither confirm nor deny the existence of records when it receives a third-party request under the FOIA for records regarding allegations by a named individual or records on named individuals who are the subject of investigations except:

(1) when the third-party subject of a request has provided the requester with a written waiver of (either notarized or sworn under penalty of perjury) his or her privacy rights, which in turn is provided to the NRC with regard to the FOIA request; (2) when the NRC is aware of the third party subject's death, or (3) when the third-party subject has publicly disclosed his or her contacts with the NRC.

Since you have asked for records regarding a specifically named individual without providing satisfactory consent of the named individual, we neither confirm nor deny the existence of such records within the US. Nuclear Regulatory Commission (NRC) pertaining to the person you have named. This response constitutes a denial under FOIA exemption (b)(?)(C);

disclosure of any responsive records, to the extent they exist, could reasonably be expected to constitute an unwarranted invasion of personal privacy.

Signature - Assistant Inspector General for Investigations or Designee Digitally signed by Rocco J. Pierri Rocco J. Pierri Date: 2019.01.31 17:19:55-05'00'

NRC FORM 464 Part I (OIG) U.S. NUCLEAR REGULATORY COMMISSION NRC RESPONSE NUMBER (09-2018) ()>>fl."lr0t1, RESPONSE TO FREEDOM OF INRC-2019-000204 I 1 I I

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INFORMATION ACT (FOIA) REQUEST RESPONSE TYPE INTERIM 0 FINAL REQUEST ER: DATE:

I DESCRIPTION OF REQUESTED RECORDS:

I 04/05/ 20 19 I

Copy of the investigative findings in OJG Case No. C 18-020, regarding a named person.

PART I. -- INFORMATION RELEASED The NRC has made some, or all, of the requested records publicly available through one or more of the following means:

(1) https://www.nrc.gov: (2) public ADAMS, https://www.nrc.gov/readjng-rm/adams.html: (3) microfiche available in the NRC Public Document Room; or FOIA Online, https://foiaonline.regulations.gov/foia/action/public/home.

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 Part I.D -- Comments) for a disclosure determination and direct response to you.

We are continuing to process your request.

[Z] See Part I.D -- Comments.

PART I.A -- FEES

[Z] Since the minimum fee threshold was not AMOUNT You will be billed by NRC for the amount indicated. met, you will not be charged fees.

I $0.00 I You will receive a refund for the amount indicated.

Due to our delayed response, you will not be Fees waived. charged search and/or duplication fees that would otherwise be applicable to your request.

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"). See 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.

[Z] 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 appeal any of the responses we have issued in response to your request when we issue our final determination.

[Z] You may appeal this final determination within 90 calendar days of the date of this response. If you submit an appeal by mail, address it to the FOIA Officer, at U.S. Nuclear Regulatory Commission, Mail Stop T-2 F43, Washington, D.C. 20555-0001. You may submit an appeal by e-mail to FOIA.resource@nrc.gov. You may fax an appeal to (301) 415-5130. Or you may submit an appeal through FOIA Online, https://foiaonline.regulations.gov/foia/action/public/home. Please be sure to include on your submission that it is a "FOIA Appeal."

PART I.C -- REFERENCES AND POINTS OF CONTACT You have the right to seek assistance from the NRC's FOIA Public Liaison by submitting your inquiry at

.h1!ps-1lwww.Qr~a__djna:rmLf.oiaLcoo_tact.::f.oia.bt01I, or by calling the FOIA Public Liaison at (301) 415-1276.

If we have denied your request, you have the right to seek dispute resolution services from the NRC's Public Liaison or the Office of Government Information Services (OGIS}. To seek dispute resolution services from OGIS, you may e-mail OGIS at Qgis@nara.gov, send a fax to (202) 741-5789, or send a letter to: Office of Government Information Services, National Archives and Records Administration, 860 1 Adelphi Road, College Park, MD 20740-6001 . For additional information about OGIS, please visit the OGIS website at https://www.archives.gov/ogis.

NRC FORM 464 Part I (OIG) U.S. NUCLEAR REGULATORY COMMISSION NRC RESPONSE NUMBER (09-2018) ,,,,**~.,

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FINAL PART 1.0 -- COMMENTS Since you have asked for investigatory records regarding a specifically named individual without providing satisfactory authorization from the named individual to provide any records to you, we can neither confirm nor deny the existence of such records within the Office of the Inspector General pertaining to the person you have named. This response constitutes a denial under FOIA exemption 7(C).

Signature - Assistant Inspector General for Investigations or Designee Digitally signed by Rocco J. Pierri Rocco J. Pierri Date: 2019.04.05 07:11 :10 -04'00'

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NRC FORM 464 Part I U.S. NUCLEAR REGULATORY COMMISSION NRC RESPONSE NUMBER (04-2018)

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20 19-000254-26 1 I RESPONSE TO FREEDOM OF 1 11 I

\ .. .....':/) . INFORMATION ACT (FOIA) REQUEST RESPONSE TYPE INTERIM 0 FINAL REQUESTER: DATE:

I I DESCRIPTION OF REQUESTED RECORDS:

I 04/08/20 19 I

A ny compl aints, comp l aints u nder 4 1 USC§ 4712, or other m aterial regarding any complaint or allegati on mad e by [a named individual ] against th e following entities: CB&l Co. (254); Lutech Resources, I nc. (255), M cDennott I n t'!. (256),

Shaw Porter (257); C B & r, rnc. (258), CB&r Power (259), CB&r, LLC (260), or CB&r, LLC (26 1).

PART I. -- INFORMATION RELEASED The NRG has made some, or all, of the requested records publicly available through one or more of the following means:

(1) https://www.nrc.gov; (2) public ADAMS, https://www.nrc.gov/readjng-rm/adams.html: (3) microfiche available in the NRG Public Document Room; or FOIA Online, https://foiaonline.regulations.gov/foia/action/public/home.

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 Part 1.0 -- Comments) for a disclosure determination and direct response to you.

We are continuing to process your request.

[Z] See Part 1.0 -- Comments.

PART I.A -- FEES

[Z]

You will be billed by NRG for the amount indicated. Since the minimum fee threshold was not met, AMOUNT you will not be charged fees.

You will receive a refund for the amount indicated.

Due to our delayed response, you will not be 11 11 Fees waived. charged search and/or duplication fees that would otherwise be applicable to your request.

PART I.B -- 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"). See 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.

[Z] 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 appeal any of the responses we have issued in response to your request when we issue our final determination.

[Z] You may appeal this final determination within 90 calendar days of the date of this response. If you submit an appeal by mail, address it to the FOIA Officer, at U.S. Nuclear Regulatory Commission, Mail Stop T-2 F43, Washington, D.C. 20555-0001. You may submit an appeal by e-mail to FOIA.resource@nrc.gov. You may fax an appeal to (301) 41 5-5130. Or you may submit an appeal through FOIA Online, https://foiaonline.regulations.gov/foia/action/public/home. Please be sure to include on your submission that it is a "FOIA Appeal."

PART I.C -- REFERENCES AND POINTS OF CONTACT You have the right to seek assistance from the NRC's FOIA Public Liaison by submitting your inquiry at htt12s://www.nrc.goy/readjng-rrnl toia/cootact-foia_html, or by calling the FOIA Public Liaison at (301) 415-1276.

If we have denied your request, you have the right to seek dispute resolution services from the NRC's Public Liaison or the Office of Government Information Services (OGIS}. To seek dispute resolution services from OGIS, you may e-mail OGIS at Qgis@nara.gov. send a fax to (202) 741-5789, or send a letter to: Office of Government Information Services, National Archives and Records Administration, 860 1 Adelphi Road, College Park, MD 20740-6001 . For additional information about OGIS, please visit the OGIS website at https://www.archives.gov/ogis.

NRC FORM 464 Part I U.S. NUCLEAR REGULATORY COMMISSION NRC RESPONSE NUMBER (04-2018)

RESPONSE TO FREEDOM OF I 2019-000254-261 1 1 I INFORMATION ACT (FOIA) REQUEST RESPONSE TYPE INTERIM 1/1

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FINAL PART I.D ** COMMENTS This response also serves to acknowledge receipt of your eight FOIA requests submitted on . As permitted by the FOIA, 5 U.S.C. 552(a)(6)((B)(iv), and NRC's FOIA regulations, 10 CFR 9.39(e), we have aggregated these eight requests for purposes of assessing fees, as we believe that your requests, all of which were submitted on the same day, and seeking records that involve a clearly-related matter, actually constitute a single request.

Since you have asked for records regarding a specifically named ind ivid ual without providing a satisfactory waiver of that named individual's privacy interests, we neither confirm nor deny the existence of any such records within the U.S. Nuclear Regulatory Commission (NRC) pertaining to the person you have named. This response constitutes a denial under FOIA exemption 7(C). The reason for this is explained below.

It is the policy of the NRC to encourage individuals to come forward and identify safety concerns to their employers to to the NRC and to protect the identities of individuals, where appropriate and possible, to preclude potential retaliation by employers against individuals raising concerns to the NRC. Only through the consistent application of this masked responses to third-party requests, regardless of whether responsive records do actually exist, can the privacy of those who are in fact mentioned in such files be protected. Therefore, the NRC will neither confirm nor deny the existence of records when it receives third-party requests under the FOIA for records regarding allegations by a named individual or for records on named individuals who are the subject of investigations unless (1) the third-party subject of a request has provided the requester with a written waiver (either under penalty of perjury or notarized) of his or her privacy rights, which in turn is provided to the NRC with regard to the FOIA request; (2) the NRC is made aware of the third-party subject's death, or (3) the third-party subject has publicly disclosed his or her contacts with the NRC.

Signature - Freedom of Information Act Officer or Designee Digitally signed by Stephanie A. Blaney Stephanie A. Blaney Date: 2019.04.08 13:23:39 -04'00'

NRC FORM 464 Part II U.S. NUCLEAR REGULATORY COMMISSION NRC (04-2018) *~

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RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST DATE:

1 041os12019 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.