ML22238A082

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NRC-2022-000208 - Resp 1 - Final
ML22238A082
Person / Time
Issue date: 08/24/2022
From: Stephanie Blaney
NRC/OCIO
To: Havens J
Univ of Arkansas
Shared Package
ML22238A081 List:
References
FOIA, NRC-2022-000208
Download: ML22238A082 (2)


Text

NRC FORM 464 Part I U.S. NUCLEAR REGULATORY COMMISSION NRC - RESPONSE NUMBER (06-2020)

RESPONSE TO FREEDOM OF 2022-000208(REV) 1 INFORMATION ACT (FOIA) REQUEST RESPONSE INTERIM FINAL TYPE

REQUESTER: DATE:

Jerry Havens 08/24/2022

DESCRIPTION OF REQUESTED RECORDS:

Records on the subject of failure to scram as it applies to the Southwest Experimental Fast Oxide Reactor (SEFOR)

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/reading-rm/adams.html; (3) microfiche available in the NRC Public Document Room; or FOIA Online, https://foiaonline.gov/foiaonline/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.

See Part I.D -- Comments.

PART I.A -- FEES

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 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.

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-6 A60M, 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. Please be sure to include on your submission that it is a FOIA Appeal. Only a pre-registered user may file an appeal through FOIA Online, https://

foiaonline.gov/foiaonline/action/public/home. A user who has not registered an account prior to filing the initial FOIA request may still submit an appeal by one of the above mentioned options.

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 https://www.nrc.gov/reading-rm/

foia/contact-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 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. 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 (06-2020)

RESPONSE TO FREEDOM OF 2022-000208(REV) 1 INFORMATION ACT (FOIA) REQUEST RESPONSE INTERIM FINAL TYPE

PART I.D -- COMMENTS

Based upon the information you learned from the NRC Historian, Thomas Wellock, we reached out to OCIO's Records Staff to request that they initiate the retrieval of the two boxes Mr. Wellock had identified as potentially holding records responsive to your request from the Federal Records Center in Suitland, Maryland. Records Staff have informed us that, due to the age of the records contained in those boxes, in accordance with the U.S. Nuclear Regulatory Commission's record retention schedule (NUREG-0910), these boxes have been destroyed.

However, Mr. Wellock informed us that, back when you and he spoke circa 2018, he had pulled a few records from the boxes that have since been destroyed. He confirmed with staff in the NRC's Public Document Room [PDR] that four of the records are publicly available in the PDR in hard copy; with respect to the non-publicly available fifth record, we tasked staff in the Office of Nuclear Reactor Regulation and Region II to review this record and provide their disclosure recommendations to us. This record is now being released. So as to make all five of these records available to the public in electronic form, we are including them with this response.

Signature - Freedom of Information Act Officer or Designee Stephanie A. Blaney Digitally signed by Stephanie A. Blaney Date: 2022.08.24 11:55:27 -04'00'