ML22347A181
| ML22347A181 | |
| Person / Time | |
|---|---|
| Issue date: | 12/08/2022 |
| From: | Bartley M NRC/OCIO, NRC/OIG/AIGI |
| To: | Ruch J - No Known Affiliation |
| Shared Package | |
| ML22347A180 | List: |
| References | |
| FOIA-2023-000037 | |
| Download: ML22347A181 (3) | |
Text
NRC FORM 464 Part I (OIG) U.S. NUCLEAR REGULATORY COMMISSION NRC - RESPONSE NUMBER (06-2020)
RESPONSE TO FREEDOM OF FOIA-2023-000037 1 INFORMATION ACT (FOIA) REQUEST RESPONSE TYPE INTERIM FINAL REQUESTER: DATE:
Jeff Ruch, Public Employees for Environmental Responsibility (PEER) 12/08/2022 DESCRIPTION OF REQUESTED RECORDS:
A copy of any report of an Office of Inspector General (IG) investigation or inquiry in connection with the substance or circumstances of Dr. Peck's Dissenting Professional Opinion (DPO) and/or nonconcurrence findings; and documents reflecting what if any actions NRC took to address the issues raised in Dr. Peck's DPO and/or nonconcurrence findings.
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 Since the minimum fee threshold was not You will be billed by NRC for the amount indicated. met, you will not be charged fees.
AMOUNT 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 (OIG) U.S. NUCLEAR REGULATORY COMMISSION NRC - RESPONSE NUMBER (06-2020)
RESPONSE TO FREEDOM OF FOIA-2023-000037 1 INFORMATION ACT (FOIA) REQUEST RESPONSE TYPE INTERIM FINAL PART I.D -- COMMENTS This also serves to acknowledge receipt of your request.
As your request notes, the NRC has recently received other requests for any Office of Inspector General (OIG) report in connection with Diablo Canyon; enclosed in this first interim response are the Report of Investigation No.14-033, Alleged Collusion Between PG&E and NRC pertaining to release of information involving seismic safety at Diablo Canyon and Report of Investigation No.15-010, NRC Oversight Pertaining to Seismic Issues at the Diablo Canyon Power Plant.
The FOIA Office will issue a second and final response with respect to the portion of your request seeking access to any documents reflecting what if any actions NRC took to address the issues raised in Dr. Peck's DPO and/or nonconcurrence findings in the near future.
Signature - Assistant Inspector General for Investigations or Designee Malion A. Bartley Digitally signed by Malion A. Bartley Date: 2022.12.08 09:44:33 -05'00'
NRC FORM 464 Part II (OIG) U.S. NUCLEAR REGULATORY COMMISSION NRC -
(06-2020)
RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST FOIA-2023-000037 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 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 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.
Other:
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 of 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 intraagency records that are normally privileged in civil litigation.
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.
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.
(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 an individual.
Other PART II.B -- DENYING OFFICIAL In accordance with 10 CFR 9.25(g)(1) of the U.S. Nuclear Regulatory Commission regulations, the official listed below has made the determination to withhold certain information, described below, responsive to your request.
DENYING OFFICIAL TITLE/OFFICE INFORMATION DENIED APPELLATE OFFICIAL Assistant Inspector General for Malion Bartley third party personally identifiable information Inspector General Investigations NRC Form 464 Part II (OIG) (06-2020) Page 1 of 1