ML23059A362
| ML23059A362 | |
| Person / Time | |
|---|---|
| Issue date: | 02/16/2023 |
| From: | Jonathan Feibus Governance & Enterprise Management Services Division |
| To: | Tarver J - No Known Affiliation |
| References | |
| APP-2023-000003, FOIA-2023-000002 | |
| Download: ML23059A362 (1) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 February 16, 2023 IN RESPONSE REFER TO:
APP-2023-000003 Appealing: FOIA-2023-000002 Julian Tarver DOC # 885530 WCC-Ceder Hall D-7 Shelton, Washington 98584
Dear Julian Tarver:
On behalf of the U.S. Nuclear Regulatory Commission (NRC), I am responding to your letter to the Freedom of Information Act Officer, dated November 16, 2022, in which you appealed the decision related to your September 10, 2022, Freedom of Information Act (FOIA) request, FOIA-2023-000002.1 That request sought records showing all NRC owned/maintained firearms/weapons, and who they are issued to, the serial number, type of firearm/weapon, date issued, name of the staff theyre issued to, and the office where theyre located.
To the extent you are claiming that the searches performed by the Offices of Investigations (OI),
Administration (ADM), and Nuclear Security and Incident Response (NSIR) were inadequate, you provide no basis for that claim. As reflected in the final response to your request, ADM did locate an inventory of the firearms/weapons available for OI law enforcement personnel reflecting the type(s) of weapons, their serial numbers, the personnel to whom the weapons are assigned, acquisition date, and the locations where they are maintained. Except for the inventorys headings, which were released to you, the weapon-related content was withheld in its entirety under FOIA exemptions 7(E) and 7(F). Release of this information would reveal techniques or procedures for law enforcement investigations and could reasonably be expected to endanger the life or physical safety of an individual. The identities of the law enforcement personnel were withheld under FOIA exemption 7(C). Release of this information could reasonably be expected to constitute an unwarranted invasion of privacy of the law enforcement personnel.
Acting on your appeal, I have reviewed the record in the case and have determined that the search was adequate and the redacted information appropriately withheld. Therefore, I have denied your appeal.
This is the NRCs final decision. As set forth in the FOIA (5 U.S.C. 552(a)(4)(B)), judicial review of this decision is available in a district court of the United States in the district in which you reside or have your principal place of business. Judicial review can also be had in the district in which the agencys records are situated or in the District of Columbia.
1 Your letter did not specify whether you were appealing the November 2, 2022, response issued by the FOIA Officer; the October 13, 2022, response issued by the Assistant Inspector General for Investigations on behalf of the Office of the Inspector General (OIG); or both. The Deputy Inspector General responded to your letter on behalf of OIG on January 23, 2023.
Tarver, J.
The 2007 FOIA amendments created the Office of Government Information Services (OGIS) to offer mediation services to resolve disputes between FOIA requesters and Federal agencies as a nonexclusive alternative to litigation. Using OGIS services does not affect your right to pursue litigation. You may contact OGIS in any of the following ways:
Office of Government Information Services National Archives and Records Administration 8601 Adelphi Road-OGIS College Park, MD 20740 Email: ogis@nara.gov Telephone: 202-741-5770 Toll-free: 1-877-684-6448 Fax: 202-741-5769 Sincerely, Jonathan R. Feibus Digitally signed by Jonathan R. Feibus Date: 2023.02.16 07:28:30 -05'00' Jonathan Feibus Director, Governance and Enterprise Management Services Division Office of the Chief Information Officer