ML23074A144
| ML23074A144 | |
| Person / Time | |
|---|---|
| Issue date: | 03/09/2023 |
| From: | Karen Danoff NRC/OCIO/GEMSD/FLICB |
| To: | Devine T, Kolar J Government Accountability Project |
| Shared Package | |
| ML23074A142 | List: |
| References | |
| NRC-2018-000513, FOIA | |
| Download: ML23074A144 (1) | |
Text
NRC FORM 464 Part I U.S. NUCLEAR REGULATORY COMMISSION NRC - RESPONSE NUMBER (06-2020)
RESPONSE TO FREEDOM OF 2018-0000513 4 INFORMATION ACT (FOIA) REQUEST RESPONSE INTERIM FINAL TYPE
REQUESTER: DATE:
Jack Kolar, and Tom Devine, Government Accountability Project 03/09/2023
DESCRIPTION OF REQUESTED RECORDS:
Six enumerated groups of records pertaining to any MOUs with the US Army Corps of Engineers; OIG investigation Cl6-003; the removal of various records from ADAMS (the latter of which are the subject of your prior request, NRC-2018-000096, formerly FOIA/PA-2018-0003); and FOIA requests for the specific records removed from ADAMS.
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 2018-0000513 4 INFORMATION ACT (FOIA) REQUEST RESPONSE INTERIM FINAL TYPE
PART I.D -- COMMENTS
In interim response #1, issued to you on September 6, 2019, the Office of Inspector General addressed item 4 of your request. In interim response #2, issued to you on April 10, 2020, this office addressed item 2 of your request. In interim response #3, issued to you on January 25, 2021, this office addressed items 5 and 6 of your request, with the exception of one set of records that is still being processed.
In this fourth interim response, we are addressing items 1 and 3 of your request. Item 1 asks for "any and all records pertaining to any and all Memoranda of Understanding between the US NRC and the US Army Corps of Engineers including all internal and external communication regarding the MOUs and the research, review, evaluations, etc. conducted under those MOUs." Item 3 asks for "all email communications and any other records in the possession of Brad Harvey relating to the Memorandum of Understanding between the NRCs Advisory Committee on Reactor Safeguards and the Omaha District of the US Army Corps of Engineers." With the exception of two records, for which we will be consulting with the Federal Energy Regulatory Commission [FERC] with respect to content that NRC staff has identified as potentially warranting designation as Critical Electric/Energy Infrastructure Information [CEII], we have completed our processing of these records. As part of our processing of the records responsive to items 1 and 3, we consulted with the US Army Corps of Engineers [USACE]. The USACE has provided the following administrative appeal rights: Should you wish to appeal any of the redactions to the Monthly Status Letter Reports and/or invoices furnished to the NRC by the USACE, you may do so by writing to the Secretary of the Army (ATTN: General Counsel). An appeal must be received within 60 calendar days of the date of this response. The envelope containing the appeal should bear the notation: "Freedom of Information Act Appeal" and should be sent to: U.S. Army Engineer District, Omaha, ATTN: CENWO-OC, 1616 Capitol Avenue, Omaha, Nebraska 68102-4901.
In addition to the enclosed records, the following records are already available to the public in ADAMS under these Main Library (ML) accession numbers:
ML062920211 ML082540354 ML011590609 ML12172A375 ML14189A307 ML16125A522 ML16273A359 ML17292A735
Records with an ML accession number are publicly available in the NRC's Public Electronic Reading Room at http:www.nrc.gov/reading-rm.html. If you need assistance in obtaining these records, please contact the NRC's Public Document Room (PDR) at 301-415-4737, or 1-800-397-4209, or by email to PDR.Resource@nrc.gov.
In addition, an additional MOU between the NRC and USACE may be found at https://www.federalregister.gov/
documents/2001/07/12/01-17452/memorandum-of-understanding-between-the-us-nuclear-regulatory-commission-and-the-us-army-corps-of.
We expect to issue a fifth interim response with respect to the remaining two records once we have completed our consultation with FERC. Thereafter, we expect to issue a six, and final response, addressing the remaining records responsive to items 5 and 6 of your request, in the near future. We appreciate your continued patience.
Signature - Freedom of Information Act Officer or Designee Karen E. Danoff Digitally signed by Karen E. Danoff Date: 2023.03.09 10:10:37 -05'00'