ML23221A008
| ML23221A008 | |
| Person / Time | |
|---|---|
| Issue date: | 07/24/2023 |
| From: | Colbert L NRC/OCIO |
| To: | Reichert K, Slaughter D Aerotest |
| References | |
| FOIA-2023-000145 | |
| Download: ML23221A008 (3) | |
Text
NRC FORM 464 Part I (03-13-2023)
RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST U.S. NUCLEAR REGULATORY COMMISSION FOIA or Reference Number Response Number
Response
Type Interim Final Requester:
Date:
Description of Requested Records:
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 the NRC Public Access Link (PAL), at https://foia.nrc-gateway.gov/app/Home.aspx.
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 AMOUNT You will be billed by NRC for the amount indicated.
You will receive a refund for the amount indicated.
Fees waived.
Since the minimum fee threshold was not met, you will not be charged fees.
Due to our delayed response, you will not be 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 email 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. You may file an appeal through the NRC Public Access Link (PAL) at https://foia.nrc-gateway.gov/app/Home.aspx.
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) 415-0717.
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 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. For additional information about OGIS, please visit the OGIS website at https://www.archives.gov/ogis.
FOIA-2023-000145 1
David Slaughter and Kathy Reichert, Aerotest Operations, Inc.
07/24/2023 For the time period, 1/1/2000 - 6/13/2023, all allegation and/or investigation numbers and their titles relating to or involving Aerotest, including date initiated/opened, date closed, disposition, and any documentation relating to the closing (i.e., memorandum, report, entry/note in the matter), excluding OIG's report in C21-012.
NRC FORM 464 Part I (03-13-2023)
RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST U.S. NUCLEAR REGULATORY COMMISSION Response Number Interim Final PART I.D -- COMMENTS Signature - Freedom of Information Act Officer or Designee FOIA or Reference Number
Response
Type 1
iUpon receipt of your request, we sought clarification from you whether the allegation and investigation matters pertained only to those handled by the U.S. Nuclear Regulatory Commission (NRC)'s Office of Inspector General (OIG), or included those matters handled by the Offices of Enforcement (OE) and Investigation (OI), respectively. You stated that you intended to reach all three offices.
Based upon that clarification, we tasked the OIG, OE, and OI, to search for any responsive records. This initial response addresses the results of the searches performed by the OE and OI. The OIG will issue a second, and final, response respecting its search in the near future.
Preliminarily, we want to let you know that, based upon OE's search, we extended our search to the Office of Nuclear Reactor Regulation (NRR) as well. OI did not locate any investigations relating to, or involving Aerotest. OE and NRR identified certain correspondence originating with Aerotest, which we have enclosed. In addition to the enclosed records, the NRC has made one record publicly available in ADAMS (the NRC's official record-keeping repository). This record may be found under accession number ML19184A112. Please note that 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. Aside from the enclosed records, OE informed us that it is NRC policy not to confirm nor deny whether OE has received any allegations raised about a particular person or entity.
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, 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. In the absence of any of these circumstances involving any third parties who may have raised allegations against Aerotest, we cannot confirm nor deny the existence of any responsive records.
Lezlie J. Colbert Digitally signed by Lezlie J. Colbert Date: 2023.07.24 09:22:21 -04'00' FOIA-2023-000145
NRC FORM 464 Part II (12-12-2022)
U.S. NUCLEAR REGULATORY COMMISSION RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST NRC Form 464 Part II (12-12-2022)
FOIA or Reference Number PART II.A -- APPLICABLE EXEMPTIONS Exemption 1: The withheld information is properly classified pursuant to an Executive Order protecting national security information.
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)), after taking into consideration the foreseeable harm standard when reviewing records and applying these FOIA exemptions.
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.
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 any individual.
Other:
PART II.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.
DENYING OFFICIAL TITLE/OFFICE INFORMATION DENIED APPELLATE OFFICIAL EDO SECY Other:
OIG FOIA-2023-000145
LColbert (acting)
Any allegation records FOIA Officer Select Title/Office from drop-down list Select Title/Office from drop-down list Select Title/Office from drop-down list