ML23229A154
| ML23229A154 | |
| Person / Time | |
|---|---|
| Issue date: | 08/07/2023 |
| From: | Colbert L NRC/OCIO |
| To: | Curran D - No Known Affiliation |
| References | |
| NRC-2020-000129, FOIA | |
| Download: ML23229A154 (1) | |
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.
Diane Curran 08/07/2023 Records, as further specified in your request, relating to the NRC's actions in considering, and ultimately denying, the C-10 rulemaking petition (excluding the petition itself and the records processed in a prior request, FOIA/PA-2013-0332, which are publicly available in ADAMS as ML14281A124 and ML14290A178, respectively)
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 5
Upon receipt of your request, we tasked the Offices of the General Counsel (OGC), Nuclear Regulatory Research (RES),
Nuclear Reactor Regulation (NRR), Nuclear Material Safety and Safeguards (NMSS), and Region 1. Our first interim response addressed the records located by OGC, RES, NRR, and Region 1. Our second interim response addressed the records located by NMSS. As a result of searches by these offices, a number of records originating with the Office of the Secretary to the Commission (SECY) were located and referred to SECY. SECY was also asked to conduct a search for any additional responsive records. Our third interim response addressed some of the records located in SECY's search.
The fourth interim response addressed all but three of the remaining records that SECY had located, including several records for which NRR's equities had to be ascertained.
In a telephone conversation with this office today, we discussed with you the three remaining records, all of which are multi-subject records: a single page from an annual rulemaking report (dated May 2019), and two briefing books from 2018 and 2019. All three of these records include brief summaries pertaining to the C-10 rulemaking petition filed by your client, which is the subject matter of your request, and the then-current status of that petition. You agreed to exclude these remaining records from the scope of your request, allowing us to issue this fifth, and final, response to your request at this time.
Lezlie J. Colbert Digitally signed by Lezlie J. Colbert Date: 2023.08.07 10:59:39 -04'00' NRC-2020-000129