ML23312A166

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NRC-2016-000539 - Resp 1 - Interim (Revised)
ML23312A166
Person / Time
Issue date: 11/06/2023
From: Colbert L
NRC/OCIO/DIME/FLICB
To: Sforza T
- No Known Affiliation
References
NRC-2016-000539
Download: ML23312A166 (1)
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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.

2016-000539 (revised) 1

Teri Sforza 11/06/2023 Documents related to the NRC-sponsored study of cancer risks to populations near nuclear power facilities, which was performed by the National Academy of Sciences (NAS), from the date NRC announced the study (April 7, 2010) to the date NRC announced cancellation of the study (September 8, 2015).

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

This interim response addresses records located in NRC's regional offices, as well as multiple program offices within NRC's headquarters, for which no further consultation (either with other program offices or the National Academy of Sciences) is needed. Once we have completed these consultations, we expect to issue our final response. We will keep you updated on further developments; we appreciate your continued patience.

Lezlie J. Colbert Digitally signed by Lezlie J. Colbert Date: 2023.11.06 10:26:35 -05'00' 2016-000539 (revised)

NRC FORM 464 Part II (08-23-2022)

U.S. NUCLEAR REGULATORY COMMISSION RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST NRC Form 464 Part II (08-23-2023)

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 2016-000539 (revised)

Leslie Colbert (Acting) third party personally identifiable information (PII)

A few portions, not relating to the Cancer Risk Research Study, are considered non-responsive records.

FOIA Officer Select Title/Office from drop-down list Select Title/Office from drop-down list Select Title/Office from drop-down list

Records Already Publicly Available FOIA-2016-0539 - Interim Response #1

1. SECY-15-0104- "Analysis of Cancer Risks in Populations Near Nuclear Facilities Study", http://www.nrc.gov/docs/ML1514/ML15141A404.pdf.
2. SECY-12-0136 - "Next Steps for the Analysis of Cancer Risks in Populations Near Nuclear Facilities Study",http://www.nrc.gov/reading-rm/doc-collections/commission/secys/2012/2012-0136scy.pdf.
3. NRC News, No.10-060, dated April 7, 2010, "NRC Asks National Academy of Sciences to Study Cancer Risk in Populations Living Near Nuclear Power Facilities",

http://www.nrc.gov/docs/ML 1009/M L100970142.pdf.

4. NRC News, No.10-154, dated September 1, 2010, "National Academy of Sciences Seeks Nominations for Experts to Conduct NRC-Sponsored Cancer Risk Study" -

http:f/www.nrc.gov/docs/ML1024/ML102460036.pdf.

5. NRC News, No.11-005, dated January 11, 2011, "National Academy of Sciences Announces Expert Panel Nominees for First Phase of NRC-Sponsored Cancer Risk Study" - http://www.nrc.gov/docs/ML1113/ML111370297.pdf.
6. NRC News, No.11-020, dated February 8, 2011, "NRC Participating in National Academy of Sciences Meeting Feb. 24 on First Phase of NRC-Sponsored Analysis of Cancer Risks",http://www.nrc.gov/docs/ML1103/ML110390555.pdf.
7. NRC News, No.11-063, dated April 8, 2011, "NRC Presenting at National Academy of Sciences Meeting April 18 in Chicago Regarding NRC-Sponsored Cancer Risk Study",

http://www.nrc.gov/docs/ML1109/ML110980137.pdf.

8. NRC News, No.11-086, dated May 17, 2011, "NRC Presenting at National Academy of Sciences Meeting May 23 in Atlanta Regarding NRC-Sponsored Cancer Risk Study" http://www.nrc.gov/docs/ML1113/ML111370297.pdf.
9. NRC News, No.11-155, dated August 24, 2011, "NRC Presenting at National Academy of Sciences Meeting Aug. 29 on NRC-Sponsored Cancer Risk Study",

http://www.nrc.gov/docs/ML1123 /ML11236A289.pdf.

10. NRC News, No.11-193, dated October 7, 2011, "NRC Presenting at National Academy of Sciences Meeting Oct. 20 on NRC-Sponsored Cancer Risk Study",

http://www.nrc.gov/docs/ML1128/ML112800353.pdf.

11. NRC News, No.12-117, dated October 23, 2012, "NRC Sponsoring National Academy of Sciences Effort to Carry Out Pilot of Cancer Risk Study",

http://www.nrc.gov/docs/ML1229 /ML12298A078.pdf.

12. NRC News, No.15-055, dated September 8, 2015, "NRC Ends Work on National Academy of Sciences Cancer Risk Pilot Study",

http://www.nrc.gov/docs /ML1525 /ML15251A111.pdf.

13. Slides, "Analysis of Cancer Risks in Populations Near Nuclear Facilities Phase 1",

dated March 26, 2012 - ML120860041.

14. Slides, "Uranium Recovery Regulations and Operations" - ML110320309.
15. Slides, "RETS/REMP - NRC's Program for Keeping Nuclear Power Plant Offsite Doses as low as Reasonably Achievable (ALARA), dated April 18, 2011-ML111050205.
16. Slides, "Analysis of Cancer Risks in Populations Near Nuclear Facilities: Phase 1",

presented by Dr. Kevin Crowley, NAS, at the Regulatory Information Conference on March 10, 2011,http://www.nrc.gov/public-involve/conference-symposia/ric/past/2013/docs /abstracts /crowley-onsite-th2 7-hv.pdf.

17. Slides, "Radiation Protection Code Analysis and Maintenance Program (RAMP)",

presented by Stephanie Bush-Goddard at the Regulatory Information Conference on March 13, 2014,http://www.nrc.gov/public-involve/conference-symposia Irie /past/2014 /docs /abstracts /goddardbushs-th34-hv.pdf.

18. Blog by Scott Burnell, NRC Office of Public Affairs, "Examining the Reasons for Ending the Cancer Risk Study", posted October 6, 2015, https://public-blog.nrc-gateway.gov /2015/10 I 061 examining-the-reasons-for-ending-the-cancer-risk-study.
19. U.S. Nuclear Regulatory Commission Notice of Grant/ Assistance Award, NRC-04 152, dated August 10, 2010 - ML102280056.
20. U.S. Nuclear Regulatory Commission, Notice of Grant Award Modification #1, NRC-04-10-152, dated September 8, 2010 - ML102560361.
21. National Academy of Sciences, prepublication copy of "Analysis of Cancer Risks in Populations Near Nuclear Facilities Phase 1 report" - ML120860057.
22. National Academy of Sciences, "Analysis of Cancer Risks in Populations Near Nuclear Facilities: Phase 1 report" - ML12254A165; ML15035A132.
23. National Academy of Sciences, "Analysis of Cancer Risks in Populations Near Nuclear Facilities: Phase 2 Pilot Planning report" - ML15035A135.
24. Communication Plan, "Analysis of Cancer Risks in Populations Near Nuclear Facilities - Phase 2 Pilot Studies," dated December 5, 2013 - ML13274A664.
25. Letter to Dr. Kevin Crowley, National Academy of Sciences, from Dr. Brian Sheron, NRC, dated September 9, 2015 - ML15244A494.
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