ML24078A184
| ML24078A184 | |
| Person / Time | |
|---|---|
| Issue date: | 03/14/2024 |
| From: | Stephanie Blaney NRC/OCIO |
| To: | Kolar J Government Accountability Project |
| Shared Package | |
| ML24078A172 | List: |
| References | |
| NRC-2018-000096 | |
| Download: ML24078A184 (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.
Jack Kolar, Government Accountability Project 03/14/2024 Records corresponding to items 101-104 of your request, as further explained in the Comments Section, below.
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 15
In item 101 of your request, you requested "all records pertaining to allegations RIV-2007-A-0028, RIV-2007-A-0048, RIV-2007-A-0093, RIV-2007-A-0096, RIV-2007-A-117, RIV-2007-A-0130, RIV-2009-A-0036, and RIV-2009-A-0037, and to OI Cases 4-2007-049, 4-2008-004, and 4-2009-43F." In item 102, you requested "all correspondence between Ameren Corporation and the NRC since February 26, 2010 regarding the 2003-Oct-21 reactor shutdown." In item 103, you requested "all correspondence between the NRC and elected representatives, appointed regulators or employees of the state of Missouri regarding the 2003-Oct-21 reactor shutdown at Callaway Plant." And, finally, in item 104, you requested "all records, including correspondence between the NRC and Ameren Corporation and including notes from phone calls and drop-in visits, pertaining to the 10 CFR 2.206 petitions submitted by Lawrence Criscione on 2010-Apr-27, 2010-Apr-30, 2010-Sep-17, 2011-Oct-7, and 2012-Aug-15."
Your request noted that the records sought in items 101-103 have been processed in response to several prior FOIA requests. However, due to the passage of time since most of the FOIA requests you identified were processed, pursuant to record disposition schedules, those FOIA request files have been destroyed. As such, upon receipt of your request, we tasked the relevant program offices, including Region IV and the Office of Nuclear Reactor Regulation, to search for, and provide us with, copies of the responsive records. With the exception of some records for which we are awaiting a disclosure recommendation from one office, we have now completed our processing of the records responsive to items 101-104, including consultations with Ameren Corporation, Callaway's licensee. In addition to the enclosed released sets of records, we have included lists of responsive records that are already publicly available. Please note that, to the extent copies of records responsive to items 102-104 were maintained in the allegation and investigation files responsive to item 101, such records were processed only once. Please also note that we have processed the records, taking into account the privacy waiver furnished by Mr. Criscione that accompanied your request, as well as privacy waivers from several individuals who had provided them during our processing of other items in this request. Additionally, we have taken into account information that has been made publicly available in ADAMS and/or the Missouri Public Services Commission.
With issuance of this 15th interim response, as noted above, certain records responsive to items 101-104 for which we are awaiting one office's response remain to be addressed. In addition, we are still working on responses that will address the following outstanding items in your request: items 92, 106, 110, and 111. We appreciate your continued patience.
STEPHANIE BLANEY Digitally signed by STEPHANIE BLANEY Date: 2024.03.14 09:13:08 -04'00' NRC-2018-000096
NRC FORM 464 Part II (08-23-2023)
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 NRC-2018-000096#15
Stephanie Blaney (for) third party privacy-related information; internal pathways appearing in body of records Brooke P. Clark attorney-client communications
internal pathways, appearing in separate, non-responsive records for purpose of this FOIA request FOIA Officer General Counsel Select Title/Office from drop-down list Select Title/Office from drop-down list