ML24150A121
| ML24150A121 | |
| Person / Time | |
|---|---|
| Issue date: | 05/24/2024 |
| From: | Sillah A NRC/OCIO/DIME/FLICB |
| To: | Weir V Partners Environmental Consulting |
| Shared Package | |
| ML24150A123 | List: |
| References | |
| FOIA-2024-000142 | |
| Download: ML24150A121 (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.
FOIA-2024-000142 1 (revised)
Vivienne Weir, Partners Environmental Consulting 05/24/2024 Any reported incidents or anything else of environmental impact at the property located at 6801 Cochran Road in Solon, Ohio 44139.
$0.00
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 (revised)
Upon receiving your request, we tasked Region III (RIII) with conducting a search for any responsive records (that is, records reflecting any reported incidents at the specified property, or other records of environmental impact). RIII staff found no records related to incidents or anything else of an environmental impact at the named property address. Upon receiving our initial response, you raised concerns about the search that was conducted given that the Materials Licensing Tracking System (MLTS) reflects the issuance of a license for that property; we agreed to revisit the matter and tasked one additional office - the Office of Nuclear Material Safety and Safeguards (NMSS) - in NRC's headquarters. NMSS staff also found no records, and confirmed to us that RIII would be the proper custodian of these records, to the extent they exist.
We note that Ohio is an Agreement State. As reflected on the NRC's webpage about the Agreement State Program, https://
www.nrc.gov/about-nrc/state-tribal/agreement-states.html, Section 274 of the Atomic Energy Act provides a statutory basis under which NRC relinquishes to the States portions of its regulatory authority to license and regulate byproduct materials (radioisotopes); source materials (uranium and thorium); and certain quantities of special nuclear materials. The state of Ohio became an Agreement State in 1999. Contact information for Ohio may be found at https://www.nrc.gov/agreement-states/ohio.html. You may wish to submit a public access request to Ohio.
And, finally, as we stated in our original response, since RIII and NMSS staff found no records responsive to your request, you may wish to consider submitting a FOIA request to the Environmental Protection Agency (EPA) for any records EPA may have about the named property. You may find information about how to submit a FOIA request to the EPA at https://
www.epa.gov/foia.
Alecia S. Sillah Digitally signed by Alecia S. Sillah Date: 2024.05.23 14:18:17 -04'00' FOIA-2024-000142