ML24250A121

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APP-2024-000005 - Resp 1 - Final
ML24250A121
Person / Time
Issue date: 08/26/2024
From: Scott Flanders
NRC/OCIO
To: Power J
Aljazeera
References
APP-2024-000005, FOIA-2023-000132
Download: ML24250A121 (1)


Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 IN RESPONSE REFER TO:

APP-2024-000005 FOIA-2023-000132 Sent via e-mail to: powerj@aljazeera.net John Power Aljazeera Unit 13, 29F, Nadi Bangsar No. 16, Jalan Tandok Kuala Lumpur, 59100

Dear John Power:

I am responding to your letter dated July 10, 2024, in which you appealed the U.S. Nuclear Regulatory Commissions (NRC) response to your June 10, 2023, Freedom of Information Act (FOIA) request, FOIA-2023-000132. Your request sought communications sent or received by Eric Stahl, Chief of the International Cooperation and Assistance Branch between June 5 and 7, 2023, regarding the Zaporizhzhia Nuclear Power Plant in Ukraine. You appealed the application of exemption 4 to certain records, or portions of records, responsive to your request.

Acting on your appeal, after staff in the Office of International Programs (OIP) considered anew their disclosure recommendations, I have determined the exemptions were applied in FOIA-2023-000132 correctly. The reasons that you note as a basis for reconsideration are not persuasive and, in some regards, are without merit and, as such, do not negate the FOIA exemptions used to withhold the requested information. Therefore, I have denied your appeal.

Release of the records previously denied you, which include sensitive, internal predecisional information and details received from a range of U.S. Government partners, containing confidential commercial information, release of which could negatively affect the NRCs or U.S.

Governments response to this ongoing event or jeopardize the submitters interests in continuing operations, which could impact U.S. national security.

This is the final agency decision. As set forth in the FOIA (5 U.S.C. 552(a)(4)(B)), you may seek judicial review of this decision in the district court of the United States in the district in which you reside or have your principal place of business. You may also seek judicial review in the district in which the agencys records are situated, Maryland, or in the District of Columbia.

The 2007 FOIA amendments created the Office of Government Information Services (OGIS) to offer mediation services to resolve disputes between FOIA requesters and Federal agencies as a non-exclusive alternative to litigation. Using OGIS services does not affect your right to pursue litigation. You may contact OGIS in any of the following ways:

Power, John Office of Government Information Services National Archives and Records Administration 8601 Adelphi Road-OGIS College Park, MD 20740 E-mail: ogis@nara.gov Telephone: 202-741-5770 Toll-free: 1-877-684-6448 Fax: 202-741-5769 Sincerely, Scott Flanders Chief Information Officer Office of the Chief Information Officer SCOTT FLANDERS Digitally signed by SCOTT FLANDERS Date: 2024.08.26 09:29:39 -04'00'