ML24338A165

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FOIA-2025-000130&131 - Resp 1 - Final
ML24338A165
Person / Time
Issue date: 12/02/2024
From: Colbert L
NRC/OCIO/DIME/FLICB
To: Slaughter D
Aerotest
Sillah A
Shared Package
ML24338A162 List:
References
FOIA-2025-000130, FOIA-2025-000131
Download: ML24338A165 (2)


Text

NRC FORM 464 Part I (09-25-2024)

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.

2025-000130 & 000131 1

David Slaughter, Aerotest Operations, Inc.

12/02/2024

[1] Various records, as more fully described below, referenced in the records released to you in response to the consolidated response to FOIA-2024-00173 through FOIA-2024-000175 (FOIA-2025-000130) and [2] any notes, minutes or recordings of four discussions or meetings, also more fully described below (FOIA-2025-000131).

NRC FORM 464 Part I (09-25-2024)

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

In your first request, FOIA-2025-000130, you seek copies of the following documents: [1] the concurrence page mentioned in the 5/4/23 9:37 am email from Theresa Mayberry and Marian Zobler; [2] ADAMS ML23124A084 and ADAMS ML23124A085, which you stated that you could not find on https://adams.nrc.gov/wba/ and that are mentioned in an email on 5/4/23 3:30 pm from Theresa to Howard Osborn, James Corbett, and Rids EDO mail center resource and ccd to Marian Zobler, Laura Shrum, Cathy Scott, and Mary Spencer; [3] ADAMS ML23272A038 (Aerotest: OEDO staff response to OIG) which you stated that you could not find on https://adams.nrc.gov/wba/ and that are mentioned in an email on 1/11/24 10:37 am from Laura Shrum to Brian Harris and Robin Baum, in a 1/11/24 2:05 pm email from Robin Baum to Laura Shrum and Brian Harris and in a 1/11/24 2:26 pm email from Brian Harris to Robin Baum and Laura Shrum; and [4] the concurrence page mentioned in the 5/28/24 9:03 AM email from Theresa Mayberry and Brooke Clark.

With respect to item 1 (as well as the second document referenced in item 2), we identified that concurrence page as ML23124A085, which has now been made publicly available at https://adamswebsearch2.nrc.gov/webSearch2/main.jsp?

AccessionNumber=ML23124A085. (We note that page 233 of the PDF of the released set of records you received in response to FOIA-2024-000173-175 is an earlier iteration of this concurrence page, without Marion Zobler's name in the concurrence grid). With respect to the first document referenced in item 2, we have confirmed that ML23124A084 is available in ADAMS at https://adamswebsearch2.nrc.gov/webSearch2/main.jsp?AccessionNumber=ML23124A084. With respect to item 3, we note that ML23272A038 is a package, consisting of five records, all of which are now publicly available at the following links:

ML23272A037 - https://adamswebsearch2.nrc.gov/webSearch2/main.jsp?AccessionNumber=ML23272A037 ML24009A222 - https://adamswebsearch2.nrc.gov/webSearch2/main.jsp?AccessionNumber=ML24009A222 ML24009A209 - https://adamswebsearch2.nrc.gov/webSearch2/main.jsp?AccessionNumber=ML24009A209 ML24016A252 - https://adamswebsearch2.nrc.gov/webSearch2/main.jsp?AccessionNumber=ML24016A252 ML24017A135 - https://adamswebsearch2.nrc.gov/webSearch2/main.jsp?AccessionNumber=ML24017A135 With respect to item 4, we identified that concurrence page as ML24149A124, which has now been made publicly available at https://adamswebsearch2.nrc.gov/webSearch2/main.jsp?AccessionNumber=ML24149A124.

In your second request, FOIA-2025-000131, you seek copies of any notes, minutes, or recordings of the following discussions and meetings: [1] the discussion mentioned in the 4/12/23 5:08 pm email from Marian Zobler to Theresa Mayberry; [2] the meeting on 4/25/23 2:30-3:20 per meeting notification from Microsoft Outlook on behalf of Champa Rajapakse, to Marian Zobler and forwarded to additional recipients Mary Spencer, Andrew Averbach, Cathy Scott, Robin Baum, and Laura Shrum; [3] the Microsoft Team Meeting on 1/18/24 10:00-10:25 between Brian Harris, Robin Baum and Laura Shrum; and [4] discussions between Laura Shrum and Robin Baum, from May 22, 2024 to October 30, 2024 (the date the NRC received this request). Staff in the Office of General Counsel informed us that, to the extent any such documentation exists, the records would have been identified as responsive to FOIA-2024-000173-175 and addressed in our previous response; additionally, as a result of a second search undertaken by OGC staff in response to this request, no responsive records were found.

This completes our processing of FOIA-2025-000130 and FOIA-2025-000131.

LEZLIE COLBERT Digitally signed by LEZLIE COLBERT Date: 2024.12.02 12:12:42 -05'00' 2025-000130 & 000131