ML25022A150
| ML25022A150 | |
| Person / Time | |
|---|---|
| Issue date: | 01/21/2025 |
| From: | NRC/OCIO |
| To: | |
| References | |
| FOIA-2025-000152 | |
| Download: ML25022A150 (1) | |
Text
From:
To:
Cc:
Subject:
Date:
Jara Noble Karen Danoff
[Extemal_Sender] RE: [EXTERNAL EMAIL): Clarification questions and update on your FOIA request to the NRC, FOIA-2023-000119 Monday, June 5, 2023 8:48:21 AM Good Morning Karen, Please withdraw my previous request for the document titled "Acceptance review copy of Chapter 9 to River Bend Station Units 1 & 2 FSAR" from my document request, and please provide the first it em listed in the request. Thank you for your prompt response, and please let me know whether any additional information is needed.
Thank you, Tara Jvl. Nob{e Supervisor, Data Services Certrec Corporation 6500 West Freeway, Suite 400 Fort Worth, TX 76116 817-738-7661 866-635-1869 (fax)
Direct Dial~l(b-)(6-l------~
From: Karen Danoff <Karen.Danoff@nrc.gov>
Sent : Tuesday, May 30, 2023 1:51 PM To: Tara Noble ! -(b_l(6_> _______ ~
Cc: Karen Danoff <Karen.Danoff@nrc.gov>
Subject:
[EXTERNAL EMAIL]: Clarification questions and update on your FOIA request t o the NRC, FOIA-2023-000119 You don't often get email from karen danoff@nrc gov. Learn why this is important CAUTION:
This email originated from outside your organizat ion. Exercise caution when opening attachments or clicking links, especially from unknown senders.
Good Afternoon, Attached is the report I generated from the public Legacy Library based on the information in your FOIA request. I read in your initial request to the NRC's Public Document Room how you are seeking a copy of the River Bend FSAR, Chapter 9, submitted in 1981, but how you are requesting both documents to confirm which is the actual document.
The NRC staff responsible for the River Bend FSAR confirmed the first document in the attached report is the River Bend FSAR, Chapter 9. The staff is currently working on releasing a publicly available version in ADAMS, I am waiting for the accession number.
They told me the second document is a single page that says that the acceptance review copy is not available on microfiche, and how the two records you requested are the same document.
We recommend that you consider withdrawing the "Acceptance review copy of Chapter 9 to River Bend Station Units 1 & 2 FSAR, "Auxiliary Sys" document from your request. If you agree, there is not expected to be any FOIA fees associated with your request, with the first document expected to be publicly available in ADAMS this week. We would provide you with the publicly available ADAMS accession number, when we receive it, in our final FOIA response.
Please let me know how you would like to proceed.
- Thanks, Karen Karen Danoff Government Information Specialist, FOIA Team Governance & Enterprise Management Services Division Office of the Chief Information Officer US Nuclear Regulatory Commission Rockville, MD 20852 301-415-5072 Karen Danoff@nrc gov From: noreply@ains.com <noreply@ains.com>
Sent: Friday, May 26, 2023 12:13 PM To: l(b)(6)
I Cc: Karen Danoff <Karen Danoff@nrc gov>
Subject:
[External_Sender] FOIA-2023-000119 Acknowledgement Letter Good Afternoon, Acknowledgment letter signed by Lezlie J. Colbert, Acting FOIA Officer. No hard copy to follow.
If you are unable to open the document, please let us know by return email (addressed either to me, or to EOIA.Resource@nrc.gov) or call 301-415-3722.
Please do not reply to noreply@ains.com; this email box does not accept incoming messages. To contact the assigned FOIA Specialist please respond to karen.danoff@nrc.gov.
If you are interested in receiving information from the NRC FOIA program, subscribe to our distribution list.
Thank you.
From:
Jara Noble To:
FOIA Resource Cc:
Subject:
Date:
[Extemal_Sender] FW: [EXTERNAL EMAIL]: RE: Response from "Contact the Public Document Room Staff" Thursday, May 25, 2023 10:30:04 AM N RC Freedom of Information Act Officer, I am reaching out to submit a FOIA request for the River Bend Final Safety Analysis Report, issued in 1981. I submitted a document request through the PDR and was notified that the PDR's policies have changed, and NRC sensitivity reviews now require that I submit a FOIA request to receive a copy of these documents. The documents which I am searching for are listed in ADAMs as being available to the public, but listed in the Legacy ADAMs collection, as being on microfiche. Here is the information I retrieved from ADAMs:
Accession number 8108270861, dated 8/25/1981, 670 pages, microfiche address 09559:278 -
09561:249 Accession number 8105010363, dated 4/22/1981, 550 pages, microfiche address 28376:033 -
28376:033 Please let me know if there are any additional questions I can answer or information to submit for this request to be completed.
Thank you,
'Tara Jvl.. Nob[e Supervisor, Data Services Certrec Corporation 6500 West Freeway, Suite 400 Fort Worth, TX 76116 817-738-7661 866-635-1869 (fax)
Direct Dial:.,,.rb..,..,)(""5)-~------,
From: PDR Resource <PDR.Resource@nrc.gov>
Sent: Wednesday, May 24, 2023 12:08 PM To: Tara Noble....
fb_)(6_) ________
Subject:
[EXTERNAL EMAIL]: RE: Response from "Contact t he Public Document Room Staff" CAUTION:
This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders.
Hello Tara,
Due to some new policies at NRC around sensitivity reviews for these older documents, it is now necessary to file FOIA requests for these FSAR documents.
More about t he process of filing a FOIA can be found at https://www.nrc.gov/reading-rm/foia/foia-request.html#where Thank you, Anne Goel Anne Goel Technical Librarian Public Document Room U.S. Nuclear Regulatory Commission 1-800-397-4209 (M-F 8:00 AM - 4:00 PM EST)
P DR. Resource@nre.gov Please let us know how we're doing by sending us a note or participating in our voluntary PDR Satisfaction Survev. The nine-question survey should take only a few minutes, and you can give us feedback on both the service you received from the PDR and NRC's ADAMS database.
From: do-not-reply@nrc-gateway.gov <do-not-reply@nre-gateway.gov>
Sent: Wednesday, May 24, 2023 11:37 AM To: PDR Resource <PPR Resource@nrc gov>
Subject:
[External_Sender] Response from "Contact the Public Document Room Staff" ContactUslD: 4624 ContactUsNotificationRecipient: pdr. re sou rce@n re. gov ContactUsNotification
Subject:
Response from "Contact the Public Document Room Staff" PDR Category: Document search request ContactUsDocumentTit le:
ContactUsNumberTitle:
Question or Comment: I need a copy of the River Bend FSAR submitted in 1981, specifically I need a copy of chapter 9. There are 2 entries I found which could be chapter 9, but i'd like to confirm which
is the actual document. The information I found in ADAMs is: Accession number 8108270861, dated 8/25/1981, 670 pages, microfiche address 09559:278 - 09561:249 Accession number 8105010363, dated 4/22/1981, 550 pages, microfiche address 28376:033 - 28376:033 I need these documents as soon as possible, can you charge my existing account information for the reproduction fees if the pdf's are not already digitized.
Would you like to remain anonymous?: False Name: Tara Noble E-mail: r~b-)C 5_> _______ ~
Organization: Certrec Corporation Address: 6500 West Freeway Suite 400 City: Fort Worth State: TX ZIP/Postal Code: 76116 Country: United States of America Phone: 817-738-7661 ContactUsCaptcha:
Form inserted: 5/24/2023 3:36:48 PM Form updated: 5/24/2023 3:36:48 PM
NRC FORM 464 Part I U.S. NUCLEAR REGULATORY COMMISSION FOIA or Reference Number Response Number (03-13-2023)
,,,.fl"~",
I FOIA-2023-000119 11 1
I
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RESPONSE TO FREEDOM OF
~
i
\~ l INFORMATION ACT (FOIA) REQUEST
Response
Interim 0 Final Type Requester:
Date:
lrara Noble II 06/05/2023 I
Description of Requested Records:
Chapter 9 to River Bend Station Units 1 and 2 FSAR, August 1981 PART I. -- INFORMATION RELEASED 0
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/readinq-rm/adams.html; (3) microfiche available in the NRC Public Document Room; or the NRC Public Access Link (PAL), at https://foia.nrc-gateway.qov/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.
0 See Part I.D -- Comments.
PART I.A -- FEES You will be billed by NRC for the amount indicated.
0 Since the minimum fee threshold was not met, AMOUNT you will not be charged fees.
I I
You will receive a refund for the amount indicated.
$0.00 Due to our delayed response, you will not be Fees waived.
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 EQJA.resourc~ncc.gQY. 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 htlP_s://foia.nrc.:.9atewa,y,,go_l/LfillgLl:!om~ru<-
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 oqis@nara.gov, send a fax to (202) 7 41-5789, 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 bttps://www.archives.gov/oqis.
NRC FORM 464 Part I U.S. NUCLEAR REGULATORY COMMISSION FOIA or Reference Number I FOIA-2023-000119 Response Number 11 1
(03-13-2023)
RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST PART I.D -* COMMENTS
Response
Type This is in response to your FOIA request received by the NRC on May 25, 2023.
Your initial FOIA request asked for the following two records:
D Interim I I Final
- 1) Acceptance review copy of Chapter 9 to River Bend Station Units 1 & 2 FSAR, "Auxiliary Sys.", April 22, 1981, Legacy Library accession number 8105010363
- 2) Chapter 9 to River Bend Station Units 1 & 2 FSAR, "Auxiliary Sys.", August 25, 1981, Legacy Library accession number 8108270861.
After we provided you with the information from the NRC staff responsible for the River Bend FSAR, you agreed to scope out the "acceptance review copy" document.
The second document in your request, Chapter 9 to River Bend Station Units 1 & 2 FSAR, "Auxiliary Sys.", August 25, 1981, is now publicly available in ADAMS. The accession number is ML20030C720, and the direct link is https://
adamswebsearch2.nrc.gov/webSearch2/main.jsp?AccessionNumber=ML20030C720 Signature
- Freedom of Information Act Officer or Designee Lezlie J. Colbert Digitally signed by Lezlie J. Colbert Date: 2023.06.05 14:57:46 -04'00'
From:
To:
James Piooeeo FOIA Resource
Subject:
[External_Sender] FOIA Request Date:
Friday, September 29, 2023 6:25:01 PM U.S. Nuclear Regulatory Commission Mail Stop TWFN-6 A60M Washington, DC 20555-0001 To the NRC Freedom of Information Act Officer:
Under the Freedom of Information Act 5 U.S.C. § 552, I am requesting an opportunity to inspect or obtain the following records for the purposes of news gathering regarding climate hazards to US nuclear power plants, and their preparedness for climate-related events:
Any correspondence sent or received by the contemporaneous NRC commissioners between April 2016 and April 2019 in connection to the JAPAN LESSONS-LEARNED DIVISION JLD-ISG-2016-01 Guidance for Activities Related to Near-Term Task Force Recommendation 2.1, Flooding Hazard Reevaluation; (https://www.nrc.gov/docs/ML 1609/ML16090A140.pdf)
If there are any fees for searching or copying these records, please inform me if the cost will exceed $25. However, I would also like to request a waiver of all fees in that the disclosure of the requested information is in the public interest and will contribute significantly to the public's understanding of US nuclear power facility's preparedness for climate change. I will use this information in my reporting. This information is not being sought for commercial purposes.
If possible, please supply any records electronically. To the extent, possible please send records as they become available as well.
If you intend to deny this request, I will expect to hear from you within the 20 business days after confirming the receipt of my request as mandated by law. Also, if you expect a significant delay in responding to this request, please contact me with information about when I might expect copies or the ability to inspect the requested records.
I am additionally requesting expedited processing due to the urgent need to inform the public regarding the potential risks involved in the NRC's work regarding relicensing nuclear plants, and pressing concerns about the exposure of US infrastructure to climate-related hazards. This is true and correct to the best of my knowledge and belief.
Thank you for considering my request.
Sincerely, b)(6)
From:
To:
Cc:
Subject:
Date:
Hi Margo, James Dinneen Margo Stevens Stephan Ellis: Br;ttany Johnson: Denjsha Gilet
[Extemal_Sender] Re: Your "climate change" requests {FOIA-2024-000001 through FOIA-2024-000005)
Thursday, October 19, 2023 10:57:44 AM Thanks very much for the opportunity to clarify my requests. This looks great. Just made a one adjustment balded below.
- Best, James Dinneen On Wed, Oct 18, 2023 at 2: 12 PM Margo Stevens <Margo.Stevens@nrc.gov> wrote:
Again, thank you for speaking with us regarding the scope of your requests. As I noted, the questions we asked were based upon our generalized understanding of the subject matter; it is possible that the subject matter experts (SMEs) in the HQ program and regional offices may have additional concerns over the breadth of one or more of your requests. Should that be the case, we would like to schedule another virtual meeting, with SME participation, so that we can try to arrive at a mutually acceptable outcome.
I committed to documenting our call, so that we have a modified request to share with the program and regional offices that we task to conduct searches. Ifl have correctly captured what we discussed, a brief email to that effect from you is all that is necessary for us to begin. If there is a correction or clarification you wish to make, please do so.
FOIA-2024-000003 (assigned to Denisha): You have clarified that you are seeking the two enclosures to the Senator Markey letter (MLl 5331A082) and any updates to the information in both enclosures of that letter. I mentioned to you that the two enclosures are, in fact, in public ADAMS and we could provide you with the ML accession numbers.
And we will ask the program office that worked on the Markey Letter whether they have done any updates to the list since 2015 in satisfaction of the second part of this request.
FOIA-2024-000005 (assigned to Brittany): You clarified that you are seeking any internal communications within the NRC during the time NRC was working on the proposed Draft Revision 2 to NUREG-1437 that reflects NRC considered during its deliberations (before issuance of the draft revision 2) whether climate change should be addressed in nuclear plants' environment impact statements supporting license renewals. The time period covered would begin with the date NRC started working on the draft revision through its February 2023 publication.
FOIA-2024-000001 (assigned to Stephan): You narrowed the temporal limit of this request to 2016-2023. You eliminated any records already publicly available (either in ADAMS or elsewhere on www.nrc.gov). You clarified that you are looking for records (documents, correspondence, or reports) where the primary focus/question being addressed is the impact of climate change/extreme weather on nuclear facilities. You said that records that might have only passing references to "climate change" would not be within the scope. (Although I mentioned during our call the second part of this request that asked for records discussing climate change in relation to Beyond Design Basis events, I want to ensure that you are making the same modification to this part - where the focus of the record is climate change in relation to Beyond Design Basis events.
FOIA-2024-000002 (assigned to me): You stated that, in the extensive research you have already done, you did not find any major repo1t or guidance that discusses climate change.
In this request, you are seeking records that reflect any deliberations on why the post-Fukushima guidance did not address climate change (you noted that the guidance was limited to discussions of seismic and flooding risks).
FOIA-2024-000004 (also assigned to me): You clarified that you are seeking internal communications sent or received by the then-Commissioners that reflect whether NRC considered during its deliberations before issuance of JLD-ISG-2016-01 (ML16090Al4) whether or not climate change should be addressed in that guidance. The time period covered would begin with the date NRC started working on JLD-ISG-2016-01 through its publication on April 5, 2016.
I look forward to hearing from you. So that we do not unduly delay processing, I'd appreciate hearing from you tomorrow or no later than Friday.
- Margo L. Stevens
- JOI.Jl.Jlna[yst/Team Lead ('Pathfinder Consultants contractor)
OCIO/(jS:M.I'D/:JLICB
'U.S. :Nuclear 'Regu[atory Commission
- My hours: :Monday througfi :Friday, 6:oo.Jl:M. to 2:30 'P:M ('E'T) 0: (301) 415-8148
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James Dinneen Website I b)(6)
NRC FORM 464 Part I U.S. NUCLEAR REGULATORY COMMISSION FOIA or Reference Number Response Number (03-13-2023)
,,,.fl"~",
I FOIA-2024-000004 11 1
I
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RESPONSE TO FREEDOM OF
~
i
\~ l INFORMATION ACT (FOIA) REQUEST
Response
Interim 0 Final Type Requester:
Date:
!James Dinneen II 11/09/2023 I
Description of Requested Records:
Any correspondence sent or received by the contemporaneous NRC commissioners between April 2016-April 2019 in connection to the JAPAN LESSONS-LEARNED DIVISION JLD-ISG-2016-01 Guidance for Activities Related to Near-Term Task Force Recommendation 2.1, Flooding Hazard Reevaluation (ML16090A140)
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/readinq-rm/adams.html; (3) microfiche available in the NRC Public Document Room; or the NRC Public Access Link (PAL), at https://foia.nrc-gateway.qov/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.
0 See Part I.D -- Comments.
PART I.A -- FEES You will be billed by NRC for the amount indicated.
0 Since the minimum fee threshold was not met, 11 AMOUNT 11 you will not be charged fees.
You will receive a refund for the amount indicated.
Due to our delayed response, you will not be Fees waived.
charged search and/or duplication fees that would otherwise be applicable to your request.
PART I.B --INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE 0
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.
0 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 EQJA.resourc~ncc.gQY. 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 htlP_s://foia.nrc.:.9atewa,y,,go_l/LfillgLl:!om~ru<-
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 oqis@nara.gov, send a fax to (202) 7 41-5789, 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 bttps://www.archives.gov/oqis.
NRC FORM 464 Part I U.S. NUCLEAR REGULATORY COMMISSION FOIA or Reference Number I FOIA-2024-000004 Response Number 11 1
(03-13-2023)
RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST PART I.D -* COMMENTS
Response
Type D Interim I I Final Upon receipt of your request, we tasked the Office of the Secretary to the Commission (SECY) to search for any records responsive to your request. SECY staff informed us that they located no records.
Signature
- Freedom of Information Act Officer or Designee Lezlie J. Colbert Digitally signed by Lezlie J. Colbert Date: 2023.11.09 08:33:09 -05'00'
From:
To:
Cc:
Subject:
Date:
Karen Paul Blanch FOIA.resources@nrc.gov: FOIA Resource: Karen Danoff Paul M Blanch: Dayjd Lochbaum; ~
- langley Charles
- San Clemente Green: cathy iwane
[Extemal_Sender] New FOIA request Tuesday, September 19, 2023 1:50:39 PM We searched ADAMS and the internet for this document but could not locate it.
Please consider this a formal FOIA request for the following document.
Wilson, B. W., Dr., "Estimate of Tsunami Effect at San Onofre Nuclear Generating Station, Units 2 and 3," December 1972.
Best regards, Paul Blanch
From:
fa.ul To:
Subject:
[External_Sender] Re: FOIA-2023-000225 Acknowledgement Letter Tuesday, September 26, 2023 1:46:44 PM Date:
Once again, thank you so much Sent from my iPad On Sep 26, 2023, at 10:20, Margo Stevens <Margo.Stevens@nrc.gov> wrote:
I did realize you wanted the older one; not knowing if you had the update, I just wanted to check. I will continue to work on the request; as I mentioned, my search task is pending.
- Margo L. Stevens
- fOL'A..'Ana (yst/'Jeam Lead ('Pathfinder Consu{tan ts contractor)
OCIO/fj'E:MS/:f.£.IC
'U.S. :Nuc{ear 'Regu{atory Commission
- My liours: :Monday tfirougfi :Friday, 6:oo.'A:M to 2:30 'P:M ('ET) 0: (301) 415-8148 P~ vu,:te, that I work, v~efy. Jvly hot,u,-y WUlj' not-be, yoi-w wo-v~ hot,u,-y, P~ do-vwtfeel, the,, vteed, t-o-v<3/4pond, ~
of yoi-w wo-v~ houvy, From: Paulf
.... b_)(6_) ________
Sent: Tuesday, September 26, 2023 9:31 AM To: Margo Stevens <Margo.Stevens@nrc.gov>; Old Nuke fb)(5)
Charles Langleyfb)(6)
I Sarah M~o-s-ko'l(~b)"!'!!(6'!""') ____
San Clemente Greenfb)(6) l cathy iwane rb)(6)
I David Lochbaum....
l(b_)(6_) ________ __,
Subject:
[External_Sender] Re: FOIA-2023-000225 Acknowledgement Letter Thank you Margo. This is not the report I was requesting. I am looking for the report dated 1972 related to the seismic study of San Onofre Sent from my iPad On Sep 26, 2023, at 08:09, Margo Stevens <Margo.Steyens@nrc.goy>
wrote:
Good morning, Paul. While I continue to await the outcome of the searches being undertaken by staff here at NRC headquarters and in the region, I wanted to call to your attention that the Revision 1 to the report you're looking for is (now) publicly available in ADAMS as ML16340C228, https: //ada mswebsearch2. nrc.gov /webSearch2/mai n. jsp?
AccessionNumber=ML16340C228. (It had been available on microfiche in the Public Document Room apparently; staff was able to complete a review quickly t o allow us to upload the record to ADAMS.
I wondered whether this revised report would meet your needs, or whether you'd like us to continue to search and see whether we have the original report. Please let me know as soon as you can. Thanks.
- M.argo L Stevens 501.'A..'A.na{yst/'leam Lead (1)atlifinaer Consuftants contractor) 0CI0/(j'E:M.S/fLIC
'U.S. _W*uc{ear Regu[atory Con1mission
- M.y liours: :M.onday tfirougli :Friday, 6:oo.'A.:M. to 2:30 T:M. ('E'I) 0: (301) 415-8148 P~
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From: noreply@ains.com <noreply@ains.com>
Sent: Wednesday, September 20, 2023 6:19 AM To~(b)(6)
I Cc: Margo St evens <Margo.Stevens@nrc.gov>
Subject:
[External_Sender] FOIA-2023-000225 Acknowledgement Letter Good morning Paul.
Acknowledgment letter signed by Lezlie J. Colbert, Acting FOIA Officer. No hard copy t o follow. If you are unable to open the document, please let us know by return email (addressed either to me, or to FOIA.Resource@nrc.gov) or call 301-415-3722.
Please do not reply to noreply@ains.com; this email box does not accept incoming messages. To contact the assigned FOIA Specialist please respond to margo.stevens@nrc.gov. If you are interested in receiving information from the NRC FOIA program, subscribe to our distribution list.
Thank you.
NRC FORM 464 Part I U.S. NUCLEAR REGULATORY COMMISSION FOIA or Reference Number Response Number (03-13-2023)
,,,.fl"~",
I FOIA-2023-000225 11 1
I
/¥o*.
RESPONSE TO FREEDOM OF
~
i
\~ l INFORMATION ACT (FOIA) REQUEST
Response
Interim 0 Final Type Requester:
Date:
!Paul Blanch II 10/04/2023 I
Description of Requested Records:
A copy of the report authored by Basil Wilson, "Estimate of Tsunami Effect at San Onofre Nuclear Generating Station, Units 2 and 3," dated December 1972.
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/readinq-rm/adams.html; (3) microfiche available in the NRC Public Document Room; or the NRC Public Access Link (PAL), at https://foia.nrc-gateway.qov/app/Home.aspx.
[Z] 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 You will be billed by NRC for the amount indicated.
[Z] Since the minimum fee threshold was not met, 11 AMOUNT 11 you will not be charged fees.
You will receive a refund for the amount indicated.
Due to our delayed response, you will not be Fees waived.
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 EQJA.resourc~ncc.gQY. 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 htlP_s://foia.nrc.:.9atewa,y,,go_l/LfillgLl:!om~ru<-
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 oqis@nara.gov, send a fax to (202) 7 41-5789, 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 bttps://www.archives.gov/oqis.
NRC FORM 464 Part I U.S. NUCLEAR REGULATORY COMMISSION FOIA or Reference Number I FOIA-2023-000225 Response Number 11 1
(03-13-2023)
RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST PART I.D -* COMMENTS
Response
Type D Interim I I Final Upon receipt of your request, our office reached out to you to determine whether the revised report, which is publicly available in ADAMS as ML16340C228, would meet your needs. You told us that you were looking for the original report written in 1972. So, we tasked the Office of Nuclear Reactor Regulation (NRR) and Region IV to search for the 1972 report.
NRR staff located a copy of the report included within Volume IV of Southern California Edison's Preliminary Safety Report for San Onofre Nuclear Generating Station [SONGS] Units 2 and 3. A copy of the report is enclosed.
Signature
- Freedom of Information Act Officer or Designee Lezlie J. Colbert Digitally signed by Lezlie J. Colbert Date: 2023.10.04 07:51:47-04'00'
FOIA Request 810646 The following list contains the entire submission submitted August 04, 2023 ll:45:18am ET, and is formatted for ease of viewing and printing.
Contact information First name Last name Mailing Address City State/Province Postal Code Country Phone Fax Company/Organization Email Request Request ID Confirmation ID Request description Supporting documentation Fees Request category ID Fee waiver Willing to pay Expedited processing Expedited Processing Devon Grierson (b)(6) 810646 810086 Any emails to or from Christopher T. Hanson or Kristine L. Svinicki referencing the term "non-human intelligence."
other 110 25 110
From:
To:
Subject:
Date:
Devon Grierson Stephan Ems
[External_Sender] Re: : FOIA-2023-000186 Tuesday, August 15, 2023 10:26:19 AM Good morning Stephan, That is correct, thank you for the clarification.
- Regards, Devon On Mon, Aug 14, 2023, 1:24 PM Stephan Ellis <Stephan.Ellis@nrc.gov> wrote:
Hello Mr. Grierson.
Thank you for speaking to me this morning. As per our conversation you clarified that you would like to receive any emails to or from Christopher T. Hanson or Kristine L. Svinicki referencing the term "non-human intelligence." during their tenure as Chair.
Please acknowledge that this is correct and I'll proceed with working on your request. Thank you and enjoy your day.
- Regards, Stephan M. Ellis FOIA Analyst (Pathfinder Consultants Contractor)
OCJO/GEMSIFLJC U.S. Nuclear Regulatory Commission Mail Stop: TWFN-06A-60M Office Location: TWFN-06-A00 Rockville, Maryland 20555-0001 (301) 415-3655 From: Stephan Ellis Sent: Monday, August 14, 2023 7:37 AM
To: r~b)-(6_) ---------~
Subject:
RE:: FOIA-2023-000186 Good morning Mr. Grierson.
I sent you an acknowledgment letter for your FOIA request however I'd like to speak to you concerning your request. I will not be able to move forward with processing your request until I speak with you. If I do not here from you by Thursday August 17, 2023, I will administratively close your request. Please give me a call at 401-415-3655. Thank you.
- Regards, Stephan M Ellis FOIA Analyst (Pathfinder Consultants Contractor)
OCIOIGEMSIFLIC U.S. Nuclear Regulatory Commission Mail Stop: TWFN-06A-60M Office Location: TWFN-06-A00 Rockville, Ma,yland 20555-0001 (301) 415-3655 From: Stephan Ellis Sent: Friday, August 4, 2023 1:41 PM To: l<5>
I
Subject:
RE: FOIA-2023-000186 Good afternoon Mr. Grierson.
I attempted to call you but no answer. We received your FOIA request and I'd like to speak with you to get clarification before I start
processing your request. Please give me a call at your earliest convenience. My number is below... Thank you.
- Regards, Stephan M. Ellis FOIA Analyst (Pathfinder Consultants Contractor)
OCIOIGEMS/FLIC U.S. Nuclear Regulatory Commission Mail Stop: TWFN-06A-60M Office Location: TWFN-06-A00 Rockville, Maryland 20555-0001 (301) 415-3655
NRC FORM 464 Part I U.S. NUCLEAR REGULATORY COMMISSION FOIA or Reference Number Response Number (03-13-2023)
,,,.fl"~",
I 2023-000186 11 1
I
/¥o*.
RESPONSE TO FREEDOM OF
~
i
\~ l INFORMATION ACT (FOIA) REQUEST
Response
Interim 0 Final Type Requester:
Date:
I Devon Grierson II 08/22/2023 I
Description of Requested Records:
As modified, any emails to or from Christopher T. Hanson or Kristine L. Svinicki referencing the term "non-human intelligence" during their respective tenures as Chair.
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/readinq-rm/adams.html; (3) microfiche available in the NRC Public Document Room; or the NRC Public Access Link (PAL), at https://foia.nrc-gateway.qov/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.
0 See Part I.D -- Comments.
PART I.A -- FEES You will be billed by NRC for the amount indicated.
Since the minimum fee threshold was not met, AMOUNT you will not be charged fees.
I I
You will receive a refund for the amount indicated.
$0.00 Due to our delayed response, you will not be Fees waived.
charged search and/or duplication fees that would otherwise be applicable to your request.
PART I.B --INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE 0
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.
0 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 EQJA.resourc~ncc.gQY. 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 htlP_s://foia.nrc.:.9atewa,y,,go_l/LfillgLl:!om~ru<-
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 oqis@nara.gov, send a fax to (202) 7 41-5789, 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 bttps://www.archives.gov/oqis.
NRC FORM 464 Part I (03-13-2023)
U.S. NUCLEAR REGULATORY COMMISSION FOIA or Reference Number RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST 1
2023-000186 PART I.D -- COMMENTS
Response
Type Response Number 11 1
Interim I I Final Upon receipt of your August 4, 2023 FOIA request we tasked the Office of the Secretary to the Commission (SECY) for responsive records. No records were found.
Signature
- Freedom of Information Act Officer or Designee Lezlie J. Colbert Digitally signed by Lezlie J. Colbert Date: 2023.08.22 12:27:55 -04'00'
From:
To:
Subject:
Date:
Attachments:
- Hello, Mark Bowers FOJA Resoorce
[Extemal_Sender] Maintenance project at Oakland University on August 2nd Monday, July 31, 2023 4:31:42 PM 2023-07-26 OU advisory regarding facility maintenance.pdf This is a request tmder the Freedom of Info1mation Act.
The attached notice was emailed to the community of Oakland University in Rochester, Michigan on July 26, 2023. The notice concerns a "planned maintenance project involving campus research equipment...done in conjunction with local, state and federal agencies." The project involves completely closing down several campus buildings and adjoining roads on August 2nd. The notice advises that "additional measmes, including added building and road closmes" may be necessaiy, and says that "campus community members are directed to stay ale1t for campuswide communications sent on Wednesday." The notice does not share any further info1mation about the nature of this project.
The nature of this project is of legitimate interest for the local community, particularly those who spend time in and around the affected areas on campus. The notice mentioned that federal agencies ai*e involved; is the Nuclear Regulatory Commission among those federal agencies that ai*e involved in the project? If so, please share any documents that would help the public tmderstand exactly what work is being performed, what materials are involved, and what precautions ai*e being taken to safeguai*d the public.
In order to help to dete1mine my status to assess fees (if applicable), you should know that I am a member of the Oakland University community seeking this information for educational, non-commercial use.
Thank you!
Best Regai*ds, Mark Bowers
OAKLAND l NIVERSr.Y.
Note to Requester:
~ttachment to FOIA request email Mark Bowers...
~b_)(_6_) _______ _,
~~Goocl19 -
OU ADVISORY: Buildings, road closure set for planned facility maintenance Campus Communication <oucommunication@oakland.edu>
Rei:1ly-To: oucommunication@oakland.edu To !(b)(6)
II OAKLAND UNIVERSITY.
Campus Communication Wednesday, July 26, 2023 To all OU community members, On Wednesday, August 2, 2023, Oakland University will manage a planned maintenance project involving campus research equipment. This work is being done in conjunction with local, state and federal agencies.
As a result, Hannah Hall, Dodge Hall and the Mathematics and Science Center will be closed starting at 11 p.m. on Tuesday, August 1, 2023, and continuing throughout the day on Wednesday August 2, 2023.
Also, in conjunction with this project, Meadow Brook Road will be closed between the main entrance traffic circle and the P-41 parking lot starting at 11 p.m. on Tuesday, August 1, 2023, and continuing throughout the day on Wednesday, August2, 2023.
All students, faculty and staff should plan to follow a normal school or work schedule in other areas of campus unless directed otherwise by their instructors or supervisors.
The university is prepared to take additional measures, including added building and road closures, to ensure the success of this project in the unlikely event that such measures become necessary. All campus community members are directed to stay alert for campuswide communications sent on Wednesday.
The University appreciates the patience and understanding of campus community members as it strives to continue providing the highest quality teaching, learning and research opportunities possible.
Wed, Jul 26, 2023 at 3:34 PM
Oakland University University Communications and Marketing Anibal House 630 Pioneer Drive Rochester, MI 48309-4482 oucommunication@oakland.edu oakland.edu/ucm f
a
'4ana912 your preferences or 1!12§.~l!~cnbe Not subscnbed? ~gn UP-to receive our future emails.
View this email in a browser
From:
Sent:
To:
Subject:
Hi Mark, Karen Danoff Thu, 2 Nov 2023 14:19:23 +0000 Mark Bowers RE: Re: Status update of the final response to FOIA-2023-000181 The legal review has now been completed, and the final response is with our Acting FOIA Officer for signature. Once it is signed off on, I can email you the final response. I expect this to occur by the end of this week.
- Thanks, Karen From: Karen Danoff <Karen.Danoff@nrc.gov>
Sent: Wednesday, November 1, 2023 4:02 PM To: Mark Bowers !(b)(6)
I Cc: Karen Danoff <Karen.Danoff@nrc.gov>
Subject:
RE: Re: Status update of the final response to FOIA-2023-000181 Hi Mark, The final response has been sent for its second legal review. This process could take a few weeks. If it's approved for release, I can send it to you via email after our Acting FOIA Officer signs off on the response.
- Thanks, Karen From: Karen Danoff Sent: Friday, October 27, 2023 1:51 PM To: Mark Bowersf:.... ~_><_6) _________
Subject:
RE: Re: Status update of the final response to FOIA-2023-000181 Hi Mark, I wanted to send you a quick update on the final response to your FOIA request. I need to continue my consultation on the final response before it returns for a second legal review. I hope to be able to provide you a final response in November.
- Thanks, Karen
From: Mark Bowers.._l<b....
)( __
- 6) ________
Sent: Friday, October 13, 2023 10:14 AM To: Karen Danoff <Karen.Danoff@nrc.gov>
Subject:
[External_Sender] Re: Status update of the final response to FOIA-2023-000181 Hello Karen, Thank you so much! Looking forward to the final response.
Have a great weekend!
Best Regards, Mark Bowers On Wed, Oct 11, 2023 at 5:10 PM Karen Danoff <Karen.Danoff@nrc.gov> wrote:
Hi Mark, The final response is now undergoing its legal review. This process could take a few more weeks, I will continue to keep you posted.
- Thanks, Karen From: Karen Danoff Sent: Wednesday, October 11, 2023 6:35 AM To: 'Mark Bowers'....
l(b.;..;)(_.6) ________
Cc: Karen Danoff <Karen.Danoff@nrc.gov>
Subject:
Status update of the final response to FOIA-2023-000181 Hi Mark, I have now completed processing the final response to your FOIA request. Per our procedure, this response requires NRC legal review. Prior to its legal review, it needs to be approved by our Acting FOIA Officer. I'm waiting for this initial review to be completed. I will let you know when the final response is undergoing its legal review, which I expect to start by the end of this week.
I will keep you posted. Thank you for your patience.
- Thanks, Karen
From: Karen Danoff Sent: Monday, September 11, 2023 4:22 PM To: Mark Bowers l_(b_)(6_) ________
Subject:
RE: Re: FOIA-2023-000181 - 1st interim response Hi Mark, Thank you for confirming that you received the first interim response.
I will soon be sending the records out for consultation (per our process). Per NRC's FOIA regulations (10 CFR 9.28), we provide external parties 30 calendar days to respond with any objections. The remaining records in the final response are a 2-page document that I need to consult with an individual at Oakland University, and an 8-page document that I need to consult with the State of California, Department of Public Health.
Depending on the responses from the consultations, NRC's Office of General Counsel (OGC's) needs to perform their legal review prior to our Acting FOIA Officer signing off on the response.
That review process itself can take a few weeks or longer, depending on how our OGC attorneys respond.
I can let you know when I have sent the consultations out and am waiting for a response from them.
- Thanks, Karen Karen Danoff Government Information Specialist, FOIA Team Governance & Enterprise Management Services Division Office of the Chief Information Officer US Nuclear Regulatory Commission Rockville, MD 20852 301-415-5072 Karen.Danoff@nrc.gov From: Mark Bowers "-l(b"""')(.....
- 6) ________
Sent: Monday, September 11, 2023 4:02 PM To: Karen Danoff <Karen.Danoff@nrc.gov>
Subject:
[External_Sender] Re: FOIA-2023-000181 - 1st interim response Hello Karen, I have successfully received the interim response via the noreply@ains.com address. Thank you so much! This sheds a lot of light on the situation.
I am looking forward to seeing the rest of the records when they become available. It sounds like you are waiting on a response from the document authors to release the rest of the records. I assume this is for documents authored by staff at Oakland University, is that right?
Best Regards, Mark Bowers On Mon, Sep 11, 2023 at 7:48 AM Karen Danoff <Karen.Danoff@nrc.gov> wrote:
Hi Mark, I sent you our 1st interim response for FOIA-2023-000181 through our system a few minutes ago, the "sender" email address is noreply@ains.com. Please let me know if you have received it. If not, I will send it through my NRC email address.
- Thanks, Karen From: Karen Danoff Sent: Thursday, September 7, 2023 3:59 PM To: Mark Bowers l(b)(6) _________ __.
Subject:
RE: Re: Status update to your FOIA request to the NRC, FOIA-2023-000181 Hi Mark, I have now sent the 1st interim response to your FOIA request, FOIA-2023-000181 to our Acting FOIA Officer for their review. Once they sign, I can send it to you via email.
- Thanks, Karen From: Karen Danoff Sent: Thursday, September 7, 2023 8:08 AM To: Mark Bowers L..l(b..;..;)(6....;.) ________
Subject:
RE: Re: Status update to your FOIA request to the NRC, FOIA-2023-000181 Hi Mark, Yes, we can do that. I will begin go to work on your first interim response today.
All of our agency's FOIA responses require our Acting FOIA Officer's signature before they can be sent to the requester. I will inform you when the first interim response is with our Acting FOIA Officer for review and signature.
Karen From: Mark Bowers ~l(b_)(_6) ________
~
Sent: Thursday, September 7, 2023 8:01 AM To: Karen Danoff <Karen.Danoff@nrc.gov>
Subject:
[External_Sender] Re: Status update to your FOIA request to the NRC, FOIA-2023-000181 Hello Karen, Thank you so much for your prompt reply!
If it isn't too much trouble, could I receive the interim response next week, and then later still receive the final response whenever that is available?
Best Regards, Mark Bowers On Thu, Sep 7, 2023 at 7:51 AM Karen Danoff <Karen.Danoff@nrc.gov> wrote:
Hi Mark, Thank you for reaching out. I have now received the responsive records, but some may take about another month to process due to consulting with the content authors (external to NRC).
Are you interested in interim responses, or do you want to wait until all records are processed for a single final response? The second option would take longer. If you are interested in an interim response, we could get that to you by next week.
- Thanks, Karen Karen Danoff Government Information Specialist, FOIA Team Governance & Enterprise Management Services Division Office of the Chief Information Officer US Nuclear Regulatory Commission Rockville, MD 20852 301-415-5072 Karen.Danoff@nrc.gov From: Mark Bowers.__l(b....
)( __
- 6) ________
~
Sent: Thursday, September 7, 2023 7:44 AM
To: Karen Danoff <Karen.Danoff@nrc.gov>
Subject:
[External_Sender] Re: Re: Clarification questions for your FOIA request to the NRC: FOIA-2023-000181 Hello Karen, It has been a few weeks, and I wanted to reach out and check-in on the status of this request.
Thanks!
Best Regards, Mark Bowers On Mon, Aug 14, 2023 at 9:09 AM Karen Danoff <Karen.Danoff@nrc.gov> wrote:
Good Morning, Mark, Thank you for your clarification. I will provide you the next steps of your request when I receive responses from the staff, which could take 1-2 weeks.
- Thanks, Karen Karen Danoff Government Information Specialist, FOIA Team Governance & Enterprise Management Services Division Office of the Chief Information Officer US Nuclear Regulatory Commission Rockville, MD 20852 301-415-5072 Karen.Danoff@nrc.gov From: Mark Bowers l(b)(6)
Sent: Wednesday, August 9, 2023 8:09 PM To: Karen Danoff <Karen.Danoff@nrc.gov>
Subject:
[External_Sender] Re: Clarification questions for your FOIA request to the NRC: FOIA-2023-000181 Hello Karen,
- 1. We are looking for any documents related to a project that took place at Oakland University in Rochester, Ml on August 2, 2023. In terms of a date range, if you could please search within the time period of January 1, 2019 to August 9, 2023 for any documents relating to this request.
- 2. We are interested both in documents that are written by the NRC and submitted to the NRC.
Please reach out to me if you have any other questions about this request. Thanks again for your help!
- )
Best Regards, Mark Bowers On Wed, Aug 9, 2023 at 5:20 PM Karen Danoff <Karen.Danoff@nrc.gov> wrote:
Good Afternoon, We need some clarification on your FOIA request to move forward. Please provide your response back to me no later then your COB, Friday, August 18th.
- 1. What are the date range of the records you are seeking?
- 2. Are you interested in records only written by the NRC, only submitted to the NRC, or both? Please clarify.
- Thanks, Karen Karen Danoff Government Information Specialist, FOIA Team Governance & Enterprise Management Services Division Office of the Chief Information Officer US Nuclear Regulatory Commission Rockville, MD 20852 301-415-5072 Karen.Danoff@nrc.gov From: noreply@ains.com <noreply@ains.com>
Sent: Wednesday, August 2, 2023 12:40 PM To: l(b)(6)
I Cc: Karen Danoff <Karen.Danoff@nrc.gov>
Subject:
[External_Sender] FOIA-2023-000181 Acknowledgement Letter Good Afternoon, Acknowledgment letter signed by Lezlie J. Colbert, Acting FOIA Officer. No hard copy to follow. If you are unable to open the docwnent, please let us know by return email (addressed
either to me, or to FOIA.Resource@mc.gov) or call 301-415-3722.
Please do not reply to noreply@ains.com; this email box does not accept incoming messages. To contact the assigned FOIA Specialist please respond to karen.danoff@nrc.gov.
If you are interested in receiving information from the NRC FOIA program, subscribe to our distribution list.
Thank you, Karen Danoff
NRC FORM 464 Part I U.S. NUCLEAR REGULATORY COMMISSION FOIA or Reference Number Response Number (03-13-2023} / ¥<_.,....... "....
I FOIA-2023-000181 11 2
I RESPONSE TO FREEDOM OF
~
~
. INFORMATION ACT (FOIA) REQUEST
\
I
Response
Interim
[Z] Final
~'>
+(f-Type Requester:
Date:
I Mark Bowers 11 11/02/2023 I
Description of Requested Records:
Documents written both to, and from, the NRC from 1/1/2019 to 8/9/2023 that would help the public understand what work was performed, what materials were involved, and what precautions were being taken to safeguard the public at Oakland University during a project that took place on campus on August 2, 2023.
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.
0 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.
0 See Part I.D -- Comments.
PART I.A -- FEES You will be billed by NRC for the amount indicated.
0 Since the minimum fee threshold was not met, AMOUNT you will not be charged fees.
I I
You will receive a refund for the amount indicated.
$0.00 Due to our delayed response, you will not be Fees waived.
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.
0 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.
0 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 EQJA.resourc~ncc.gQY. 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 htlP_s://foia.nrc.:.9atewa,y,,go_l/LfillgLl:!om~ru<-
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) 7 41-5789, 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 bttps:{lwww.archives.gov/ogis.
NRC FORM 464 Part I U.S. NUCLEAR REGULATORY COMMISSION FOIA or Reference Number Response Number 11 2
(03-13-2023}
RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST I FOIA-2023-000181 PART I.D -- COMMENTS
Response
Type D Interim
[ I Final The NRC issued you the first interim response to your FOIA request, received by the NRC on August 1, 2023, on September 11, 2023.
Enclosed is the final response (10 pages).
Signature
- Freedom of Information Act Officer or Designee Lezlie J. Colbert Digitally signed by Lezlie J. Colbert Date: 2023.11.02 11 :20:02 -04'00'
NRC FORM 464 Part II (08-23-2022)
(.)
U.S. NUCLEAR REGULATORY COMMISSION FOIA or Reference Number RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST PART II.A --APPLICABLE EXEMPTIONS FOIA-2023-000181 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.
D Exemption 1: The withheld information is properly classified pursuant to an Executive Order protecting national security information.
D Exemption 2: The withheld information relates solely to the internal personnel rules and practices of NRC.
D Exemption 3: The withheld information is specifically exempted from public disclosure by the statute indicated.
D 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).
D 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.
D Other:
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 ).
D The information is considered to be another type of confidential business (proprietary) information.
D The information was submitted by a foreign source and received in confidence pursuant to 10 CFR 2.390(d)(2).
D Exemption 5: The withheld information consists of interagency or intraagency records that are normally privileged in civil litigation.
D Deliberative process privilege.
D Attorney work product privilege.
D 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.
[Z] Exemption 7: The withheld information consists of records compiled for law enforcement purposes and is being withheld for the reason(s) indicated.
D (A) Disclosure could reasonably be expected to interfere with an open enforcement proceeding.
D (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.
[ZJ (F) Disclosure could reasonably be expected to endanger the life or physical safety of any individual.
D Other:
I I
I PART 11.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.
AP PELLA TE OFFICIAL DENYING OFFICIAL TITLE/OFFICE INFORMATION DENIED EDO SECY OIG Lezlie Colbert (acting) I FOIA Officer I
Secure licensee information 0
I Select Title/Office from drop-down list I
I I
Select Title/Office from drop-down list I
I I
Select Title/Office from drop-down list I
I NRC Form 464 Part II (08-23-2023)
Request Description
Dear FOJA Oflicer,
Pursuant to the Freedom oflnformation Act, 5 U.S.C. § 552, and the implementing FOIA regulations oflhe agency, l respectfully request the following from 2021 to the present: All emails to/from/bee Christopher T. Hanson chairman@nrc.gov mentioning, "on the background", "off the record", off-the-record", "on background", "deep background", "compliance", "confidential",
"investigation", " LTMDJS", "not for attribution", "non-attribution", "not attributed", "embargoed", or "policy drafl". All calendar entries and internal Microsoft Teams or Lyne messages from Christopher T. Hanson mentioning "on the background", "off the record",
- 'off-the-record", "on back!,'TOund", "deep background", compliance", "confidential", "complaint", "investigation", "classified",
" LTMDIS" "not for attribution" "non-attribution" "Dot attributed" '*source" "anonymity" "anonymous" "sensitive" "counsel" "embargo": "embargoed", or "p~licy draft". To fu;lher narrow dow~ the scop~ of the reque~t, reques.ler do~s not seek dorrespond~nce that merely forwards press clippings, such as uews accounts or opinion pieces, newsletters, and published or docketed materials, if that correspondence has no comment or no substantive comment added by any party in the thread.The terms "pertaining to," "referring,"
"relating," or "concerning" with respect to any given subject means anything that constitutes, contains, embodies, reflects, identifies, states, refers to, deals with, or is in any manner whatsoever pertinent to that subject.The term "record" means any written, recorded, or graphic matter of any nature whatsoever, regardless of how recorded, and whether original or copy, iocluding, but not limited to, the following: memoranda, reports, expense reports. books, manuals. instructions, financial reports, working papers, records, notes, letters, notices, confirmations, telegrams, receipts, appraisals, pamphlets, magazines, newspapers, prospectuses. inter-office and intra-office communications, electTonic mail (emails), MMS or SMS text messages, instant messages, messaging systems (such as iMessage, Microsot1 Teams, WhatsApp, Telegram, Signal, Google Chat, Twitter direct messages, Lyne, Slack, and Facebook Messenger), contracts, cables, telexes, notations of any type of conversation, telephone call, voicemail, meeting or other communication. Please comply fully with 5 U.S.C. § 552(b ). To further narrow down the scope of the request, the requester does not seek correspondence that merely forwards press clippings, such as news accounts or opinion pieces, newsletters, and published or docketed materials, if that correspondence has no comment or no substantive comment added by any party in the thread. Accordingly, without limitation to the foregoing, if any portion of this request is denied for any reason, please provide written notice of the records or portions of records that are being withheld and cite each specific exemption of the Freedom of Information Act on which the agency relies. Moreover, 10 the extent that responsive records may be withheld in part produce all reasonably segregable portions of those records. Additionally, please provide all responsive documents even if they are redacted in full. This request is primarily and ftmdamentally for non-commercial purposes. As a 501c3 nonprofit, Heritage Foundation does not have a commercial purpose and the release of the information requested is not in Heritage Foundation's commercial interest. The Heritage Foundation's mission is to fonnulate and promote public policies based on the principles of fi-ee enterprise, limited govemment, individual freedom, traditional American values, and a strong national defense. Heritage Foundation uses the information requested and analyzes it in order to educate the public through social media, broadcast media (traditional and nontraditional) and press releases. The requested information is in the pub! ic interest because there trust in government is at historic lows, aod the American people deserve transparency. Because this is a request by a member of the news media for information of public interest, made in my capacity as an author for The Daily Signal (a major news outlet ), I actively gather information of potential interest to our Daily Signal audience, and I use my editorial skills to turn raw materials into a distinct work, and I distribute that work to our Daily Signal audience througb podcasts or articles. I request that you waive all applicable fees associated with this request. If you deny this request for a fee waiver, please advise me in advance of the estimated charges if they are to exceed $50. Please send me a detailed and itemized explanation of those charges. If you have any questions, or feel you need clarification of this request please contact me at noreplyoversight@heritage.org.
Note to Requester: the clarification email chain
~or this request can be found with the FOIA-2023-000172 documents. It applies to FOIA-2023-000172, FOIA-2023-000174, FOIA-2023-000175, and FOIA-2023-000178.
NRC FORM 464 Part I U.S. NUCLEAR REGULATORY COMMISSION FOIA or Reference Number Response Number (03-13-2023)
,,,.fl"~",
I FOIA-2023-000178 11 1
I
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RESPONSE TO FREEDOM OF
~
i
\~ l INFORMATION ACT (FOIA) REQUEST
Response
Interim 0 Final Type Requester:
Date:
!Mike Howell & Roman Jankowski, Heritage Foundation I I 10/31/2023 I
Description of Requested Records:
As modified, all emails from Chair Hanson mentioning any of the following terms: "on the background",
"off the record", "on background, or "deep background" from January 1, 2021 - July 19, 2023 (the date the NRC received the request), excluding emails that merely forward press clippings or other published material.
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/readinq-rm/adams.html; (3) microfiche available in the NRC Public Document Room; or the NRC Public Access Link (PAL), at https://foia.nrc-gateway.qov/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.
0 See Part I.D -- Comments.
PART I.A -- FEES You will be billed by NRC for the amount indicated.
0 Since the minimum fee threshold was not met, 11 AMOUNT 11 you will not be charged fees.
You will receive a refund for the amount indicated.
Due to our delayed response, you will not be Fees waived.
charged search and/or duplication fees that would otherwise be applicable to your request.
PART I.B --INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE 0
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.
0 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 EQJA.resourc~ncc.gQY. 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 htlP_s://foia.nrc.:.9atewa,y,,go_l/LfillgLl:!om~ru<-
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 oqis@nara.gov, send a fax to (202) 7 41-5789, 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 bttps://www.archives.gov/oqis.
NRC FORM 464 Part I U.S. NUCLEAR REGULATORY COMMISSION FOIA or Reference Number I FOIA-2023-000178 Response Number 11 1
(03-13-2023)
RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST PART I.D -* COMMENTS
Response
Type D Interim I I Final Upon receipt of your original request, we reached out to you to seek some clarification and narrowing of the scope of records that would be responsive to your request. You did narrow your request, and based upon that narrowed request, we tasked the Office of the Secretary to the Commission (SECY) to search for any responsive emails. SECY staff informs us that they did not locate any responsive emails from Chair Hanson.
Signature
- Freedom of Information Act Officer or Designee Lezlie J. Colbert Digitally signed by Lezlie J. Colbert Date: 2023.10.31 10:56:24 -04'00'
Request Description
Dear FOJA Oflicer,
Pursuant to the Freedom oflnformation Act, 5 U.S.C. § 552, and the implementing FOIA regulations oflhe agency, l respectfully request the following from 2021 to the present: All emails to/from/bee Robert J. Feitel mentioning, "on the background", "off the record", "off-the-record", "on background", "deep background", "compliance", "confidential", "complaint", " investigation",
"classified", ".LJMDIS", "not for attribution", "non-attribution", "not attributed", "source", "anonymity", "anonymous", "sensitive",
"counsel", "embargo", "embargoed", "policy draft", "talking points", "pre-read", "briefing sheet", "sitrep", "memorandum draft", or
memorandum". All calendar entries and internal Microsoft Teams or Lyne messages from Robert J. Feitel mentioning "on the background" "off the record" "off-the-record" "on background" "deep background" "compliance" "confidential" "complaint" "investigatio~", "classified",,;LIMDIS", "not f;r attribution", "n~n-attribution", "not ~ttributed", "so:1rce", "anonymity", ;,anony~ous",
"sensitive", "counsel", "embargo", "embargoed", "policy draft", "talking points", "pre-read", "briefing sheet", "sitrep", "memorandum drafi", "memorandum", "Republican", "Democrat" or "nominee". To further na1Tow down the scope of the request, requester does not seek correspondence that merely forwards press clippings, such as news accounts or opinion pieces, newsletters, and published or docketed materials, if that correspondence has no comment or no substantive comment added by any party in the thread.The tem1s "pertaining to,"
"referring," "relating," or "concerning" with respect to any given subject means anything that constitutes, contaio.s, embodies, reflects, identifies, states, refers to, deals with, or is in any manner whatsoever pertinent to that subject. The term "record" means any written, recorded, or graphic matter of any nature whatsoever, regardless of how recorded, and whether original or copy, including, but not limited to, the following: memoranda, reports, expense reports, books, manuals, iJ1structions, financial reports, working papers, records, notes, letters, notices, confirmations, telegrams, receipts, appraisals, pamphlets, magazines, newspapers, prospectuses, inter-office and intra-office communications, electronic mail (emails), MMS or SMS text messages, instant messages, messaging systems (such as iMessage, Microsoft Teams, WhatsApp, Telegram, Signal, Google Chat, Twitter direct messages, Lyne, Slack, and Facebook Messenger),
contracts, cables, telexes, notations of any rype of conversation, telephone call, voicemail, meeting or other communication. Please comply fully with 5 U.S.C. § 552(b). To further narrow down the scope of the request, the requester does not seek correspondence that merely forwards press clippings, such as news accounts or opinion pieces, oewsletters, and published or docketed materials, if that correspondence has no comment or no substantive comment added by any party in the thread. Accordingly, without limitation to the foregoing, if any portion of this request is denie-d for any reason, please provide written notice of the records or portions ofrecords that are being withheld and cite each specific exemption of the Freedom of Information Act on which the agency relies. Moreover, to the extent that responsive records may be withheld in part produce all reasonably segregable portions of those records. Additionally, please provide all responsive documents even if they are redacted in full. This request is primarily and fundamentally for non-conm1ercial purposes. As a 50lc3 nonprofit, Heritage Foundation does not have a commercial purpose and the release of the information requested is not io Heritage Fouodation's commercial interest. The Heritage Foundation's mission is to formulate and promote public policies based on the principles of free enterprise, limited government, individual freedom, traditional American values, and a strong national defense. Heritage Foundation uses the information requested and analyzes it in order to educate the public through social media, broadcast media (traditional and nontraditional) and press releases. The requested information is in the public interest because there trust in government is at historic lows, and the American people deserve transparency. Because this is a re.quest by a member of the news media for infommtion of public interest, made in my capacity as an author for The Daily Signal (a major news outlet), l actively gather iofonuatioo ofpoteotial interest to our Daily Signal audience, and I use my editorial skills to turn raw materials into a distinct work, and I distribute that work to our Daily Signal audience through podcasts or articles. I request that you waive all applicable fees associated with this request. If you deny this request for a fee waiver, please advise me in advance of the estimated charges if they are to exceed $50. Please send me a detailed and itemized explanation of those charges. If you have any questions, or feel you need clarification of this request please contact me at noreplyoversight@heritage.org.
From:
To:
Subject:
Date:
Yes Roman Jankowski Jankowski Roman Margo Stevens
[External_Sender] Re: Heritage FOIA requests Monday, July 31, 2023 12:51:08 PM Senior /nvestigotive Counsel, Oversight Project, Government Relotions The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 Kb)(6)
I heritage.org From: Margo Stevens <Margo.Stevens@nrc.gov>
Sent: Monday, July 31, 2023 12:50:05 PM To: Jankowski, Roman ~
.... b_)(6_l __________
Subject:
RE: RE: Heritage FOIA requests AND includes emails. And t he start date is January 1 2021, yes?
From: Jankowski, Roman ~Kb_)(_6) ___________ ~
Sent: Monday, July 31, 2023 12:46 PM To: Margo Stevens <Margo.Stevens@nrc.gov>
Subject:
[External_Sender] RE: Heritage FOIA requests Yes, t his narrowing applies to each of t he Heritage requests.
Roman Jankowski Senior Investigative Counsel, Oversight Project, Government Relations The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 kbl(6\
heritage.org From: Margo Stevens <Martrn,Steyens@nrc.gov>
Sent: Monday, July 31, 2023 5:38 AM To: Jankowski, Roman f"'"b.,..,)(6=)------------,
Subject:
RE: Heritage FOIA requests Importance: High Note to requester: this email chain applies to FOIA-2023-000172, FOIA-2023-00017 4, FOIA-2023-000175, FOIA-2023-000176, and Thank you, Roman, for our conversation on Friday, as well as your follow-up email.
Just to clarify-this narrowing applies to each of t he Heritage requests, including the most recent one (FOIA-2023-000178) that was submitted after our conversation, seeking records relating to Chair Christopher Hanson, is seeking emails as well as calendar entries, and int ernal Microsoft Teams or Lyne messages, and for all requests, the t ime frame begins with January 1, 2021.
If I can receive a confirmatory email this morning, I will be able to move forward on each of them.
From: Jankowski, Romar¥L..~_)(_6) ___________ _,
Sent: Friday, July 28, 2023 4:09 PM To: Margo Stevens <Margo.Stevens@nrc.gov>
Subject:
[External_Sender] Heritage FOIA requests Concur, lets narrow down t he scope to: From [Custodian] regarding the following terms "on the background", "off the record", "off-the-record", "on background", "deep background", "not for attribution", "non-attribution", "not attributed",
All calendar entries and internal Microsoft Teams or Lyne messages from mentioning "on the background", "off the record", "off-the-record", "on background", "deep background",
"LIMDIS", "Republican", "Democrat" or "nominee".
Roman Jankowski Senior lnvestigotive Counsel, Oversight Project, Government Relotions The Heritage Foundation 214 Massachusetts Avenue, NE Washington. DC 20002
~b)(6)
I heritage.erg
NRC FORM 464 Part I (OIG)
U.S. NUCLEAR REGULATORY COMMISSION FOIA or Reference Number Response Number (01-26-2023)
~-IUQV'--f I FOIA-2023-000176 11 1
I
.. ~~\
RESPONSE TO FREEDOM OF i
INFORMATION ACT (FOIA) REQUEST
Response
0 c:.
Interim Final d'..
Type Requester:
Date:
!Mike Howell and Roman Jankowski, The Heritage Foundation I I I
Description of Requested Records:
As narrowed, [1] all email messages sent by Robert Feitel and [2] his calendar entries and internal Microsoft Teams or Lyne messages, from 01/01/2021 to the present, mentioning specified words or phrases as set forth on the next page (under Comments)
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.
0 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.
0 See Part I.D -- Comments.
PART I.A -- FEES 0
Since the minimum fee threshold was not 11 AMOUNT 11 You will be billed by NRC for the amount indicated.
met, you will not be charged fees.
You will receive a refund for the amount indicated.
Due to our delayed response, you will not be Fees waived.
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.
0 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.
0 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.go:x_. 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 hl!Qs;LlfQia.on;;-gat~way.govlaR.Ql!:::lom~-ai;rn~-
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 e-mail OGIS at ogis@oara.goll, 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.
NRC FORM 464 Part I (OIG)
(01-26-2023)
U.S. NUCLEAR REGULATORY COMMISSION FOIA or Reference Number RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST I FOIA-2023-000176 PART I.D -- COMMENTS
Response
Type D Interim Response Number 11 1
lvl Final Given the initial breadth of your request, the FOIA Office reached out to you to seek your agreement to narrow the scope of your request. You agreed to do so. Your request now seeks only emails sent by Inspector General Robert Feitel, or his calendar entries and Microsoft Teams or Lyne messages, from the time period January 1, 2021 to present, that include any of the following words or phrases: "background," "not for attribution," "non-attribution," "not attributed," "deep background","
"LIMDIS," "Republican," "Democrat," or "nominee". You also excluded any correspondence that merely forwards press clippings, such as news accounts or opinion pieces, newsletters, and published or docketed materials, if that correspondence has no comment or no substantive comment added by any party in the thread.
Based upon that narrowing of your request, our office identified the enclosed pages. Please refer to Part II for the exemptions claimed.
Signature
- Assistant Inspector General for Investigations or Designee Malian A. Bartley Digitally signed by Malion A. Bartley Date: 2023.08.10 09:47:12 -04'00'
NRC FORM 464 Part II (OIG)
U.S. NUCLEAR REGULATORY COMMISSION FOIA or Reference Number (12-12-2022)
RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST FOIA-2023-000176 PART II.A -- APPLICABLE EXEMPTIONS 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.
D Exemption 1: The withheld information is properly classified pursuant to an Executive Order protecting national security information.
D Exemption 2: The withheld information relates solely to the internal personnel rules and practices of NRG.
D Exemption 3: The withheld information is specifically exempted from public disclosure by the statute indicated.
D Sections 141-145 of the Atomic Energy Act, which prohibits the disclosure of Restricted Data or Formerly Restricted Data (42 U.S.G. 2161-2165).
D Section 147 of the Atomic Energy Act, which prohibits the disclosure of Unclassified Safeguards Information (42 U.S.G. 2167).
41 U.S.G. 4702(b), which prohibits the disclosure of contractor proposals, except when incorporated into the contract between the agency and the submitter of the proposal.
D Other:
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 GFR 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 GFR 2.390(d)(2).
D Exemption 5: The withheld information consists of interagency or intraagency records that are normally privileged in civil litigation.
D Deliberative process privilege.
D Attorney work product privilege.
D 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.
D Exemption 7: The withheld information consists of records compiled for law enforcement purposes and is being withheld for the reason(s) indicated.
D (A) Disclosure could reasonably be expected to interfere with an open enforcement proceeding.
D (C) Disclosure could reasonably be expected to constitute an unwarranted invasion of personal privacy.
D (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 an individual.
D Other An attached PowerPoint slide presentation attached to the first email is a nonresponsive record PART 11.B -- DENYING OFFICIAL In accordance with 10 CFR 9.25(g)(1) of the U.S. Nuclear Regulatory Commission regulations, the official listed below has made the determination to withhold certain information, described below, responsive to your request.
DENYING OFFICIAL Malion Bartley TITLE/OFFICE Assistant Inspector General for Investigations NRG Form 464 Part II (OIG) (12-12-2022)
INFORMATION DENIED APPELLATE OFFICIAL investigation-related matters;names and Inspector General Page1 of1
Request Description
Dear FOJA Oflicer,
Pursuant to the Freedom oflnformation Act, 5 U.S.C. § 552, and the implementing FOIA regulations oflhe agency, l respectfully request the following from 2021 to the present: All emails to/from/bee Bradley R. Crowell brcrowell@nrc.gov mentioning, "on the background", "off the record", off-the-record", "on background", "deep background", "compliance", "confidential", "complaint",
"investigation", "classified", "LJMDIS", "not for attribution", "non-attribution", "not attributed", "source", "anonymity", "anonymous",
"sensitive", "counsel", "embargo", "embargoed", "policy draft", "talking points", "pre-read", "briefing sheet", "sitrep", "memorandum drnft", or "memorandum". All calendar entries and internal Microsoft Teams or Lyne messages from Bradley R. Crowell mentioning on the backgrouDd", "off the record", "off-the-record", "on background", "deep background", "compliance", "confidential", "complaint",
"investigation", "classified", "LIMDIS", "not for attribution", "non-attribution", "not attributed", "source", "anonymity", "anonymous",
"sensitive", "counsel", "embargo", "embargoed", "policy draft", "talking points", "pre-read", "briefing sheet", "sitrep", "memorandum drafi", "memorandum", "Republican", "Democrat" or "nominee". To further na1Tow down the scope of the request, requester does not seek correspondence that merely forwards press clippings, such as news accounts or opinion pieces, newsletters, and published or docketed materials, if that correspondence has no comment or no substantive comment added by any party in the thread.The tem1s "pertaining to,"
"referring," "relating," or "concerning" with respect to any given subject means anything that constitutes, contaio.s, embodies, reflects, identifies, states, refers to, deals with, or is in any manner whatsoever pertinent to that subject. The term "record" means any written, recorded, or graphic matter of any nature whatsoever, regardless of how recorded, and whether original or copy, including, but not limited to, the following: memoranda, reports, expense reports, books, manuals, iJ1structions, financial reports, working papers, records, notes, letters, notices, confirmations, telegrams, receipts, appraisals, pamphlets, magazines, newspapers, prospectuses, inter-office and intra-office communications, electronic mail (emails), MMS or SMS text messages, instant messages, messaging systems (such as iMessage, Microsoft Teams, WhatsApp, Telegram, Signal, Google Chat, Twitter direct messages, Lyne, Slack, and Facebook Messenger),
contracts, cables, telexes, notations of any rype of conversation, telephone call, voicemail, meeting or other communication. Please comply fully with 5 U.S.C. § 552(b). To further narrow down the scope of the request, the requester does not seek correspondence that merely forwards press clippings, such as news accounts or opinion pieces, newsletters, and published or docketed materials, if that correspondence has no comment or no substantive comment added by any party in the thread. Accordingly, without limitation to the foregoing, if any portion of this request is denie-d for any reason, please provide written notice of the records or portions ofrecords that are being withheld and cite each specific exemption of the Freedom of Information Act on which the agency relies. Moreover, to the extent that responsive records may be withheld in part produce all reasonably segregable portions of those records. Additionally, please provide all responsive documents even if they are redacted in full. This request is primarily and fundamentally for non-conm1ercial purposes. As a 50lc3 nonprofit, Heritage Foundation does not have a commercial purpose and the release of the information requested is not io Heritage Foundation's commercial interest. The Heritage Foundation's mission is to formulate and promote public policies based on the principles of free enterprise, limited government, individual freedom, traditional American values, and a strong national defense. Heritage Foundation uses the information requested and analyzes it in order to educate the public through social media, broadcast media (traditional and nontraditional) and press releases. The requested information is in the public interest because there trust in government is at historic lows, and the American people deserve transparency. Because this is a re.quest by a member of the news media for infommtion of public interest, made in my capacity as an author for The Daily Signal (a major news outlet), l actively gather ioformatioo of potential interest to our Daily Signal audience, and I use my editorial skills to tum raw materials into a distinct work, and l distribute that work to our Daily Signal audience through podcasts or articles. I request that you waive all applicable fees associated with this request. If you deny this request for a fee waiver, please advise me in advance of the estimated charges if they are to exceed $50. Please send me a detailed and itemized explanation of those charges. If you have any questions, or feel you need clarification of this request please contact me at noreplyoversight@heritage.org.
Note to Requester: the clarification email chain for this equest can be found with the FOIA-2023-000172
~ocuments. It applies to FOIA-2023-000172, FOIA-2023-00017 4, FOIA-2023-000175, and FOIA-2023-000178.
~ separate clarification chain that applies to the above plus FOIA-2023-000176 can be found under FOIA-2023-000176.
NRC FORM 464 Part I U.S. NUCLEAR REGULATORY COMMISSION FOIA or Reference Number Response Number (03-13-2023)
,,,.fl"~",
I FOIA-2023-000175 11 1
I
/¥o*.
RESPONSE TO FREEDOM OF
~
i
\~ l INFORMATION ACT (FOIA) REQUEST
Response
Interim 0 Final Type Requester:
Date:
!Mike Howell & Roman Jankowski, Heritage Foundation I I 12/18/2023 I
Description of Requested Records:
As modified, all emails from Commissioner Crowell mentioning any of the following terms: "on the background",
"off the record", "on background, or "deep background" from January 1, 2021 - July 19, 2023 (the date the NRC received the request), excluding emails that merely forward press clippings or other published material.
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/readinq-rm/adams.html; (3) microfiche available in the NRC Public Document Room; or the NRC Public Access Link (PAL), at https://foia.nrc-gateway.qov/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.
0 See Part I.D -- Comments.
PART I.A -- FEES You will be billed by NRC for the amount indicated.
0 Since the minimum fee threshold was not met, 11 AMOUNT 11 you will not be charged fees.
You will receive a refund for the amount indicated.
Due to our delayed response, you will not be Fees waived.
charged search and/or duplication fees that would otherwise be applicable to your request.
PART I.B --INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE 0
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.
0 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 EQJA.resourc~ncc.gQY. 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 htlP_s://foia.nrc.:.9atewa,y,,go_l/LfillgLl:!om~ru<-
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 oqis@nara.gov, send a fax to (202) 7 41-5789, 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 bttps://www.archives.gov/oqis.
NRC FORM 464 Part I U.S. NUCLEAR REGULATORY COMMISSION FOIA or Reference Number I FOIA-2023-000175 Response Number 11 1
(03-13-2023)
RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST PART I.D -* COMMENTS
Response
Type D Interim I I Final Upon receipt of your original request, we reached out to you to seek some clarification and narrowing of the scope of records that would be responsive to your request. You did narrow your request, and based upon that narrowed request, we tasked the Office of the Secretary to the Commission (SECY) to search for any responsive emails. SECY staff informs us that they did not locate any responsive emails from Commissioner Crowell.
Signature
- Freedom of Information Act Officer or Designee Lezlie J. Colbert Digitally signed by Lezlie J. Colbert Date: 2023.12.18 14:00:49 -05'00'
Request Description
Dear FOJA Oflicer,
Pursuant to the Freedom oflnformation Act, 5 U.S.C. § 552, and the implementing FOIA regulations oflhe agency, l respectfully request the following from 2021 to the present: All emails to/from/bee Annie Caputo mentioning, "on the background", "off the record", "off-the-record", "on background", "deep background", "compliance", "confidential", "complaint, " investigation",
"classified", ".LJMDIS", "not for attribution", "non-attribution", "not attributed", "source", "anonymity", "anonymous", "sensitive",
"counsel", "embargo", "embargoed", "policy draft", "talking points", "pre-read", "briefing sheet", "sitrep", "memorandum draft", or
memorandum". All calendar entries and internal Microsoft Teams or Lyne messages from Annie Caputo mentioning "on the background" "off the record" "off-the-record" "on background" "deep background" "compliance" "confidential" "complaint" "investigatio~", "classified",,;LIMDIS", "not f;r attribution", "n~n-attribution", "not ~ttributed", "so:1rce", "anonymity", ;,anony~ous",
"sensitive", "counsel", "embargo", "embargoed", "policy draft", "talking points", "pre-read", "briefing sheet", "sitrep", "memorandum drafi", "memorandum", "Republican", "Democrat" or "nominee". To further na1Tow down the scope of the request, requester does not seek correspondence that merely forwards press clippings, such as news accounts or opinion pieces, newsletters, and published or docketed materials, if that correspondence has no comment or no substantive comment added by any party in the thread.The tem1s "pertaining to,"
"referring," "relating," or "concerning" with respect to any given subject means anything that constitutes, contaio.s, embodies, reflects, identifies, states, refers to, deals with, or is in any manner whatsoever pertinent to that subject. The term "record" means any written, recorded, or graphic matter of any nature whatsoever, regardless of how recorded, and whether original or copy, including, but not limited to, the following: memoranda, reports, expense reports, books, manuals, iJ1structions, financial reports, working papers, records, notes, letters, notices, confirmations, telegrams, receipts, appraisals, pamphlets, magazines, newspapers, prospectuses, inter-office and intra-office communications, electronic mail (emails), MMS or SMS text messages, instant messages, messaging systems (such as iMessage, Microsoft Teams, WhatsApp, Telegram, Signal, Google Chat, Twitter direct messages, Lyne, Slack, and Facebook Messenger),
contracts, cables, telexes, notations of any rype of conversation, telephone call, voicemail, meeting or other communication. Please comply fully with 5 U.S.C. § 552(b). To further narrow down the scope of the request, the requester does not seek correspondence that merely forwards press clippings, such as news accounts or opinion pieces, newsletters, and published or docketed materials, if that correspondence has no comment or no substantive comment added by any party in the thread. Accordingly, without limitation to the foregoing, if any portion of this request is denie-d for any reason, please provide written notice of the records or portions ofrecords that are being withheld and cite each specific exemption of the Freedom of Information Act on which the agency relies. Moreover, to the extent that responsive records may be withheld in part produce all reasonably segregable portions of those records. Additionally, please provide all responsive documents even if they are redacted in full. This request is primarily and fundamentally for non-conm1ercial purposes. As a 50lc3 nonprofit, Heritage Foundation does not have a commercial purpose and the release of the information requested is not io Heritage Foundation's commercial interest. The Heritage Foundation's mission is to formulate and promote public policies based on the principles of free enterprise, limited government, individual freedom, traditional American values, and a strong national defense. Heritage Foundation uses the information requested and analyzes it in order to educate the public through social media, broadcast media (traditional and nontraditional) and press releases. The requested information is in the public interest because there trust in government is at historic lows, and the American people deserve transparency. Because this is a re.quest by a member of the news media for infommtion of public interest, made in my capacity as an author for The Daily Signal (a major news outlet), l actively gather iofonuation of potential interest to our Daily Signal audience, and I use my editorial skills to turn raw materials into a distinct work, and I distribute that work to our Daily Signal audience through podcasts or articles. I request that you waive all applicable fees associated with this request. If you deny this request for a fee waiver, please advise me in advance of the estimated charges if they are to exceed $50. Please send me a detailed and itemized explanation of those charges. If you have any questions, or feel you need clarification of this request please contact me at noreplyoversight@heritage.org.
NoNote to Requester: the clarification email chain for his request can be found with the FOIA-2023-000172 klocuments. It applies to FOIA-2023-000172, FOIA-2023-000174, FOIA-2023-000175, and FOIA-2023-000178.
IA, separate clarification chain that applies to the above plus FOIA-2023-000176 can be found under
NRC FORM 464 Part I U.S. NUCLEAR REGULATORY COMMISSION FOIA or Reference Number Response Number (03-13-2023)
,,,.fl"~",
I FOIA-2023-00017 4 11 1
I
/¥o*.
RESPONSE TO FREEDOM OF
~
i
\~ l INFORMATION ACT (FOIA) REQUEST
Response
Interim 0 Final Type Requester:
Date:
!Mike Howell & Roman Jankowski, Heritage Foundation I I 11/14/2023 I
Description of Requested Records:
As modified, all emails from Commissioner Caputo mentioning any of the following terms: "on the background",
"off the record", "on background, or "deep background" from January 1, 2021 - July 19, 2023 (the date the NRC received the request), excluding emails that merely forward press clippings or other published material.
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/readinq-rm/adams.html; (3) microfiche available in the NRC Public Document Room; or the NRC Public Access Link (PAL), at https://foia.nrc-gateway.qov/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.
0 See Part I.D -- Comments.
PART I.A -- FEES You will be billed by NRC for the amount indicated.
0 Since the minimum fee threshold was not met, 11 AMOUNT 11 you will not be charged fees.
You will receive a refund for the amount indicated.
Due to our delayed response, you will not be Fees waived.
charged search and/or duplication fees that would otherwise be applicable to your request.
PART I.B --INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE 0
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.
0 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 EQJA.resourc~ncc.gQY. 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 htlP_s://foia.nrc.:.9atewa,y,,go_l/LfillgLl:!om~ru<-
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 oqis@nara.gov, send a fax to (202) 7 41-5789, 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 bttps://www.archives.gov/oqis.
NRC FORM 464 Part I U.S. NUCLEAR REGULATORY COMMISSION FOIA or Reference Number I FOIA-2023-000174 Response Number 11 1
(03-13-2023)
RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST PART I.D -* COMMENTS
Response
Type D Interim I I Final Upon receipt of your original request, we reached out to you to seek some clarification and narrowing of the scope of records that would be responsive to your request. You did narrow your request, and based upon that narrowed request, we tasked the Office of the Secretary to the Commission (SECY) to search for any responsive emails. SECY staff informs us that they did not locate any responsive emails from Commissioner Caputo.
Signature
- Freedom of Information Act Officer or Designee Lezlie J. Colbert Digitally signed by Lezlie J. Colbert Date: 2023.11.14 11 :55:07 -05'00'
Request Description
Dear FOJA Oflicer,
Pursuant to the Freedom oflnformation Act, 5 U.S.C. § 552, and the implementing FOIA regulations oflhe agency, l respectfully request the following from 2021 to the present: All emails to/from/bee Jeffrey M. Baran cmrbaran.resource@nrc.gov mentioning, "on the background", "off the record", "off-the-record", "on background", "deep background", "compliance", "confidential",
"coo1plaiot", "investigation", "classified", "LIMDIS", "oot for attribution", "non-attribution", "not attributed", "source", "anonymity",
"anonymous", "sensitive", "counsel", "embargo", "embargoed", "policy draft", "talking points", "pre-read", "briefing sheet", "sitrep",
"memorandum draft", or memorandum". All calendar entries and internal Microsoft Teams or Lyne messages from Jeffrey M. Baran mentioning "on tbe background", "off the record", "off-the-record", "on background", "deep background", "compliance", "confidential",
"complaint", "investigation", "classified", " LlMDIS", "not for attribution", "non-attribution", "not attributed", "source", "anonymity",
"anonymous", "sensitive", "counsel", "embargo", "embargoed", "policy draft", "talking points", "pre-read", "briefing sheet", "sitrep",
"memorandum draft", "memorandum", "Republian", "Democrat" or "nominee". To further narrow down the scope of the request, requester does not seek correspondence that merely forwards press clippings, such as news accounts or opinion pieces, newsletters, and published or docketed materials, if that correspondence has no comment or no substantive comment added by any party in the thread. The terms "pertaining to," "referring," "relating," or "concerning" with respect to any giveo subject means anyth.ing that constitutes, contains, embodies, reflects, identifies, states, refers to, deals with, or is in any manner whatsoever pertinent to that subject.The tenn "record" means any writt.en, recorded, or graphic matter of any nature whatsoever, regardless of how recorded, and whether origi11al or copy. including, but not limited to, the following: memoranda, reports, expense reports, books, manuals, instructions, financial reports, working papers, records, notes, letters, notices, confirmations, telegrams, receipts, appraisals, pamphlets, magazines, newspapers, prospectuses, inter-office and intra-office communications, electronic mail (emails), MMS or SMS text messages, instant messages, messaging systems (such as iMessage, Microsolt Teams, WhatsApp, Telegram, Signal, Google Chat, Twitter direct messages, Lyne, Slack, and Facebook Messenger),
contracts, cables, telexes, notations of any rype of conversation, telephone call, voicemail, meeting or other communication. Please comply fully with 5 U.S.C. § 552(b). To further narrow down the scope of the request, the requester does not seek correspondence that merely forwards press clippings, such as news accounts or opinion pieces, newsletters, and published or docketed materials, if that correspondence has no comment or no substantive comment added by any party in the thread. Accordingly, without limitation to the foregoing, if any portion of this request is denie-d for any reason, please provide written notice of the records or portions ofrecords that are being withheld and cite each specific exemption of the Freedom of Information Act on which the agency relies. Moreover, to the extent that responsive records may be withheld in part produce all reasonably segregable portions of those records. Additionally, please provide all responsive documents even if they are redacted in full. This request is primarily and fundamentally for non-conm1ercial purposes. As a 50lc3 nonprofit, Heritage Foundation does not have a commercial purpose and the release of the information requested is not io Heritage Foundation's commercial interest. The Heritage Foundation's mission is to formulate and promote public policies based on the principles of free enterprise, limited government, individual freedom, traditional American values, and a strong national defense. Heritage Foundation uses the information requested and analyzes it in order to educate the public through social media, broadcast media (traditional and nontraditional) and press releases. The requested information is in the public interest because there trust in government is at historic lows, and the American people deserve transparency. Because this is a re.quest by a member of the news media for infomiation of public interest, made in my capacity as an author for The Daily Signal (a major news outlet ), l actively gather iofonuatioo ofpoteotial interest to our Daily Signal audience, and I use my editorial skills to tum raw materials into a distinct work, and I distribute that work to our Daily Signal audience through podcasts or articles. I request that you waive all applicable fees associated with this request. If you deny this request for a fee waiver, please advise me in advance of the estimated charges if they are to exceed $50. Please send me a detailed and itemized explanation of those charges. If you have any questions, or feel you need clarification of this request please contact me at noreplyoversight@heritage.org.
Note to Requester: the clarification email chain for this request can be found with the FOIA-2023-000172 documents. It applies to FOIA-2023-000172, FOIA-2023-00017 4, FOIA-2023-000175, and FOIA-2023-000178.
A separate clarification chain that applies to he above plus FOIA-2023-000176 can be
From:
To:
Cc:
Subject:
Date:
Yes, I concur.
Roman Jankowski Jankowski Roman Margo Stevens Oyersightproject
[Extemal_Sender] RE: Re: FOIA-2023-0000172, -174, -175, and -178 Tuesday, October 10, 2023 9:41:01 AM Senior Investigative Counsel, Oversight Project, Government Relations The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002
~b )(6)
I heritage.org From: Margo Stevens <Margo.Stevens@nrc.gov>
Sent: Tuesday, October 10, 2023 5:08 AM To: Jankowski, Roman l~<b_H6_l __________ ~
Cc: OversightProject <OversightProject@heritage.org>
Subject:
RE: Re: FOIA-2023-0000172, -174, -175, and -178 Importance: High Note to Requester: this email chain applies to FOIA-2023-000172, FOIA-2023-000174, FOIA-2023-000175, and FOIA-2023-000178.
Good morning Roman. I would very much appreciate receiving your confirmation.... The staff cannot begin its search without it. (I appreciate it was my inadvertent error, but I do need to have written confirmation from you). Thank you.
- Margo L Stevens
- fOI.J.l.J\.na[yst/Team Lead (Patfifind"er Consu[tants contractor)
OCIO/(j'E:MS/:fLJC
'U.S. :Nuc[ear 'Regufatory Commission
- My fiours: :Monaay tfirougfi :friaay, 6:oo.J.l:M to 2:30 P:M ('ET) 0: (301) 415-8148 P~ V\.Ot"e,that: I wo-v"fv v0Wlfftily. lvty hour-~ ~
not-he, yo-u.,y wo-v~
hour-¥- P~ ci& V\O't~the, n,e,ed,-to-vl1/4pond,, ou;t}i,de,of y0tw-wo-v~
hour-¥-
From: Margo Stevens Sent: Friday, October 6, 2023 6:32 AM To: 'Jankowski, Roman' ~.,,.b.,...,)(6=)-----------,
Cc: 'OversightProject' <OversightProject@herjtage.org>
Subject:
RE: Re: FOIA-2023-0000172, -174, -175, and -178 Importance: High Good morning Roman. I am actually scheduled to be off work today, but my colleagues in the program office that I tasked to search after our exchange yesterday (below), noted a discrepancy.
Your requests, as originally writt en, sought records TO/FROM/COPYING the named custodian. When we first discussed narrowing the scope of your request, you limited the search to records FROM the named custodian and then eliminated certain key words/search terms.
When I composed the narrowing we discussed over the telephone, I inadvertently copied the original language, TO/FROM/COPYING the named custodian. I failed to see the discrepancy, but the program office staff did.
Can you please confirm for me that you agree that we are limiting the searches to EMAILS FROM the named custodian, dating back to January 1, 2021 t hrough the July 19, 2023 receipt of the request (except for Commissioner Baran, whose term ended June 30, 2023) mentioning the following key words/search terms: "on the background", "off the record", "on background, or "deep background" from January 1, 2021 - present, except that emails that merely forward press clippings, such as news accounts or opinion pieces, newsletters, and published or docketed materials, if that email has no comment or no substantive comment added by any party in the thread, are excluded.
Sorry to have to come back to you. The error was mine.
Jvl.argo L. Stevens
- fOl.'A.'A.na{yst/'Team Lead (Patlifinc[er Consurtants contractor)
OCJO/(j'EJvl.S/:fLIC 11.S. Nuc{ear 'Regu[atory Commission Jvt.y liours: Jvl.onday tfirougli :Friday, 6:oo.'A.Jvl. to 2:30 'PJvl. ('ET) 0: (301) 415-8148 p~ V\Ot"e,that-I work,, v0WI-Ot"cly. lvfy hour-¥ nuty not" 0(1/ YC)-(,,(,V WOY~
Y\,OUV¥, p~
do-viot"feel,the-Vteed,ro-v<1/4pond, o<<t}{,de, of YC)-(,,(,V WOY~
Y\,OUV¥,
From: Margo Stevens Sent: Thursday, October 5, 2023 9:12 AM To: Jankowski, Roman F~b_)(6_) __________ ~
Cc: OversightProject <OyersightProject@heritage org>
Subject:
RE: Re: FOIA-2023-0000172, -174, -175, and -178 Thanks.
J\1.argo L Stevens
- fOI.:A.:Ana{yst/Team Leacf (Patfifincfer Consufrants contractor)
OCIO/(j'EJvt.S/:fLJC
'U.S. :Nuc{ea r 'Regu{atory Commission J\1.y fiours: J\1.oncfay tfirougfi :fricfay, 6:oo..'A..1vl to 2:30 PJ\1. ('ET) 0 : (301) 415-8148
- P~ V\Ot'/that-I work,, rem,o:tily. My ho-t-w¥ WLCf.'.Y vwt' he, YOU¥" wor~
ho-t-w¥. P~cio-vwt'{eeA.lthe,need,to-re4poru.:i~ofy01M"WOY~
ho-t,w¥,
From: Jankowski, Romarf~~-)(_6) ___________
~
Sent: Thursday, October 5, 2023 9:04 AM To: Margo Stevens <Margo.Stevens@nrc.gov>
Cc: OversightProject <OyersightProject@heritage.org>
Subject:
[External_Sender] Re: FOIA-2023-0000172, -174, -175, and -178 I'm ok with this.
Roman Jankowski Senior Investigative Counsel, Oversight Project, Government Relations The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 kb)(6)
I heritage.org From: Margo Stevens <Margo.Stevens@nrc gov>
Sent: Thursday, October 5, 2023 8:25:22 AM To: Jankowski, Roman '~b_)(6_) __________ ~
Cc: OversightProject <OversightProject@heritage.org>
Subject:
FOIA-2023-0000172, -174, -175, and -178 Good morning Roman. I wanted to document our telephone conversation of yesterday, in which you agreed to a further narrowing of each of the above-referenced four FOIA requests that you had submitted on July 19, 2023.
Moving forward, for each of the four Commissioners named (Baran, Caputo, Crowell, and Hanson, respectively} - referred to as "Custodian" below, here is how the requests now read:
All emails to/from/copying [Custodian] mentioning any of the following terms: "on the background",
"off the record", "on background, or "deep background" from January 1, 2021 - present, except that emails that merely forward press clippings, such as news accounts or opinion pieces, newsletters,
and published or docketed materials, if that email has no comment or no substantive comment added by any party in the thread, are excluded.
Since your requests were received by the NRC on July 19, 2023, that would be the cut-off date under the NRC's FOIA regulations; please note, however, that Commissioner Baran's term ended June 30, 2023, so that would be the cut-off date for FOIA-2023-000172.
I'd appreciate a quick "OK" to confirm t he revised scope of each of these requests. That will allow me to task the appropriate office to conduct the search.
Thank you.
- M.argo L. Stevens
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From:
To:
Subject:
Date:
Yes Roman Jankowski Jankowski Roman Margo Stevens
[External_Sender] Re: Heritage FOIA requests Monday, July 31, 2023 12:51:08 PM Senior /nvestigotive Counsel, Oversight Project, Government Relotions The Heritage Foundation 214 Massachusetts Avenue, NE Washington. DC 20002 kb)(6)
I heritage.org From: Margo Stevens <Margo.Stevens@nrc.gov>
Sent: Monday, July 31, 2023 12:50:05 PM To: Jankowski, Roman....
l(b_l<_5l ____________
Subject:
RE: RE: Heritage FOIA requests AND includes emails. And the start dat e is January 1 2021, yes?
From: Jankowski, Roman....
~b_l(_6l ___________ ~
Sent: Monday, July 31, 2023 12:46 PM To: Margo Stevens <Margo.Stevens@nrc.gov>
Subject:
[External_Sender] RE: Heritage FOIA requests Yes, this narrowing applies to each of the Heritage requests.
Roman Jankowski Senior Investigative Counsel, Oversight Project, Government Relations The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 kh\/R\
I heritage.org From: Margo Stevens <Martrn,Steyens@nrc.gov>
Sent: Monday, July 31, 2023 5:38 AM To: Jankowski, Romanl.,,.(b..,..,)(=6)-------------,
Subject:
RE: Heritage FOIA requests Importance: High Thank you, Roman, for our conversation on Friday, as well as your follow-up email.
Just to clarify - this narrowing applies to each of the Heritage requests, including the most recent one (FOIA-2023-000178) that was submitted after our conversation, seeking records relating to Chair Christopher Hanson, is seeking emails as well as calendar entries, and int ernal Microsoft Teams or Lyne messages, and for all requests, the time frame begins with January 1, 2021.
If I can receive a confirmatory email this morning, I will be able to move forward on each of them.
From: Jankowski, Roman....
fb_)(_6) ___________
Sent: Friday, July 28, 2023 4:09 PM To: Margo Stevens <Margo.Stevens@nrc.gov>
Subject:
[External_Sender] Heritage FOIA requests Concur, lets narrow down t he scope to: From [Custodian] regarding the following terms "on the background", "off the record", "off-the-record", "on background", "deep background", "not for attribution", "non-attribution", "not attributed",
All calendar entries and internal Microsoft Teams or Lyne messages from mentioning "on the background", "off the record", "off-the-record", "on background", "deep background",
"LIMDIS", "Republican", "Democrat" or "nominee".
Roman Jankowski Senior lnvestigotive Counsel, Oversight Project, Government Relotions The Heritage Foundation 214 Massachusetts Avenue, NE Washington. DC 20002 heritage.erg
NRC FORM 464 Part I U.S. NUCLEAR REGULATORY COMMISSION FOIA or Reference Number Response Number (03-13-2023)
,,,.fl"~",
I FOIA-2023-000172 11 1
I
/¥o*.
RESPONSE TO FREEDOM OF
~
i
\~ l INFORMATION ACT (FOIA) REQUEST
Response
Interim 0 Final Type Requester:
Date:
!Mike Howell & Roman Jankowski, Heritage Foundation I I 10/23/2023 I
Description of Requested Records:
As modified, all emails from Commissioner Baran mentioning any of the following terms: "on the background",
"off the record", "on background, or "deep background" from January 1, 2021 - June 30, 2023 (the date his term expired), excluding emails that merely forward press clippings or other published material.
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/readinq-rm/adams.html; (3) microfiche available in the NRC Public Document Room; or the NRC Public Access Link (PAL), at https://foia.nrc-gateway.qov/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.
0 See Part I.D -- Comments.
PART I.A -- FEES You will be billed by NRC for the amount indicated.
0 Since the minimum fee threshold was not met, 11 AMOUNT 11 you will not be charged fees.
You will receive a refund for the amount indicated.
Due to our delayed response, you will not be Fees waived.
charged search and/or duplication fees that would otherwise be applicable to your request.
PART I.B --INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE 0
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.
0 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 EQJA.resourc~ncc.gQY. 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 htlP_s://foia.nrc.:.9atewa,y,,go_l/LfillgLl:!om~ru<-
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 oqis@nara.gov, send a fax to (202) 7 41-5789, 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 bttps://www.archives.gov/oqis.
NRC FORM 464 Part I U.S. NUCLEAR REGULATORY COMMISSION FOIA or Reference Number I FOIA-2023-000172 Response Number 11 1
(03-13-2023)
RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST PART I.D -* COMMENTS
Response
Type D Interim I I Final Upon receipt of your original request, we reached out to you to seek some clarification and narrowing of the scope of records that would be responsive to your request. You did narrow your request, and based upon that narrowed request, we tasked the Office of the Secretary to the Commission (SECY) to search for any responsive emails. SECY staff informs us that they did not locate any responsive emails from (former) Commissioner Baran.
Signature
- Freedom of Information Act Officer or Designee Lezlie J. Colbert Digitally signed by Lezlie J. Colbert Date: 2023.10.23 13:03:14 -04'00'