ML25190A552
| ML25190A552 | |
| Person / Time | |
|---|---|
| Issue date: | 07/07/2025 |
| From: | Colbert L NRC/OCIO/DIME/FLICB |
| To: | Kolar J US Government Accountability Office (GAO) |
| Shared Package | |
| ML25190A551 | List: |
| References | |
| NRC-2018-000513 | |
| Download: ML25190A552 (2) | |
Text
NRC FORM 464 Part I (09-25-2024)
RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST U.S. NUCLEAR REGULATORY COMMISSION FOIA or Reference Number Response Number
Response
Type Interim Final Requester:
Date:
Description of Requested Records:
PART I. -- INFORMATION RELEASED The NRC has made some, or all, of the requested records publicly available through one or more of the following means:
(1) https://www.nrc.gov ; (2) public ADAMS, https://www.nrc.gov/reading-rm/adams.html; (3) microfiche available in the NRC Public Document Room; or the NRC Public Access Link (PAL), at https://foia.nrc-gateway.gov/app/Home.aspx.
Agency records subject to the request are enclosed.
Records subject to the request that contain information originated by or of interest to another Federal agency have been referred to that agency (See Part I.D -- Comments) for a disclosure determination and direct response to you.
We are continuing to process your request.
See Part I.D -- Comments.
PART I.A -- FEES AMOUNT You will be billed by NRC for the amount indicated.
You will receive a refund for the amount indicated.
Fees waived.
Since the minimum fee threshold was not met, you will not be charged fees.
Due to our delayed response, you will not be charged search and/or duplication fees that would otherwise be applicable to your request.
PART I.B -- INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE We did not locate any agency records responsive to your request. Note: Agencies may treat three discrete categories of law enforcement and national security records as not subject to the FOIA ("exclusions"). See 5 U.S.C. 552(c). This is a standard notification given to all requesters; it should not be taken to mean that any excluded records do, or do not, exist.
We have withheld certain information pursuant to the FOIA exemptions described, and for the reasons stated, in Part II.
Because this is an interim response to your request, you may not appeal at this time. We will notify you of your right to appeal any of the responses we have issued in response to your request when we issue our final determination.
You may appeal this final determination within 90 calendar days of the date of this response. If you submit an appeal by mail, address it to the FOIA Officer, at U.S. Nuclear Regulatory Commission, Mail Stop T-6 A60M, Washington, D.C. 20555-0001. You may submit an appeal by email to FOIA.resource@nrc.gov. You may fax an appeal to (301) 415-5130. Please be sure to include on your submission that it is a FOIA Appeal. You may file an appeal through the NRC Public Access Link (PAL) at https://foia.nrc-gateway.gov/app/Home.aspx.
PART I.C -- REFERENCES AND POINTS OF CONTACT You have the right to seek assistance from the NRC's FOIA Public Liaison by submitting your inquiry at https://www.nrc.gov/reading-rm/
foia/contact-foia.html, or by calling the FOIA Public Liaison at (301) 415-0717.
If we have denied your request, you have the right to seek dispute resolution services from the NRC's Public Liaison or the Office of Government Information Services (OGIS). To seek dispute resolution services from OGIS, you may email OGIS at ogis@nara.gov, send a fax to (202) 741-5789, or send a letter to: Office of Government Information Services, National Archives and Records Administration, 8601 Adelphi Road, College Park, MD 20740-6001. For additional information about OGIS, please visit the OGIS website at https://www.archives.gov/ogis.
FOIA-2018-000513 6
Jack Kolar, Government Accountability Project 07/07/2025 Six groups of records; specifically: [1] records pertaining to all Memoranda of Understanding (MOU) between the Nuclear Regulatory Commission (NRC) and the U.S. Army Corps of Engineers (USACE), including all internal and external communications regarding the MOUs and research, review, evaluations [continued on next page]
NRC FORM 464 Part I (09-25-2024)
RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST U.S. NUCLEAR REGULATORY COMMISSION Response Number Interim Final PART I.D -- COMMENTS Signature - Freedom of Information Act Officer or Designee FOIA or Reference Number
Response
Type 6
[continued from page 1:] conducted under these MOUs; [2] all records pertaining to the evaluations done by Dr. Ballinger and other ACRS members regarding item D.3 on page 2 of the 2016-Feb-19 and 2015-July-14 MOU (ML16125A522); [3] all email communications and other records in the possession of Brad Harvey relating to the MOU between the NRC's Advisory Committee on Reactor Safeguards (ACRS) and USACE's Omaha District; [4] all records in the case file of OIG Case C16-003 and its associated allegation; [5] all records pertaining to the decision to remove, and the removal of, 60 records identified by their ML accession numbers from the NRC's Agencywide Document Accession and Management System (ADAMS); and [6] all records pertaining to FOIA requests for any of the ADAMS records listed in group 5.
These groups of records were addressed in multiple interim responses issued to you to date. In interim response 1, dated September 6, 2019, the Office of Inspector General addressed group 4 of your request. In interim response 2, dated April 10, 2020, we addressed group 2 of your request. In interim response 3, dated January 25, 2021, we addressed all but one set of records response to groups 5 and 6 of your request. In interim response 4, dated March 9, 2023, we addressed groups 1 and 3, save two records for which consultation with the Federal Energy Regulatory Commission (FERC) was needed. In response 5, dated May 12, 2023, after having completed our consultation with FERC, we addressed those two records.
In an email dated June 2, 2025, in light of the passage of time since interim response 5 was issued to you without hearing from you, we wrote you to inquire as to your continued interest in pursuing the one set of records remaining that is responsive to groups 5 and 6 of your request. We did not hear back from you. As we stated in our June 2nd email, we have construed your silence to mean that you are not interested in pursuing these remaining records at this time. Accordingly, we have closed our file on your request.
LEZLIE COLBERT Digitally signed by LEZLIE COLBERT Date: 2025.07.07 13:03:28 -04'00' FOIA-2018-000513