ML25209A267
| ML25209A267 | |
| Person / Time | |
|---|---|
| Issue date: | 07/22/2025 |
| From: | Sillah A NRC/OCIO/DIME |
| To: | Pacey L - No Known Affiliation |
| References | |
| FOIA-2024-000553 | |
| Download: ML25209A267 (1) | |
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-2024-000553 3
Lesley Pacey 07/22/2025 Records corresponding to items 21, 22, and 27 of your request, as more fully explained in the Comments Section, below.
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 3
The FOIA Office received your FOIA request on September 6, 2024.
In interim response 1, dated October 11, 2024, we addressed items 3, 9, 11, 13, 14, and 15 of your request. In interim response 2, dated April 21, 2024, we addressed items 23, 24, 25, and 28 of your request. In this third interim response, we are addressing items 21 (2024-May-25 email from Lawrence Criscione regarding 2023 Allegations Trends Report (ML24222A004)), 22 (2024-July-29 email from Lawrence Criscione concerning the Agency Announcement regarding National Whistleblower Day (ML24222A003), and 27 (Transcript of the interview of Jack Davis for OIG Case C16-039 on August 9, 2016 that was produced by Neal R. Gross and Co., under Work Order No. NRC-2553) of your request.
The two emails responsive to items 21 and 22 have already been made publicly available in redacted form as part of the license renewal proceeding before the Atomic Safety and Licensing Board, "In the Matter of Duke Energy Carolinas, LLC (Oconee Nuclear Station, Units 1, 2 and 3), Docket Numbers 50-269-SLR-2, 50-270-SLR-2, and 50-287-SLR-2." These emails are attachments to a November 21, 2024 filing, "NRC Staff Non-Public Attachments 1 and 2" under ADAMS accession number ML24326A366. You may find the item 21 email under Attachment A starting on p105 of the PDF and the item 22 email appears as part of Attachment C starting on p185 (another copy of it starts on p321) of the PDF.
Prior to making Attachments A-C publicly available, NRC staff identified content that they identified as Critical Energy/
Electric Infrastructure Information (CEII), and consulted with the Federal Energy Regulatory Commission (FERC). FERC designated this redacted content as CEII. Once so designated, the NRC must withhold this content under FOIA exemption 3, in conjunction with 16 U.S.C. 824o-1(d).
With respect to the transcript described in item 27, since your request asks for a record that may have been compiled and/
or generated during OIG's investigation C16-039 that pertains to a specifically named individual with respect to whom you have not provided a satisfactory waiver of that named individual's privacy interests, the OIG can neither confirm nor deny the existence of any such record within the U.S. Nuclear Regulatory Commission (NRC) pertaining to the person you have named. Moreover, even to process this transcript could be construed as an implicit confirmation that this named individual had some involvement in this investigation.
Please refer to Part II for more information about the partial denial of information.
We are continuing to process the remaining items (1, 2, 4-8, 10, 12, 16-20, 26 and 29) of your request; we appreciate your continued patience.
Alecia S. Sillah Digitally signed by Alecia S. Sillah Date: 2025.07.22 11:16:54 -04'00' FOIA-2024-000553
NRC FORM 464 Part II (04-30-2024)
U.S. NUCLEAR REGULATORY COMMISSION RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST NRC Form 464 Part II (04-30-2024)
FOIA or Reference Number PART II.A -- APPLICABLE EXEMPTIONS Exemption 1: The withheld information is properly classified pursuant to an Executive Order protecting national security information.
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.
Exemption 2: The withheld information relates solely to the internal personnel rules and practices of NRC.
Exemption 3: The withheld information is specifically exempted from public disclosure by the statute indicated.
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).
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.
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).
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 CFR 2.390(d)(2).
Exemption 5: The withheld information consists of interagency or intraagency records that are normally privileged in civil litigation.
None of the information being withheld under Exemption 5/Deliberative Process Privilege is appropriate for discretionary disclosure.
Attorney work product privilege.
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.
Exemption 7: The withheld information consists of records compiled for law enforcement purposes and is being withheld for the reason(s) indicated.
(A) Disclosure could reasonably be expected to interfere with an open enforcement proceeding.
(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.
(F) Disclosure could reasonably be expected to endanger the life or physical safety of any individual.
Other:
PART II.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.
DENYING OFFICIAL TITLE/OFFICE INFORMATION DENIED APPELLATE OFFICIAL EDO SECY Other:
OIG FOIA-2024-000553
16 U.S.C. 824o-1(d), which prohibits the disclosure of Critical Electric/Energy Infrastructure Information (CEII)
Alecia Sillah Critical energy/electric infrastructure information (CEII)
Malion Bartley personal privacy
FOIA Officer Assistant Inspector General for Investigations Select Title/Office from drop-down list Select Title/Office from drop-down list