ML25329A262
| ML25329A262 | |
| Person / Time | |
|---|---|
| Issue date: | 11/24/2025 |
| From: | Sillah A NRC/OCIO |
| To: | Edwin Lyman Union of Concerned Scientists |
| References | |
| NRC-2018-000103 | |
| Download: ML25329A262 (0) | |
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.
NRC-2018-000103 17 Edwin Lyman, Union of Concerned Scientists 11/24/2025 Records corresponding to item 106 of your request, as further 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 17 The U.S. Nuclear Regulatory Commission (NRC) received your request on October 3, 2017, seeking records, or groups of records, enumerated in 111 discrete paragraphs. Since our receipt of your request, we have issued 16 responses that address most of these paragraphs; only a few records responsive to paragraphs 101-104, as well as any records responsive to paragraphs 92, 106, 110 and 111, remain to be addressed.
In this 17th interim response, we are addressing paragraph 106 of your request. We understand this paragraph to be seeking any records (as of October 3, 2017) that embody or reflect upon communications between the NRC and U.S. Army Corps of Engineers (USACE) concerning whether dam failure flooding data should, or should not, be made publicly available. This paragraph noted that records processed in two previous FOIA requests, FOIA/
PA-2013-0129 and FOIA/PA-2016-0455, may be responsive. We tasked the former Office of New Reactors (NRO), the Office of Nuclear Reactor Regulation (NRR), the Office of Nuclear Regulatory Research (RES), the Office of Nuclear Incident and Security Response (NSIR), and the Advisory Committee on Reactor Safeguards (ACRS) to search for records. No new records were located by any of the offices tasked to search.
In addition, we reviewed the records that had been processed in the two FOIA requests you identified in paragraph 106. The only record responsive to FOIA/PA-2016-0455 was released in its entirety and may be found here: https://www.nrc.gov/docs/ML1615/ML16158A412.html.
With respect to the records previously processed in FOIA/PA-2013-0129 (https://www.nrc.gov/docs/ML1324/
ML13247A744.html), we identified four of them that were responsive to item 106: ML13226A349, ML13226A352, ML13226A348, and ML13226A281. On three of the four records, only the names of USACE staff, their email addresses, and/or telephone numbers were redacted on the basis of FOIA exemption 6. The passage of time has not affected those redactions. In ML13226A281, in addition to the personally identifiable information redacted under FOIA exemption 6, there are references to flood elevations that had been redacted under FOIA exemption 5. Due to the passage of time, however, neither we, nor the program office involved, could locate a clean copy of Mr. Wilson's email.
This completes our processing of paragraph 106 of your request. We appreciate your continued patience as we continue to work through the remaining paragraphs.
Alecia S. Sillah Digitally signed by Alecia S. Sillah Date: 2025.11.24 13:59:35 -05'00' NRC-2018-000103
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 NRC-2018-000103 Alecia S. Sillah names/email addresses and cell phone numbers of USACE staff FOIA Officer Select Title/Office from drop-down list Select Title/Office from drop-down list Select Title/Office from drop-down list