ML19017A172

NRC-2019-000027 - Resp 1 - Final

ML19017A172
Person / Time
Issue date:	01/16/2019
From:	Stephanie Blaney NRC/OCIO
To:	Tarver J - No Known Affiliation
References
FOIA, NRC-2019-000027
Download: ML19017A172 (3)

Text

NRC FORM 464 Part I U.S. NUCLEAR REGULATORY COMMISSION NRC RESPONSE NUMBER (04-2018) #fl.llEo"'-,

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'!.. RESPONSE TO FREEDOM OF INRC-2019-00002711 1 I

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INFORMATION ACT (FOIA) REQUEST

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,s-1 RESPONSE TYPE D INTERIM 0 FINAL REQUESTER: DATE:

!Julian Tarver 11 01/16/2019 I

DESCRIPTION OF REQUESTED RECORDS:

Records showing each NRC staff that has any sort of clearance for Top Secret, or lower level for records.

PART I. --INFORMATION RELEASED D The NRG 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 NRG Public Document Room; or FOIA Online, https://foiaonline.regulations.gov/foia/action/public/home.

D 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 D that agency (See Part I.D -- Comments) for a disclosure determination and direct response to you.

D We are continuing to process your request.

0 See Part I.D - Comments.

PART I.A -- FEES AMOUNT D You will be billed by NRG for the amount indicated.

0 Since the minimum fee threshold was not met, you will not be charged fees.

I D You will receive a refund for the amount indicated.

I $0.00 Due to our delayed response, you will not be D Fees waived. D charged search and/or duplication fees that would otherwise be applicable to your request.

PART 1.8--INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE D 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 11..

D 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-2 F43, Washington, D.C. 20555-0001. You may submit an appeal by e-mail to FOIA.resource@nrc.gov. You may fax an appeal to (301) 415-5130. Or you may submit an appeal through FOIA Online, https://foiaonline.regulations.gov/foia/action/public/home. Please be sure to include on your submission that it is a "FOIA f,ppeal."

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) 415-1276.

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@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 207 40-6001. For additional information about OGIS, please visit the OGIS website at https://www i;!rchives.govlogis.

NRC FORM 464 Part I U.S. NUCLEAR REGULATORY COMMISSION NRC RESPONSE NUMBER (04-2018)

RESPONSE TO F~EEDOM OF INRC-2019-00002711 1 INFORMATION ACT (FOIA) REQUEST RE~~~SE D INTERIM I./ I FINAL PART I.D - COMMENTS The NRC has located 96 pages that are being withheld in full. Because staff (or their families) may become targets of adversaries to the U.S. Government as a result of the security clearances they hold (and their access to classified or other sensitive information), their names and levels of clearance are being withheld from disclosure under FOIA exemptions 6, 7C, and 7F.,

Signature - Freedom of Information Act Officer or Designee

\ Digit~lly signed by S~ep~anie ~- ~laney Stephanie A. Blaney 1

Date. 2019.01.16 12.35.45 -05 00

NRC FORM 464 Part 11 U.S. NUCLEAR REGULATORY COMMISSION NRC (04-2018)

RESPONSE TO FREEDOM OF INRC-2019-0000271

• INFORMATION ACT (FOIA) REQUEST DATE:

1 01,1612019 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)).

D Exemption 1: The withheld infonmation is properly classified pursuant to an Executive Order protecting national security information.

D Exemption 2: The withheld infonmation relates solely to the internal personnel rules and practices of NRC.

D Exemption 3: The withheld infonmation 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 (4;1 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).

D 41 U.S.C. 4702(b),, which prohibits the disclosure of contractor proposals, except when incorporated into the contract between the agency and the D Other.

Exemption 4: The withheld information is a trade secret or confidential commercial or financial infonmation that is being withheld for the reason(s)

D indicated.

The information is considered to be proprietary because it concerns a licensee's or applicant's physical protection or material control and D 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 with_held infonmation consists of intera~ency or intraagency records that are normally privileged in civil litigation.

D Deliberative process privilege..

D Attorney work product privilege.

D' Attorney-client privilege.

r71 Exemption 6: _The withheld information from a personnel, medical, or similar file, is exempted from public disclosure because its disclosure would result L.!...J 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.

[Z] (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 D sources.

(E) Disclosure would reveal techniques and procedures for law enforcement investigations or prosecutions, or guidelines that could reasonably be D expected to risk circumvention of the law.

[Z] (F) Disclosure could reasonably be expected to endanger the life or physical safety of any individual.

D Other:

PART 11.B -- DENYING OFFICIALS In accordance with 10 CFR 9.25(g) and 9.25(h) of tM'U.S. Nuclear Regulatory Commission regulations, the official(s) listed below have made the determination to withhold certain information responsive to your request.

AP PELLATE OFFICIAL DENYING OFFICIAL TITLE/OFFICE RECORDS DENIED EDO SECY I Stephanie Blaney I

FOIAOfficer I 1. PII, sensitive security inforrnatio,n 0 D I D D Select Title/Office from drop-down list I 11 11 I I D D Select Title/Office from drop-down list 11 11 I D D Select Title/Office from drop-down list I 1*

11 NRC Form 464 Part II (04-2018)