ML19273A921

NRC-2018-000166 (Formerly FOIA/PA-2018-0073) - Resp 1 - Final

ML19273A921
Person / Time
Issue date:	09/27/2019
From:	Stephanie Blaney Information Services Branch
To:	Tarver J - No Known Affiliation
Shared Package
ML19273A928	List: ML19273A921 ML19273A922
References
FOIA, FOIA/PA-2018-0073, NRC-2018-000166
Download: ML19273A921 (3)

Text

NRC FORM 464 Part I U.S. NUCLEAR REGULATORY COMMISSION NRC RESPONSE NUMBER (06-2019)

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RESPONSE TO FREEDOM OF I 2018-000166 11 1

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~ ': INFORMATION ACT (FOIA) REQUEST

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RESPONSE

TYPE D INTERIM 0 FINAL REQUESTER: DATE:

!Julian Tarver 09/27/2019 11 I DESCRIPTION OF REQUESTED RECORDS:

List of all public and non-public SECY Papers from 2015 through current date [November 17, 2017].

PART I. -- INFORMATION RELEASED The NRG has made some, or all, of the requested records publicly available through one or more of the following means: (1) https://

0 www.nrc.gov; (2) public ADAMS, https://www.nrc.gov/reading-rm/adams.htnil; (3) microfiche available in the NRG Public Document Room; or FOIA Online, https://foiaonline.gov/foiaonline/action/public/home.

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 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.Am* 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.

D You will receive a refund for the amount indicated.

Due to our delayed response, you will not be 11 11 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 We did not locate any agency records responsive to your request. Note: Agencies may treat three discrete categories of law D 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 D 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, 0 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 e-mail 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." Only a pre-registered user may file an appeal through FOIA Online, https://

foiaonline.gov/foiaonline/action/public/home. A user who has not registered an account prior to filing the initial FOIA request may still submit their appeal by one of the above mentioned options.

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:i/www.nrc.gov/reading-rm/

foia/contact-foia.html, or by calling the FOIA Public Liaison at (301) 415-1276.

lfwe 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 20740-6001. For additional information about OGIS, please visit the OGIS website at

.b.ttps://www.archives.ggy_!ogis.

NRC FORM 464 Part I U.S. NUCLEAR REGULATORY COMMISSION NRC RESPONSE NUMBER (06-2019) 1 201s-000166 1 RESPONSE TO FREEDOM OF 11 INFORMATION ACT (FOIA) REQUEST RE~~~SE D INTERIM I./ I FINAL PART I.D - COMMENTS In three previous FOIA requests, you were provided lists of the public and non-public SECY papers for the requested time periods, as follows:

[1] FOINPA-2016-0140: Index of all SECY Papers that are non-publicly available from 2010-current [December 10, 2015]. Should you no longer have our ,Form 464 response and the released set of records that we provided you in hard copy, you may find them in public ADAMS as ML16141A737 and ML16141A736, respectively.

[2] FOINPA-2016-0505: Listing of non-public SECY Papers for December 11, 2015 through June 9, 2016 and January 1, 2005 through December 31, 2009. Should you no longer have our Form 464 response and the released set of records that we provided you in hard copy, you may find them in public ADAMS as ML16218A480.

[3] FOINPA-2016-0739: Listing of public and non-public SECY Papers from June 9, 2016 through September 16, 2016.

Should you no longer have our Form 464 response and the released set of records that we provided you in hard copy, you may find them in public ADAMS as ML16135A008 and ML16315A010, respectively.

Enclosed you will find listings that reflect all of the public and non-public SECY Papers from January 1, 2015 through June 8 2016 and September 17, 2016 through November 17, 2017. Please refer to Part II for the three redacted titles appearing on the last listing.

Signature - Freedom of Information Act Officer or Designee Digitally signed by Stephanie A. Blaney

!Stephanie A. Blaney Date: 2019.09.27 11: 18:25 -04'00'

NRC FORM 464 Part !I U.S. NUCLEAR REGULATORY COMMiSSION 1,...N_R_C_ _- - , - - - - - - - , ,

(04-2018)

RESPONSE TO FREEDOM OF I .2018-000166 _

INFORMATION ACT (FOIA) REQUEST DATE:

1 09121,2019

• 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 information is properly classified pursuant to an Executive Order protecting national security information.

[Z] Exemption 2: The withheld information relates solely to the inte~nal 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.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 information that is being withheld for the reason(s)

• D indicated . .

The information is considered tci 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).

[Z] Exemption 5:

• The withheld inf~rmation consists of interagency or intraagency reco~ds that are norm.ally privileged in civil litigation.

D Deliberative process p*rivilege.

[Z] 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 D 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) 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.

D (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 the.U.S. Nuclear Reguiatory Commission regulations, the official(s) listed below have made the determination to withhold certain. information responsive to your request.

AP PELLATE OFACIAL DENYING OFFICIAL TITLE/OFFICE RECORDS DENIED SECY EDD Rochelle Bavol Executive Assistant to the Secretary internal personnel matters; adjudicatory matters D 0 I *1 Select Title/Office from drop-down list 11 I D D I D D Select Title/Office from drop-down list I I 11 Select Title/Office from drop-down list I I D D I 11 NRG Form 464 Part II (04-2018)