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| issue date = 04/12/2018
| issue date = 04/12/2018
| title = NRC-2018-000049 - Resp 1 - Final
| title = NRC-2018-000049 - Resp 1 - Final
| author name = Blaney S A
| author name = Blaney S
| author affiliation = NRC/OCIO
| author affiliation = NRC/OCIO
| addressee name = Tarver J
| addressee name = Tarver J
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=Text=
=Text=
{{#Wiki_filter:NRC FORM 464 Part I U.S. NUCLEAR REGULATORY COMMISSION NRC RESPONSE NUMBER (03-2018)  
{{#Wiki_filter:NRC FORM 464 Part I                                             U.S. NUCLEAR REGULATORY COMMISSION NRC                     RESPONSE NUMBER (03-2018) ti
~a,11au,..
                ...~
I NRC 2018 00004911 I ... >o RESPONSE TO FREEDOM OF 1 ti ; *t t; ; INFORMATION ACT (FOIA) REQUEST RESPONSE D 0 *\ .:I INTERIM FINAL lf-., +d' TYPE .........
                    ~a,11au,..
REQUESTER:
                                >o
DATE: !Julian Tarver 11 04/12/2018 I DESCRIPTION OF REQUESTED RECORDS: Internal communication related to FOIA 2017-0415 PART I. --INFORMATION RELEASED D The NRC has made some, or all, of the requested records publicly available through one or more of the following means: (1) .bttQ_s://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.
                                ~
[Z] Agency records subject to the request are enclosed.
                                  *t RESPONSE TO FREEDOM OF                                 INRC 2018 00004911                1 I
D 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. D We are continuing to process your request. [Z] See Part I.D --Comments.
t;                   ;
PART I.A --FEES D You will be billed by NRC for the amount indicated.
INFORMATION ACT (FOIA) REQUEST
0 Since the minimum fee threshold was not AMOUNT met, you will not be charged fees. I $0.00 I D You will receive a refund for the amount indicated.
            *\lf-.,
D Due to our delayed response, you will not D Fees waived. be charged fees. PART I.B --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").
                    .........   .:I
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. [Z] We have withheld certain information pursuant to the FOIA exemptions described, and for the reasons stated, in Part II. 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.
                              +d'
[Z] 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 Comrnission, Mail Stop T-2 F43, Washington, D.C. 20555-0001.
===RESPONSE===
You may submit an appeal by e-mail to FOIA.resource@nrc.gov.
TYPE    D      INTERIM 0    FINAL REQUESTER:                                                                                                                  DATE:
You may fax an appeal to (301) 415-5130.
04/12/2018
Or you may submit an appeal through FOIA Online, https://foiaonline.regulations.gov/foia/action/public/home.
!Julian Tarver 11                      I DESCRIPTION OF REQUESTED RECORDS:
Please be sure to include on your submission that it is a "FOIA Appeal." 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/  
Internal communication related to                 FOIA 2017-0415 PART I. -- INFORMATION RELEASED D       The NRC has made some, or all, of the requested records publicly available through one or more of the following means:
~. or by calling the FOIA Public Liaison at (301) 415-1276.
(1) .bttQ_s://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.
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) 7 41-5789, or send a letter to: Office of Government Information Services, National Archives and Records Administration, 8601 Adelphi Road, College Park, MD 20740-6001.
[Z]     Agency records subject to the request are enclosed.
For additional information about OGIS, please visit the OGIS website at bttps*//www,arcbbLes,gQv/QQis..
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.
NRC FORM 464 Part I (03-2018)
D       We are continuing to process your request.
Please note: U.S. NUCLEAR REGULATORY COMMISSION RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST PART I.D --COMMENTS The requested responsive records are enclosed.
[Z]     See Part I.D -- Comments.
Signature  
PART I.A -- FEES AMOUNT                      D   You will be billed by NRC for the amount indicated.
-Freedom of Information Act Officer or Designee NRC RESPONSE~NUMBE,R I NRC 2018 00004911 1 RE~~;sE D INTERIM I ./ I FINAL Stephanie A. Blaney )**, Digitally signed by Stephanie A. Blaney 6 '..---'(;)ate:
0 Since the minimum fee threshold was not met, you will not be charged fees.
2018.04.12 14:11:37-04'00' N,RC F0Rlll1 464 Part 11 U.S. NUCLEAR REGULATORY COMMISSION FOIA/PA (08-2013)  
I       $0.00                   I D   You will receive a refund for the amount indicated.
,.,,., ...... .. +<l "'&deg;o~* NRC 2018 000049 '! . *~ \ ,:i +.,,:a.*"*, +r1: .,. ....... RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) / PRIVACY ACT (PA) REQUEST PART II.A --APPLICABLE EXEMPTIONS DATE 4/12/18 IX GROUP I Records subject to the request that are contained in the specified group are being withheld in their entirety or in part under the . Exemption No.(s) of the PA and/or the FOIA as indicated below (5 U.S.C. 552a and/or 5 U.S.C. 552(b)). ~----~ D . Exemption 1: The withheld information is properly classified pursuant to Executive Order 12958. D Exemption 2: The withheld information relates solely to the internal personnel rules and practices of NRC. D
Due to our delayed response, you will not D   Fees waived.                                             D  be charged fees.
* Exemption 3: The withheld information is specifically exempted from public disclosure by statute indicated.
PART I.B -- 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.
D D 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).
[Z]     We have withheld certain information pursuant to the FOIA exemptions described, and for the reasons stated, in Part II.
Section 147 of the Atomic Energy Act, which prohibits the disclosure of Unclassified Safeguards Information (42 U.S.C. 2167). 41 U.S.C., Section 4702(b), prohibits the disclosure of contractor proposals in the possession and control of an executive agency to any person under section 552 of Title 5, U.S.C. (the FOIA), except when incorporated into the contract between the agency and the submitter of the proposal.
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.
D Exemption 4: The withheld information is a trade secret or commercial or financial information that is being withheld for the reason(s) indicated.
[Z]     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 Comrnission, 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 Appeal."
D 0 D D D D D The information is considered to be confidential business (proprietary) information:
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/
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 ~pecial nuclear material pursuant to 1 O CFR 2.390(d)(1  
~ . or by calling the FOIA Public Liaison at (301) 415-1276.
). The information was submitted by a foreign source and received in confidence pursuant to 10 CFR 2.390(d)(2).
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 20740-6001. For additional information about OGIS, please visit the OGIS website at bttps*//www,arcbbLes,gQv/QQis..
Disclosure will harm an identifiable private or governmental interest.
 
Exemption 5: The withheld information consists of interagency or intra agency records that are not available through discovery during litigation.
NRC FORM 464 Part I                                 U.S. NUCLEAR REGULATORY COMMISSION       NRC                RESPONSE~NUMBE,R (03-2018)
D Applicable privileges:
RESPONSE TO FREEDOM OF                                     INRC 2018 00004911          1 INFORMATION ACT (FOIA) REQUEST RE~~;sE  D    INTERIM  I./ I FINAL PART I.D -- COMMENTS Please note:
Deliberative process: Disclosure of predecisional information would tend to inhibit the open and frank exchange of ideas essential to the deliberative process. Where records are withheld in their entirety, the facts are inextricably intertwined with the predecisional information.
The requested responsive records are enclosed.
Signature - Freedom of Information Act Officer or Designee
                                                                        **, Digitally signed by Stephanie A. Blaney Stephanie A. Blaney                                               6
                                                                    ) '..---'(;)ate: 2018.04.12 14:11:37-04'00'
 
N,RC F0Rlll1 464 Part 11                                                       U.S. NUCLEAR REGULATORY COMMISSION               FOIA/PA (08-2013)   ,.,,.,........
          +<l             "'&deg;o~*                                                                                                             NRC 2018 000049
          '! .               *~               RESPONSE TO FREEDOM OF INFORMATION                                                  DATE
          \                 ,:i               ACT (FOIA) / PRIVACY ACT (PA) REQUEST
                .,........+r1:
            +.,,:a.*"*,                                                                                                                                4/12/18 PART II.A -- APPLICABLE EXEMPTIONS GROUP                   I       Records subject to the request that are contained in the specified group are being withheld in their entirety or in part under the IX~ - - - - ~
  .                                Exemption No.(s) of the PA and/or the FOIA as indicated below (5 U.S.C. 552a and/or 5 U.S.C. 552(b)).
D.       Exemption 1: The withheld information is properly classified pursuant to Executive Order 12958.
D         Exemption 2: The withheld information relates solely to the internal personnel rules and practices of NRC.
D*       Exemption 3: The withheld information is specifically exempted from public disclosure by 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., Section 4702(b), prohibits the disclosure of contractor proposals in the possession and control of an executive agency to any person under section 552 of Title 5, U.S.C. (the FOIA), except when incorporated into the contract between the agency and the submitter of the proposal.
D         Exemption 4: The withheld information is a trade secret or commercial or financial information that is being withheld for the reason(s) indicated.
D           The information is considered to be confidential business (proprietary) information:
D            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 ~pecial nuclear material pursuant to 10 CFR 2.390(d)(1 ).
D            The information was submitted by a foreign source and received in confidence pursuant to 10 CFR 2.390(d)(2).
D            Disclosure will harm an identifiable private or governmental interest.
D        Exemption 5: The withheld information consists of interagency or intra agency records that are not available through discovery during litigation.
Applicable privileges:
Deliberative process: Disclosure of predecisional information would tend to inhibit the open and frank exchange of ideas essential to the D            deliberative process. Where records are withheld in their entirety, the facts are inextricably intertwined with the predecisional information.
There also are no reasonably segregable factual portions because the release of the facts would permit an indirect inquiry into the predecisional process of the agency.
There also are no reasonably segregable factual portions because the release of the facts would permit an indirect inquiry into the predecisional process of the agency.
* D Attorney work-product privilege. (Documents prepared by an attorney in contemplation of litigation)
* D             Attorney work-product privilege. (Documents prepared by an attorney in contemplation of litigation)
D Attorney-client privilege. (Confidential communications between an attorney and his/her client) Exemption 6: The withheld information 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.
D           Attorney-client privilege. (Confidential communications between an attorney and his/her client)
D D D D (A) Disclosure could reasonably be expected to interfere with an enforcement proceeding (e.g., it would reveal the scope, direction, and focus of enforcement efforts, and thus could possibly allow recipients to take action to shield potential wrong doing or a violation of NRC requirements from investigators). (C) Disclosure could constitute an unwarranted invasion of personal privacy. (D) The information consists of names of individuals 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. D (F) Disclosure could reasonably be expected to endanger the life or physical safety of an individual.
Exemption 6: The withheld information is exempted from public disclosure because its disclosure would result in a clearly unwarranted 0                                    invasion of personal privacy.
D OTHER (Specify)
D        Exemption 7.: The withheld information consists of records compiled for law enforcement purposes *and is being withheld for the reason(s) indicated.
I PART 11.8 --DENYING OFFICIALS Pursuant to 1 O CFR 9.25(g), 9.25(h), and/or 9.65(b) of the U.S. Nuclear Regulatory Commission regulations, it has been determined that the information withheld is exempt from production or disclosure, and that its production or disclosure is contrary to the public interest.
(A) Disclosure could reasonably be expected to interfere with an enforcement proceeding (e.g., it would reveal the scope, direction, and D                      focus of enforcement efforts, and thus could possibly allow recipients to take action to shield potential wrong doing or a violation of NRC requirements from investigators).
The person responsible for the denial are those officials identified below as denying officials and the FOIA/PA Officer for any denials that may be appealed to the Executive Director for Operations (EDO). RECORDS DENIED APPELLATE OFFICIAL DENYING OFFICIAL TITLE/OFFICE EDO SECY IG Stephanie Blaney FOIA/P A Officer X 0DD D D LJ DOD Appeal must be made in writing within 30 days of receipt of this response.
D            (C) Disclosure could constitute an unwarranted invasion of personal privacy.
Appeals should be mailed to the FOIA/Privacy Act Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, for action by the appropriate appellate official(s).
(D) The information consists of names of individuals and other information the disclosure of which could reasonably be expected to reveal D                        identities of confidential sources.
You should clearly state on the envelope and letter that it is a "FOIA/PA Appeal." NRC FORM 464 Part II (08-2013)
D            (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.
Chidichimo, Gabriele From: l<b)(6) I Sent: To: Thursday.
D           (F) Disclosure could reasonably be expected to endanger the life or physical safety of an individual.
March 16, 2017 2:14 PM Ennis, Tina  
D         OTHER (Specify)
I PART 11.8 -- DENYING OFFICIALS Pursuant to 10 CFR 9.25(g), 9.25(h), and/or 9.65(b) of the U.S. Nuclear Regulatory Commission regulations, it has been determined that the information withheld is exempt from production or disclosure, and that its production or disclosure is contrary to the public interest. The person responsible for the denial are those officials identified below as denying officials and the FOIA/PA Officer for any denials that may be appealed to the Executive Director for Operations (EDO).
APPELLATE OFFICIAL DENYING OFFICIAL                                                 TITLE/OFFICE                                 RECORDS DENIED                        EDO     SECY       IG Stephanie Blaney                                 FOIA/PA Officer                                             X                                           0DD D D               LJ DOD Appeal must be made in writing within 30 days of receipt of this response. Appeals should be mailed to the FOIA/Privacy Act Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, for action by the appropriate appellate official(s). You should clearly state on the envelope and letter that it is a "FOIA/PA Appeal."
NRC FORM 464 Part II (08-2013)
 
Chidichimo, Gabriele From:                         l<b)(6)                         I Sent:                               Thursday. March 16, 2017 2:14 PM To:                                  Ennis, Tina


==Subject:==
==Subject:==
[External_Sender]
[External_Sender] Re: RE: Re: 2017-0415 FOIA Request Yes, thanks.
Re: RE: Re: 2017-0415 FOIA Request Yes, thanks. On 03/16/17, Ennis, Tina<TINA.ENNIS@nrc.gov>
On 03/16/17, Ennis, Tina<TINA.ENNIS@nrc.gov> wrote:
wrote: You are welcome. So, you agree to withdraw your new request, 2017-0415, correct? FOIA Analyst {Contractor)
You are welcome. So, you agree to withdraw your new request, 2017-0415, correct?
OCIO/GEMS/ISB U.S. Nuclear Regulatory Commission Location:
FOIA Analyst {Contractor)
T-SFlS I Mailstop:
OCIO/GEMS/ISB U.S. Nuclear Regulatory Commission Location: T-SFlS I Mailstop: T-SF09
T-SF09 ~301-415-5616
~301-415-5616       [a Tina.Ennis@nrc.gov From:l<b)(6)
[a Tina.Ennis@nrc.gov From:l<b)(6)
Sent: Thursday, March 16, 2017 2:01 PM To: Ennis, Tina <TINA.ENNIS@nrc.gov>
Sent: Thursday, March 16, 2017 2:01 PM To: Ennis, Tina <TINA.ENNIS@nrc.gov>
Subjed: (External_Sender]
Subjed: (External_Sender] Re: 2017-0415 FOIA Request Yes, that's great Thank you very much.
Re: 2017-0415 FOIA Request Yes, that's great Thank you very much. Michael Ravnitzky On 03/16/17, Ennis, Tina<TINA.ENNIS@nrc.gov>
Michael Ravnitzky On 03/16/17, Ennis, Tina<TINA.ENNIS@nrc.gov> wrote:
wrote: 1 Good afternoon Mr. Ravnitzky:
1
Your attached FOIA request, 2017-0415, which seeks the disposition of records from the NRC Foreign Intelligence Information Program, which was terminated in 2003. and its history and/or overview and/or description, is also included as part of the response to another request that you submitted, 2017-0409 (still being processed), which seeks copies of Yellow Announcements* (YA). Please find YA attached, and let me know if this satisfies your new request, 2017-0415.
 
Thank you. FOJA Analyst (Contractor)
                                                                                                  - I Good afternoon Mr. Ravnitzky:
Your attached FOIA request, 2017-0415, which seeks the disposition of records from the NRC Foreign Intelligence Information Program, which was terminated in 2003. and its history and/or overview and/or description, is also included as part of the response to another request that you submitted, 2017-0409 (still being processed), which seeks copies of Yellow Announcements*
(YA). Please find YA attached, and let me know if this satisfies your new request, 2017-0415.
                                                                                                  . i Thank you.
FOJA Analyst (Contractor)
OCIO/GEMS/ISB.
OCIO/GEMS/ISB.
U.S. Nuclear Regulatory Commission Location:
U.S. Nuclear Regulatory Commission Location: T-5F18 I Mailstop: T-5F09 Gibo l-415-5616 [a Tina. Ennis@nrc.gov 2
T-5F18 I Mailstop:
 
T-5F09 Gibo l-415-5616
lllC FORM ... Pat I                                       U.S. IIIUCUAR IIEGUI.A'IOllY cona1, ... FOIA                         RESPOll9E NUEER (OWOl7) l~ .....'.\.             RESPONSE TO FREEDOM OF                                      l     2017.()415 11           1 I
[a Tina. Ennis@nrc.gov 2 -I . i lllC FORM ... Pat I U.S. IIIUCUAR IIEGUI.A'IOllY cona1, ... FOIA RESPOll9E NUEER (OWOl7) l~ ..... '.\. l 2017.()415 11 I RESPONSE TO FREEDOM OF 1 ,&#xa5;) INFORIIA TION ACT (FOIA) REQUEST RISPONSE 0 INTEfll* 0 flW. ...... TYPE REQUESTER:
            ,&#xa5;) ......          INFORIIATION ACT (FOIA) REQUEST                                     RISPONSE TYPE      0     INTEfll*     0       flW.
DATE: jMichacl Ravnitzky 11 03/16/2017 I Dl!SCRPTION OF IQ!QUISTED ftECORDS:  
REQUESTER:                                                                                                                       DATE:
' Disposition of records from the NRC Foreign Intelligence Infonnation Program, which was terminated in 2003, and its history and/or overview and/or deKription PART I. -INFORMATION R!LEASED You have the right to setk assistance from the NRC's FOIA Public Liaison. Contact information for the NRC's FOIA Public Liaison is availablt at htlp$:IIWWW,_nrc.90VLIUdiog-rmJfo.lll~:!oi!l.bmll 0 Agency records 1ubject to the request 1111'9 already available on the Public NRC \Nellsite, In Public ADAMS or on microfiche in the NRC Public Document Room. 0 Agenc:y re(Ords BUbiect to ttle request are enclosed. . 0 Records subjoct to lhe requeat that contain infOfffllltion originated by or of interest to another Federel agenc:y have been referred to that agency (see commenlS section* for a diselolin determinatkln and direct response to you. D We are continuing to process your request. 0 See Comments.
jMichacl Ravnitzky Dl!SCRPTION OF IQ!QUISTED ftECORDS:                                     '
PART I.A -FEES HQEEEI AMOUN1' 0 You Will be billed by NRC for tne amount listed. 0 II II Mirwnum tee threshOlcf not met D You wil receive a refund for the amount !isled. 0 Due to our delayed response, you will -SN c .........
11    03/16/2017 I
lD,Ollllt D Fee1waived.
Disposition of records from the NRC Foreign Intelligence Infonnation Program, which was terminated in 2003, and its history and/or overview and/or deKription PART I. - INFORMATION R!LEASED You have the right to setk assistance from the NRC's FOIA Public Liaison. Contact information for the NRC's FOIA Public Liaison is availablt at htlp$:IIWWW,_nrc.90VLIUdiog-rmJfo.lll~:!oi!l.bmll 0     Agency records 1ubject to the request 1111'9 already available on the Public NRC \Nellsite, In Public ADAMS or on microfiche in the NRC Public Document Room.
not be charged fees.
0     Agenc:y re(Ords BUbiect to ttle request are enclosed. .
* PART 1.8 -INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE We did not locate ar, agerq records responsive to yow request. Nole: Agencies may trut three dlacrele categories of law D enforoement and national secunty reconjs as not *ul>Jed to the FOIA rexdusions").
Records subjoct to lhe requeat that contain infOfffllltion originated by or of interest to another Federel agenc:y have been 0      referred to that agency (see commenlS       section*   for a diselolin determinatkln and direct response to you.
5 u.s.c. 552tc}. This 11 a standard notification given to all requester11; it 1hould not be taken ID mean that 1ny excluded rec:ords do. or do not. exist D We have withheld c:ertain infofmaticn purauant to the FOIA exemptions deKribed, and for the n,aaons atatea, in Part II. D Beca1J1e 1his is an interim flllP(Vlse to YOtS request. you may not appeal at this time. We IM1I notify YO':' of your righlto aa,,eal any Of the responses we have lSsued in response to your request when we iUue our final determln.lion.
D     We are continuing to process your request.
0     See Comments.
PART I.A - FEES AMOUN1' HQEEEI 0     You Will be billed by NRC for tne amount listed.
0     Mirwnum tee threshOlcf not met II                        I  D     You wil receive a refund for the amount !isled.
0     Due to our delayed response, you will
      -SN c......... lD,Ollllt D     Fee1waived.                                                     not be charged fees.
* PART 1.8 - INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE We did not locate ar, agerq records responsive to yow request. Nole: Agencies may trut three dlacrele categories of law D notification given to all requester11; it 1hould not be taken ID mean that 1ny excluded rec:ords do. or do not. exist enforoement and national secunty reconjs as not *ul>Jed to the FOIA rexdusions"). 5 u.s.c. 552tc}. This 11 a standard D We have withheld c:ertain infofmaticn purauant to FOIA exemptions deKribed, and for the n,aaons atatea, in Part II.
the D aa,,eal Beca1J1e 1his is an interim flllP(Vlse to YOtS request. you may appeal at this time. We IM1I notify YO':' of your righlto not any Of the responses we have lSsued in response to your request when we           iUue our final determln.lion.
You ma~al fllis final determination wilhin 90 calendar days of the date of this response t? sending
You ma~al fllis final determination wilhin 90 calendar days of the date of this response t? sending
* letter or e-mail to the O FOIA O r, at U.S. Nuclear Regulatory ConunissiOn.
* letter or e-mail to the O FOIA O r, U.S. Nuclear Regulatory ConunissiOn. Washinpton. D.C. 20555-0001. or FO .Resgu:,tnn:,g9v~ Please be at aun, to include on your llltler or email that it is a "FOIA Appe81. You MVe 1tw right to ll88k dilputs ntaolu on san,icn from the NRC's Public UailOl'I, or the Office of GOvemment tnbmation Services (OGIS). Contact information for OGIS i5 a11ailablu at bml1;llasli1i.i18:bim1.QQvlil:lmil:gai&lG1H!fllil-lnfllfDllli!l!l,hb11.*
Washinpton.
PART 1.c COMMENTS ( UN allllched Comments continuation oaa* If Nnulntd)
D.C. 20555-0001.
In an email dated March 16, 2017, you agreed to withdraw your request since it is dupiicative of another request (FOIA-20!7-0409) you previously filed.
or FO .Resgu:,tnn:,g9v~
          -.flNClomof                 Act Officer or c..1anee
Please be aun, to include on your llltler or email that it is a "FOIA Appe81. You MVe 1tw right to ll88k dilputs ntaolu on san,icn from the NRC's Public UailOl'I, or the Office of GOvemment tnbmation Services (OGIS). Contact information for OGIS i5 a11ailablu at bml1;llasli1i.i18:bim1.QQvlil:lmil:gai&lG1H!fllil-lnfllfDllli!l!l,hb11.*
    /'//ll,J._ , f l ( ~
PART 1.c COMMENTS ( UN allllched Comments continuation oaa* If Nnulntd) In an email dated March 16, 2017, you agreed to withdraw your request since it is dupiicative of another request (FOIA-20!7-0409) you previously filed. --.flNClomof  
NRC Form 484 Part I (0~2017)         V Mic.ti         ........                                         . . . . $..* . Y
.. Act Officer or c..1anee /'//ll,J._ ,fl(~ NRC Form 484 Part I (0~2017) V Mic.ti ........ .:::a'~lilii'_,.., .* "!' Y . . . . $. . , .. .:aof2 UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D,C. 20555--000I March 16, 2017 FOIA/PA-2017.{)0415 Michael Ravnitzky.
                                                                                                    .:::a'~lilii'_,..,     "!'
l(b)(6)  
                                                                                                                                            , ...:aof2
 
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D,C. 20555--000I March 16, 2017 FOIA/PA-2017.{)0415 Michael Ravnitzky.
l(b)(6)


==Dear Mr. Ravnitzky:==
==Dear Mr. Ravnitzky:==


We received your Freedom of Information Act (FOIA} request on March 16, 2017. Your request which seeks the disposition of records from the NRC Foreign Intelligence Information Program, and its history and/or overview and/or description, has been assigned the following reference number that you should use in any future communications with us about your request: FOIA/PA-2017-00415.
We received your Freedom of Information Act (FOIA} request on March 16, 2017.
To ensure the most equitable treatment possible of all requesters, the NRC processes requests on a first-In, first-out basis, using a multiple track system based upon the estimated time ii will take to process a request. Based on your description of the records you are seeking, we estimate completion of your request will be on or before April 13, 2017. Please know that this date roughly estimates how long it will take us to close requests ahead of yours in the respective track and complete work on your request. The actual date of completion might be before or after this estimate, based on the complexity of all of the requests in the simple track. We will advise you of any change in the estimated time to complete your request. In an effort to process your request promptly, you may wish to narrow the scope of your request to limit the volume of potentially responsive records. For purposes of assessing fees in accordance with our regulations (10 CFR 9.33), we have placed your request in the following category:
Your request which seeks the disposition of records from the NRC Foreign Intelligence Information Program, and its history and/or overview and/or description, has been assigned the following reference number that you should use in any future communications with us about your request: FOIA/PA-2017-00415.
Non-Excepted.
To ensure the most equitable treatment possible of all requesters, the NRC processes requests on a first-In, first-out basis, using a multiple track system based upon the estimated time ii will take to process a request. Based on your description of the records you are seeking, we estimate completion of your request will be on or before April 13, 2017.
If applicable, you will be charged
Please know that this date roughly estimates how long it will take us to close requests ahead of yours in the respective track and complete work on your request. The actual date of completion might be before or after this estimate, based on the complexity of all of the requests in the simple track. We will advise you of any change in the estimated time to complete your request.
In an effort to process your request promptly, you may wish to narrow the scope of your request to limit the volume of potentially responsive records.
For purposes of assessing fees in accordance with our regulations (10 CFR 9.33), we have placed your request in the following category: Non-Excepted. If applicable, you will be charged
* appropriate fees for: Search and Duplication of Records.
* appropriate fees for: Search and Duplication of Records.
* A sheet has been enclosed that explains in detail the fee charges that may be applicable.
* A sheet has been enclosed that explains in detail the fee charges that may be applicable.
Please do not submit any payment unless we notify you to do so.
Please do not submit any payment unless we notify you to do so.
--**------**---
 
The following person is the Government Information Specialist who has been assigned responsibility for your request Tina Ennis at 301-415-5616 or Tina.Ennis@nrc.gov.
The following person is the Government Information Specialist who has been assigned responsibility for your request Tina Ennis at 301-415-5616 or Tina.Ennis@nrc.gov.
If you have questions on any matters concerning your F01A request, please feel free to contact the assigned Government Information Specialist or me at (301) 415-7169.  
If you have questions on any matters concerning your F01A request, please feel free to contact the assigned Government Information Specialist or me at (301) 415-7169.
Sincerely, Stephanie A. Blaney FOIA Officer Office of the Chief Information Officer


==Enclosures:==
==Enclosures:==


Expfanation of Fees Sincerely, Stephanie A. Blaney FOIA Officer Office of the Chief Information Officer 
Expfanation of Fees
* -............
 
U O o* 0
                    * - ............ U O o* 0
* o* 0 *-........ N,' 100 0 .........
* o* 0 *- . . . . . . . . N,' 100 0 ......... 0 0 -,* 0
0 0 -,* 0
* 0
* 0
* EXPLANATION OF FEES Requester Fee Categories Commercial:
* EXPLANATION       OF FEES Requester Fee Categories Commercial: Fees are charged for document search. duptication. and review. when records are requested for oommerclal purposes. Fees (above the minimum fee charge) cannot be waived for this category of requester.
Fees are charged for document search. duptication.
Educational, Non-Commercial Scientific, News Media and Privacy Act: Fees may be charged only for document duplication when records are not sought for ex>mmercial use and lhe request Is made by an Educational or Non-Commercial Scientific Institution, whose purpose is scholarly or scientific research; or a Representative of the News Media; or a person requesting his/her own records that are In a Privacy Act system of records. No fee Is charged for the first one hundred pages of duplicaUon for this category of requester.
and review. when records are requested for oommerclal purposes.
Non-Excepted: For any request not described above (Non-Excepted), fees may be diarged for document search and duplication. No fee is charged for the first two hours of search time or for the first one hundred pages of duplication for this category of requester.
Fees (above the minimum fee charge) cannot be waived for this category of requester.
Fae Schedules Fee schedules provide only for the recovery of the direct costs of search. duplication. or review. Review oosts include only the costs for Initial examinalion of a document lo detennlne wtlelher II must be disclosed and lo detennine whether to withhold portions that are exempt from disclosure. The fee schedule is as follows:
Educational, Non-Commercial Scientific, News Media and Privacy Act: Fees may be charged only for document duplication when records are not sought for ex>mmercial use and lhe request Is made by an Educational or Commercial Scientific Institution, whose purpose is scholarly or scientific research; or a Representative of the News Media; or a person requesting his/her own records that are In a Privacy Act system of records. No fee Is charged for the first one hundred pages of duplicaUon for this category of requester.
Search & Review Conducted By                                                                                   Rate
Non-Excepted:
            ! SES/COMMISSIONER                                                           $90.53/hour           (ES-maximum)
For any request not described above (Non-Excepted), fees may be diarged for document search and duplication.
            ! PROFESSIONAL                                                               $56.36/hour           (GG-13, Step 6)
No fee is charged for the first two hours of search time or for the first one hundred pages of duplication for this category of requester.
            ! CLERICAL                                                                   $25.16/hour           (GG-7, Step 7)
Fae Schedules Fee schedules provide only for the recovery of the direct costs of search. duplication.
Dull!lle!!tlon Cham!!!                                                         $.20 per page Fees for non-standard search or duplication wi~ be Charged at the actual cost (e.g. providing copying of audio tapes or conducting computer searches).
or review. Review oosts include only the costs for Initial examinalion of a document lo detennlne wtlelher II must be disclosed and lo detennine whether to withhold portions that are exempt from disclosure.
Minimum Fee: No fee will be charyed unless the fee is equal to or greater than $25.00.
The fee schedule is as follows: Search & Review Conducted By Rate ! SES/COMMISSIONER  
When to Pay Fees If we estimate that fees wlll not exceed $25.00 or you have slated In your request a higher amount that you are willing to pay, we assume your wilHngness to pay up to $25 or the amount stipulated and you will be billed after we have completed your requesl.
$90.53/hour (ES-maximum)  
If we estimate that fees Will exceed $25.00 or any amount that has been stated by you in your request. we will not proceed with your request until we have notified you and obtained your agreement to pay the estimated fees.
! PROFESSIONAL  
If we estimate fees will e11ceed $250, you Will be required to pay the estimated fees In advance before we proceed further with your request. If, whlle processing your request, we find that the actual fees exceed the estimated fee, we will obtain your consent to pay the additional fees before continuing to Pf'OCBSS your request. If the actual fees to process your request are less than any advance payment you have made. you will be refunded the overpayment amount.
$56.36/hour (GG-13, Step 6) ! CLERICAL $25.16/hour (GG-7, Step 7) Dull!lle!!tlon Cham!!! $.20 per page Fees for non-standard search or duplication wi~ be Charged at the actual cost (e.g. providing copying of audio tapes or conducting computer searches).
Fe1Walvers A waiver or reduction of fees may be granted for furnishing documents if a requester, by fully addressing the eight factors in 10 CFR 9.41, clearly demonstrates that disclosure of the lnfonnallon is In the public intE!l'est because it is likely to contribute significanUy to public understanding of the operations or activities of the government and is not primarily in the commercial lnlerest of the requester.
Minimum Fee: No fee will be charyed unless the fee is equal to or greater than $25.00. When to Pay Fees If we estimate that fees wlll not exceed $25.00 or you have slated In your request a higher amount that you are willing to pay, we assume your wilHngness to pay up to $25 or the amount stipulated and you will be billed after we have completed your requesl. If we estimate that fees Will exceed $25.00 or any amount that has been stated by you in your request. we will not proceed with your request until we have notified you and obtained your agreement to pay the estimated fees. If we estimate fees will e11ceed $250, you Will be required to pay the estimated fees In advance before we proceed further with your request. If, whlle processing your request, we find that the actual fees exceed the estimated fee, we will obtain your consent to pay the additional fees before continuing to Pf'OCBSS your request. If the actual fees to process your request are less than any advance payment you have made. you will be refunded the overpayment amount. Fe1Walvers A waiver or reduction of fees may be granted for furnishing documents if a requester, by fully addressing the eight factors in 10 CFR 9.41, clearly demonstrates that disclosure of the lnfonnallon is In the public intE!l'est because it is likely to contribute significanUy to public understanding of the operations or activities of the government and is not primarily in the commercial lnlerest of the requester.
 
*** **-****" ****** ..... -.....................
        *** **-****" ****** ..... - ....................._ ** ..
_ ** ..
* II-,"' ,.~. ...... * * * * * *** ***** **** ., ......... ,. ...... *-* * - ....,,... ** .. * .* ** * ** *
* II-,"' ,.~. ...... * * * * * *** ***** **** ., .........  
* CASE NO: 2017*0415 DATE REC'D: 03/16/17 SPECIALIST:
,. ...... *-* *-.... ,,... ** .. * .* * * * ** *
RELATED CASE:
* February 28, 2017 U.S. Nuclear Regulatory Commission FOIA Officer Mallstop:
February 28, 2017 U.S. Nuclear Regulatory Commission FOIA Officer Mallstop: T-5 F08 Washington, DC 20555-0001 Fax: 301-415-5130 Email: FOIA.resource@nrc.gov This is a request for records under the provisions of the Freedom of Information Act.
T-5 F08 Washington, DC 20555-0001 Fax: 301-415-5130 Email: FOIA.resource@nrc.gov CASE NO: 2017*0415 DATE REC'D: 03/16/17 SPECIALIST:
I request a copy of documents discussing
RELATED CASE: This is a request for records under the provisions of the Freedom of Information Act. I request a copy of documents discussing
: 1) the disposition of records from the NRC Foreign Intelligence Information Program, which was terminated in 2003.
: 1) the disposition of records from the NRC Foreign Intelligence Information Program, which was terminated in 2003. 2) a history and/or overview and/or description of the NRC Foreign Intelligence Information Program This is a noncommercial individual request. I agree to pay up to 25 dollars for applicalile fees if necessary.
: 2) a history and/or overview and/or description of the NRC Foreign Intelligence Information Program This is a noncommercial individual request. I agree to pay up to 25 dollars for applicalile fees if necessary.
Sincerely, Michael Ravnitzky (b)(6) =*-*}}
Sincerely,
~~
Michael Ravnitzky (b)(6)
                                                                                                                                                  =*- *}}

Latest revision as of 09:37, 23 February 2020

NRC-2018-000049 - Resp 1 - Final
ML18103A211
Person / Time
Issue date: 04/12/2018
From: Stephanie Blaney
NRC/OCIO
To: Tarver J
- No Known Affiliation
References
FOIA, FOIA-2017-0415, NRC-2018-000049
Download: ML18103A211 (10)
v • d • e


Text

NRC FORM 464 Part I U.S. NUCLEAR REGULATORY COMMISSION NRC RESPONSE NUMBER (03-2018) ti

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  • t RESPONSE TO FREEDOM OF INRC 2018 00004911 1 I

t;  ;

INFORMATION ACT (FOIA) REQUEST

  • \lf-.,

......... .:I

+d'

RESPONSE

TYPE D INTERIM 0 FINAL REQUESTER: DATE:

04/12/2018

!Julian Tarver 11 I DESCRIPTION OF REQUESTED RECORDS:

Internal communication related to FOIA 2017-0415 PART I. -- INFORMATION RELEASED D The NRC has made some, or all, of the requested records publicly available through one or more of the following means:

(1) .bttQ_s://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.

[Z] 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.

[Z] See Part I.D -- Comments.

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

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

I $0.00 I D You will receive a refund for the amount indicated.

Due to our delayed response, you will not D Fees waived. D be charged fees.

PART I.B -- 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.

[Z] We have withheld certain information pursuant to the FOIA exemptions described, and for the reasons stated, in Part II.

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.

[Z] 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 Comrnission, 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 Appeal."

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/

~ . 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 20740-6001. For additional information about OGIS, please visit the OGIS website at bttps*//www,arcbbLes,gQv/QQis..

NRC FORM 464 Part I U.S. NUCLEAR REGULATORY COMMISSION NRC RESPONSE~NUMBE,R (03-2018)

RESPONSE TO FREEDOM OF INRC 2018 00004911 1 INFORMATION ACT (FOIA) REQUEST RE~~;sE D INTERIM I./ I FINAL PART I.D -- COMMENTS Please note:

The requested responsive records are enclosed.

Signature - Freedom of Information Act Officer or Designee

    • , Digitally signed by Stephanie A. Blaney Stephanie A. Blaney 6

) '..---'(;)ate: 2018.04.12 14:11:37-04'00'

N,RC F0Rlll1 464 Part 11 U.S. NUCLEAR REGULATORY COMMISSION FOIA/PA (08-2013) ,.,,.,........

+<l "'°o~* NRC 2018 000049

'! . *~ RESPONSE TO FREEDOM OF INFORMATION DATE

\ ,:i ACT (FOIA) / PRIVACY ACT (PA) REQUEST

.,........+r1:

+.,,:a.*"*, 4/12/18 PART II.A -- APPLICABLE EXEMPTIONS GROUP I Records subject to the request that are contained in the specified group are being withheld in their entirety or in part under the IX~ - - - - ~

. Exemption No.(s) of the PA and/or the FOIA as indicated below (5 U.S.C. 552a and/or 5 U.S.C. 552(b)).

D. Exemption 1: The withheld information is properly classified pursuant to Executive Order 12958.

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

D* Exemption 3: The withheld information is specifically exempted from public disclosure by 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., Section 4702(b), prohibits the disclosure of contractor proposals in the possession and control of an executive agency to any person under section 552 of Title 5, U.S.C. (the FOIA), except when incorporated into the contract between the agency and the submitter of the proposal.

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

D The information is considered to be confidential business (proprietary) information:

D 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 ~pecial nuclear material pursuant to 10 CFR 2.390(d)(1 ).

D The information was submitted by a foreign source and received in confidence pursuant to 10 CFR 2.390(d)(2).

D Disclosure will harm an identifiable private or governmental interest.

D Exemption 5: The withheld information consists of interagency or intra agency records that are not available through discovery during litigation.

Applicable privileges:

Deliberative process: Disclosure of predecisional information would tend to inhibit the open and frank exchange of ideas essential to the D deliberative process. Where records are withheld in their entirety, the facts are inextricably intertwined with the predecisional information.

There also are no reasonably segregable factual portions because the release of the facts would permit an indirect inquiry into the predecisional process of the agency.

  • D Attorney work-product privilege. (Documents prepared by an attorney in contemplation of litigation)

D Attorney-client privilege. (Confidential communications between an attorney and his/her client)

Exemption 6: The withheld information is exempted from public disclosure because its disclosure would result in a clearly unwarranted 0 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.

(A) Disclosure could reasonably be expected to interfere with an enforcement proceeding (e.g., it would reveal the scope, direction, and D focus of enforcement efforts, and thus could possibly allow recipients to take action to shield potential wrong doing or a violation of NRC requirements from investigators).

D (C) Disclosure could constitute an unwarranted invasion of personal privacy.

(D) The information consists of names of individuals and other information the disclosure of which could reasonably be expected to reveal D identities of confidential sources.

D (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.

D (F) Disclosure could reasonably be expected to endanger the life or physical safety of an individual.

D OTHER (Specify)

I PART 11.8 -- DENYING OFFICIALS Pursuant to 10 CFR 9.25(g), 9.25(h), and/or 9.65(b) of the U.S. Nuclear Regulatory Commission regulations, it has been determined that the information withheld is exempt from production or disclosure, and that its production or disclosure is contrary to the public interest. The person responsible for the denial are those officials identified below as denying officials and the FOIA/PA Officer for any denials that may be appealed to the Executive Director for Operations (EDO).

APPELLATE OFFICIAL DENYING OFFICIAL TITLE/OFFICE RECORDS DENIED EDO SECY IG Stephanie Blaney FOIA/PA Officer X 0DD D D LJ DOD Appeal must be made in writing within 30 days of receipt of this response. Appeals should be mailed to the FOIA/Privacy Act Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, for action by the appropriate appellate official(s). You should clearly state on the envelope and letter that it is a "FOIA/PA Appeal."

NRC FORM 464 Part II (08-2013)

Chidichimo, Gabriele From: l<b)(6) I Sent: Thursday. March 16, 2017 2:14 PM To: Ennis, Tina

Subject:

[External_Sender] Re: RE: Re: 2017-0415 FOIA Request Yes, thanks.

On 03/16/17, Ennis, Tina<TINA.ENNIS@nrc.gov> wrote:

You are welcome. So, you agree to withdraw your new request, 2017-0415, correct?

FOIA Analyst {Contractor)

OCIO/GEMS/ISB U.S. Nuclear Regulatory Commission Location: T-SFlS I Mailstop: T-SF09

~301-415-5616 [a Tina.Ennis@nrc.gov From:l<b)(6)

Sent: Thursday, March 16, 2017 2:01 PM To: Ennis, Tina <TINA.ENNIS@nrc.gov>

Subjed: (External_Sender] Re: 2017-0415 FOIA Request Yes, that's great Thank you very much.

Michael Ravnitzky On 03/16/17, Ennis, Tina<TINA.ENNIS@nrc.gov> wrote:

1

- I Good afternoon Mr. Ravnitzky:

Your attached FOIA request, 2017-0415, which seeks the disposition of records from the NRC Foreign Intelligence Information Program, which was terminated in 2003. and its history and/or overview and/or description, is also included as part of the response to another request that you submitted, 2017-0409 (still being processed), which seeks copies of Yellow Announcements*

(YA). Please find YA attached, and let me know if this satisfies your new request, 2017-0415.

. i Thank you.

FOJA Analyst (Contractor)

OCIO/GEMS/ISB.

U.S. Nuclear Regulatory Commission Location: T-5F18 I Mailstop: T-5F09 Gibo l-415-5616 [a Tina. Ennis@nrc.gov 2

lllC FORM ... Pat I U.S. IIIUCUAR IIEGUI.A'IOllY cona1, ... FOIA RESPOll9E NUEER (OWOl7) l~ .....'.\. RESPONSE TO FREEDOM OF l 2017.()415 11 1 I

,¥) ...... INFORIIATION ACT (FOIA) REQUEST RISPONSE TYPE 0 INTEfll* 0 flW.

REQUESTER: DATE:

jMichacl Ravnitzky Dl!SCRPTION OF IQ!QUISTED ftECORDS: '

11 03/16/2017 I

Disposition of records from the NRC Foreign Intelligence Infonnation Program, which was terminated in 2003, and its history and/or overview and/or deKription PART I. - INFORMATION R!LEASED You have the right to setk assistance from the NRC's FOIA Public Liaison. Contact information for the NRC's FOIA Public Liaison is availablt at htlp$:IIWWW,_nrc.90VLIUdiog-rmJfo.lll~:!oi!l.bmll 0 Agency records 1ubject to the request 1111'9 already available on the Public NRC \Nellsite, In Public ADAMS or on microfiche in the NRC Public Document Room.

0 Agenc:y re(Ords BUbiect to ttle request are enclosed. .

Records subjoct to lhe requeat that contain infOfffllltion originated by or of interest to another Federel agenc:y have been 0 referred to that agency (see commenlS section* for a diselolin determinatkln and direct response to you.

D We are continuing to process your request.

0 See Comments.

PART I.A - FEES AMOUN1' HQEEEI 0 You Will be billed by NRC for tne amount listed.

0 Mirwnum tee threshOlcf not met II I D You wil receive a refund for the amount !isled.

0 Due to our delayed response, you will

-SN c......... lD,Ollllt D Fee1waived. not be charged fees.

  • PART 1.8 - INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE We did not locate ar, agerq records responsive to yow request. Nole: Agencies may trut three dlacrele categories of law D notification given to all requester11; it 1hould not be taken ID mean that 1ny excluded rec:ords do. or do not. exist enforoement and national secunty reconjs as not *ul>Jed to the FOIA rexdusions"). 5 u.s.c. 552tc}. This 11 a standard D We have withheld c:ertain infofmaticn purauant to FOIA exemptions deKribed, and for the n,aaons atatea, in Part II.

the D aa,,eal Beca1J1e 1his is an interim flllP(Vlse to YOtS request. you may appeal at this time. We IM1I notify YO':' of your righlto not any Of the responses we have lSsued in response to your request when we iUue our final determln.lion.

You ma~al fllis final determination wilhin 90 calendar days of the date of this response t? sending

  • letter or e-mail to the O FOIA O r, U.S. Nuclear Regulatory ConunissiOn. Washinpton. D.C. 20555-0001. or FO .Resgu:,tnn:,g9v~ Please be at aun, to include on your llltler or email that it is a "FOIA Appe81. You MVe 1tw right to ll88k dilputs ntaolu on san,icn from the NRC's Public UailOl'I, or the Office of GOvemment tnbmation Services (OGIS). Contact information for OGIS i5 a11ailablu at bml1;llasli1i.i18:bim1.QQvlil:lmil:gai&lG1H!fllil-lnfllfDllli!l!l,hb11.*

PART 1.c COMMENTS ( UN allllched Comments continuation oaa* If Nnulntd)

In an email dated March 16, 2017, you agreed to withdraw your request since it is dupiicative of another request (FOIA-20!7-0409) you previously filed.

-.flNClomof Act Officer or c..1anee

/'//ll,J._ , f l ( ~

NRC Form 484 Part I (0~2017) V Mic.ti ........ . . . . $..* . Y

.:::a'~lilii'_,.., "!'

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UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D,C. 20555--000I March 16, 2017 FOIA/PA-2017.{)0415 Michael Ravnitzky.

l(b)(6)

Dear Mr. Ravnitzky:

We received your Freedom of Information Act (FOIA} request on March 16, 2017.

Your request which seeks the disposition of records from the NRC Foreign Intelligence Information Program, and its history and/or overview and/or description, has been assigned the following reference number that you should use in any future communications with us about your request: FOIA/PA-2017-00415.

To ensure the most equitable treatment possible of all requesters, the NRC processes requests on a first-In, first-out basis, using a multiple track system based upon the estimated time ii will take to process a request. Based on your description of the records you are seeking, we estimate completion of your request will be on or before April 13, 2017.

Please know that this date roughly estimates how long it will take us to close requests ahead of yours in the respective track and complete work on your request. The actual date of completion might be before or after this estimate, based on the complexity of all of the requests in the simple track. We will advise you of any change in the estimated time to complete your request.

In an effort to process your request promptly, you may wish to narrow the scope of your request to limit the volume of potentially responsive records.

For purposes of assessing fees in accordance with our regulations (10 CFR 9.33), we have placed your request in the following category: Non-Excepted. If applicable, you will be charged

  • appropriate fees for: Search and Duplication of Records.
  • A sheet has been enclosed that explains in detail the fee charges that may be applicable.

Please do not submit any payment unless we notify you to do so.

The following person is the Government Information Specialist who has been assigned responsibility for your request Tina Ennis at 301-415-5616 or Tina.Ennis@nrc.gov.

If you have questions on any matters concerning your F01A request, please feel free to contact the assigned Government Information Specialist or me at (301) 415-7169.

Sincerely, Stephanie A. Blaney FOIA Officer Office of the Chief Information Officer

Enclosures:

Expfanation of Fees

  • - ............ U O o* 0
  • o* 0 *- . . . . . . . . N,' 100 0 ......... 0 0 -,* 0
  • 0
  • EXPLANATION OF FEES Requester Fee Categories Commercial: Fees are charged for document search. duptication. and review. when records are requested for oommerclal purposes. Fees (above the minimum fee charge) cannot be waived for this category of requester.

Educational, Non-Commercial Scientific, News Media and Privacy Act: Fees may be charged only for document duplication when records are not sought for ex>mmercial use and lhe request Is made by an Educational or Non-Commercial Scientific Institution, whose purpose is scholarly or scientific research; or a Representative of the News Media; or a person requesting his/her own records that are In a Privacy Act system of records. No fee Is charged for the first one hundred pages of duplicaUon for this category of requester.

Non-Excepted: For any request not described above (Non-Excepted), fees may be diarged for document search and duplication. No fee is charged for the first two hours of search time or for the first one hundred pages of duplication for this category of requester.

Fae Schedules Fee schedules provide only for the recovery of the direct costs of search. duplication. or review. Review oosts include only the costs for Initial examinalion of a document lo detennlne wtlelher II must be disclosed and lo detennine whether to withhold portions that are exempt from disclosure. The fee schedule is as follows:

Search & Review Conducted By Rate

! SES/COMMISSIONER $90.53/hour (ES-maximum)

! PROFESSIONAL $56.36/hour (GG-13, Step 6)

! CLERICAL $25.16/hour (GG-7, Step 7)

Dull!lle!!tlon Cham!!! $.20 per page Fees for non-standard search or duplication wi~ be Charged at the actual cost (e.g. providing copying of audio tapes or conducting computer searches).

Minimum Fee: No fee will be charyed unless the fee is equal to or greater than $25.00.

When to Pay Fees If we estimate that fees wlll not exceed $25.00 or you have slated In your request a higher amount that you are willing to pay, we assume your wilHngness to pay up to $25 or the amount stipulated and you will be billed after we have completed your requesl.

If we estimate that fees Will exceed $25.00 or any amount that has been stated by you in your request. we will not proceed with your request until we have notified you and obtained your agreement to pay the estimated fees.

If we estimate fees will e11ceed $250, you Will be required to pay the estimated fees In advance before we proceed further with your request. If, whlle processing your request, we find that the actual fees exceed the estimated fee, we will obtain your consent to pay the additional fees before continuing to Pf'OCBSS your request. If the actual fees to process your request are less than any advance payment you have made. you will be refunded the overpayment amount.

Fe1Walvers A waiver or reduction of fees may be granted for furnishing documents if a requester, by fully addressing the eight factors in 10 CFR 9.41, clearly demonstrates that disclosure of the lnfonnallon is In the public intE!l'est because it is likely to contribute significanUy to public understanding of the operations or activities of the government and is not primarily in the commercial lnlerest of the requester.

      • **-****" ****** ..... - ....................._ ** ..
  • II-,"' ,.~. ...... * * * * * *** ***** **** ., ......... ,. ...... *-* * - ....,,... ** .. * .* ** * ** *
  • CASE NO: 2017*0415 DATE REC'D: 03/16/17 SPECIALIST:

RELATED CASE:

February 28, 2017 U.S. Nuclear Regulatory Commission FOIA Officer Mallstop: T-5 F08 Washington, DC 20555-0001 Fax: 301-415-5130 Email: FOIA.resource@nrc.gov This is a request for records under the provisions of the Freedom of Information Act.

I request a copy of documents discussing

1) the disposition of records from the NRC Foreign Intelligence Information Program, which was terminated in 2003.
2) a history and/or overview and/or description of the NRC Foreign Intelligence Information Program This is a noncommercial individual request. I agree to pay up to 25 dollars for applicalile fees if necessary.

Sincerely,

~~

Michael Ravnitzky (b)(6)

=*- *

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