ML21027A381

NRC-2018-000513 - Resp 3 - Interim. Agency Records Subject to the Request Enclosed, Part 2 of 8

ML21027A381
Person / Time
Issue date:	01/25/2021
From:	NRC/OCIO
To:
Shared Package
ML21027A378	List: ML21027A379 ML21027A380 ML21027A381 ML21027A382 ML21027A384 ML21027A385 ML21027A386 ML21027A387 ML21027A389
References
FOIA, NRC-2018-000513
Download: ML21027A381 (151)

Text

From: Stevens Margo To: Blaney Stephanie: Danoff Karen Subject : FW: FOIA-2017-0024A Date: Wednesday, February 14, 2018 11 :08:00 AM For what it's worth , I emailed the "matrix" requesters about mootness.

There is a template for the substance of what the commun ication says in the G drive but without a signature block.

Margo L Stevens JOI.JI. .Jlna(yst/'Team Leader (Contractor)

OUO/(jTJvtS/Informal1on Services 'Brandi

'I.LS. :Nudear 1tegu(atory Commission 11545 'Rocfi.vi((e 'Pifi.e, Jvtai{ Stoy 'T-2:f7

'Rocfi.vi(fe, Jvtary(ana 20852 Te(eyn.one #: (.w1) 415-8148 From: Stevens, Ma rgo [1]

Sent: Wednesday, August 16, 2017 1:19 PM To: dlochbaum@ ucsusa.org Cc: Stevens, M argo <Margo.Stevens@n rc.gov>

Subject:

FOIA-2017-0024A By letter dated October 17, 2016, you appealed the lack of a timely response to your August 19, 2016, Freedom of Information Act (FOIA) request, FOIA-2016-0664. Your appeal was assigned the reference number, FOIA-2016-0664. Your request sought access to 22 records. Due to the volume of records, the involvement of multiple program offices, and the presence of equities of another Federal agency with which we had to consult, we were unable to complete the processing of your request under the statutory time frame applicable to such complex requests. However, we did provide three interim responses as our work progressed. Now that we have issued the fourth, and final, response to you , your "constructive denial" appeal is now considered moot and we are administratively closing our appeal file Thank you.

Information Services Branch, MS : O-4A15 Governance & Enterprise Management Services Division Office of the Chief Information Officer U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001

FOIA.Resource@nrc.gov Ph: 301-415-7169 Fax: 301-415-5130 From: EOIA Resource To : Dave Lochbaurn Cc : Stevens Margo Subject : FO IA/PA-20 17-0664 Final Response The attached 4th and final response is publicly Date: Tuesday, August 15, 2017 2:30 :03 PM Attachments: Final Response .odf available in ADAMS as ML20293A215.

Dear Mr. Lochbaum :

Please find attached NRC 's final response to your FOIA request, FOIA/PA-2016-00664.

Please take a moment to help us improve our FOIA processes, and let us know what your experience has been. Just click on this embedded link: http://www.nrc.gov/reading-rm/foia/foia-user-survey.html. Once you have completed the survey , just click the "SUBMIT" button and your survey response will be returned to us_

Thank you ,

Information Services Branch , MS: O-4A 15 Governance & Enterprise Management Services Division Office of the Chief Information Officer U.S. Nuclear Regulatory Commission Washington , D.C . 20555-0001 FOIA.Resource@nrc.gov Ph: 301-415-7169 Fax: 301-415-5130

From: Blaney Stephanie To: Stevens Margo Subject : RE: Records responsive to FOIA-2016-0664#4(FINAL) and 2016-0065#4 (FINAL) and 2016-0731#17 are ready for your review!

Date: Tuesday, August 15, 2017 1 :42:31 PM The 4th and final responses are publicly available in Attachments: NBC 464 Part I 2016-0665# 4 (FINAL\.odf ADAMS as ML20293A215 (FOIA/PA-2016-0664) and NRCA64 Part 1_2016-066.!#4 (flt:jAL).pdf NBC 464 Part II 2016-0664#4 IFINALl pd( ML20293A223 (FOIA/PA-2016-0665). The concurrence NRG 464 Part II 2016-0665#4 (FINAL).od( copies are included herein.

Signed.

From: Stevens, Margo Sent: Tuesday, August 15, 2017 11:39 AM To: Blaney, Stephanie <Stephanie.Blaney@nrc.gov>

Subject:

RE: Records respons ive to FO IA-2016-0664#4(FINAL) and 2016-0065#4 (FINAL) and 2016-0731#17 are ready for your review !

OK. I've attached the Forms 464 for both FOIA-2016-0664 and 2016-0665 (since they ask for the identical requests) . I'll prepare a Released Set of the records and place them on the G drive for Tina, once you electronically sign them (assuming you are comfortable with the Comments Section).

One correction - the Lieberman letter was released, with only Criscione*s PII redacted, as part of the response to 2016-0071 (which was his request, but since we were making it public, we told him we'd redact his home address). So the OSC names that were copied are publicly known. But I thought mentioning that in the Form 464 would only be confusing since the version that Larry added to ADAMS (and is responsive herein) is the version the way OIG released it. So that's all I mentioned.

M.argo L Stevens

[015\. 51..na[yst/'I'eam Lea,.l er (Contractor)

OCIO/(iTJvtS/Infonnation Services 'Branch

'U.S. :Nudear 'Regu[atory Commission 11545 1wckvil[e 'Pike, :Mai{ Stoy 'I'-2)"7

'Rockvf{(e, Jvtary(ana 20852

'I'e(eyfrone #: (.,01) 415-8148 From: Blaney, St ephanie Sent: Tuesday, August 15, 20 17 10:53 AM To: Stevens, M argo <Margo,Stevens@nrc,gov>

Subject:

RE: Records responsive to FO IA-2016-0664#4( FINAL) and 2016-0065#4 (FINAL) and 2016-0731#17 are ready for you r review !

Comments in blue.

From: Stevens, Margo Sent: Monday, August 14, 2017 7:34 AM To: Blaney, Stepha nie <Stephanie.Blaney@nrc.gov>

Subject:

Records responsive t o FOIA-2016-0664#4(FINAL) and 2016-0065#4 (FINAL) and 2016-0731#17 are ready for you r review!

Stephanie, there are seven records responsive to 2016-0664 and 2016-0665. These requests are identical (David Lochbaum and Darth Vader). 2016-0731 is Lucas Hixson's request; it asks for these same seven records plus one additional record (which was the subject of the 2016-0785#2(FINAL) and 2016-0721 #4(FINAL) responses we issued on Friday.

To find the seven records that haven't previously been dealt with, you'll need to look in two places. Under 2016-0731 , once you load my layer, select the section named "Same Docs as 2016-0607/664/665" (remember that Lochbaum withdrew 2016-0607 since the same documents were in his larger 2016-0664). Four of the records : ML16201A086, ML16201A093, ML16201A095, and ML16201A100 are there.\

(b)(5)

To find the other three (ML16202A536, ML16202A537, and ML16202A538), select the 2016-0664/2016-0665 folder, add my layer (it's the only one), and then look at p 64,75-202, and 203-204. Note the longest document by far has been determined NOT to be an agency record since the copy in the Chairman's office is actually much longer. I am good with this section too.

I'll wait to finalize the Forms 464 until after you've reviewed.

Jvlargo L Stevens J'OI.J\ .J\na(yst/Team Leader (Contractor)

OCIO/\:i'EMS/Information Services 'Brancfi

'U.S. :Nudear 1{egu(atory Commisswn 11545 'Rocli.vi((e 'Pili.e, Jvta1{ Stoy T-2;:1 Rocfi:vi((e, Jvtary(and" 20852 Te(eyfwne #: (301) 415-8148

From: Stevens Margo To: Blaney Stephanie Subject : FW: Re: test Date: Tuesday, August 15, 2017 10:57:00 AM Attachments: OGIS resoonse.pdf.

To close the loop. I'll place a copy of this in both the 2016-0664 and -0721 working folders .

Jvlargo L. Stevens

]'01.Jl .Jlna(yst/Team Leaaer (Contractor)

OCIO/(j'EJvtS/Information Services 'Brandi

'U.S. :Nudear 'Regulatory Commission 11545 1{oc/;,vi((e JJ//;,e, Jvtai{ Stoy T-2]"7

'Rockviffe, Jvtary(ana 20852 Te(epfrone #: (301) 415-8148 From: Nikki Gramian [ma ilto:nikki.gram ian@nara.gov]

Sent: Tuesday, August 15, 2017 10:44 AM To: Stevens, Margo <Margo.Stevens@nrc.gov>

Subject:

[Externa l_Sender] Re: test See attached.

thank you!

Nikki Gramian Deputy Director of OGIS (202) 741-5772 On Tue, Aug 15, 2017 at 10:43 AM, Stevens, Margo <Margo,Stevens@nrc,gov> wrote:

Got it.

Jvlargo L Stevens

.'fOJ.'A J\na(ysL/Team Leader (Contractor)

OCJO/(j'EJvtS/Information Services 'Brancfr

'U.S. :Nudear 'Regu{atory Commuswn 11545 'Rockv1((e PiRe, Jvtai(Slo_p T-2:J7

'R.OCRvi((e, Jvtary{ana 20852 Te(epfrone #: (301) 415-8148

From: Nikki Gra mian@n ara gov

Sent: Tuesday, August 15, 2017 10:42 AM To: Stevens, Margo <Margo.Stevens@ nrc.gov>

Subject:

[Extern al_Sender] t est Nikki Gramian Deputy Director of OGIS (202) 741 -5772

2/16/2017 National Archives & Records Administration Mail - Your December 6, 2016 request for OGIS assistance NATIONAL 0(i)

Carrie McGuire <carrie.mcguire@nara.gov>

ARCHIV [ ' -

Your December 6, 2016 request for OGIS assistance OGIS <ogis@nara.gov> Thu, Feb 16, 2017 at 10:52 AM To: dlochbaum@ucsusa.org

Dear Mr. Lochbaum,

This message responds to your request for assistance with your Nuclear Regulatory Commission (NRG) FOIA requests (Nos. 2016-0664 and 2016-0721). Thank you for contacting the Office of Government Information Services (OGIS).

As you may be aware, Congress created OGIS to complement existing Freedom of Information Act (FOIA) practice and procedure; we strive to work in conjunction with the existing request and appeal process. The goal is for OGIS to allow, whenever practical, the requester to exhaust his or her remedies within the agency, including the appeal process. OGIS has no investigatory or enforcement power, nor can we compel an agency to release documents. OGIS serves as the Federal FOIA Ombudsman and our jurisdiction is limited to assisting with the FOIA process.

You contacted OGIS with regard to your pending NRG requests and asked for assistance obtaining their status. In response to your submission, OGIS staff contacted NRC staff and learned that, with regard to 2016-0664, NRC estimates that it will send you an interim response later this week or next week. NRC also noted that some of the responsive records were referred to another agency and NRC awaits that agency's response. For this reason, NRC could not estimate when it will issue a f inal response to your request.

Regarding 2016-0721, NRC informed OGIS that the agency issued interim responses on 12/29/16 and 2/8/ 17. NRC is preparing another interim response that it estimates will be sent to you later this week or next week. This request also includes records that were referred to another agency; again, for this reason, NRC could not estimate when it will complete this request.

We hope that this information about the status of your requests is useful to you. Thank you for contacting OGIS .

Sincerely, The OG IS staff https://mail.google.com/mail/u/O/?ui=2&ik=4670430a94&view=pt&search=sent&msg=15a479fa28855929&siml=15a479fa28855929 1/1

From: Stevens Margo To : Remsburg Kristy Bee: Blaney Stephanie Subject : RE: FOIA 2016-0607/0664 - Referral package Date: Thursday, August 10, 2017 1 :22:00 PM Thanks much. This should allow me to close out all but one of this batch of requests!

Jvlargo L. Stevens

]'01.'A. .Jlna(yst/Team Leaaer (Contractor)

OCIO/(j'EJvtS/Information Services 'Brandi

'U.S. :Nudear 'Regulatory Commission 11545 1{oc/;_vi((e JJ//;_e, Jvtai{ Stoy T-2]"7

'Rockviffe, Jvtary(ana 20852 Te(epfrone #: (301) 415-8148 From: Remsburg, Kristy Se nt: Thursday, August 10, 2017 1:22 PM To: Stevens, M argo <Margo.Stevens@nrc.gov>

Cc: Blaney, Stepha nie <Stephanie.Blaney@nrc.gov>; Bavol, Rochelle <Rochelle.Bavol@nrc.gov>;

Bates, Andrew <And rew.Bates@nrc.gov>; Lewis, Antoinette <Antoinette.Lewis@nrc.gov>; Craver, Patti <Patti.Craver@nrc.gov>

Subject:

RE: FOIA 2016-0607/0664 - Referral package Hi Margo, I received the following from the Chairman's office shortly ago:

(b)(5)

Thanks, Kristy Kristy Remsburg Correspondence and Records Office of the Secretary U.S. Nuclear Regulatory Commission Office: 301-415-1667 From: Stevens, Ma rgo

Sent: Thursday, August 10, 2017 12:08 PM To: Remsburg, Kristy <Kristy Remsburg@nrc gov>

Subject:

RE: FOIA 2016-0607/0664 - Referral package Jvlargo .£. Stevens J"OJ..'A. ..'A.na[yst/'ream Leaaer (Contractor)

OCIO/(j'E:MS/Infonnation Services 'Brandi

'll.S. Nudear 'Regu(atory Commission 11545 'Rod.vi((e 1Jiffr, :Mai{Stoy T-2:f7 1wckviffe, :Mary[ana 20852

'Tdeyfwne #: (301) 415-81-48 From: Remsburg, Kristy Sent: Wednesday, August 09, 2017 3:44 PM To: FOIA Resource <EOIA.Resource@nrc gov>

Cc: Stevens, Margo <Margo.Steveos@nrc.gov>; Bates, Andrew <Andrew Bates@nrc.gov>; Bavol, Rochelle <Rochelle Bavol@nrc gov>; Lewis, Antoinette <Antoinette Lewjs@nrc gov>; Craver, Patti

<Patti.Craver@nrc.gov>; Bianey, Stephanie <Stepha oie.Blaney@nrc.gov>

Subject:

FOIA 2016-0607/0664 - Referral package Hi Margo, (b)(5)

(b)(5)

This closes SECY action.

If you have any questions, please let us know.

Thanks, Kristy Kristy Remsburg Correspondence and Records Office of the Secretary U.S. Nuclear Regulatory Commission Office: 301-415-1667

From: Stevens Margo To: Remsburg Kristy The six-page attachment, which was the focus Subject : RE: FOIA 2016-0607/ 0664 - Referral package Date: ,...........,......_........,....._.,..._........_............,..-'IM of this exchange, is withheld in its entirety Attachments: under FOIA exemption 5.

Yes, I do.

What I had wanted to chat aboutl (b)(5)

J'vlargo L Stevens J"OJ.Jl Jlna{ysl/T'eam Leaaer (Contractor)

OCIO/(j'EJvtS/I11format1011 Services '.Brancfi

'U.S. :.Nudear 'Regu(atory Commission 11545 'Rockviffe Pike, Jvtai{ Stoy T'-2:J7 1?.ncli.viffe, Jvtary{ana 20852 T'e(eyfwne #: (301) 415-8148 From: Remsburg, Kristy Sent: Thursday, August 10, 2017 9:22 AM To: Stevens, Margo <Margo.Stevens@nrc.gov>

Cc: Bates, Andrew <Andrew.Bates@ nrc.gov>; Bavol, Rochelle <Rochelle.Bavol@nrc.gov>; Lewis, Antoinette <Antoinette.Lewis@nrc.gov>; Craver, Patti <Patti.Craver@nrc.gov>; Blaney, Stephanie

<Stephanie.Bla ney@nrc.gov>

Subject:

RE: FOIA 2016-0607/0664 - Referral package Good Morning Margo, Thanks, Kristy Kristy Remsburg Correspondence and Records Office of the Secretary U.S. Nuclear Regulatory Commission

Office: 301-415-1667 From: Stevens, Margo Sent: Thursday, August 10, 2017 6:30 AM To: Remsburg, Kristy <Krjsty.Remsburg@nrc.gov>

Cc: Bates, Andrew <Andrew.Bates@nrc.gov>; Bavol, Rochelle <Rochelle.Bavol@nrc.gov>; Lewis, Antoinette <Antoinette Lewjs@nrc.gov>; Craver, Patti <Patti,Craver@nrc gov>; Blaney, Step hanie

<Stephanie Blaney@nrc gov>

Subject:

RE: FOIA 2016-0607/0664 - Referral package Kristy - thanks much.

(b)(5)

M.argo L Stevens

fODt .J\na(yst/'T'eam Lea<,(er (Contractor)

OCJO/(i'EMS/Information Services 'Branch

'U.S. Nudear Regufutory Commission 115451?..ocli.vi({e 1'i/i.e, :M.ar{ Sto_p T'-2]'1 Rocfi.vi({e, Jvlary(an<f 20852

'J'e{eyftone #: (301) 415-8148 From: Remsburg, Kristy Sent: Wednesday, August 09, 2017 3:44 PM To: FOIA Resource <EOIA.Resource@nrc.gov>

Cc: Stevens, Margo <Margo Stevens@nrc gov>; Bates, Andrew <Andrew Bates@nrc gov>; Bavol, Rochelle <Rochelle.Bavol@nrc.gov>; Lewis, Antoinette <Antoinette.Lewis@nrc.gov>; Craver, Patti

<Patti.Craver@nrc gov>; Blaney, Stephanie <Stephan ie Blaney@nrc gov>

Subject:

FOIA 2016-0607/0664 - Referral package Hi Margo, (b)(5)

(b)(5)

This closes SECY action.

If you have any questions, please let us know.

Thanks, Kristy Kristy Remsburg Correspondence and Records Office of the Secretary U.S. Nuclear Regulatory Commission

Office: 301-415-1667 (b)(5)

(b)(5)

(b)(5)

(b)(5)

(b)(5)

(b)(5)

From: Blaney Stephanie To: Stevens Margo Subject : RE: FOIA 2016-0607/0664 - Referral package Date: Thursday, August 10, 2017 7:37:39 AM From: Stevens, Margo Sent: Thursday, August 10, 2017 7:35 AM To: Blaney, Stephanie <Stephanie.Blaney@nrc.gov>

Subject:

RE: FOIA 2016-0607/0664 - Referral package (b)(5)

~argo L Stevens

.TOI.J\ .'A.na(ysl/Team Leaaer (Contractor)

OCIO/(j'EJvlS/Informat ion Services 'Brandi

'U.S. Nudear 1&!gu(atory Commtsswn 11545 'Rocf?.v1((e 'PiRe, Jvtai{ Stoy T-2:J7

'Roclivi((e, Jvla ry{anc{ 20852

'T'e{eyfi.one #: (301) 415-8148 From: Blaney, Stephanie Sent: Thursday, August 10, 2017 7:08 AM To: Stevens, Margo <Margo Steveos@nrc gov>

Subject:

RE: FOIA 2016-0607/0664 - Referral package (b)(5)

From: Stevens, Margo Sent: Thursday, August 10, 2017 6:30 AM To: Remsburg, Kristy <Kristy Remsburg@nrc gov>

Cc: Bates, Andrew <Andrew Bates@nrc gov>; Bavol, Rochelle < Rochelle Bavol@nrc gov>; Lewis,

Antoinette <Antoinette.Lewis@nrc.gov>; Craver, Patti <Patti.Craver@nrc.gov>; Blaney, Stephanie

<Stephanie Blaney@nrc gov>

Subject:

RE: FOIA 2016-0607/0664 - Referral package Kristy - thanks much.

(b)(5)

Margo L Stevens

JOJJ\ .Jlna(yst/'Team Lead'er (Contractor)

OCIO/{i'IJvtS/Informalion Services 'Brandi

'U.S. :Nudear 'Regu(atory Commission 11545 'Rocllvi((e 'Pilie, :Mar{ Stop 'T-2:J7

'RocRvz({e, Jvtary(ana 20852

'Te(epfwne #: (':?01) 41c;-8148 From: Remsburg, Kristy Sent: Wednesday, August 09, 2017 3:44 PM To: FOIA Resource <EOIA Resource@nrc gov>

Cc: Stevens, Margo <Margo Stevens@nrc gov>; Bates, Andrew <Andrew Bates@nrc gov>; Bavol, Rochelle <Rochelle Bavol@orc gov>; Lewis, Antoinette <Antoinette Lewjs@nrc gov>; Craver, Patti

<Patti.Craver@nrc.gov>; Bianey, Stephanie <Stephan ie.Blaney@nrc.gov>

Subject:

FOIA 2016-0607/0664 - Referral package Hi Margo, (b)(5)

(b)(5)

This closes SECY action.

If you have any questions, please let us know.

Thanks, Kristy Kristy Remsburg Correspondence and Records Office of the Secretary U.S. Nuclear Regulatory Commission Office: 301-415-1667

From : Harper Richard To : Remsburg Kristy : Clark Lisa Cc : Stevens Margo Subject : FO IA-2016-0664/ 0607 Date: Monday, July 24 , 2017 4 :30 :08 PM Kristy and Lisa, (b)(5)

Thanks, Rich Richard S. Harper Legal Counsel Office of the Chairman U.S. uclear Regul atory Commiss ion Tel: (30 1) 415-1 832 Mail Stop: 01 6- 8 33 richard har:per@nrc gov

From: Remsburg Kristy To: Stevens Margo Subject : RE: Our Phone Call Last Friday Date: Monday, July 24, 2017 8:38:32 AM OK. Thanks!

Kristy Kristy Remsburg Correspondence and Records Office of the Secretory U.S. Nuclear Regulatory Commission Office: 301-415-1667 From: Stevens, Margo Sent: Monday, July 24, 2017 8:37 AM To: Remsburg, Kristy <Kristy. Remsburg@ nrc.gov>

Subject:

RE: Our Phone Cal l Last Friday (b)(5)

Jvlargo L Stevens

]"01.'A. .Jlna(yst/'T'eam Lea(Ier (Contractor)

OCJO/(j'E:MS/Informatwn Services '.Brandi

'U.S. Jvudear Regufotory Commission 11545 Rocli.vi((e 1'ili.e, Jvlai{ Stoy '1-2:f1

'Rocl<_viffe, Jvlary{ani£ 20852

'Tdeylione #: (301) 415-8148 From: Remsburg, Kristy Sent: Monday, July 24, 2017 8:35 AM To: Stevens, Margo <Margo.Steveos@nrc.gov>

Subject:

RE: Our Phone Cal l Last Friday Hi Margo,

Thanks,

Kristy Kristy Remsburg Correspondence and Records Office of the Secretary U.S. Nuclear Regulatory Commission Office: 301-415-1667 From: Stevens, Margo Sent: Monday, July 24, 2017 6:58 AM To: Remsburg, Kristy <Kristy Remsburg@nrc gov>; FOIAPASECY Resource

<EOIAPASECY Resource@nrc gov>

Subject:

Our Phone Ca ll Last Friday Importance: High Kristy, I went back to Jennene Littlejohn in RES, who had been the staff member who had given us the records that Larry had uploaded to ADAMS.

(b)(5)

M.argo £.. Stevens JDI.Jl .Jlna(yst/Team Leat{er (Contractor)

OUO/(i'I:MS/Informalion Services '.Brandi

'U.S. :Nudear neguk1tory Commission 11545 'Rockvi((e 'Pike, Jvta i{ Stoy T-2:[7

'Rockviffe, Jvtary(ana 20852 Tdeyfrone #: (301) 415-8148

From: Littlejohn Jennene The attached record (as ultimately processed)

To : Stevens Margo Subject : Response to yo ur email regarding the record requests is addressed in response to multiple requests, Date: Friday, July 21 , 2017 6:22:15 PM including interim response# 1 to your NRC-Attachments: ML16202A536_(1 ).qd! 2018-000096. This interim response is publicly Importance: High available in ADAMS as ML20288A413.

Hi Margo, I apolog ize for the late response, I am l(b)(5) Isa today has been filled with request to process. I have attached the PDF file of ML16202A536, th is is what was saved from ADAMS. I scanned through both files and they appear to be the same files . I didn 't do an extensive look through both documents in their entirety but go through the first 15 pages.

Thank you .

Jennene Littlejohn

From: Littlejohn Jennene To: Stevens Margo

Subject:

RE: The group of requests for the records placed in ADAMS Date: Friday, July 21, 2 017 2:48:12 PM Hi Margo, Let me check what I have. I know for a fact that I sent you what I saved from ADAMS.

Jennene From: St evens, Margo Sent: Friday, July 21, 20 17 1:28 PM To: Litt lejohn, Jen nene <Jenn ene.Littlejohn@ nre.gov>

Subject:

The group of request s for the records placed in ADAM S Importance: High Hello Jennene. Although we have made major inroads into completing the various FOIA requests we received for these records, there is still a bit more to do.

WE had referred a number of the documents to SECY since they were emails Mr. Criscione had sent the Chairman.

I just had a call from SECY's FOIA Coordinator with a question about ML16202A536. The copy we received from RES is a PDF file consisting of 129 pages. SECY pulled the copy of the email he had sent them, and it is different (e.g., there are pages they have that are not in the copy we have).

I just want to confirm that what Mr. Criscione had added into ADAMS is the same 129-page document that I have been working with. I've attached it here, too.

Can you possibly double check this right away and get back to me please? I really appreciate it.

Jvt.argo L. Stevens J'OI.'A. .'Ana(ysl/Team Leatfer (Contractor)

OCIO/(j'EJvt.5/Information Services 'Brandi

'U.S. Nudear 'ReguCatory Commission 11545 'Rocli.vi((e 1J1/i.e, Jvtai{Stoy T-2]'1

'Rockvi({e, Jvtaryfana 20852 Te(eyfrone #: (301) 415-8148

The attached record (as ultimately processed ) is From : Stevens Margo addressed in response to multiple requests, including To : Litt lejohn Jennene interim response # 1 to your NRC-2018-000096.

Subject : The group of requests for the records placed in ADAMS Date: Friday, July 21 , 2017 1 :27:00 PM This interim response is publicly available in ADAMS Attachments: ML 16202A5~!)df as ML20288A413.

Importance : High Hello Jennene. Although we have made major inroads into completing the various FOIA requests we received for these records , there is still a bit more to do.

WE had referred a number of the documents to SECY since they were emails Mr. Criscione had sent the Chairman .

I just had a call from SECY's FOIA Coordinator with a question about ML16202A536. The copy we received from RES is a PDF file consisting of 129 pages. SECY pulled the copy of the email he had sent them, and it is different (e.g., there are pages they have th at are not in the copy we have).

I just want to confirm that what Mr. Criscione had added into ADAMS is the same 129-page document that I have been working with . I've attached it here, too.

Can you possibly double check this right away and get back to me please? I really appreciate it.

Jvt.argo L. Stevens JOI.JI. .J\.na[yst/'I'eam Leader (Contractor)

OCIO/<;i'E:JvlS/ Inforrnation Services 'Brandi

'll.S. :Nudear 'Regu[atory Commission 11545 1wclivi((e Pike, Jvt.ai[Stoy T'-2:f1

'Rockviffe, Jvt.aryrana 20852

'I'e[eyfione #: (301) 415-8148

From : Remsburg Kristy To : Stevens Margo Subject : RE: FO IA-20 16-0664 Date: Thursday, May 18, 2017 3: 17 :42 PM Thank you so much Margo!

Kristy Kristy Remsburg Correspondence and Records Office of the Secretary U.S. Nuclear Regulatory Commission Office: 301-415-1667 From: Stevens, Margo Sent: Thursday, May 18, 2017 2:32 PM To: Remsburg, Kristy <Kristy.Remsburg@n rc.gov>

Subject:

FOIA-2016-0664 I just went ahead and deleted the January 2017 tasking that Karen had sent you in the above-referenced request. That way it won 't affect SECY's performance metric.

Jvt.argo L Stevens

JOI.JI. .J\.na{yst/'T'eam Leaaer (Contractor)

OCIO/(i'E:MS/Information Services '.Brandi

'U.S. :N'udear 'Regu{atory Commission 11545 1"{ockvi((e 1)i/ie, :Mai{ Stoy 'T'-2:[7 noc/ivi((e, :Maryfana 20852

'T'e{eyfwne #: (301) 415-8148

The four attached records (as ultimately From: Stevens Margo To : FOIAPASECY Resource processed) are addressed in response to Cc : Remsburg Kristy multiple requests, including interim responses #

Subject : Referral of 8 Records Responsive to Multi ple Requests 1 and # 7 to your NRC-2018-000096.

Date: Thursday, May 18, 20 17 1:51:00 PM Responses # 1 and # 7 are publicly available in Attachments: ML16202A536.pdf MLJ 6202A537 odf ADAMS as ML20288A413 and ML20288A417, MLJ 6202A538 odf respectively.

ML16242A343.pdf This is the second (and last) group of documents.

Jvlargo L. Stevens

f0I5t ..'Ana{yst/Team Leaaer (Contractor)

OCIO/(j'EJvlS/Information Services 'Brandi

'U.S. Nudear 'Regu{atory Commission 11545 'RocR.vi((e 'PiR.e, Jvlai{ Stoy T-2:f7

'RocR.vi((e, Jvlary{ana 20852 Te{eyfwne #: (301) 415-8148

From: Stevens Margo To : FOIAPASECY Resource Cc : Remsburg Kristy Subject : Referral of 8 Records Responsive to Multi ple Requests The attached four records (as ultimately processed)

Date: Thursday, May 18, 20 17 1:49 :00 PM are addressed in response to multiple requests, Attachments: "ML16201A086".pdf "MLJ6201A093" pdf including interim response# 7 to your NRC-2018-

"MLJ6201A095" pdf 000096. This response is publicly available in "ML16201A100" pd!

ADAMS as ML20288A417.

Kristy, here is the first group of documents.

Jvlargo L. Stevens

f0I5t ..'Ana{yst/Team Leaaer (Contractor)

OCIO/(j'EJvlS/Information Services 'Brandi

'U.S. Nudear 'Regu{atory Commission 11545 'RocR.vi((e 'PiR.e, Jvlai{ Stoy T-2:f7

'RocR.vi((e, Jvlary{ana 20852 Te{eyfwne #: (301) 415-8148

From : EOIA Resource To : diochbaum@ucsusa org Cc : Stevens Margo The attached records are addressed in response to multiple Subject : FOIA/PA-2016-0664 Interim Response #3 requests, including interim responses # 2 and # 4 to your NRC-Date: Monday, May 01, 20171 1:35:21 AM 2018-000096 . These responses are publicly available in Attachments: Interim Response 3 .pdf ADAMS as ML203508581 and ML203508582, respectively.

Dear Mr. Lochbaum :

We are pleased to inform you that we have completed work on your request, FOIA/PA-2016-00664. We are continuing to process you r request.

Thank you .

Freedom of Information , Privacy & Information Collections Branch Customer Service Division, Office of the Chief Information Officer Mail Stop: T-5F09 U.S. Nuclear Regulatory Commission Washington , D.C. 20555-0001 EOIA.Resource@nrc.gov Ph : 301 -415-7169 Fax: 301 -415-5130

NRC FORM 464 P*rt I (OIG) U.S. NUCLEAR REGULATORY COMMISSION FOIA RESPONSE NUMBER I

(03-2017) 2016-0664 3 I

'~/*

~ .....

?.. :*

i RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST 11

RESPONSE

.I TYPE 0 INTERIM FlNAL REQUESTER: DATE:

IDavid Lochbaum 11 MAY O1 2017 I DESCRIPTION OF REQUESTED RECORDS:

R equest for 22 documents by ADAMS Accession Number.

PART I. - I NFORMATION RELEASED You have the right to seek assistance from the NRC's FOIA Public Liaison. Contact information for the NRC's FOIA Public Liaison is available at bllRs:/twww.nrc.gov/reading-rm/foia/contact-foia,html 0 Agency records subject to the request are already available on the Public NRC Website, in Public ADAMS or on microfiche in the NRC Public Document Room.

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 that agency (see comments section) for a disclosure determination and direct response to you.

0 We are continuing to process your request.

0 See Comments.

PART I.A - FEES NO FEES AMOUNT*

You will be billed by NRC for the amount listed.

Minimum fee threshold not met.

II II You will receive a refund for the amount listed.

D Due to our delayed response, you will

• see Commef"lta for details 0 Fees waived. not be charged fees.

PART 1.B - IN FORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE We did not locate any agency records responsive to your request. Note: Agencies may treat three disaete categories of law D enforcement and national security records as not subject to the FOIA ("exclusions"). 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 0 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 ca'lendar days of the date of this response by sending a letter or e-mail to the FOIA Officer, at U.S. Nuclear Regulatory Commission, Washington, D.C. 20555-0001 , or£.QJA,Besource@nrc,goy~ Please be sure to include on your letter or email that it is a "FO,IA Appeal." You have the right to seek dispute resolution services from the NRC's Public Liaison. or the Office of Government Information Services (OGIS). Contact information for OGIS is available at ht112s;l&gis archives gov/abQUI-QQili~Qal.ict-ifgrms!tioa,blm PART I.C COMMENTS ( Use attached Comments continuation Daae if reauired)

This interi m response addresses four m ore of the records enumerated in your requ est: ML I 6204A002, ML16216A703, ML16216A705, and ML 162 I 6A7 I 0. Please note that, since the date of your request, these records have been removed from ADAMS. H owever, because the N R C was able to locate the records by their accession numbers w hen your request was received, we have processed the records, except as noted herein.

[continued o n next page]

Sinffl!Nlni

• Assistant lns,,..ctor General for lnvestlaatlon.:-OIG I ., ~

IJOS~h A. :McMtltan NRC Form 464 Part I (OIG) (03-2017) I Add Conllnudon Page I I DMl9 Continuation Page I Page 2 of 3

NRC FORM 464 Part I (OIGI U.S. NUCLEAR REGU\.ATORY COMMISSION FOIA RESPONSE NUMBER (0).2017)

RESPONSE TO FREEDOM OF INFORMATION 2016-0664 11 3

I ACT (FOIA) REQUEST Continued RESPONSE TYPE 0 INTERIM FINAL REQUESTER: DATE:

loavid Lochhaum PART I.C COMMENTS (Continued)

J~ 0 1 2017 I

The record you identified as ML I 6204A002 is a copy of a letter addressed to Inspector General Huhert Bell. It was released in part in response to a prior FOIA request, FOIA-20 16-0064. Personally identifiable infonnation (Pll) of the third party who subm itted the letter was redacted pursuant to FOIA exemption 7(C). We continue to withhold this PII on that hasis.

The record you identified as MU 6216A 703 has been detennined not to he an agency record. This record consists of three separate records: (I) this Office's Fonn 464-0IG response to a previous FOIA request subm itted hy Lawrence Criscione (who has provided a privacy waiver to you); (2) a Memorandum to File that was released in pan in that response: and (3) an annotated version of a Declination Sheet, which was also partially released in that response. However. this copy of the Declination Sheet contains an annotation that was added 10 the record, presumably hy \1r. Criscio ne, after he received it in response to his FOIA request. The ~RC has not located another copy of the annotated Declination Sheet in its records systems. Because these three records were assembled into a sing le record when ~r. Criscione added them to ADA\1S.

which you requested in that form, we have considered them as a single record. Accordingly, the record has been determined to he a personal, rather than agency, record and is not subject to the FOIA and has not been processed.

The record you identified as \1LI 6216A 705 is a redacted copy of a memorandum of inter\'iew, which was generated during an investigation conducted by the Office of Inspector General (OIG). Please note thac because ML16216A705 includes the redactions applied to this record as it was released to Lawrence Criscione (who has provided a privacy waiver to you) in response to his FOIA rcquesc. FOIA-2014-0327. we are providing it to you in this same fonnat as he received it. ~o redactions have been made to this record in processing it for you.

The record you identified as ML16216A710 is an em.ai I that transmits an attached letter from Lawrence Crise ione to OIG staff, dated January 5, 2014. regarding an audit ofNRC's FOIA process. The identities of third parties (other than \1r.

Criscione, in light of the aforementioned privacy waiver), or o ther FOIA requesters whose requests have heen made publicly available in ADAMS) have heen redacted on the basis ofexemp1ion 6. Portions of the lener thac reflect internal deliberations among ~RC staff. of which the letter's or iginator became aware as part of his official duties, have been redacted on the basis of exemption 5. We note that this same redacted deliberati\'e content appears in records responsive to prior requests, FOIA-2015-0018, 2015-0019, and 2015-0020, which are all publicly availahle in ADAMS.

NRC Form 454 Part I (OIG) (03-2017) Page 3 of 3

NRC FORM 464 Prt II (OIG) U.S. NUCLEAR REGULATORY COMMISSION FOIA

./¥\

(~2017)

RESPONSE TO FREEDOM OF I 2016-0664#3 I

. ....z*

~ D i

\. l INFORMATION ACT (FOIA) REQUEST DATE:

I MY O1 2017 I 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)).

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

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 disdosure by the statute indicated.

Sections 141-145 of the Atomic Energy Ad, which prohibits the disdosu-e of Restricted Data or Formerty Restricted Data (42 U.S.C. 2161-2165).

Section 147 of the Atomic Energy Act. which prohibits the dlsdosure of UndasS1fied Safeguards Information (42 U.S.C. 2167).

D 41 U.S.C. 4702(b), which prohibits the dlsdosure 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 sea-et or conMential commen:ial or financial information that Is being withheld for the reason(s) indicated.

The Information is considered to be proprietary because it concerns a ficensee'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 or confidential business (proprietary) information.

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

0 Exemption 5: The withheld information consists of interagency or intraagency records that are normally privileged in civil Irrigation.

0 Deliberative process privilege.

Attorney worl< product privilege.

Attomey-client privilege.

Exemption 6: The withheld information from a personnel, medical, or similar file, is exempted from public disdosure because its dlsdosure would result 0 in a dearly unwarranted invasion of personal privacy.

0 Exemption 7: The withheld information consists of records compiled for law enforcement purposes and is being withheld for the reason(s) Indicated.

(A) Disdosure could reasonably be expected to interfere with an open enforcement proceeding.

0 (C) Disdosure could reasonably be expected to constitute an unwarranted invasion of personal privacy.

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

(E) Dlsdosure would reveal techniques and procedures for law enforcement investigations or prosecutions, or guldeNnes 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 an individual.

0 I Other One of the requesLed records is a personal, ralher than agency, record I

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

~ __o;::- -*;. ..:i ui-i-lCIAL TITLE/OFFICE RECORDS DENIED APPELLATE OFFICIAL EDO SECY 1G d:s f 1osl:phA7-;irc,v,: .. w, ' I 1 1 Assistant Inspector General for Investigations, OIG I 3rd party PII; deliberations I

I II 11 I I II 11 I Appeals must be made In writing within 90 calendar days of the date of this response by sending a letter or email to the FOIA Officer, at U.S. Nuclear Regulatory Commission, Washington, D.C. 20555-0001 , or FQIA,Resouc~1@or~1gQ~. Please be sure to include on your letter or email that it is a "FOIA Appeal."

NRC Form 464 Part II (OIG) (03-2017) Page 1 of 1

From: Admio Adm i To: diochbaum@ucsusa org Cc: Stevens Margo Subject : FOIA/PA-2016-0664 Interim #2 The attached interim response# 2 is publicly Date: Thursday, April 27, 20 17 1 =23:39 PM available in ADAMS as ML20293A214.

Attachments: Interim Response 2 .pdf

Dear Mr. Lochbaum:

We are pleased to inform you that we have completed more work on your request, FOIA/PA-2016-00664 .

We are continuing to process your request.

Thank you .

Freedom of Information , Privacy & Information Collections Branch Customer Service Division , Office of the Chief Information Officer Mail Stop: T-5F09 U.S . Nuclear Regulatory Commission Washington, D.C. 20555-0001 FO IA.Resource@nrc.gov Ph : 301 -415-7169 Fax: 301-415-5130

From: Blaney Stephanie To : Stevens Margo Cc : Ennis Jina Subject : RE: FOIA-20 16-0664#2 The attached interim response # 2 is publicly Date: Thursday, April 27, 2017 11 :36:08 AM Attachments: NRC 464 Part I 2016-0664#2 .pdf available in ADAMS as ML20293A214. The NBC 464 Part II 2016-0664#2 odf concurrence copy is included herein.

Signed.

From: Stevens, Margo Sent: Wednesday, April 26, 2017 8:11 AM To: Blaney, Stephanie <Stephan ie.Blaney@nrc.gov>

Cc: Enn is, Tina <TINA. ENN IS @nrc .gov>

Subject:

FOIA-2016-0664#2 Stephanie, this is a second interim response for Lochbaum . The two records -

ML16216A707 and ML16216A712 --were included in FOIA-2016-0731#12 , which was the last one you signed. If you want to refresh your recollection, the released set of the records is in the G drive.

Here's the Form 464 for your signature/date. Once you sign , it can go to Tina to email to Lochbaum .

I'll be doing the "companion" one for Darth Vader shortly; then preparing a response for OIG on four other records responsive to both FOIA-2016-0664 and -0665 today.

J\tlargo L. Stevens

JOI.A .Ana{yst/ 'T'eam Leader (Contractor)

OCIO/(j'E MS/ Informalion Services 'Brandi 1.1.S. :Nudear 'Regu{atory Commission 11545 'Rockvif{e 'Pike, Jvlai{ Stoy 'T'-2:J7

'Rockviffe, Jvlary{and 20855

'T'e[eyfwne #: (301) 415-8148

NRC FORM 464 Part I U.S. NUCLEAR REGULATORY COMMISSION FOIA RESPONSE NUMBER

'¥~

......rt.i*

(03-2017)

• s RESPONSE TO FREEDOM OF I 2016-0664 11 2

I

\~ INFORMATION ACT (FOIA) REQUEST

RESPONSE

TYPE 0 INTERIM FINAL REQUESTER: DATE:

loavid Lochbaum 11 I DESCRIPTION OF REQUESTED RECORDS:

Requ est for 22 documents by ADAMS Accession Number.

PART I. -- INFORMATION RELEASED You have the right to seek assistance from the NRC's FOIA Public Liaison. Contact information for the NRC's FOIA Public Liaison is available at bttQs:l/www,nrc.govLreading-cmlfoia/contact-foia.html Agency records subject to the request are already available on the Public NRC Website, in Public ADAMS or on microfiche in the NRC Public Document Room.

[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 that agency (see comments section) for a disclosure determination and direct response to you.

[Z] We are continuing to process your request.

[Z] See Comments.

PART I.A** FEES NO FEES AMOUNr You will be billed by NRC for the amount listed.

Due to our delayed response, you will Minimum fee threshold not met.

II II You will receive a refund for the amount listed.

• see Comments for details [Z] Fees waived. not be charged fees.

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"). 5 U.S.C. 552(c). This is a standard notification given to all requesters; it sh ould 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.

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 by sending a letter or e-mail to the FOIA Officer, at U.S. Nuclear Regulatory Commission, Washington, D.C. 20555-0001 , or FOIA.Resource@D.K.gov. Please be sure to include on your letter or email that it is a "FOIA Appeal." You have the right to seek dispute resolution services from the NRC's Public Liaison, or the Office of Government Information Services (OGIS). Contact information for OGIS is available at bit p_s;liogis,arcili'&~ b_Q.u-1:Qgifilc_o_nta_ct-iforma!LQILllilll PART I.C COMMENTS ( Use attached Comments continuation page if required)

T his interi m response addresses two m ore of t he records enumerated in your request: MLI 6216A707 an d MLl 62 I6A712.

Please note that, since the date of your request, these records have been r emoved from ADAMS. H owever, because the NRC was able to locate the records by their accession numbers w h en yom request was received, we have p rocessed the r ecords.

[continued on next page]

Signature - Freedom of Information Act Officer or Designee Distribution S tephan1e . A. Blaney oo***-"""""""'"""

ON C"IJS, o,,,u S Ol),,llfNl'lllnLOll'"U S ~ r Reg.,JaUJl'y Coll'tl!IMlon. o,,;,,~C.

AV. ~ ......... ~,* ..,._,.,,.,_,.,..,..,. . , .,.,.,.,,,,

11 Date 20111>1.21 11JJ00-0-1xr OFFICE ACTION OFFICER FOIA OFFICER NAME ML Stevens SA Blaney PUBLIC ADAMS DATE 04/26/2017 04/27/2017 NON-PUBLIC ADAMS NRC Form 464 Part I (03-2017) Page 1 of 3

NRC FORM 464 Part II U.S. NUCL EAR REGULATORY COMMISSION FOIA (03-2017)

{¥\.......

\. ';/)

RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST I

DATE:

20 16-0664#2 I

I I PART II.A -- APPLICABLE EXEMPTIONS Records subject to the request are being w ithheld in their entirety or in part under the FOIA exemption(s) as indicated below (5 U.S.C. 552(b)).

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

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, w hich 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 wilhheld 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 or confidential business (proprietary) information.

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 information consists of interagency or intraagency records that are normally privileged in civil litigation.

[Z] Deliberative process privilege.

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 an individual.

Other I I PART I1.B -- DENYING OFFICIALS In accordance with 10 CFR 9.25(9) 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 APPELLATE OFFICIAL DENYING OFFICIAL TITLE/OFFICE RECORDS DENIED EDO SECY IBernice C. Ammon I J Assistant General Counsel (LC, L & SP) I predecisional del iberations I [Z]

I 1 1 I I 1 1 I I Appeals must be made in writing within 90 calendar days of the date of this response by sending a letter or email to the FOIA Officer, at U.S. Nuclear Regulatory Commission, Washington, D.C. 20555-0001, or FOIA.Resource@nrc.gov. Please be sure to include on your letter or email that it is a "FOIA Appeal."

NRG Form 464 Part 11 (03-2017) Page 1 of 1

From : Stevens Margo To : diochbaum@ucsusa org Subject : FOIA-2016-0664, FOIA-2017-0024A, FOIA-2016-0721 , and FOIA-201 7-0076A Date: Wednesday, April 26, 2017 12:24:00 PM Good afternoon Dave. Due to some departures in the FOIA Office, some pending requests and appeals have been reassigned. I am the FOIA specialist who will now be handing the above-referenced requests (and their constructive denial appeals) . As you know, I have already been working on the "related " requests. You should expect two additional interim responses that I prepared today on FOIA-2016-0664 very shortly (one under the signature of the FOIA Officer, the other under the signature of the Assistant Inspector General for Investigations (AIGI)) , and I am also preparing two additional interim responses for the FOIA Officer and AIGI on FOIA-2016-0721 , which should address another dozen or so records , this week. Just this week, we received some preliminary responses from the Office of Special Counsel with whom we had sent consultations, which should allow us to move forward. Rest assured, I am working di ligently to complete work on the remaining records requested in these two requests Should you have any questions in the meantime, please do not hesitate to reach out to me.

Thank you fo r your patience.

Jvlargo L Stevens

JOJ.Jl Jlna{yst/T'eam Leac(er (Contractor)

OCIO/(j'E:MS/Infonnation Services 'Brandi

'U.S. :Nudear 'ReguCatory Commission 11545 'RocRvi((e 1~ike, :Mai( Stoy 7-2:[7

'Rockvi((e, :Mary{anc( 20855 T'efeylione #: (301) 415-8148

From: Admio Adm i To: Stevens Margo

Subject:

Request Assignment Date: Wednesday, April 26, 2017 7:01 :59 AM Details Request Number: FOIA/PA-2017-00024A Request Type : Appeal Requested By : Lochbaum, David Requested Date : October 17, 2016 Primary User: Margo Stevens Notes:

From: Admio Adm i To: Stevens Margo

Subject:

Request Assignment Date: Wednesday, April 26, 2017 7:00:30 AM Details Request Number: FOIA/PA-2016-00664 Request Type : FOIA/PA Requested By : Lochbaum, David Requested Date: August 18, 2016 Primary User: Margo Stevens Notes:

From: Danoff Karen To: Stevens Margo Subject : RE: FOIA/PA-2016-0664 Action Item/Instructions Review of Referred Records Date: Wednesday, March 22, 2017 8:46:15 AM r_H_5)_ _ _ _ _ _ _ _ _ _ _ _ _ _ ____,

Thanks .....

From: Stevens, Margo Sent: Wednesday, M arch 22, 2017 8:45 AM To: Danoff, Karen <Ka ren.Danoff@nrc.gov>

Subject:

RE: FOIA/PA-2016-0664 Action It em/Instruct ions Review of Referred Records (b)(5)

Jvlargo L. Stevens

fOI.Jl ..'Ana(yst/'T'eam Leader (Contractor)

OCIO/(j'E:MS/Injormatwn Services '.Brandi

'U.S. :Nudear 1{egu(atory Commission 11545 1{oc/ivi((e 1'ilie, Jvtai{ Stoy '1-2:[1 1wcRvi((e, Jvtary(antf 20855

'T'e(eyfwne #: (301) 415-8148 From: Danoff, Karen Sent: Wednesday, March 22, 2017 8:38 AM To: Stevens, M argo <Margo.Steveos@nrc gov>

Subject:

RE: FOIA/PA-2016-0664 Action Item/Instructions Review of Referred Records (b)(5)

From: Stevens, Margo Sent: Wednesday, March 22, 2017 8:30 AM To: Danoff, Karen <Karen.Danoff@orc gov>

Subject:

RE: FOIA/PA-2016-0664 Action Item/Instructions Review of Referred Records Fair enough. I was going to ask you in a bit whether you answered her.

How was it resolved, if I may inquire?

J'Vlargo L Stevens

]'01..'A. ..'A.na(yst/'T'eam Leader (Contractor)

OCIO/(j'£:MS/Informat1011 Services ~ranch

'U.S. :Nudear 'Regu(atory Commission 11545 'RocRvi((e 'Pike, :Mai{Stoy '1-2:[7

'llocfiv1((e, :Mary(and' 20855

'T'e(eyftone #: (301) 415-8148 From: Danoff, Karen Sent: Wednesday, March 22, 2017 8:29 AM To: Stevens, M argo <Margo Steveos@nrc gov>

Cc: FOIAPASECY Resource <EQIAPASECY Resource@nrc gov>

Subject:

RE: FOIA/PA-2016-0664 Action Item/Instructions Review of Referred Records Hi Margo, Please ignore the email below. Kristy called me this morning and th is issue has been resolved.

Thanks, Karen From: FOIAPASECY Resource Sent: Tuesday, M arch 21, 2017 8:30 AM To: Danoff, Karen <Karen Danoff@nrc gov>

Cc: Stevens, M argo <Margo Stevens@nrc gov>

Subject:

RE: FOIA/PA-2016-0664 Action Item/Instructions Review of Referred Records Importance: High

Kristy Kristy Remsburg Correspondence and Records Office of the Secretary U.S. Nuclear Regulatory Commission Office: 301-415-1667 From: Danoff, Karen Sent: Friday, Jan ua ry 13, 201 7 10:30 AM To: FOIAPASECY Resource <FOIAPASECY Resource@nrc.gov>; Re msb urg, Kristy

<Kristy.Remsburg@nrc.gov>

Cc: Stevens, Margo <Margo .Stevens@nrc.gov>

Subject:

FOIA/PA-20 16-0664 Action Item/I nstructio ns Review of Referre d Records (Email 2 of 2)

Attached are the additional records for the SECY referral.

Karen

From: Danoff Karen To: Stevens Margo Subject : RE: following up on FOIA/PA-2016-0664 Action Item/Instructions Review of Referred Records (Email 1 of 2)

Date: Wednesday, March 15, 2017 8:50:30 AM Great, thanks! I'll slightly modify the tasking, and will CC you.

From: Stevens, Ma rgo Sent: Wednesday, M arch 15, 2017 8:44 AM To: Danoff, Karen <Ka ren.Danoff@nrc.gov>

Subject:

RE: following up on FOIA/PA-2016-0664 Act ion Item/Instructions Review of Referred Records (Email 1 of 2)

(b)(5) 3vlargo L Stevens J'OI.Jl .Jlna(yst/'I'eam Leader (Contractor)

OC10/(jT.'MS/Informalion Services 'Branch 11.S. Jfudear Regu(atory Commission 11545 'Rockvi{(e 'Pike, :Mai{ Stoy 'T'-2:[7

'R..ocfi.vi({e, :Maryfon<f 20855 T'e(eyfione #: (301) 415-8148 From: Danoff, Karen Sent: Wednesday, M arch 15, 2017 8:40 AM To: Stevens, M argo <Margo Stevens@nrc gov>

Subject:

FW : following up on FO IA/PA-2016-0664 Action Item/Instruct ions Review of Referred Records (E mail 1 of 2)

Hi Margo, I was on the phone this morninq with Kristy about some of my other FOIAs, and I asked her (b)(5)

(b)(5)

Thanks, Karen

From: Stevens Margo To: Danoff Karen Subject : RE: following up on FOIA/PA-2016-0664 Action Item/Instructions Review of Referred Records (Email 1 of 2)

Date: Wednesday, March 15, 2017 8:44:00 AM (b)(5)

J'vlargo L Stevens TOI:A. :A.na[yst/'leam Leaaer (Contractor)

OCIO/(j'EMS/Infonnatron Services '.Brancli

'U.S. :Nudear 'Regu(atory Commission 11545 1{oclivi{(e 'Pi fie, Jvlai{ Stoy '1-2f7

'Jwcfvi((e, JvlaryCantf 20855 Te[eyftone #: (301) 415-8148 From: Danoff, Karen Sent: Wednesday, M arch 15, 2017 8:40 AM To: Stevens, M argo <M argo.St evens@nrc.gov>

Subject:

FW: following up on FO IA/PA-2016-0664 Action Item/Instructions Review of Referred Records (Email 1 of 2)

Hi Margo, I was on the phone this morning with Kristy about some of my other FOIAs, and I asked her (b)(5)

Thanks, Karen

From: FOIAPASECY Resource Sent: W ednesday, February 15, 2017 8:09 AM To: Danoff, Karen <Karen Danoff@nrc gov>

Cc: Stevens, M argo <Margo Steveos@nrc gov>

Subject:

RE: following up on FOIA/PA-2016-0664 Act ion Item/Instructions Review of Referred Records (Email 1 of 2)

OK. Thanks for the reminder. I was out yesterday and I have to get a few things up to the Commission for review today. I need to dig out FOIA 2016-0664 and will call you.

Kristy Kristy Remsburg Correspondence and Records Office of the Secretary U.S. Nuclear Regulatory Commission Office: 301-415-1667 From: Danoff, Karen Sent: Wednesday, February 15, 2017 8:03 AM To: FO IAPASECY Resource <FOIAPASECY Resource@nrc.gov>

Cc: Stevens, Margo <Margo Steveos@nrc gov>

Subject:

RE: following up on FOIA/PA-2016-0664 Action Item/Instructions Review of Referred Records (Email 1 of 2)

Hi Kristy, I wanted to follow up on your questions on this tasking. We're available today and Friday (tomorrow afternoon is our move), and next week.

Thanks, Karen From: FOIAPASECY Resource Sent: Friday, February 10, 2017 8:29 AM To: Danoff, Karen <Karen .Danoff@nrc.gov>; FOIAPASECY Resource

<FOIAPASECY.Resource@nrc.gov>

Cc: Stevens, M argo <Margo Steveos@nrc.gov>

Subject:

RE: following up on FOIA/PA-2016-0664 Act ion Item/Instructions Review of Referred Records (Email 1 of 2)

Hi Karen,

We will have to talk next week. Thank you for the reminder.

Kristy Kristy Remsburg Correspondence and Records Office of the Secretary U.S. Nuclear Regulatory Commission Office: 301-415-1667 From: Danoff, Karen Sent: Friday, February 10, 2017 8:17 AM To: Remsburg, Kristy <Kristy.Remsburg@ nrc.gov>; FOIAPASECY Resource

<fOIAPASECY Resource@nrc gov>

Cc: St evens, M argo <Margo.Stevens@nrc.gov>

Subject:

RE: following up on FOIA/PA-20 16-0664 Act ion Item/Instructions Review of Referred Records (Email 1 of 2)

Hi Kristy, I know you are all very busy with your move this week, but I wanted to follow up on your questions regarding the tasking below under FOIA 2016-0664. There were 2 emails for this tasking, due to the size of the documents.

We are both in today. I'm out on Monday, Feb. 13th and here only in the AM (up until noon, at the latest) on Thursday, Feb. 16th due to our move, but am scheduled to be in the office the remainder of next week. Margo is available next week as well.

Thanks, Karen From: Remsbu rg, Kristy Sent: Tuesday, Jan uary 31, 2017 2:55 PM To: Stevens, M argo <Margo.Stevens@nrc.gov>; Danoff, Karen <Karen .Danoff@nrc.gov>

Subject:

RE : follow ing up on FOIA/PA-2016-0664 Act ion It em/Instructions Review of Ref erred Records (E mail 1 of 2)

I've been busy and didn"t have a chance to reply. Sorry! Tomorrow would be better. I'll call one of you then.

Thanks, Kristy Kristy Remsburg Correspondence and Records

Office of the Secretary U.S. Nuclear Regulatory Commission Office: 301-415-1667 From: Stevens, Ma rgo Sent: Tuesday, Ja nuary 31, 2017 8:06 AM To: Remsburg, Kristy <Kristy.Remsburg@nrc gov>; Danoff, Ka ren <Karen.Danoff@nrc gov>

Subject:

RE: followi ng up on FOIA/PA-2016-0664 Action Item/Instructions Review of Ref erred Records (Email 1 of 2)

I'm here until between 2:30-3:00 PM today, since I arrived at 6:05 AM .

Jvlargo L. Stevens J'OI.'A. .'A.na(yst/'leam Lead'er (Contractor)

OCIO/(iJ:MS/'User Services&J'OI.'A/'Privacy 'Brandi

'U.S. Nudear 1?..egu(atory Commcsswn 11545 1?..ocfvi((e 1)i~e. :Mai( Stoy '1-2:f7 1?..ockviffe, :Mary(antf 20855 Te(e_pfwne #: (301) 415-8148 From: Remsburg, Kristy Sent: Tuesday, Ja nuary 31, 2017 7:59 AM To: Danoff, Karen <Karen Danoff@nrc gov>

Cc: Stevens, M argo <Margo.Stevens@nrc.gov>

Subject:

RE: followi ng up on FOIA/PA-2016-0664 Action Item/Instructions Review of Referred Records (Email 1 of 2)

Good Morning, I have a few questions on one or two records. I'm working on something this a.m. but would like to discuss later today or tomorrow. What time are you all here till?

Thanks, Kristy Kristy Remsburg Correspondence and Records Office of the Secretary U.S. Nuclear Regulatory Commission Office: 301-415-1667 From: Danoff, Karen

Sent: Tuesday, Ja nuary 31, 2017 7:55 AM To: FO IAPASECY Resource <FOIAPASECY Resource@nrc gov>; Remsburg, Kristy

<Kristy. Remsbu rg@nrc.gov>

Cc: Stevens, Margo <Margo.Steveos@nrc.gov>

Subject:

following up on FOIA/PA-2016-0664 Action Item/Instructions Review of Referred Records (Emai l 1 of 2)

Hi Kristy, I wanted to follow up this tasking . I sent the additional information requested on January 13th , but please let me know if you need anything else.

Thanks, Karen Karen Danoff Government Information Specialist, FOIA Team OCIO Governance & IM Services Division 301 -415-5072 Karen Danoff@nrc gov From: Danoff, Karen Sent: Friday, Ja nuary 13, 2017 10:30 AM To: FO IAPASECY Resource <FOIAPASECY.Resource@nrc.gov>; Remsburg, Kristy

<Kristy Remsburg@nrc gov>

Cc: Stevens, Margo <Margo Steyens@nrc gov>

Subject:

FOIA/PA-2016-0664 Action Item/Instructions Review of Referred Records (Ema il 1 of 2)

A referral for FOIA/PA-2016-0664 is being assigned to SECY on January 13, 2017. (note that some of the attached documents are also responsive to FOIA 2016-0607; since 2016-0607 is assigned to Margo, I have copied her on this tasking.)

(b)(5)

The due date is January 30, 2017, which is ten (10) working days from the date of this e-mail.

The action needing to be taken :

_ _ Provide your office's concurrence or non-concurrence in the originating office's recommendations for disclosure or withholding of each record; or

~ ...x.__ Provide a disclosure determination/recommendation for each record for which

your office is responsible and which is subject to this request; or Provide a disclosure determination/recommendation for each record that was referred to the NRG for review or consultation by [insert name of other agency].

(b)(5)

NRG Form 496, "Report of Staff Resources for Processing FOIA Request" is available in the NRG Forms Library for your use.

The Government Information Specialist for this request is Karen Danoff, who can be reached at 301-415-5072 or Karen.Danoff@nrc.gov.

Thank you.

From: Danoff Karen To: Stevens Margo

Subject:

2016-0664#1 & -0665#1 issued Date: Wednesday, February 22, 2017 9:26:06 AM Hi Margo, FYI-My 2016-0664#1 and 2016-0665#1 were sent to the requesters this morning via email with an issue date of 2/17. I placed a copy of the 464 responses in our 464 folder, and have updated the matrix. I'm still working on my 2016-0721 #3 with the records that we talked about that could be issued, like the -0664 & -0665 I will borrow your language from previous responses that overlap with -0721.

I have not received any response from Vader on his mailing address, or to my update, but fortunately the documents were small enough that they could be emailed through Outlook.

Karen

From: Danoff Karen To: EOIAPASECY Resource Cc: Stevens Margo Subject : RE: following up on FOIA/PA-2016-0664 Action Item/Instructions Review of Referred Records (Emai l 1 of 2)

Date: Wednesday, February 22, 2017 7:46:1 7 AM Hi Kristy, We're all settled now with our move, so I wanted to reach back out to you about you r questions about these documents. SECY's tasking remains open on our end.

Thanks, Karen From: FOIAPASECY Resource Se nt: Wednesday, February 15, 2017 8:09 AM To: Da noff, Karen <Ka ren.Danoff@nrc.gov>

Cc: Stevens, Margo <Margo.Stevens@nrc.gov>

Subject:

RE: following up on FOIA/PA-2016-0664 Act ion Item/Instructions Review of Referred Records (Email 1 of 2)

OK. Thanks for the reminder. I was out yesterday and I have to get a few things up to the Commission for review today. I need to dig out FOIA 201 6-0664 and will call you.

Kristy Kristy Remsburg Correspondence and Records Office of the Secretary U.S. Nuclear Regulatory Commission Office: 301-415-1667 From: Danoff, Karen Se nt: Wednesday, February 15, 2017 8:03 AM To: FOIAPASECY Resource <EOIAPASECY.Resource@nrc.gov>

Cc: Stevens, Margo <Margo Steveos@nrc gov>

Subject:

RE: following up on FOIA/PA-2016-0664 Act ion Item/Instructions Review of Referred Records (Email 1 of 2)

Hi Kristy, I wanted to follow up on your questions on this tasking. We're available today and Friday (tomorrow afternoon is our move), and next week.

Thanks,

Karen From: FOIAPASECY Resource Sent: Friday, February 10, 2017 8:29 AM To: Danoff, Karen <Karen.Danoff@nrc.gov>; FOIAPASECY Resource

<FOIAPASECY. Re sou rce@nre.gov>

Cc: Stevens, M argo <Margo Steveos@nrc gov>

Subject:

RE: followi ng up on FOIA/PA-2016-0664 Action Item/Instructions Review of Ref erred Records (Email 1 of 2)

Hi Karen, We will have to talk next week. Thank you for the reminder.

Kristy Kristy Remsburg Correspondence and Records Office of the Secretary U.S. Nuclear Regulatory Commission Office: 301-415-1667 From: Danoff, Karen Sent: Friday, February 10, 2017 8:17 AM To: Remsburg, Kristy <Krjsty.Remsburg@nrc.gov>; FOIAPASECY Resou rce

<EOIAPASECY.Resource@nrc.gov>

Cc: Stevens, Margo <Margo.Steveos@nrc.gov>

Subject:

RE: following up on FOIA/PA-2016-0664 Action Item/Instructions Review of Referred Records (Email 1 of 2)

Hi Kristy, I know you are all very busy with your move this week, but I wanted to follow up on your questions regarding the tasking below under FOIA 2016-0664. There were 2 emails for this tasking, due to the size of the documents.

We are both in today. I'm out on Monday, Feb. 13th and here only in the AM (up until noon, at the latest) on Thursday, Feb. 16th due to our move, but am scheduled to be in the office the remainder of next week. Margo is available next week as well.

Thanks, Karen

From: Remsburg, Kristy Sent: Tuesday, Ja nuary 31, 2017 2:55 PM To: Stevens, M argo <Margo.Steveos@nrc.gov>; Danoff, Karen <Karen.Danoff@nrc.gov>

Subject:

RE: followi ng up on FOIA/PA-2016-0664 Action Item/Instructions Review of Referred Records (Email 1 of 2)

I've been busy and didn't have a chance to reply. Sorry! Tomorrow would be better. I'll call one of you then .

Thanks, Kristy Kristy Remsburg Correspondence and Records Office of the Secretary U.S. Nuclear Regulatory Commission Office: 301-415-1667 From: Stevens, Margo Sent: Tuesday, Ja nuary 31, 2017 8:06 AM To: Remsburg, Kristy <Kristy Remsburg@nrc gov>; Danoff, Karen <Karen Danoff@nrc gov>

Subject:

RE: followi ng up on FOIA/PA-2016-0664 Action Item/Instructions Review of Referred Records (Email 1 of 2)

I'm here until between 2:30-3:00 PM today, since I arrived at 6:05 AM .

M.argo .£. Stevens J'OI.'A. .'A.na(yst/'leam Leaaer (Contractor)

OCIO/(il:MS/'User Servrces&]"OI.'A/'Pnvacy 'Brandi

'U.S. Nudear 'Reguratory Comm1ss10n 11545 'Rocfi.vi((e 1Jf/ie, :Mai{Sto_p 'J-2:f7

'Rock:viffe, :Mary(ana 20855

'le(e_pfwne #: (301) 415-8148 From: Remsburg, Kristy Sent: Tuesday, Ja nuary 31, 2017 7:59 AM To: Danoff, Karen <Ka ren.Danoff@ nrc.gov>

Cc: Stevens, M argo <Margo.Stevens@nrc.gov>

Subject:

RE: following up on FOIA/PA-2016-0664 Action Item/Instructions Review of Referred Records (Email 1 of 2)

Good Morning,

I have a few questions on one or two records. I'm working on something this a.m. but would like to discuss later today or tomorrow. What time are you all here till?

Thanks, Kristy Kristy Remsburg Correspondence and Records Office of the Secretary U.S. Nuclear Regulatory Commission Office: 301-415-1667 From: Danoff, Karen Sent: Tuesday, Ja nuary 31, 2017 7:55 AM To: FOIAPASECY Resource <FOIAPASECY,Resource@nrc,goy>; Remsburg, Kristy

<Kristy Remsburg@nrc gov>

Cc: Stevens, Margo <Margo Steyens@nrc gov>

Subject:

following up on FOIA/PA-2016-0664 Action Item/Instructions Review of Referred Records (Emai l 1 of 2)

Hi Kristy, I wanted to follow up this tasking. I sent the additional information requested on January 13th , but please let me know if you need anything else.

Thanks, Karen Karen Danoff Government Information Specialist, FOIA Team OCIO Governance & IM Services Division 301-415-5072 Karen Danoff@nrc gov From: Danoff, Karen Sent: Friday, Ja nuary 13, 2017 10:30 AM To: FOIAPASECY Resource <FOIAPASECY Resource@nrc gov>; Remsburg, Kristy

<Kristy.Remsbu rg@nrc.gov>

Cc: Stevens, Margo <Margo Stevens@nrc.gov>

Subject:

FOIA/PA-2016-0664 Action Item/Instructions Review of Referred Records (Ema il 1 of 2)

A referral for FOIA/PA-2016-0664 is being assigned to SECY on January 13, 2017. (note that some of the attached documents are also responsive to FOIA 2016-0607; since 2016-0607 is assigned to Margo , I have copied her on this tasking .)

(b)(5)

The due date is January 30, 2017, which is ten (10) working days from the date of this e-mail.

The action needing to be taken :

_ _ Provide your office's concurrence or non-concurrence in the originating office's recommendations for disclosure or withholding of each record ; or

~ ..,.x,___ Provide a disclosure determination/recommendation for each record for which your office is responsible and which is subject to this request; or Provide a disclosure determination/recommendation for each record that was referred to the NRC for review or consultation by [insert name of other agency] .

(b )(5)

NRC Form 496, "Report of Staff Resources for Processing FOIA Request" is available in the NRC Forms Library for your use.

The Government Information Specialist for this request is Karen Danoff, who can be reached at 301-415-5072 or Karen .Danoff@nrc.gov.

Thank you .

From: Stevens Margo To: Danoff Karen Subject : RE: SECY tasking for 2016-0664 Date: Thursday, February 09, 2017 9:32:00 AM No, I haven't spoken with her. I'm sure the move back is a distraction.

Jvt.argo L Stevens

]"01.'A. .'A.na{ysl/'T'eam Leader (Conlraclor)

OCIO/(jl:MS/1..lser Services&]"OI.'A./'Privacy 'Branen 1.1.S. :Nuc(ear 'Regu(atory Commission 11545 'Rockviffe 1Jike, :Mai{ Stoy 'T'-2:F1

'Rockv1((e, :Maryfanrf 20855

'T'e[eynone #: (301) 415-8148 From: Danoff, Karen Sent: Thursday, Februa ry 09, 20 17 9:31 AM To: Stevens, M argo <Margo.Stevens@n rc.gov>

Subject:

SECY tasking for 2016-0664 Hi Margo, Have you heard from Kristy about her questions for this tasking?

When I saw her yesterday morning about other FOIAs, she said movers were coming that morning and I know she's been really busy with their move this week. I was going to send a tickler today or tomorrow.

Karen From: Remsburg, Kristy Sent: Tuesday, Ja nuary 31, 2017 2:55 PM To: Stevens, M argo <Margo Steyens@nrc,gov>; Danoff, Karen <Karen Danoff@nrc gov>

Subject:

RE: followi ng up on FOIA/PA-2016-0664 Action It em/Instructions Review of Ref erred Records (Email 1 of 2)

I've been busy and didn't have a chance to reply. Sorry! Tomorrow would be better. I'll call one of you then.

Thanks, Kristy

Kristy Remsburg Correspondence and Records Office of the Secretary U.S. Nuclear Regulatory Commission Office: 301-415-1667 From: Stevens, Margo Sent: Tuesday, January 31, 2017 8:06 AM To: Remsburg, Kristy <Kristy Remsburg@nrc gov>; Danoff, Karen <Karen Danoff@nrc gov>

Subject:

RE: following up on FOIA/PA-2016-0664 Action It em/Instructions Review of Referred Records (Email 1 of 2)

I'm here until between 2:30-3:00 PM today, since I arrived at 6:05 AM .

Margo L Stevens J'OIJ\. Jtnalyst/'I'eam Leader (Contractor)

OCJO/fjJJvlS/'User Serv1ces&J'OI.'A/'Pnvacy 'Brandi

'U.S. :Nudear 'Regu(atory Commission 11545 'Rocfiviffe Tike, Jvla1[ Stoy T'-2:f7

'Rockvilre, Jvta ry(ana :.wsss

'I'e{eyfrone #: (301) 415-8148 From: Remsburg, Kristy Sent: Tuesday, Ja nuary 31, 2017 7:59 AM To: Danoff, Karen <Karen Danoff@nrc gov>

Cc: Stevens, M argo <Margo Stevens@nrc gov>

Subject:

RE: followi ng up on FOIA/PA-2016-0664 Act ion Item/Instructions Review of Referred Records (Email 1 of 2)

Good Morning, I have a few questions on one or two records. I'm working on something this a.m. but would like to discuss later today or tomorrow. What time are you all here ti ll?

Thanks, Kristy Kristy Remsburg Correspondence and Records Office of the Secretary U.S. Nuclear Regulatory Commission Office: 301-415-1667

From: Danoff, Karen Sent: Tuesday, Ja nuary 31, 2017 7:55 AM To: FOIAPASECY Resource <EQIAPASECV.Resource@nrc.gov>; Remsburg, Kristy

<Kristy Remsburg@nrc gov>

Cc: Stevens, Margo <Margo.Steyens@nrc.gov>

Subject:

following up on FOIA/PA-2016-0664 Action Item/Instructions Review of Referred Records (Emai l 1 of 2)

Hi Kristy, I wanted to follow up this tasking. I sent the additional information requested on January 13th , but please let me know if you need anything else.

Thanks, Karen Karen Danoff Government Information Specialist, FOIA Team OCIO Governance & IM Services Division 301 -415-5072 Karen.Danoff@nrc.gov From: Danoff, Karen Sent: Friday, Ja nuary 13, 2017 10:30 AM To: FOIAPASECY Resource <FOIAPASECY.Resource@nrc.gov>; Remsburg, Kristy

<Kristy Remsburg@nrc.gov>

Cc: Stevens, Margo <Margo,Steyens@nrc.gov>

Subject:

FOIA/PA-2016-0664 Action Item/Instructions Review of Referred Records (Email 1 of 2)

A referral for FOIA/PA-2016-0664 is being assigned to SECY on January 13, 2017. (note that some of the attached documents are also responsive to FOIA 2016-0607; since 2016-0607 is assigned to Margo, I have copied her on this tasking .)

(b)(5)

The due date is January 30, 2017, which is ten (10) working days from the date of this e-mail.

The action needing to be taken :

_ _ Provide your office"s concurrence or non-concurrence in the originating office"s recommendations for disclosure or withholding of each record; or

~-x.,__ Provide a disclosure determination/recommendation for each record for which your office is responsible and which is subject to this request ; or Provide a disclosure determination/recommendation for each record that was referred to the NRG for review or consultation by [insert name of other agency] .

(b)(5)

NRG Form 496, "Report of Staff Resources for Processing FOIA Request" is available in the NRG Forms Library for your use.

The Government Information Specialist for this request is Karen Danoff, who can be reached at 301-415-5072 or Karen.Danoff@nrc.gov.

Thank you .

From: Danoff Karen To: Remsburg Kristy Cc: Stevens Margo

Subject:

RE: following up on FOIA/PA-2016-0664 Action Item/Instructions Review of Referred Records (Emai l 1 of 2)

Date: Tuesday, January 31, 2017 8:02:21 AM Hi Kristy, I'm here until 4:45, and Margo is usually here until 3:00. I have a meeting today at 1 :00. If you discuss with Margo today, just keep me in the loop. I can also try to call you when I return at about 2. The only item on my calendar for tomorrow is our weekly staff meeting at 9:00 AM. What do you prefer?

Karen From: Remsburg, Kristy Sent: Tuesday, January 31, 2017 7:59 AM To: Danoff, Karen <Ka ren.Danoff@nrc.gov>

Cc: Stevens, M argo <M argo.Stevens@n rc.gov>

Subject:

RE: followi ng up on FOIA/PA-2016-0664 Action Item/Instructions Review of Referred Records (Email 1 of 2)

Good Morning, I have a few questions on one or two records. I'm working on something this a.m. but would like to discuss later today or tomorrow. What time are you all here till?

Thanks, Kristy Kristy Remsburg Correspondence and Records Office of the Secretory U.S. Nuclear Regulatory Commission Office: 301-415-1667 From: Danoff, Karen Sent: Tuesday, Ja nuary 31, 2017 7:55 AM To: FO IAPASECY Resource <EOIAPASECY Resource@nrc gov>; Remsburg, Kristy

<Kristy Remsburg@nrc gov>

Cc: Stevens, M argo <Margo.Stevens@nrc.gov>

Subject:

following up on FOIA/PA-2016-0664 Action Item/Inst ructions Review of Referred Records (Emai l 1 of 2)

Hi Kristy,

I wanted to follow up this tasking. I sent the additional information requested on January 13th , but please let me know if you need anything else.

Thanks, Karen Karen Danoff Government Information Specialist, FOIA Team OCIO Governance & IM Services Division 301-415-5072 Karen Paoott@orc QPY From: Danoff, Karen Sent: Friday, Ja nuary 13, 2017 10:30 AM To: FOIAPASECY Resource <FQIAPASECY Resource@nrc gov>; Remsburg, Kristy

<Kristy Remsburg@nrc gov>

Cc: Stevens, Margo <Margo.Steyens@nrc gov>

Subject:

FOIA/PA-2016-0664 Action Item/Instructions Review of Referred Records (Ema il 1 of 2)

A referral for FOIA/PA-2016-0664 is being assigned to SECY on January 13, 2017. (note that some of the attached documents are also responsive to FOIA 2016-0607; since 2016-0607 is assigned to Margo , I have copied her on this tasking.)

(b)(5)

The due date is January 30, 2017, which is ten (10) working days from the date of this e-mail.

The action needing to be taken:

_ _ Provide your office's concurrence or non-concurrence in the originating office's recommendations for disclosure or withholding of each record; or

~--x-- Provide a disclosure determination/recommendation for each record for which your office is responsible and which is subject to this request; or Provide a disclosure determination/recommendation for each record that was referred to the NRG for review or consultation by [insert name of other agency].

(b)(5)

NRG Form 496, "Report of Staff Resources for Processing FOIA Request" is available in the NRG Forms Library for your use.

The Government Information Specialist for this request is Karen Danoff, who can be reached at 301-415-5072 or Karen.Danoff@nrc.gov.

Thank you .

From: Danoff Karen To: EOIAPASECY Resource: Remsburg Kristy Cc: Stevens Margo

Subject:

addit ional information for FOIA/ PA-2016-0664 Action Item/ Instructions Review of Referred Records Date: Friday, January 13, 2017 4:15:29 PM Hi Kristy, From your call th is afternoon for more information on this tasking , I copied and pasted below from the Status column of our matrix for the documents in this tasking. Please let us know if you need anything else.

Thanks, Karen (b)(5)

(b)(5)

From: Danoff, Karen Sent: Fr iday, January 13, 2017 10:30 AM To: FOIAPASECY Resou rce <FOIAPASECY.Resource@nrc.gov>; Remsburg, Kristy

<Kri sty.Remsb urg@ nrc.gov>

Cc: Stevens, Margo <Margo.Stevens@n rc.gov>

Subject:

FOIA/PA-20 16-0664 Action Item/Instructions Review of Referred Records (Ema il 2 of 2)

Attached are the additional records for the SECY referral.

Karen

From: Danoff Karen To: Stevens Margo: Blaney Stephanie

Subject:

FW: closing out action for FOIA/PA-2016-00721 Action Item/ Instructions Review of Referred Records.

Date: Friday, January 13, 2017 9:52:21 AM I've also now placed a copy of the email below to the correspondence log of 2016-0721 ,

and will update the matrix shortly. The Comments sect ion of 2016-0721 has also been updated.

From: Danoff, Karen Sent: Friday, Ja nu ary 13, 2017 9:49 AM To: FO IAPAOIG Resource <FOIAPAOIG.Resource@nrc.gov>

Cc:l(b)(6)  ! Stevens, Margo <Margo.Stevens@nrc.gov>

Subject:

clos ing out action for FOIA/PA-2016-00721 Action It em/Instructions Review of Referred Records Hi ~

f(b)(5)

I.__- - - - ~ - - - - - - - - - - - - - - - - - - - - _ _ , f l have now closed out your tasking.

Karen From: Danoff, Karen [2]

Sent: Thursday, Jan uary 05, 2017 7:38 AM To: FO IAPAOIG Resource <FOIAPAOIG.Resource@nrc.gov>

Cc: l(b)(6) I; Danoff, Karen <Karen.Danoff@nrc gov>; Stevens, Margo <Margo,Stevens@nrc.gov>

Subject:

FOIA/PA-2016-00721 Action Item/Instructions Review of Referred Records A referral for FOIA/PA-2016-00721 is be ing assigned to OIG on .January S, 2(H 7, The due date is January 19, 2017, whic h is ten ( I 0) working days from the date of this e-mail.

The iWtioo neec'i112 ,a be 1*1ken*

The records are on a CD, and are being llancl-carried (along with a copy of the Form 496A) to your office today, January 5, 2 01 7.

The Government Information Specialist for this request is Karen Danoff, who can be reached al 301-415-5072 or Karen Danoff@nrc gov.

To avoid inundating FQIA Reso11rce@nrc gov. when you (or any member of your staff) respond to this tasking, please make sure that your office's emails are being sent ONLY to the assigned specialist. If a specialist is scheduled to be out of the office when your tasking is due, he or she will advise you of any ch_fil!Qe to this practice.

Thank you.

From: Danoff Karen To : Stevens Margo: Blaney Stephanie The attached administrative appeal letter is publicly Subject : Lochbaum appeal Date: Tuesday, October 18, 201 6 7:48 :01 AM available in ADAMS as ML17331A002 (p2 of the Attachments: 2017-0024A.odf PDF).

As we expected, Lochbaum appealed the lack of response for my 2016-0664 (attached). It has a target date of 11 /16. I will send out the ack letter today. In his appeal , he writes: "It is now two weeks after the target response date, a date that was already outside the response time specified in the FOIA law. " Interesting.

Darth Vader's request, 2016-0665 (which is identical to 2016-0664, also received on 8/ 19) also appealed for lack of response on 10/6. His appeal is due on 11 /4.

Both 2016-0664 and 2016-0665 requested 22 documents (the first already being publicly available). Due to the delay in the entire project, I'm now thinking my first appeal due on 11/4 will be late.

Karen

Unionof d *

• ucsus a.org Two Brattle Square, Cambridge, MA 02138-3780 t 617.547.5552 f 617.864.9405

[ Concerne Scientists 1825 K Street NW, Suite 800, Washington, DC 20006-1232 t 202.223.6133 f 202.223.6162 2397 Shattuck Avenue, Suite 203, Berkeley, CA 94704-1567 t 510.843.1872 f 510.843.3785 One North LaSalle Street, Suite 1904, Chicago, IL 60602-4064 t 312.578.1750 f 3l2:.578.175I CASE NO: 2017-0024A DATE REC'D: 10/18/2016 SPECIALIST: Danoff October 17, 2016 RELATED CASE: 2016-0664 David J. Nelson, Chieflnformation Officer Chief FOIA/PA Officer U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 FOIA/PA Appeal: - FOIA/PA-2016-00664

Dear Mr. Nelson:

On behalf of the Union of Concerned Scientists, I appeal the lack of response to my request under the Freedom of Information Act which was acknowledged by the Nuclear Regulatory Commission (NRC) by letter dated August 19, 2016. Tlhe NRC assigned number FOIA/PA-2016-00664 to my request.

I requested 22 documents by their accession numbers (ML numbers) in ADAMS.

ln the acknowledgement letter, the NRC staff informed me that, due to "the complexity of all of the requests" the response would take longer than 20 days. The target response date specified in the letter was October 3, 2016.

It is now two weeks after the target response date, a date that was already outside the response time specified in the FOIA law.

Therefore, I am appealing the untimely response to my FOIA request. I request that the NRC provide me the documents I requested back in August 2016. I look forward to reviewing the information I requested, even belatedly.

Sincerely, David Lochbaum Director, Nuclear Safety Project Union of Concerned Scientists PO Box 15316 Chattanooga, TN 374 15

From: fOIAPASECY Resource To: Danoff Karen Cc: Stevens Margo

Subject:

RE: Deleting tasking re: FOINPA-2016-00664 Action Item/ Instructions Search for Records in Perfected Request Date: Monday, October 17, 2016 2:06:47 PM Thanks Karen . l(b _5)_ _ _ _ _ _ _ _ _ _ _ _ _ _ _____.

...._H Kristy Kristy Remsburg Correspondence and Records Office of the Secretary U.S. Nuclear Regulatory Commission Office: 301-415-1667 From: Danoff, Karen Sent: Monday, October 17, 2016 1:55 PM To: FOIAPASECY Resource <FOIAPASECY.Resource@nrc.gov>

Cc: Stevens, Margo <Margo.Stevens@nrc.gov>

Subject:

Deleti ng tasking re: FOIA/PA-2016-00664 Action Item/Instructions Search for Records in Perfected Request Hi Kristy,

Thanks, Karen Karen Danoff Government Information Specialist OCIO/CSD/FPIB/FOIA Team TWFN-5 F06 Mail Stop: TWFN-5 F09 301-415-5072 Karen Danoff@nrc oov From: Danoff, Karen [mailto-foja resource@nrc gov]

Sent: Tuesday, October 11, 2016 10:41 AM To: FOIAPASECY Resource <EQIAPASECY Resource@nrc gov>

Cc: FOIA Resource <EOIA Resource@nrc gov>; Da noff, Karen <Karen Danoff@nrc gov>; Stevens,

Margo <Margo.Steyens@nrc.gov>

Subject:

FOIA/PA-2016-00664 Action Item/Inst ructions Sea rch for Records in Perfected Request Offices Assi(lncd Actjon on Octohec 1J. 2016; SECY Based on the requester's fee category, and how he is seeking documents electronically, there no billable fees. The request is now considered "perfected. " Please provide the Government Information Specialist, who is named below. with the respons ive records on or before October 24, 2016, which is ten ( JO) working days from the date of this e-mail.

The Government Information Specialist for this request is Karen Danoff, who can be reached at 301-415-5072 or Karen Panoff@nrc ~ov.

(b)(5)

If there are no respons ive records, please respond with "No records." If you believe any other oflice, not copied o n th is e-mail, may have responsive records. please let the assigned specialist know.

The FO[A request s hould be processed in accordance with the standard instructions (How to Respond to a FOIA Request) at MLl6 123A l 64. NRC Form 5 11, "Program Office Response to a FOLA Request" is available in the NRC Forms Library for your use.

In order to document the search conducted, in the event of an appeal challenging the adequacy of the search, please also have each member o f your siaff who cond uc ts a search complete NRC Fo rm 51 I A, "Documentation of a FOIA Search." which is also

avai lable in the C Forms Library for your use. Please review these forms to ensure that an adequate, and consistent, search has been perfom1ed within your office. Then include copies of the completed NRC Forms 511 A along with the NRC Forni 511 you return to the assigned specialisl. Alternati vely, you may complete the RC Form 51 1A on behalf of your office, based upon the descriptions of searches provided to you by your office staff You are encouraged to ask for assistance in performi ng adequate ADAMS searches if you have any difficulty doing a search.

NRC Form 496, "Report of Staff Resources for Processing FOIA Requests" is also ava ilable in the NRC Fo1ms Library for your use.

When you respond, please make s ure 1ha1 you are sending your response to FOIA Resource@nrc. 0 ov, as well as lhe ass igned spec ialist.

Thank you.

From: Danoff Karen To: OGC EOIA COORDINATOR Resource Cc: Stevens Margo Subject : Deleting tasking for FOIA/PA-2016-00664 Action Item/Instructions Review of Referred Records Date: Monday, October 17, 2016 1 :52:51 PM Hi Cynthia,

Thanks, Karen Karen Danoff Government Information Specialist OCIO/CSD/FPIB/FOIA Team TWFN-5 F06 Mail Stop: TWFN-5 F09 301-415-5072 Karen Panoff@nrc oov From: Danoff, Karen [mailto:foia. resource@nrc.gov)

Se nt: Tuesday, October 04, 20 16 1:28 PM To: OGC_FOIA_COO RDINATOR Resource <OGC_ FOIA_COORD INATOR.Resou rce@nrc.gov>

Cc: FOIA Resource <FOIA.Resource@ nrc.gov>; Danoff, Karen <Karen.Danoff@nrc.gov>; Stevens, Margo <M argo.Stevens@n rc.gov>

Subject:

FOIA/PA-2016-00664 Act ion Item/Inst ructions Review of Referred Records A referral for FOIA/PA-2016-00664 is being assigned to OGC on October 4, 2016.

The due dale is October 18, 20 16, whic h is 1en ( 10) working days from the date of this e-mail.

The action needing to be 1akcn: Provide your office's concurrence or non-conc urrence in lhe originaling office's recommendalions for d isclosure or withholding the responsive record (if record can be localed in OGC's files, please sec comments scc1ion of Form 496A).

The record is allachecl.

NRC Form 496, "Repor1 o f' Siaf'f Resources ror Processing FOIA Request" is ava il.able in 1he NRC Forms Library ror your use.

The Governmen1 ln forma1ion Specialist for this request is Ka re n Da noff, who can be reached at 301-415-5072. or Karen Danoff@nrc gov.

Thank you.

From: Danoff Karen To: Blaney Stephanie: Stevens Margo Subject : Response to "Status of FOIA-2016-00664 ?"

Date: Monday, October 17, 2016 1 :36:46 PM Sending so you have my response.

From: Danoff, Karen Sent: M onday, October 17, 2016 1:35 PM To: ' Dave Lochbaum' <DLochb aum@ ucsusa.org>

Subject:

RE: Status of FOIA-2016-00664?

Good Afternoon, Thank you for your inquiry.

You are likely aware that the FOIA Office has received a number of requests identical, or very simi lar, to your request, FOIA-2016-0664. As a result, we are taking the necessary steps to ensure a coordinated and consistent approach for all of these requests. This has entailed consultations not only with multiple NRG program and regional offices, but other Federal agencies having potential equities in the content of some of the requested records and, in a few cases, consu ltations with licensees.

We can tell also tell you that we have received an administrative appeal as to one of these requests, which happens to ask for the same records as FOIA-2016-0664. We recognize that the 30-working day period has expired, which gives you the right to submit an appeal at this time although you are not prejudiced if you choose to wait a while longer, given the recent amendments to the FOIA that require agencies to afford requesters 90 days in which to file an appeal.

We appreciate your patience.

Sincerely, Karen Karen Danoff Government Information Specialist U.S. Nuclear Regulatory Commission Office of the Chief Information Officer FOIA, Privacy, Information Collections Branch/FOIA Team 301 -415-5072 Karen Danoff@nrc gov From: Dave Lochbaum [mailto*DLochbaum@ucsusa org]

Sent: Monday, October 17, 2016 9:24 AM To: Danoff, Karen <Karen.Danoff@nrc gov>

Subject:

[External_Sender] Status of FOI A-2016-00664?

Hello Karen:

In the acknowledgement letter dated August 19, 2016, for the subject FOIA request, a target response date of October 3, 2016, was estimated.

I understand that this target date was an estimate rather than a guarantee.

But I also understand that my request was for a few specific records by ML number that should not have required much time to find and review. And yet it's two weeks beyond the target response date.

Is a response to this FOIA request pending?

If not, I will likely submit a lack of timely response appeal.

Thanks, Dave Lochbaum ucs

From: Stevens Margo To: Danoff Karen Subject : RE: FOIA/PA-2016-00664 L. Clark Date: Thursday, October 13, 2016 2:55:00 PM Excellent. Another one for an interim response! More tomorrow.

Jvt.argo L Stevens

]"01.'A. .'A.na{ysl/'T'eam Leader (Conlraclor)

OCIO/CS'D/J"1'l'B

'I.LS. :Nuc(ear 'Regu(atory Commission 11545 'Rockviffe 1Jike, :M.ai{ Stoy 'T'-2:F1 1wckv1((e, :M.ary{anrf 20855

'T'e[eyftone #: (301) 415-8148 From: Danoff, Karen Sent: Thursday, October 13, 2016 2:50 PM To: Stevens, M argo <Margo.Stevens@n rc.gov>

Subject:

FW: FOIA/PA-2016-00664 L. Clark (b)(5)

I can update the matrix.

From: Davidson, Cynthia Sent: Thursday, October 13, 2016 2:07 PM To: FO IA Resource <EOIA.Resource@nrc.gov>

Cc: Danoff, Karen <Karen Danoff@nrc gov>

Subject:

FOIA/PA-2016-00664 L. Clark See attachment - FOIA-PA-2016-0664 - LClark Cynthia Davidson OGC's FOIA Coordinator Office of the General Counsel MS:O-14A44

Cynthia.Davidson@nrc.gov Ph. : 301-287-3995 From: OGC- FOIA- COOR DIN ATOR Resource Sent: W ednesday, Octo ber 05, 20 16 10:5 2 AM To: Davidson, Cyn t hia <Cv nt hi a.Davidson@n rc.gov>

Subject:

FW : FOI A/PA- 20 16-00664 Act io n Item/Instructions Rev iew of Refer red Reco rds From: Danoff, Karen Sent: Wednesday, October 5, 2016 10 :52:15 AM (UTC-05 :00) Eastern Time (US & Canada)

To: OGC_FOIA_COORDINATOR Resource Cc: FOIA Resource ; Danoff, Karen ; Stevens, Margo

Subject:

FOIA/PA-2016-00664 Action Item/Instructions Review of Referred Records A referral fo r FOIA/PA-2016-00664 is being assigned to OGC on October 5, 2016.

The due date is October 19, 2016, which is ten ( I 0) working days from the date of th is e-mail.

The action needing to be taken: Provide a disclosure determination/recommendation for each record that was identified by another office as a record for which your office is responsible and which is subject to this request. Please see additional comments in attached referral Fonn496A.

The records are attached.

NRC Form 496, "Report of Staff Resources for Processing FOIA Reques t" is available in the RC Forms Library for your use.

The Government Informat ion Specialist for this request is Karen Danoff, who can be reached at 301-415-5072. or Karen Danoff@nrc ~ov.

Thank you.

From: Danoff Karen To: EOIAPASECY Resource Cc: EOIA Resource: Danoff Karen: Stevens Margo The attached request is publicly Subject : FOIA/PA-2016-00664 Action Item/ Instructions Search for Records in Pe rfected Request Date: Tuesday, October 11, 2016 10:41 :05 AM available in ADAMS as Attachments: 2016-0664.pdf ML20293A212.

Qffim Assigned Action on October I le 2016; SECY Based on the requester's fee category, and how he is seeking documents electronically, there no billable fees. The request is now considered "perfected." Please provide the Government In formation Specialist, who is named below, wi th the respons ive records on or before October 24, 2016, which is ten (10) working days from the date of this e-mail.

The Government Information Specialist for this request is Karen Danoff, who can be reached at 301-415-5072 or Ka rcn.Danoff@nrc.gov.

(b)(5)

If there are no responsive records, please respond with "No records." If you believe any other office, not copied on this e-mail, may have re.~ponsive records, please let the assigned specialist know.

The FOIA request s hould be processed in accordance with the standard instructions (How to Respond to a FOIA Request) at

ML16123A l 64. NRC Fonn 5 11, "Program Office Res ponse to a FOIA Request" is available in the NRC Forms Library for your use.

In order 10 documenl the search conducted, in the event of an appeal challenging the adequacy of lhe search, please also have each member of your slaff who conducts a search complele RC Form 511 A. "Docum entation of a FO IA Search," which is also avail able in the RC Forms Library for your use. Please review these fonns 10 ensure that an adequate, and consistent, search has been performed within your office. Then include copies of the completed NRC Forms 511 A along with the NRC Form 51 1 you return to the assigned specialist. Alternatively, you may complete the NRC Form 51 1A on behalf o f your office, based upon the descriptions of searches provided to you by your office staff.

You are encouraged to ask for assistance in performing adequate ADAMS searches if you have any difficully doing a search.

NRC Form 496, "Report of Staff Resources for Processing FOIA Requests" is also available in the NRC Forms Library for your use.

When you respond, please make sure that you are sending your response to FOIA.Rcsourcc@ nrc,&ov , as well as the assigned spec ialist.

Thank you.

From: Warner Deanna To: Danoff Karen: Stevens Margo Subject : RE: Referral of Records: FOIA-2016-00721 - List of ADAMS ML#

Date: Thursday, October 06, 2016 3:13:45 PM Thank you for the clarification © 301-287-3702 From: Danoff, Karen Sent: Thursday, October 06, 2016 3:13 PM To: Warner, Deanna <Deanna.Warner@nrc.gov>; Stevens, M argo <Margo.Stevens@nrc.gov>

Subject:

RE: Referral of Records: FO IA-2016-00721 - List of ADAMS M L#

Hi Deanna, The tasking with RES has been closed effective today.

Thanks, Karen From: Warner, Deanna Sent: Thursday, October 06, 2016 2:53 PM To: Danoff, Karen <Karen.Danoff@nrc.gov>; Stevens, Margo <Margo.Stevens@nrc.gov>

Subject:

FW: Referral of Records: FOIA-2016-00721 - List of ADAMS ML#

For your awareness ... has this FOIA referral been reopened?

12UUWUI 301-287-3702 From: Thaggard, Mark Sent: Thursday, October 06, 2016 2:24 PM To: Warner, Deanna <Deanna.Warner@nrc.gov>; Dennis, Suzanne <Suzanne.Denn is@nrc.gov>

Cc: FOIAPARES Resource <EO IAPARES Resource@nrc gov>

Subject:

RE: Ref erral of Records: FO IA-2016-00721 - List of ADAMS M L#

, )!Cr;.. .%r171((nl, Di rector (A cting )

Division of Risk Analysis Office of Nuclear Regulatory Research U.S. Nuclear Regulatory Commission M.S. T10A12 Washington, DC 20555 Office: 301 -415-0452 From: Warner, Deanna Se nt: Thursday, October 06, 2016 12:36 PM To: Dennis, Suzanne <Suzanne Denn js@nrc gov>; Thaggard, Mark <Mark.Thaggard@nrc.gov>

Cc: FOIAPARES Resource <FO IAPARES.Resource@nrc.gov>

Subject:

RE: Referral of Records: FO IA-2016-00721 - List of ADAMS M L#

Hi Suzanne and Mark, (b)(5)

Thanks, ZJ~

301-287-3702 From: Warner, Dean na Se nt: Tuesday, October 04, 2016 4:20 PM To: Dennis, Suzanne <Suzanne Deoo is@nrc gov>; Thaggard, Mark <Mark.Thaggard@nrc gov>

Subject:

Referral of Records: FOIA-2016-00721 - List of ADAMS ML#

Greet ings, (b)(5)

In particular staff should focus their review on personal privacy information, allegation information, investigative related records, proprietary information, classified, or saf eguards information. Staff can either electron ically mark records for redactjon or provide a narrat ive describing the portions of t he records to be withheld. To assist staff in applying t he appropriate exem ption codes to cont ent to be withheld, here is a brief summary of exemption classifications.

By October 17, 2016, provide D. Warner and FOIAPARES Resource@ nrc gov with staff's disclosure

determ ination recommendations by marking one of the fo llowing :

__ Staff has reviewed t he records and is recomme nd ing t hat t hey be released in full.

__ Staff has reviewed t he records and is recommending t hat t hey be withheld in part. Attached is/are the records co ntai ni ng staff's recommenda t ions or a narrative describing the content to be withheld with the appropriate exemption code(s) applied.

__ Staff has reviewed t he records and is recommending that t hey be withheld in fu ll. Attached is/are the records containing staff's recommended exemption code(s) .

Technical Staff to use HRMS CAC Code - ZFOOOO. Staff may monitor FOIA statuses in SharePoint by click ing on the following link: http://fusion.nrc.gov/nsir/team/PMDA/Lists/foia/NSIR.aspx.

FOIA Coordinator Office of Nuclear Security and Incident Response U.S. Nuclear Regulatory Commission 3WFN 9-Al0 301-287-3702

From : Remsburg Kristy To : FOIA Resource Cc : Danoff Karen : Stevens Margo: Bates Andrew : Lewis Antoinette : craver Patlj: Mccloskey Bridin Subject : FOIA 2016-0664 - Hard copy referral package Date: Thursday, October 06, 2016 3:1 1:57 PM Hi Karen ,

Thanks, Kristy Kristy Remsburg Correspondence and Records Office of the Secretory U.S. Nuclear Regulatory Commission Office: 301-415-1667

From: fOIAPASECY Resource To: EOIA Resource Cc: Danoff Karen: Stevens Margo: Bates Andrew: Lewjs Antojnette: craver Patti: Mcc1oskey Bridie Subject : FOIA/PA-2016-0664

• SECY Response Date: Thursday, October 06, 2016 3:08:50 PM Hi Karen,

Thanks, Kristy Kristy Remsburg Correspondence and Records Office of the Secretary U.S. Nuclear Regulatory Commission Office: 301-415-1667 From: Danoff, Karen Se nt: Wednesday, October 05, 2016 10:32 AM To: FOIAPASECY Resource <FOIAPASECY.Resource@nrc.gov>

Cc: FOIA Resource <FOIA. Resource@ nrc.gov>; Danoff, Karen <Karen.Danoff@ nrc.gov>; Stevens, Margo <Margo.Stevens@nrc.gov>

Subject:

FOIA/ PA-2016-0664 Action Item/ Inst ructions Disclosure Determination/ Recommendation Hi Kristy, A referral for FOIA/PA-2016-0664 is being assigned to SECY on October 5, 2016.

The due date is October 19, 2016, which is ten (10) working days from the date of this email.

Attached is the original incoming request, our referral form 496A, and the document for SECY disclosure determination/recommendation. Please see the additional comments in the referral form for additional information.

A tasking will be saved in FOIAXpress to reflect the due date.

Thanks, Karen Karen Danoff Government Information Specialist OCIO/CSD/FPIB/FOIA Team TWFN-5 F06 Mail Stop: TWFN-5 F09

301-415-5072 Karen.Danoff@nrc.gov

From: Danoff Karen To : Stevens Margo Subject : RE: FOIA 2016-0664 Date: Thursday, October 06, 2016 8:12:27 AM I just called Kristy and left a voice mail about both of us participating in a call with her today _

So far, I'm available all day.

From: Stevens, Ma rgo Sent: Thursday, October 06, 2016 6:07 AM To: FOIAPASECY Resource <FOIAPASECY.Resource@nrc.gov>; Danoff, Kare n

<Ka ren.Danoff@nrc.gov>; FO IA Resource <FOIA.Resource@ nrc.gov>

Cc: Bates, Andrew <Andrew.Bates@nrc.gov>

Subject:

RE: FOIA 20 16-0664 Kristy - both Karen and I would like to be on the phone call with you since our cases overlap .... What would be a good time to talk? We can then call you .

J\1.argo L. Stevens

JOI.'A. 5\na{yst/'T'eam Leader (Contractor)

OCIO/CS'D/:f'PI'B

'U.S. :Nudear 'Regu{atory Commission 11545 'Rockvif{e 'Pike, Jvlai{ Stoy 'T'-2:J7

'Rockvi((e, Jvlary{and' 20855

'T'e[eyfwne #: (301) 415-8148

From: Stevens Margo To: EOIAPASECY Resource: Danoff Karen: EQIA Resource Cc: Bates Andrew

Subject:

RE: FOIA 2016-0664 Date: Thursday, October 06, 2016 6:06:00 AM Kristy - both Karen and I would like to be on the phone call with you since our cases overlap .... What would be a good time to talk? We can then call you .

Margo L Stevens JDI.Jl .Jlna(ysl/Team Leader (Contrnclor)

OCIO/CS'D/J"1>J'B

'!LS. :Nudear 'Regu(atory Commission 11545 'Rocl?.vi((e 'Pike, Jvtai{Stoy T-2:f7 1wcli.vi((e, :.tvtary(ana 20855 T'e(eyftone #: (301) 415-8148 From: FOIAPASECY Resource Sent: Wednesday, October 05, 2016 4:27 PM To: Stevens, Margo <Margo.Stevens@nrc.gov>; Danoff, Karen <Karen .Danoff@nrc.gov>; FOIA Resource <FOIA.Resource@nrc.gov>

Cc: Bates, Andrew <Andrew.Bates@nrc.gov>

Subject:

FOIA 2016-0664 Importance: High (b)(5) a in.......

I have to leave for the day but w1 I ca you Thanks, Kristy Kristy Remsburg Correspondence and Records Office of the Secretary U.S. Nuclear Regulatory Commission Office: 301-415-1667 From: Stevens, Margo Sent: Wednesday, October 05, 2016 4:12 PM To: FO IAPASECY Resource <FOIAPASECY Resource@nrc gov>; Da noff, Karen

<Karen.Danoff@nrc.gov>

Subject:

RE: FOIA/PA-2016-0664 Action It em/Instructions Disclosure

Determination/ Recommendation I'm still here today, so I thought I'd jump in, although Karen may need to supplement my answer.

(b)(5)

Jvt.argo L. Stevens JDI.Jl .Jlna{ysl/Team Leaaer (Contractor)

OCIO/CS1)/:JFI'B

'U.S. :Nudear 'Regu{atory Commission 11545 'Rocliv1lle 'PiRe, :Ma 1( Stoy T-2:f1 1?.ocliv,((e, J.1ary{ana 20855 Te[eyfione #: (301) 415-8148 From: FOIAPASECY Resource Sent: Wednesday, October OS, 2016 2:38 PM To: Da noff, Karen <Karen Danoff@nrc.gov>

Cc: Stevens, M argo <Margo Steyens@nrc gov>

Subject:

RE: FOIA/PA-2016-0664 Action Item/Instructions Disclosure Determination/Recommendation Hi Karen, Also, I tried calling you shortly ago to discuss the hard copy referral package I received yesterday on the same FOIA #, different records. When you get a chance, can you please call me to discuss?

Thanks, Kristy Kristy Remsburg Correspondence and Records Office of the Secretory U.S. Nuclear Regulatory Commission Office: 301-415-1667

From: Danoff, Karen Sent: Wednesday, October 05, 2016 10:32 AM To: FOIAPASECY Resource <FOIAPASECY.Resource@nrc.gov>

Cc: FOIA Resource <FOIA.Resource@nrc.gov>; Danoff, Karen <Karen.Danoff@nrc.gov>; Stevens, Margo <Margo .Stevens@nrc.gov>

Subject:

FOIA/PA-2016-0664 Action Item/I nstructio ns Disclosure Determination/Recommendation Hi Kristy, A referral for FOIA/PA-2016-0664 is being assigned to SECY on October 5, 2016.

The due date is October 19, 2016 , which is ten (10) working days from the date of this email.

Attached is the original incoming request, our referral form 496A, and the document for SECY disclosure determination/recommendation . Please see the additional comments in the referral form for additional information.

A tasking will be saved in FOIAXpress to reflect the due date.

Thanks, Karen Karen Danoff Government Information Specialist OCIO/CSD/FPIB/FOIA Team TWFN-5 F06 Mail Stop : TWFN-5 F09 301 -415-5072 Karen Danoff@nrc gov

From: Danoff Karen To: Stevens Margo Subject : RE: FOIA/PA-2016-0664 Action Item/Instructions Disclosure Determination/Recommendation Date: Wednesday, October 05, 2016 4:20:00 PM Thanks for sending th is. I also left a voice mail with Kristy when I returned. The unredacted copy of the meeting agenda was the last page of the document that I was tasking them about. Hopefully I'll be able to clarify the two packages I sent to them th is week.

From: Stevens, Ma rgo Sent: Wednesday, October 05, 2016 4:12 PM To: FO IAPASECY Resource <FOIAPASECY.Resource@nrc.gov>; Danoff, Karen

<Kare n.Danoff@nrc.gov>

Subject:

RE: FOIA/PA-2016-0664 Action Item/Instructions Disclosure Determination/ Recommendation I'm still here today, so I thought I'd jump in, although Karen may need to supplement my answer.

(b)(5)

M.argo L Stevens J'OI..'A ..'Ana(yst/Team Lea,{er (Contractor)

OCIO/CS'D/:J'PI'B

'U.S. :Nudear Regu(atory Commission 11545 'Rocllvi((e Tille, :Mai{ Stoy 'J'..2:[7

'Rockv1((e, :Ma ry(anc[ 20855 Te{epfwne #: ('jo1) 415-8148 From: FOIAPASECY Resource Sent: W ednesday, October 05, 2016 2:38 PM To: Da noff, Karen <Karen Danoff@nrc gov>

Cc: Stevens, M argo <Margo Steyens@nrc gov>

Subject:

RE : FOIA/PA-2016-0664 Act ion Item/Instructions Disclosure Det ermination/ Recommendation

Hi Karen, Also, I tried calling you shortly ago to discuss the hard copy referral package I received yesterday on the same FO IA #, different records. When you get a chance, can you please call me to discuss?

Thanks, Kristy Kristy Remsburg Correspondence and Records Office of the Secretary U.S. Nuclear Regulatory Commission Office: 301-415-1667 From: Danoff, Karen Sent: Wednesday, October OS, 2016 10:32 AM To: FOIAPASECY Resou rce <FOIAPASECV.Resource@nrc iNY>

Cc: FO IA Resource <FOIA Resource@nrc gov>; Danoff, Karen <Karen Danoff@nrc gov>; Stevens, Margo <Margo.Stevens@nrc .. gov>

Subject:

FOIA/PA-2016-0664 Action Item/Instructions Disclosure Determination/Recommen dation Hi Kristy, A referral for FOIA/PA-2016-0664 is being assigned to SECY on October 5, 2016.

The due date is October 19, 2016, which is ten (10) working days from the date of this email.

Attached is the original incoming request, our referral form 496A, and the document for SECY disclosure determination/recommendation. Please see the additional comments in the referral form for additional information.

A tasking will be saved in FOIAXpress to reflect the due date.

Thanks, Karen Karen Danoff Government Information Specialist OCIO/CSD/FPIB/FOIA Team TWFN-5 F06 Mail Stop: TWFN-5 F09

301-415-5072 Karen.Danoff@nrc.gov

The 1st attachment, which is the request, is publicly available in ADAMS as ML20293A212. The 2nd attachment From: Danoff Karen is a record (as ultimately processed)

To : OGG FO IA COORDINATOR Resource Cc : FOIA Resource : Danoff Karen: Stevens Margo addressed in response to multiple Subject : FO IA/PA-2016-00664 Act ion Item/ Instructions Review of Referred Records requests, including interim response # 5 Date: Wednesday, October 05, 2016 10:52:18 AM to your NRC-2018-000096. This interim Attachments: 2016-0664.odf response is publicly available in ADAMS MLJ 6216A708 odf FOIA 2016 0664 Form 496A Referral form OGG ML16216A708 odf in ML20288A415.

A referral for FOIA/PA-2016-00664 is being assigned to OGC on October 5, 2016.

The due date is October 19, 2016, which is ten ( I 0) working days from the date of thi s e-mail.

The action needing to be taken: Provide a disclosure determination/recommendation for each record that was identified by another office as a record fo r which your office is responsible and which is subject to this request. Please see additional comments in attached referral Form496A.

The records are attached.

NRC Form 496, "Report of Staff Resources for Processing FOIA Request" is available in the C Forms Library for your use.

The Government Information Specialist for this request is Karen Danoff, who can be reached at 301-415-5072. or Karcn.Danoff@nrc.gov.

Thank you.

NRC FORM 496A U.S. NUCLEAR REGULATORY COMMISSION FOIA NUMBER (08-2015)

~<:>>"""IO<,,(.,>

REFERRAL RELATED TO FOIA REQUEST l~~i

~

201 6-0664

\-..*.....':/j* 0 INITIAL !R EQUEST APPEAL OFFICE TO: FOIA COORDINATOR ** Cynthia Davidson OGC TELEPHONE NUMBER FROM: FOIA SPECIALIST-* Karen Danoff (301) 415-5072 We are referring the record(s) Identified below or on the attached list for appropriate action, as noted. Please complete the actions indicated and return this referral and the record(s) to this office by October 19, 2018 . If you have any questions regarding this matter, telephone the FOIA Specialist.

Provide your office's concurrence/nonconcurrence in the originating D Complete NRC Form 496. "Report of Staff Resources for Processing office's disclosure recommendation for each record. FOIA Requests."

Provide a disclosure determination/recommendation for each record, 0 which was identified by another office as a record for which your office is responsible, and that is subject to this request.

The initial denial of records (FOIA Number) has been appealed.

Copies of the initial request, denial, and appeal are attached. Have your office conduct another review of each record and provide either a new Provide a disclosure determination/recommendation for each record disclosure determination/recommendation or reaffirm the initial that was referred to the NRC for review by another agency. disclosure determination/recommendation.

( )

Records that you provided this office in response to this FOIA request

[2J are being returned to you for further review/clarification for reasons noted in the COMMENTS section below.

Other requ ired action as noted in the COMMENTS section below.

COMMENTS (b)(5)

OFFICE RESPONSE SIGNATURE ** FOIA COORDINATOR (Tvoed First & Last Name Indicates Yo ur Electronic Signature) Date I I NRC FORM 496A (08-2015) Page 1 of 1

From: Danoff Karen To : FOIAPASECY Resource Cc : EOIA Resource : Danoff Karen : Stevens Margo Subject : FO IA/PA-2016-0664 Action Item/ In structions Disclosure Determ ination/ Recommendation Date: Wednesday, October 05 , 2016 10:32: 32 AM Attachments: Redacted June 10 2013 meeting agenda.pd!

EOIA 2016-0664 lncom jno odf MLJ 6216AZPZ odf FO IA 2016 0664 Form 496A Referral form SECY ML16216A707.pdf Hi Kristy ,

A referral for FOIA/PA-2016-0664 is being assigned to SECY on October 5, 2016.

The due date is October 19, 2016 , which is ten (10) working days from the date of this email.

Attached is the original incoming request, our referral form 496A, and the document for SECY disclosure determination/recommendation . Please see the additional comments in the referral form for additional information.

The 1st attachment reflects the manner in A tasking will be saved in FOIAXpress to reflect the due date. which one responsive record had previously been processed for which the program office was being asked to revisit.

Thanks, It is publicly available in ADAMS as Karen ML15006A221 . Along with the 3rd attachment, the two attached records (as ultimately processed) are addressed in Karen Danoff response to multiple requests, including Government Information Specialist interim response# 5 to your NRC-2018-OCIO/CSD/FPIB/FOIA Team TWFN-5 F06 000096. This response is publicly Mail Stop: TWFN-5 F09 available in ADAMS as ML20288A415.

301-415-5072 The 2d attachment is the request, which Karen Panoff@nrc gov is publicly available in ADAMS as ML20293A212.

NRC FORM 496A U.S. NUCLEAR REGULATORY COMMISSION FOIA NUMBER (08-2015)

~<:>>"""IO<,,(.,>

REFERRAL RELATED TO FOIA REQUEST l~~i

~

2016-0664

\-..*.....':/j* 0 INITIAL !REQUEST APPEAL OFFICE TO: FOIA COORDINATOR ** Kristy Remsburg SECY TELEPHONE NUMBER FROM: FOIA SPECIA LIST-* Karen Danoff (301) 415-5072 We are referring the record(s) Identified below or on the attached list for appropriate action, as noted. Please complete the actions indicated and return this referral and the record(s) to this office by October 19, 2018 . If you have any questions regarding this matter, telephone the FOIA Specialist.

Provide your office's concurrence/nonconcurrence in the originating D Complete NRC Form 496. "Report of Staff Resources for Processing office's disclosure recommendation for each record . FOIA Requests."

Provide a disclosure determination/recommendation for each record, 0 which was identified by another office as a record for which your office is responsible, and that is subject to this request.

The initial denial of records (FOIA Number) has been appealed.

Copies of the initial request, denial, and appeal are attached. Have your office conduct another review of each record and provide either a new Provide a disclosure determination/recommendation for each record

disclosure determination/recommendation or reaffi rm the initial that was referred to the NRC for review by another agency. disclosure determination/recommendation.

( )

Records that you provided this office in response to this FOIA request D

are being returned to you for further review/clarification for reasons noted in the COMMENTS section below.

Other requ ired action as noted in the COMMENTS section below.

COMMENTS The document, ML16216A707, is no longer available in internal ADAMS, and so is attached for your disclosure determination/recommendation.

(b)(5)

OFFICE RESPONSE SIGNATURE ** FOIA COORDINATOR (Tvoed First & Last Name Indicates Your Electronic Signature) Date I I NRC FORM 496A (08-2015) Page 1 of 1

The 1st attachment is the request, which is publicly available in ADAMS as ML20293A212. The 3rd attachment is a From: Danoff Karen record (as ultimately processed)

To : OGG FOIA COORD INATOR Resource addressed in response to multiple Cc : FOIA Resource : Danoff Karen : Stevens Margo Subject : FO IA/PA-2016-00664 Act ion Item/ Instructions Review of Referred Records requests, including interim response# 1 Date: Tuesday, October 04, 2016 1 :28:15 PM to your NRC-2018-000096. This Attachments: 2016-0664.odf response is publicly available in ADAMS FOIA 2016 0664 Form 496A Referral form OGC pd!

MLJ621 6A702 odl as ML20288A413.

A referral for FOIA/PA-2016-00664 is being assigned to OGC on October 4, 2016.

The due date is October 18, 2016, which is ten ( I 0) working days from the date of thi s e-mail.

The action needing to be taken: Provide your office's concurrence or non-concurrence in the originating office's recommendations for disclosure or withholding the responsive record (if record can be located in OGC's files, please see comments section of Form 496A).

The record is attached.

NRC Form 496, "Report of Staff Resources for Processing FOIA Request" is avai lable in the RC Forms Library for your use.

The Government In format ion Specialist for this request is Karen Danoff, who can be reached at 301-415-5072. or Karen.Danoff@nrc.gov.

Thank you.

NRC FORM 496A U.S. NUCLEAR REGULATORY COMMISSION FOIA NUMBER (08-2015)

~<:>>"""IO<,,(.,>

REFERRAL RELATED TO FOIA REQUEST l~~i

~

201 6-0664

\-..*.....':/j* 0 INITIAL !R EQUEST APPEAL OFFICE TO: FOIA COORDINATOR ** Cynthia Davidson OGC TELEPHONE NUMBER FROM: FOIA SPECIALIST-* Karen Danoff (301) 415-5072 We are referring the record(s) Identified below or on the attached list for appropriate action, as noted. Please complete the actions indicated and return this referral and the record(s) to this office by October 18, 2018 . If you have any questions regarding this matter, telephone the FOIA Specialist.

Provide your office's concurrence/nonconcurrence in the originating D Complete NRC Form 496. "Report of Staff Resources for Processing office's disclosure recommendation for each record. FOIA Requests."

Provide a disclosure determination/recommendation for each record, 0 which was identified by another office as a record for which your office is responsible, and that is subject to this request.

The initial denial of records (FOIA Number) has been appealed.

Copies of the initial request, denial, and appeal are attached. Have your office conduct another review of each record and provide either a new Provide a disclosure determination/recommendation for each record

disclosure determination/recommendation or reaffirm the initial that was referred to the NRC for review by another agency. disclosure determination/recommendation.

( )

Records that you provided this office in response to this FOIA request

[2J are being returned to you for further review/clarification for reasons noted in the COMMENTS section below.

Other requ ired action as noted in the COMMENTS section below.

COMMENTS (b)(5)

OFFICE RESPONSE SIGNATURE ** FOIA COORDINATOR (Tvoed First & Last Name Indicates Yo ur Electronic Signature) Date I I NRC FORM 496A (08-2015) Page 1 of 1

From: Danoff Karen To : FOIAPASECY Resource Cc : EOIA Resource : Danoff Karen : Stevens Margo Subject : FOIA/PA-2016-00664 Action Item/ Instructions Review of Referred Records The 1st attachment is the request, which is Date: Tuesday, October 04, 2016 11 :48:22 AM publicly available in ADAMS as Attachments: 2016-0664.odf ML20293A212.

FOIA 2016 0664 Form 496A Referral form SECY pdf A referral for FOIA/PA-2016-00664 is being assigned to SECY on October 4, 2016.

The due date is October 19, 2016, which is ten ( I 0) working days from the date of this e-mail.

The action needing to be taken: Provide a disclosure detennination/recommendatio n for each record that was identified by another office as a record for which your office is responsible and which is subject to this request.

Due to the size of the records, they are being hand-carried to your office on October 4, 2016 or on October 5, 20 16. Paper copies of the Referral Form 496A and the Incoming FOIA request wilJ also be included in 1he package. Please respond to whe1her SECY wants to make a release determination on these 4 records, and if so, please provide a response.

NRC Form 496, "Report of Staff Resources for Processing FOIA Request" is avail able in the RC Forms Library for your use.

The Government In formation Specialist for this request is Karen Danoff, who cru1 be reached at 301-415-5072. or Karen.Danoff@nrc.gov.

Thank you.

NRC FORM 496A U.S. NUCLEAR REGULATORY COMMISSION FOIA NUMBER (08-2015)

~<:>>"""IO<,,(.,>

REFERRAL RELATED TO FOIA REQUEST l~~i

~

201 6-0664

\-..*.....':/j* 0 INITIAL !R EQUEST APPEAL OFFICE TO: FOIA COORDINATOR ** Kristy Remsburg SECY TELEPHONE NUMBER FROM: FOIA SPECIALIST-* Karen Danoff (301) 415-5072 We are referring the record(s) Identified below or on the attached list for appropriate action, as noted. Please complete the actions indicated and return this referral and the record(s) to this office by October 19, 2018 . If you have any questions regarding this matter, telephone the FOIA Specialist.

Provide your office's concurrence/nonconcurrence in the originating D Complete NRC Form 496. "Report of Staff Resources for Processing office's disclosure recommendation for each record. FOIA Requests."

Provide a disclosure determination/recommendation for each record, 0 which was identified by another office as a record for which your office is responsible, and that is subject to this request.

The initial denial of records (FOIA Number) has been appealed.

Copies of the initial request, denial, and appeal are attached. Have your office conduct another review of each record and provide either a new Provide a disclosure determination/recommendation for each record

disclosure determination/recommendation or reaffirm the initial that was referred to the NRC for review by another agency. disclosure determination/recommendation.

( )

Records that you provided this office in response to this FOIA request D

are being returned to you for further review/clarification for reasons noted in the COMMENTS section below.

Other requ ired action as noted in the COMMENTS section below.

COMMENTS (b)(5)

OFFICE RESPONSE SIGNATURE ** FOIA COORDINATOR (Tvoed First & Last Name Indicates Yo ur Electronic Signature) Date I I NRC FORM 496A (08-2015) Page 1 of 1

From: Stevens Margo To: Blaney Stephanie Subject : RE: FOIA-2016-0607; -0664, -0664, -0721, -0723, -0725, -0727, and -0731 Date: Monday, October 03, 2016 1 :13:00 PM Thanks, but if I'm understanding how the scheduler works, there doesn't appear to be a single window (I'm selecting an hour timeslot because I doubt it can be finished in 30 minutes, although 45 minutes is possible} any time during this week.

Jvlargo L. Stevens

.TOJ.J\ .J\.na(yst/'leam Leaaer (Contractor)

OC10/CS'D/:f'PI'B

'U.S. :Nudear 'R.egufotory Commission 11545 'Rocl?.vi((e Til?.e, Jvtai{Stoy '1-2]'7

'Rockvi((e, Jvtary(ana 20855

'Je(eyfwne #: (301) 415-8148 From: Blaney, Stephanie Sent: M onday, October 03, 2016 1:13 PM To: Stevens, M argo <Margo.Stevens@nrc.gov>

Subject:

RE: FOIA-2016-0607; -0664, -0664, -0721, -0723, -0725, -0727, and -0731 Yes.

From: Stevens, Margo Sent: M onday, October 03, 2016 1:09 PM To: Blaney, Stepha nie <Stephanje.Blaney@nrc.gov>

Subject:

RE: FOIA-2016-0607; -0664, -0664, -0721, -0723, -0725, -0727, and -0731 If Thursday is the best day, can you adjust your telework schedule?

Jvlargo L. Stevens

JOI.JI. .J\.na(yst/'leam Leaaer (Contractor)

OCIO/CS'D/:f'PI'B 11.S. :Nudear 1?..egufotory Commisswn 11545 1{ockviffe 'Pike, Jvtai{Stoy '1-2:J7 1wckv&e, Jvtary(ana 20855

'T'e{eyhone #: (301) 415-8148

From: Blaney, Stephanie Sent: M onday, October 03, 2016 1:01 PM To: Stevens, M argo <Margo Stevens@nrc gov>; Danoff, Karen <Karen Danoff@nrc gov>

Subject:

RE: FOIA-2016-0607; -0664, -0664, -072 1, -0723, -0725, -0727, and -0731 l~i(i)'aacee wjth the atterees. ,....(b_)_(5_) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __,

From: Stevens, Margo Sent: M onday, October 03, 2016 12:58 PM To: Blaney, Stepha nie <Stepha nie.Blaney@nrc.gov>; Da noff, Karen <Ka ren.Danoff@nrc.gov>

Subject:

RE: FOIA-2016-0607; -0664, -0664, -0721, -0723, -0725, -0727, and -0731 I can do that. Let's make sure we're on the same page for attendees:

(b)(5)

Jvt.argo L. Stevens

.TOI.Jt .Jtna(yst/Team Leaaer (Contractor)

OCIO/CS'D/J"J'I'B

'U.S. :Nudear 'Regu(atory Commission 11545 'Rocfvi((e Tike, Jvtai(Stoy T-2:f7

'Rockvi((e, Jvtary(ancf 20855 Te(eyfwne #: (301) 415-8148 From: Blaney, Stephanie Sent: M onday, October 03, 2016 12:56 PM To: Stevens, M argo <Margo Stevens@nrc gov>; Danoff, Karen <Karen Danoff@nrc gov>

Subject:

RE: FOIA-2016-0607; -0664, -0664, -0721, -0723, -0725, -0727, and -0731 Margo, do you want to work on getting a meeting set up?

From: Stevens, Ma rgo Sent: M onday, October 03, 2016 12:54 PM To: Blaney, Stepha nie <Stephanie Blaney@nrc gov>; Danoff, Karen <Karen Danoff@nrc gov>

Subject:

RE: FOIA-2016-0607; -0664, -0664, -0721, -0723, -0725, -0727, and -0731

(b)(5)

Margo L Stevens

JOJ.:A .:Ana(yst/'leam Leader (Contractor)

OCIO/CS1J/:f'PI'B

'U.S. :Nudear 1l.egu{atory Comrncsswn 11545 Roc/:?.vi((e 'Pi/:?.e, Jvtai{ Stoy '1-2:f7

'Rockvi({e, :Maryfonc( 20855

'T'e{eylione #: (301) 415-8148 From: Blaney, Stephanie Sent: M onday, October 03, 2016 12:52 PM To: Da noff, Karen <Karen Danoff@nrc gov>; Stevens, Margo <Margo Steyens@nrc gov>

Subject:

FW: FOIA-2016-0607; -0664, -0664, -0721, -0723, -0725, -0727, and -0731 OGG comments are below.

Stephanie From: Clark, M ichael Sent: M onday, October 03, 20 16 12:20 PM To: Blaney, Stepha nie <Stephanie Blaney@nrc gov>

Subject:

RE: FOIA-2016-0607; -0664, -0664, -072 1, -0723, -0725, -0727, and -0731 Hi Stephanie, (b)(5)

Mike From: Bla ney, Stephanie Sent: M onday, October 03, 20 16 11:54 AM To: Clark, M ichael <Michael Clark@nrc gov>

Subject:

RE: FOIA-2016-0607; -0664, -0664, -0721, -0723, -0725, -0727, and -0731 Good Morning almost afternoon,

Just following up, have you had a chance to review this or have it reviewed?

Thank you ,

Stephanie From: Blaney, Stephanie Sent: Friday, September 23, 2016 7:54 AM To: Clark, Michael <Michael Clark@nrc gov>

Subject:

FW: FOIA-2016-0607; -0664, -0664, -0721, -0723, -0725, -0727, and -0731 Good Morning Michael, tU)fs~riday !I

IThanks, Stephanie Blaney From: Stevens, Margo Sent: Thursday, September 22, 2016 11:26 AM To: Blaney, Stephanie <Stepha nie.Blaney@nrc.gov>; MorganButler, Kimyata R

<Kimyata MorganButler@nrc gov>

Cc: Danoff, Ka ren <Karen Danoff@nrc.gov>

Subject:

FOIA-2016-0607; -0664, -0664, -0721, -0723, -0725, -0727, and -0731 Stephan ie and Kim -

(b)(5)

(b)(5)

Thanks.

Margo L Stevens

fOI.J\ .J\na(yst/Team Leaaer (Contractor) 0O0/CS'D/]"1~I'B

'U.S. Nudear 1{.eguCalory Commission 11545 'Rocfi.vi((e 1'ifi.e, Jvtai{ Stoy T-2:J7

'RocRvi((e, Jvta ry{amf 20855 T'e{eylione #: (301) 415-8148

From: Stevens Margo To: Danoff Karen Cc: Blaney Stephanie

Subject:

FW: Fwd: FOIA Requests FOIA-2016-0607, 2016-0664, 2016-0665, 2016-0721, 2016-0723, 2016-0725, 2016-0727, and 2016- 0731 Date: Wednesday, September 28, 2016 11 :12:00 AM Attachment s: signed waiver oof For your files.

Jvlargo L Stevens J'OI.51. J\.na(yst/T'earn Leaaer (Contractor)

OCIO/CS1J/:f'PI'B

'U.S. :Nudear '.Regulatory Commission 11545 'Rocw:vi((e Tike, Jvta1{ Stoy T'-2:J7

'RocR.vi{(e, :Mary(amf 20855 T'e{eylione #: (301) 415-8148 From: Criscione, Lawrence Sent: Wednesday, September 28, 2016 10:19 AM To: Stevens, M argo <Margo.St evens@nrc.gov>

Subject:

FW: Fwd: FOIA Requests FOIA-2016-0607, 2016-0664, 2016-0665, 2016-0721, 2016-0723, 2016-0725, 2016-0727, and 2016-0731 From: Lawrence Criscione [mailto*lscriscjone@hotmail com]

Sent: Wednesday, September 28, 2016 9:01 AM To: Criscione, Lawrence <Lawrence Crjscjone@nrc gov>

Subject:

[External_Sender) Fwd : FOIA Req uests FOIA-2016-0607, 2016-0664, 2016-0665, 2016-0721, 2016-0723, 2016-0725, 2016- 0727, and 2016-0731 Sent from my iPhone Begi n forwarded message:

Resent-From: <lcriscione@ hotmail.com>

From: "Stevens, Margo" <Margo.Steyens@nrc.gov>

Date: September 28, 2016 at 8:23:05 AM EDT Resent-To: <LSCriscione@hotma il,com>

To: "lcriscjone@hotma iI.com" <lcriscione@hotmaii.com>

Cc: "Bla ney, Stephanie"' <Stephanie,Blaney@nrc,gov>, " Da noff, Karen"

<Karen,Danoff@nrc gov>

Subject:

FOIA Requests FOIA-2016-0607, 2016-0664, 2016-0665, 2016-0721, 2016-0723, 2016-0725, 2016-0727, and 2016-0731 Good morning Larry. I have attached a revision of the privacy waiver you previously executed, which would allow us to release in response to the FOIA requests we have on hand (as well as to make the responses publicly available), as well as any future requests that may come, any of the records described in the waiver. In that regard, I note that you added this "prospective FOIA request" language to the privacy waiver I first sent you. I realize that at the time we were communicating about the waiver, you were still working on your report. Perhaps, though, with the passage of time, you do not expect any other FOIA requests for these records to be made, or you do not intend to waive your privacy interests for the indefinite future. If so, please remove that language, either by deleting it from the waiver, or simply striking it out, but if you do the latter, please initial alongside of the strike-out in the margin).

Note, too, that although some of the records do not implicate your privacy interests, rather than spend the time to check each one and only include those that do, I have included each of the records that are identified in one or more of the FOIA requests we have on hand (as was the case in the original waiver).

You'll notice that, rather than having a single, lengthy list, I grouped them. This makes it a bit less cumbersome to follow, and will also simplify our processing (especially in recognition that some of the records fall under the OIG, and others within the FOIA Officer's authority).

Should you have any questions or concerns about it, please don't hesitate to contact me. I am still waiting on OSC's consultation, but they will want to have this waiver in hand before they actually provide their views (since they had asked us to include explicit authorization from you about their involvement).

Thank you.

Margo L Stevens J'OIJ\ .Jlna(yst/'Team I.earfer (Contractor)

OCIO/CS'D/:f'Pl'B

'U.S. Nudear 'Regu(alory Comm1sswn 11545 RocRvi((e PiRe, Jvtai(Stoy T:2_'f7 Rocfi.vi((e, Jvt.ary(and 20855 Te(eyfione #: (301) 415-8148

SWORN VERIFICATION OF IDENTITY AND AUTHORIZATION FOR RELEASE OF INFORMATION I, Lawrence S. Criscione, hereby affirm my identity. I understand that penalties for false statements may be imposed upon me pursuant to 18 U.S.C. 1001 , and that pursuant to 5 U.S.C.

552a(i)(3), any person who knowingly and willfully requests or obtains any record concerning an individual from an agency under false pretenses shall be guilty of a misdemeanor and fined not more than $5,000.

I authorize the U.S. Nuclear Regulatory Commission (NRC) to release to the FOIA requesters in FOIA-2016-0607, FOIA-2016-0664, FOIA-2016-0665, FOIA-2016-0731 , as well as any other FOIA requests that may be submitted in the future that seek access to the below-listed records, which I placed into ADAMS during the time period, July 19-August 29, 2016, for the express purpose that they could be referenced in public comments concerning an NRC report. I a lso authorize the disclosure of the other records described in subparts C-E of this waiver in response to any of the above-referenced FOIA requests (including the re lease of these records in FOIA responses that may be made available to the public). By providing this authorization, I am waiving any and all privacy interests that I have in my personally identifiable information (PII) and any other information that is included in the records enumerated below.

I also authorize the Office of Special Counsel (OSC), with which I understand the NRC is consulting as to certain OSC-related information included in some of the records enumerated below, to release any OSC-related information pertaining to me that is included in the records enumerated below, including OSC File No. Dl-15-1254.

A. The following records that I assembled into ADAMS package ML16195A365:

1. ML100271591 , Evaluation of Duke Energy Carolina, LLC (Duke), 30-Nov. 2009, Response to Nuclear Regulatory Commission (NRC) Letter dated April 39, 2009, Related to External Flooding at Oconee Nuclear Station, Units 1, 2, and 3 (Oconee)

2. ML100780084, Generic Failure Rate Evaluation for Jocassee Dam Risk Analysis

3. ML102910480, NRC Assessment of Oconee External Flooding Issue (October 18, 2010).

4. ML110740482, Analysis Report for the Proposed Generic Issue on Flooding of Nuclear Power Plant Sites Following Upstream Dam Failures.

5. ML112430114, Screening Analysis Report for the Proposed Generic Issue on Flooding of Nuclear Power Plant Sites Following Upstream Dam Failures.

6. ML12335A059, LIC-504EMcKenna

7. ML13063A110, Oconee Nuclear Station, Units 1, 2, and 3 - Documentation of Staff Decision Regarding Implementation of Permanent Modifications for Protection from External Flooding.

8. ML13084A022, 03/25/2013 Slides From Meeting With Duke Energy Carolinas, LLC, Oconee Nuclear Station Units 1, 2, and 3, Concerning the Flooding Hazard Reevaluation Report.

9. ML13149A079, Second Quarter Operating Plan FY-2013

10. ML13218A150, Template for Staff Assessment of Response to 10 CFR 50.54(f)

Information Request - Flooding Mechanisms.

11. ML14090A406, US Army Corps of Engineers Evaluation of Missouri River Mainstem Dams and Potential Flood Hydrographs at Fort Calhoun and Cooper Nuclear Power Plants 1

12. ML14325A850, Concern about the Appearance of Obstruction of Justice

13. ML15356A158, Oconee Station, Units 1, 2, and 3 (NON-PUBLIC) - Staff Assessment of Response to Request for Information Pursuant to 10CFR 50.54(f) Flood-Causing Mechanisms Reevaluation (TACs MF1012, MF1013 and MF1 014).

14. ML16236A019, Jan-9 mpg video of the flooding at St. Lucie, D43 MOVO3976.MPG

15. ML16236A021 , 2014-May-27 and 2014-June-5 emails concerning the St. Lucie Jan 9 Reactor Auxiliary Building Flooding video

16. ML16216A704 - 2016-Aug-3 Linkedln Profile for Jack R. David, Director of the NRC's Japan Lessons-Learned Directorate

17. ML16216A711 , 2015-March-1 3 Union of Concerned Scientists' briefing package for NRC Chairman Burns and Commissioner Baran

18. ML16238A013, 2012-Sep-20 NRC Form 183, Report of Security lncidenUlnfractionNiolation written against Criscione for sending Official Use Only documents to Congress

19. ML16238A014, 2012-Autumn undated Memorandum from Mary Jane Ross-Lee to Richard Correia concerning preventing recurrence of events such as the September 18, 2012 release of information to Congress.

B. The following records that I added individually into ADAMS:

1. ML16201A086, 2016-May-19 0734, Failure to study Dam Security, from Criscione to Kirkwood, Holahan and Clark.

2. ML16201A093, 2016-May- 19 0800, MOU between USACE and ACRS, from Criscione to Kirkwood, Holahan and Clark.

3. ML16201A095, 2016-May-19 0754, Need-to-Know regarding nuclear safety issues associated with flooding, from Criscione to Kirkwood, Holahan and Clark.

4. ML16201A100, 2016-May- 19 0813, Email Regarding Keeping Inundation Levels from the Public, from Criscione to Kirkwood, Holahan and Clark.

5. ML16202A536, 2016-May-9 email from Criscione to Kirkwood, Holahan and Clark.pdf

6. ML16202A537, 2016-May-17 0849 email regarding initial interview, sent from Criscione to Kirkwood, Holahan and Clark.pdf

7. ML16202A538, 2016-May-20 0600, Clarification regarding pumps at Peach Bottom, from Criscione to Kirkwood, Holahan and Clark.pdf

8. ML16204A001, 2012-Sep-14, email from Criscione to various Congressional staff concerning NRC Concealing Concerns Regarding Oconee Nuclear Station.pdf

9. ML16204A002, 2012-Sep-14 Letter from Richard Perkins to Inspector General Hubert Bell regarding Concealment of Significant Nuclear Safety Information by the U.S. Nuclear Regulatory Commission

10. ML16216A702, 2013-Aug-4 email from Scott Hodes to Lawrence Criscione.pdf

11. ML16216A704, 2016-Aug-3 Linked In Profile for Jack R. Davis, Director of the NRC's Japan Lessons-Learned Directorate

12. ML16232A001, Sensitivity Reviews for ML16200A049, ML16201A086, ML16201A093, ML16201A095, ML16201A100, ML16202A536-A538, ML16204A001-A002, ML16216A702-A713

13. ML16236A018, Style Sheet for JLD Flooding Review Documents.pdf

14. ML16236A230, 201 0-Feb-13 Memo from NRR requesting a Generic Issue regarding flooding due to upstream dam failures.pdf 2

15. ML16237A004, 2013-Mar-25 Emails from the NRC to various members of the public (Greenville News, Westinghouse Electric Company, WGOG radio, Greenpeace, etc.) distributing Duke Energy power point presentation concerning flooding at the Oconee Nuclear Station (redacted)

16. ML16237A005, 2013-April-23 email from Duke Energy to NRC complying with NRC direction to redact power point presentation presented at a March 25, 2013 public meeting.pdf

17. ML16237A006, 2013-April-11 Letter from a FOIA requester to the NRC EDO concerning an update for FOIA Appeal 2013-009A

18. ML16237A007, 2013-Mar-25 email from Greenpeace to the Union of Concerned Scientists and the Huffington Post containing a Duke Energy presentation obtained from the N RC.pdf

19. ML16239A085, 2014-Mar-12 letter and email informing Criscione's attorney that OIG Case 13-001 and 13-005 had closed. pdf

20. ML16242A333, six exhibits to OSC File No. Dl-15-5254

21. ML16242A343, Sensitivity Review: ML16195A368-A369 ML16232A001 ML16236A018-A019 ML16236A021 ML16236A230 ML16237A004-A007 ML16238A005-A01 1 ML16238A013-A014 ML16239A085 ML16242A333 ML16242A344 ML16244A000-A009 ML 16245AO00-A002

22. ML16242A344, 2016-Aug-29 Verification of Identity and Sworn Authorization for Release of Information

23. ML16244A008, 2012-Dec-10 email from Criscione to Commissioner Ostendorff and follow up correspondence arranging an Open Door policy meeting on the Oconee flooding issues C. Records pertaining to Office of Inspector General (OIG) allegations and/or investigations (in which I am a subject or alleger) or other OIG records (some of which I also added to ADAMS in this time period):

1. All records pertaining to OIG Allegation #A12-07094 and Case #C 12-079, "NRC Misuse of FOIA Exemption Rules". Some of these records were assembled under FOIA/PA 2014-0386 and 2016- 0064.

2. All records pertaining to OIG Allegation #A13-07114 and Case #C13-005, "NRC Staffs Handling of Jocassee Dam and Oconee Nuclear Station". Some of these records were assembled for FOIA/PA 2013-0153, 2014-0185, 2014-0327, 2014-0353, 2016-0132 and lawsuit 1 :13-cv-00942 (Criscione v. NRC).

3. All records pertaining to OIG Allegation #A13-07251, "Concerns Regarding Duke and Oconee Nuclear Power Plants". Some of these records were assembled under FOIA/PA 2014-0351 .

4. All records pertaining to OIG Allegation# A14-07512, "Request to Appeal FOIA Action". Some of these records may have been assembled under FOIA/PA 2015-0340.

5. All records pertaining to OIG Allegation #A 11-06735 and Case #C11-031, "Misuse of Government Position and Inappropriate Conduct by RES Employee". Some of these records were assembled under FOIA/PA 2014-0188, 2014-0246, 2014-0324, 2014-0327, and 2016-0132.

3

6. All records pertaining to OIG Allegation #A12-07095 and Case #C13-001 ,

"Release of NRC Security Related Documents by RES Employee". Some of these records were assembled for FOIA/PA 2013-0153, 2014-0186, 2014-0200, 2014-0211 , 2014-0237, 2014-0238, 2014-0239, 2014- 0240, 2014-0241, 2014-0247, 2014-0269, 2014-0323, 2014-0327, 2016-0132, and lawsuit 1:13-cv- 00942 (Criscione v. NRC).

7. All records pertaining to OIG Allegation #A13-07105 and Case #C13-002 , "Proactive Initiative - Computer Misuse and Computer Forensic Support". Some of these records may have been assembled under FOIA/PA 2014-0332 and 2015-0254.

8. All records pertaining to OIG Allegation #A13-07209 and Case #C13-027, "Special Project: NRC Regulatory Oversight". Some of these records may have been assembled under FOIA/PA 2014- 0336 and 2015-0258.

9. All records pertaining to OIG Allegation #A13-07258 and Case #C13-045, "Possible Release of Internal NRC Documents to the Public by an NRC Employee". Some of these records were assembled under FOIA/PA 2014-0341.

10. All records pertaining to OIG Allegation #A13-07267 and Case #C13-052, "Region IV Employee Concerned with Pressure to Downplay Inspection Findings and Retaliation Causing a Chilled Work Environment". Some of these records may have been assembled under FOIA/PA 2014- 0338.

11. All records pertaining to OIG Allegation #A13-07296 and Case #C13-055, "Interference By NRG Officials into an Investigation conducted By the Office of Investigation." Some of these records may have been assembled under FOIA/PA 2014-0331 and 2015-0255.

12. All records pertaining to OIG Allegation #A14-07527, "Possible Compromise of NRG Analyses". Some of these records may have been assembled under FOIA/PA 2015-0305.

13. All records pertaining to OIG Allegation #A14-07534, "Potential Interference with a FOIA Request by the Director of Public Affairs". Some of these records may have been assembled under FOIA/PA 2015-0330.

14. All records pertaining to the 2012-Dec-18 letter from the Chairman of the Senate Committee on Homeland Security & Governmental Affairs (Sen. Joseph Lieberman) to the NRC Inspector General (Hubert Bell) including all studies or investigations done in response to that letter and all follow up correspondence with the Senate Committee on Homeland Security & Governmental Affairs, including any responsive records assembled under FOIA/PA 2015-0461 or other relevant releases.

15. ML16238A005, redacted OIG transcript of interview dated 10/19/2012 from OIG C13-001 , released in response to FOIA-2014-0240

16. ML16238A006, redacted OIG transcript of interview dated 10/23/2012 from OIG C13-001, released in response to FOIA-2014-0241

17. ML16238A007, redacted OIG transcript of interview dated 10/24/2012 from OIG C13-001, released in response to 2014-0327

18. ML16238A008, redacted OIG transcript of interview dated 11/29/2012 from OIG C13-001

19. ML16238A009- redacted OIG transcript of interview dated 01/02/2013 from OIG C13-001

20. ML16238A010 - audio clip of interview (Exhibit 60)

21. ML16238A011 - audio clip of interview (Exhibit 63)

22. ML16244A001 - audio clip of interview (Exhibit 23)

23. ML16244A003 - audio clip of interview (Exhibit 53)

24. ML16244A004 - audio clip of interview (Exhibit 55)

25. ML16244A005 - audio clip of interview (Exhibit 61) 4

26. ML16244A006 - audio clip of interview (Exhibit# unspecified)

27. ML16244A007 - audio clip of interview (Exhibit # unspecified)

28. ML16244A008, compilation of several documents, including a 12/10/20 12 email from Criscione to Commissioners Magwood & Ostendorff accompanied by a meeting scheduler and briefing notes; 11/14/2012 Criscione letter to Boxer w/ attachment 4/6/2009 Non-Concurrences [ML091170104Jand rellated emails, etc. (all released in response to FOIA-2014-0237).

29. ML16244A009, redacted Memorandum to File, dated 3/19/201 1 from OIG C11-031, released in response to FOIA-2014-0327.

30. ML16245A000, redacted Investigation Record from OIG C11 -031, released in response to FOIA-2014-0246

31. ML16245A001, redacted Investigation Record from OIG C11 -031, released in response to FOIA-2014-0327

32. ML16252A004, a letter from the Government Accountability Project to the Special Counsel, dated 09/09/20 16, re: Larry Criscione, OSC File No. Dl-15-5254

33. L 16216A703, US Department of Justice Decl ination Sheet, released in response to FOIA-2014-0200

34. ML16216A705, redacted Memorandum of Interview dated 01/13/15 in OIG 13-001 /13-005, released in response to FOIA-2014-0327

35. Any other records associated with OIG Case 13-001 and 13-005 D. Records relating to the FOIA Program (some of which I added to ADAMS during this time period):

1. Any and all responsive records pertaining to the following FOIA/PA requests, appeals and lawsuits: 2013-0013, 2013-0008, 2013-0127, 2013-0262, 2013-0239, 2013-001 0A, 2013-0015A, 2013- 0018A, 2013-0022A and lawsuit 1:13-cv-00942-RMC (PEER v. NRC). Including any records that may have been assembled under FOIA/PA 2013-0262 and 2015-0331 or other relevant releases.

2. Power Point presentation entitled "Criscione_2014-Oct-7_FOIA 2013-0008_&_Exemption_ 3" submitted by Lawrence Criscione in an email with the subject "Public Input portion of October 7 meeting->Update" and sent to Laura Pearson, David Lochbaum and Karen Danoff on October 6 , 2014.

3. Adobe document entitled "Criscione_ slides_&_speaking_ notes.pdf' submitted by Lawrence Criscione in an email with the subject "Public Input portion of October 7 meeting->speaking notes" and sent to Laura Pearson, Dave Lochbaum, Jim Riccio and Karen Danoff on October 7, 2014.

4. FOIA-2015-0451 records

5. ML16216A706, 2013-July-5 Appeal from Initial Decision FOIA/PA-2013-00239.pdf

6. ML16216A707, 2013-June-10 Discussion of FOIA Releases regarding the flooding issues at Oconee.pdf

7. ML16216A708, 2013-June-13 Letter from Hirsch to Criscione and Criscione's Response. pdf

8. ML16216A709, 2013-May-24 email from Criscione to Macfarlane, Bell, Doane, Vietti-Cook, Borchardt, Ash, Sealing, Zobler, Grodin and Lee, subj Inquiry Regarding Overdue FOIA Appeals 2013-004A, 006A, 009A, 01 0A, 011 A & 013A.pdf

9. ML16216A710, 2014-Jan-5 Input regarding Audit of NRC's FOIA Process.pdf

10. ML16216A712, 2013-Mar-29 Appeal for refusal to release documents 5

requested under FOIA Requests 2013-0126, 2013-0127, and 2013-0128 11 . ML16216A713, 2012-Nov-15 Entry for FOIA 2013-0008 on p 25 of ML13149A079 and FOIA request 2013-0262 E. Miscellaneous Records:

1. ML16195A368

2. ML16195A369

3. ML16216A703

4. ML16216A705 I, Lawrence S. Criscione, declare (or certify, verify, or state) under penalty of perjury under the laws of the United States of America that the foregoing is true and correct.

/

/2( {.,.., '--- !:,

Signature

/f,f, t._  ? l?GJ?

Date of Birth 6

From: Stevens Margo To: Danoff Karen Subject : RE: FOIA Requests FOIA-2016-0607, 2016-0664, 2016-0665, 2016-0721 , 2016-0723, 2016-0725, 2016-0727, and 2016-0731 Date: Wednesday, September 28, 2016 8:46:00 AM

M.argo L Stevens J"OI.'A ..'A.na{ysl/Team Leaaer (Cont raclor)

OCIO/CS1J/TPI'B

'U.S. :Nudear 'Regufatory Commission 11545 'RocRvr{(e 11 ike, Jvlai{Stoy T'-2]"7

'l{ocfv1((e, Jvlary{ana 20855

'I'ereyftone #: {301) 415-8148 From: Danoff, Karen Sent: Wednesday, September 28, 2016 8:45 AM To: Stevens, M argo <Margo.Stevens@nrc.gov>

Cc: Blaney, Stepha nie <Stephanie.Blaney@nrc.gov>

Subject:

RE: FOIA Requests FOIA-2016-0607, 2016-0664, 2016-0665, 2016-0721, 2016-0723, 2016-0725, 2016-0727, and 2016-0731 (b)(5)

From: St evens, Margo Se nt: Wednesday, September 28, 2016 8:37 AM To: Danoff, Karen <Karen Danoff@nrc gov>

Cc: Blaney, Stephanie <Stephan ie Blaney@nrc gov>

Subject:

RE: FOIA Requests FOIA-2016-0607, 2016-0664, 2016-0665, 2016-0721, 2016-0723, 2016-0725, 2016-0727, and 2016-0731

M.argo L Stevens J"OI.Jl .Jlna(ysl/Team £.eacler (Contractor)

OCIO/CS'D/:J'Pl13

'U.S. :Nudear 'Regu{atory Commission 11545 'Rockviffe 11 1ke, :Mar{Sto_p T-2]'7 1wckviffe, :Ma ryfana 20855 Te(e_pfwne #: (301) 415-8148 From: Danoff, Karen Se nt: Wednesday, September 28, 2016 8:33 AM To: Stevens, M argo <Margo Steyens@nrc gov>

Cc: Blaney, Stepha nie <Stephanie Blaney@nrc gov>

Subject:

RE: FOIA Requests FOIA-2016-0607, 2016-0664, 2016-0665, 2016-0721, 2016-0723, 2016-0725, 2016-0727, and 2016-0731 Margo -

(b)(5)

Thanks, Karen From: Stevens, Margo Se nt: Wednesday, September 28, 2016 8:23 AM

To: lcrjscjone@hotmajl.com Cc: Blaney, Stepha nie <Stephanie,Blaney@nrc.gov>; Danoff, Karen <Karen Danoff@nrc gov>

Subject:

FOIA Requests FOIA- 2016-0607, 2016-0664, 2016-0665, 2016-0721, 2016-0723, 2016-0725, 2016-0727, and 2016-0731 Importance: High Good morning Larry. I have attached a revision of the privacy waiver you previously executed, which would allow us to release in response to the FOIA requests we have on hand (as well as to make the responses publicly available), as well as any future requests that may come, any of the records described in the waiver. In that regard, I note that you added this "prospective FOIA request" language to the privacy waiver I first sent you. I realize that at the time we were communicating about the waiver, you were still working on your report. Perhaps, though, with the passage of time, you do not expect any other FOIA requests for these records to be made, or you do not intend to waive your privacy interests for the indefinite future. If so, please remove that language, either by deleting it from the waiver, or simply striking it out, but if you do the latter, please initial alongside of the strike-out in the margin).

Note, too, that although some of the records do not implicate your privacy interests, rather than spend the time to check each one and only include those that do, I have included each of the records that are identified in one or more of the FOIA requests we have on hand (as was the case in the original waiver) .

You'll notice that, rather than having a single, lengthy list, I grouped them . This makes it a bit less cumbersome to follow, and will also simplify our processing (especially in recognition that some of the records fall under the OIG , and others within the FOIA Officer's authority).

Should you have any questions or concerns about it, please don't hesitate to contact me.

am still waiting on OSC's consultation, but they will want to have this waiver in hand before they actually provide their views (since they had asked us to include explicit authorization from you about their involvement).

Thank you.

M.argo L. Stevens

[01.J\. .J\.na(yst/'I'eam Leaaer (Contractor)

OCIO/CS'D/:f'PI'B

'U.S. :Nudear Regufutory Commission 11545 1{ocfivi{[e 1'i/:le, :Mar[ Stoy T'-2]'7 RocRviffe, :Mary{ana 20855

'J'e{eyfwne #: (301) 415-8148

From: Stevens Margo To: lcrjscione@hotmail com Cc: Blaney stephanje: Danoff Karen

Subject:

FOIA Requests FOIA-2016-0607, 2016-0664, 2016-0665, 2016-0721, 2016-0723, 2016-0725, 2016-0727, and 2016-0731 Date: Wednesday, September 28, 2016 8:23:00 AM Attachments: Revised Criscjone orivacv waiver/09261 s1 docx Importance: High Good morning Larry. I have attached a revision of the privacy waiver you previously executed, which would allow us to release in response to the FOIA requests we have on hand (as well as to make the responses publicly available), as well as any future requests that may come, any of the records described in the waiver. In that regard, I note that you added this "prospective FOIA request" language to the privacy waiver I first sent you. I realize that at the time we were communicating about the waiver, you were still working on your report. Perhaps, though, with the passage of time, you do not expect any other FOIA requests for these records to be made, or you do not intend to waive your privacy interests for the indefinite future. If so, please remove that language, either by deleting it from the waiver, or simply striking it out, but if you do the latter, please initial alongside of the strike-out in the margin).

Note, too, that although some of the records do not implicate your privacy interests, rather than spend the time to check each one and only include those that do, I have included each of the records that are identified in one or more of the FOIA requests we have on hand (as was the case in the original waiver).

You'll notice that, rather than having a single, lengthy list, I grouped them. This makes it a bit less cumbersome to follow, and will also simplify our processing (especially in recognition that some of the records fall under the OIG, and others within the FOIA Officer's authority).

Should you have any questions or concerns about it, please don't hesitate to contact me.

am still waiting on OSC's consultation, but they will want to have this waiver in hand before they actually provide their views (since they had asked us to include explicit authorization from you about their involvement).

Thank you.

Jvlargo L. Stevens JOI.'A. .'A.na(ysl/Team Leaefer (Contractor)

OCIO/CS'D/]"PI'B

'U.S. :Nudear Regu(atory Comm1ss10n 115451{ocR.vi({e 11 iRe, :Mai{Stoy T-2]'7 1wcfivi((e, Jvlary{ancf 20855 Te{e_pfrone #: {301) 415-8148

SWORN VERIFICATION OF IDENTITY AND AUTHORIZATION FOR RELEASE OF INFORMATION I, Lawrence S. Criscione, hereby affirm my identity. I understand that penalties for false statements may be imposed upon me pursuant to 18 U.S.C. 1001, and that pursuant to 5 U.S.C.

552a(i)(3), any person who knowingly and willfully requests or obtains any record concerning an individual from an agency under false pretenses shall be guilty of a misdemeanor and fined not more than $5,000.

I authorize the U.S. Nuclear Regulatory Commission (NRC) to release to the FOIA requesters in FOIA-2016-0607, FOIA-2016-0664, FOIA-2016-0665, FOIA-2016-0731, as well as any other FOIA requests that may be submitted in the future that seek access to the below-listed records, which I placed into ADAMS during the time period, July 19-August 29, 2016, for the express purpose that they could be referenced in public comments concerning an NRC report. I also authorize the disclosure of the other records described in subparts C-E of this waiver in response to any of the above-referenced FO IA requests (including the release of these records in FOIA responses that may be made available to the public). By providing this authorization, I am waiving any and all privacy interests that I have in my personally identifiable information (PII) and any other information that is included in the records enumerated below.

I also authorize the Office of Special Counsel (OSC), with which I understand the NRC is consulting as to certain OSC-related information included in some of the records enumerated below, to release any OSC-related information pertaining to me that is included in the records enumerated below, including OSC File No. Dl-15-1254.

A. The following records that I assembled into ADAMS package ML16195A365:

1. ML100271591 , Evaluation of Duke Energy Carolina, LLC (Duke), 30-Nov.2009, Response to Nuclear Regulatory Commission (NRC) Letter dated April 39, 2009, Related to External Flooding at Oconee Nuclear Station, Units 1, 2, and 3 (Oconee)

2. ML100780084, Generic Failure Rate Evaluation for Jocassee Dam Risk Analysis

3. ML102910480, NRC Assessment of Oconee External Flooding Issue (October 18, 2010).

4. ML110740482, Analysis Report for the Proposed Generic Issue on Flooding of Nuclear Power Plant Sites Following Upstream Dam Failures.

5. ML112430114, Screening Analysis Report for the Proposed Generic Issue on Flooding of Nuclear Power Plant Sites Following Upstream Dam Failures.

6. ML12335A059, LIC-504EMcKenna

7. ML13063A110, Oconee Nuclear Station, Units 1, 2, and 3 - Documentation of Staff Decision Regarding Implementation of Permanent Modifications for Protection from External Flooding.

8. ML13084A022, 03/25/2013 Slides From Meeting With Duke Energy Carolinas, LLC, Oconee Nuclear Station Units 1, 2, and 3, Concerning the Flooding Hazard Reevaluation Report.

9. ML13149A079, Second Quarter Operating Plan FY-2013

10. ML13218A150, Template for Staff Assessment of Response to 10 CFR 50.54(f)

Information Request - Flooding Mechanisms.

11. ML14090A406, US Army Corps of Engineers Evaluation of Missouri River Mainstem Dams and Potential Flood Hydrographs at Fort Calhoun and Cooper Nuclear Power Plants 1

12. ML14325A850, Concern about the Appearance of Obstruction of Justice

13. ML15356A158, Oconee Station, Units 1, 2, and 3 (NON-PUBLI C) - Staff Assessment of Response to Request for Information Pursuant to 10CFR 50.54(f) Flood-Causing Mechanisms Reevaluation (TACs MF1012, MF1013 and MF1014).

14. ML16236A019, Jan-9 mpg video of the flooding at St. Lucie, D43 MOVO3976.MPG

15. ML16236A021 , 2014-May-27 and 2014-June-5 emails concerning the St. Lucie Jan 9 Reactor Auxiliary Building Flooding video

16. ML16216A704 - 2016-Aug-3 Linked In Profile for Jack R. David, Director of the NRC's Japan Lessons-Learned Directorate

17. ML16216A711 , 2015-March-13 Union of Concerned Scientists' briefing package for NRC Chairman Burns and Commissioner Baran

18. ML16238A013, 2012-Sep-20 NRC Form 183, Report of Security lncident/lnfractionNiolation written against Criscione for sending Official Use Only documents to Congress

19. ML16238A014, 2012-Autumn undated Memorandum from Mary Jane Ross-Lee to Richard Correia concerning preventing recurrence of events such as the September 18, 2012 release of information to Congress.

B. The following records that I added individually into ADAMS:

1. ML16201A086, 2016-May-19 0734, Failure to study Dam Security, from Criscione to Kirkwood, Holahan and Clark.

2. ML16201A093, 2016-May-19 0800, MOU between USACE and ACRS, from Criscione to Kirkwood , Holahan and Clark.

3. ML16201A095, 2016-May-19 0754, Need-to-Know regarding nuclear safety issues associated with flooding, from Criscione to Kirkwood, Holahan and Clark.

4. ML16201A100, 2016-May-19 0813, Email Regarding Keeping Inundation Levels from the Public, from Criscione to Kirkwood, Holahan and Clark.

5. ML16202A536, 2016-May-9 email from Criscione to Kirkwood, Holahan and Clark.pdf

6. ML16202A537, 2016-May-17 0849 email regarding initial interview, sent from Criscione to Kirkwood, Holahan and Clark.pdf

7. ML16202A538, 2016-May-20 0600, Clarification regarding pumps at Peach Bottom, from Criscione to Kirkwood, Holahan and Clark.pdf

8. ML16204A001 , 2012-Sep-14, email from Criscione to various Congressional staff concerning NRC Concealing Concerns Regarding Oconee Nuclear Station.pdf

9. ML16204A002, 2012-Sep-14 Letter from Richard Perkins to Inspector General Hubert Bell regarding Concealment of Significant Nuclear Safety Information by the U.S. Nuclear Regulatory Commission

10. ML16216A702, 2013-Aug-4 email from Scott Hodes to Lawrence Criscione.pdf

11. ML16216A704, 2016-Aug-3 Linkedln Profile for Jack R. Davis, Director of the NRC's Japan Lessons-Learned Directorate

12. ML16232A001, Sensitivity Reviews for ML16200A049, ML16201A086, ML16201A093, ML16201A095, ML16201A100, ML16202A536-A538, ML16204A001-A002, ML16216A702-A713

13. ML16236A018, Style Sheet for JLD Flooding Review Documents.pdf

14. ML16236A230, 2010-Feb- 13 Memo from NRR requesting a Generic Issue regarding flooding due to upstream dam failures.pdf 2

15. ML16237A004, 2013-Mar-25 Emails from the NRC to various members of the public (Greenville News, Westinghouse Electric Company, WGOG radio, Greenpeace, etc.) distributing Duke Energy power point presentation concerning flooding at the Oconee Nuclear Station (redacted)

16. ML16237A005, 2013-April-23 email from Duke Energy to NRC complying with NRC direction to redact power point presentation presented at a March 25, 2013 public meeting.pdf

17. ML16237A006, 2013-April-11 Letter from a FOIA requester to the NRC EDO concerning an update for FOIA Appeal 2013-009A

18. ML16237A007, 2013-Mar-25 email from Greenpeace to the Union of Concerned Scientists and the Huffington Post containing a Duke Energy presentation obtained from the NRC.pdf

19. ML16239A085, 2014-Mar-12 letter and email informing Criscione's attorney that OIG Case 13-001 and 13-005 had closed.pdf

20. ML16242A333, six exhibits to OSC File No. Dl-15-5254 21 . ML16242A343, Sensitivity Review: ML16195A368-A369 ML16232A001 ML16236A018-A019 ML16236A021 ML16236A230 ML16237A004-A007 ML16238A005-A011 ML16238A013-A014 ML16239A085 ML16242A333 ML16242A344 ML16244A000-A009 ML16245A000-A002

22. ML16242A344, 2016-Aug-29 Verification of Identity and Sworn Authorization for Release of Information

23. ML16244A008, 2012-Dec-10 email from Criscione to Commissioner Ostendorff and follow up correspondence arranging an Open Door policy meeting on the Oconee flooding issues C. Records pertaining to Office of Inspector General (OIG) allegations and/or investigations (in which I am a subject or alleger) or other OIG records (some of which I also added to ADAMS in this time period):

1. All records pertaining to OIG Allegation #A12-07094 and Case #C12-079, "NRC Misuse of FOIA Exemption Rules". Some of these records were assembled under FOIA/PA 2014-0386 and 2016- 0064.

2. All records pertaining to OIG Allegation #A13-07114 and Case #C13-005, "NRC Staff's Handling of Jocassee Dam and Oconee Nuclear Station". Some of these records were assembled for FOIA/PA 2013-0153, 2014-0185, 2014-0327, 2014-0353, 2016-0132 and lawsuit 1 :13-cv-00942 (Criscione v. NRC).

3. All records pertaining to OIG Allegation #A13-07251 , "Concerns Regarding Duke and Oconee Nuclear Power Plants". Some of these records were assembled under FOIA/PA 2014-0351 .

4. All records pertaining to OIG Allegation# A14-07512, "Request to Appeal FOIA Action". Some of these records may have been assembled under FOIA/PA 2015-0340.

5. All records pertaining to OIG Allegation #A11 -06735 and Case #C11-031, "Misuse of Government Position and Inappropriate Conduct by RES Employee". Some of these records were assembled under FOIA/PA 2014-0188, 2014-0246, 2014-0324, 2014-0327, and 2016-0132.

3

6. All records pertaining to OIG Allegation #A12-07095 and Case #C 13-001 ,

"Release of NRC Security Related Documents by RES Employee". Some of these records were assembled for FOIA/PA 2013-0153, 2014-0186, 2014-0200, 2014-0211 , 2014-0237, 2014-0238, 2014-0239, 2014- 0240, 2014-0241, 2014-0247, 2014-0269, 2014-0323, 2014-0327, 2016-0132, and lawsuit 1:13-cv- 00942 (Criscione v. NRC).

7. All records pertaining to OIG Allegation #A13-07105 and Case #C13-002, "Proactive Initiative - Computer Misuse and Computer Forensic Support". Some of these records may have been assembled under FOIA/PA 2014-0332 and 2015-0254.

8. All records pertaining to OIG Allegation #A13-07209 and Case #C13-027, "Special Project: NRC Regulatory Oversight". Some of these records may have been assembled under FOIA/PA 2014- 0336 and 2015-0258.

9. All records pertaining to OIG Allegation #A13-07258 and Case #C13-045, "Possible Release of Internal NRC Documents to the Public by an NRC Employee". Some of these records were assembled under FOIA/PA 2014-0341.

10. All records pertaining to OIG Allegation #A13-07267 and Case #C13-052, "Region IV Employee Concerned with Pressure to Downplay Inspection Findings and Retaliation Causing a Chilled Work Environment". Some of these records may have been assembled under FOIA/PA 2014- 0338.

11. All records pertaining to OIG Allegation #A13-07296 and Case #C13-055, "Interference By NRC Officials into an Investigation conducted By the Office of Investigation." Some of these records may have been assembled under FOIA/PA 2014-0331 and 2015-0255.

12. All records pertaining to OIG Allegation #A14-07527, "Possible Compromise of NRC Analyses". Some of these records may have been assembled under FOIA/PA 2015-0305.

13. All records pertaining to OIG Allegation #A14-07534, "Potential Interference with a FOIA Request by the Director of Public Affairs". Some of these records may have been assembled under FOIA/PA 2015-0330.

14. All records pertaining to the 2012-Dec-18 letter from the Chairman of the Senate Committee on Homeland Security & Governmental Affairs (Sen. Joseph Lieberman) to the NRC Inspector General (Hubert Bell) including all studies or investigations done in response to that letter and all follow up correspondence with the Senat,e Committee on Homeland Security & Governmental Affairs, including any responsive records assembled under FOIA/PA 2015-0461 or other relevant releases.

15. ML16238A005, redacted OIG transcript of interview dated 10/19/2012 from OIG C13-001 , released in response to FOIA-2014-0240

16. ML16238A006, redacted OIG transcript of interview dated 10/23/2012 from OIG C13-001 , released in response to FOIA-2014-0241

17. ML16238A007, redacted OIG transcript of interview dated 10/24/2012 from OIG C13-001 , released in response to 2014-0327

18. ML16238A008, redacted OIG transcript of interview dated 11 /29/2012 from OIG C13-001

19. ML16238A009- redacted OIG transcript of interview dated 01/02/2013 from OIG C13-001

20. ML16238A010- audio clip of interview (Exhibit 60)

21. ML16238A011 - audio clip of interview (Exhibit 63)

22. ML16244A001 - audio clip of interview (Exhibit 23)

23. ML16244A003 - audio clip of interview (Exhibit 53)

24. ML16244A004 - audio clip of interview (Exhibit 55)

25. ML16244A005 - audio clip of interview (Exhibit 61) 4

26. ML16244A006 - audio clip of interview (Exhibit # unspecified)

27. ML16244A007 - audio clip of interview (Exhibit # unspecified)

28. ML16244A008, compilation of several documents, including a 12/10/2012 email from Criscione to Commissioners Magwood & Ostendorff accompanied by a meeting scheduler and briefing notes; 11 / 14/2012 Criscione letter to Boxer w/ attachment 4/6/2009 Non-Concurrences [ML091170104J and related emails, etc. (all released in response to FOIA-2014-0237).

29. ML16244A009, redacted Memorandum to File, dated 3/19/2011 from O IG C11-031 ,

released in response to FOIA-2014-0327.

30. ML 16245AOOO, redacted Investigation Record from OIG C11-031, released in response to FOIA-2014-0246 31 . ML16245A001, redacted Investigation Record from OIG C11-031, released in response to FOIA-2014-0327

32. ML16252A004, a letter from the Government Accountability Project to the Special Counsel, dated 09/09/2016, re: Larry Criscione, OSC File No. 01-15-5254

33. L 16216A703, US Department of Justice Declination Sheet, released in response to FOIA-2014-0200

34. ML16216A705, redacted Memorandum of Interview dated 01/13/15 in OIG 13-001/13-005, released in response to FOIA-2014-0327

35. Any other records associated with OIG Case 13-001 and 13-005 D. Records relating to the FOIA Program (some of which I added to ADAMS during this time period):

1. Any and all responsive records pertaining to the following FOIA/PA requests, appeals and lawsuits: 2013-0013, 2013-0008, 2013-0127, 2013-0262, 2013-0239, 2013-0010A, 2013-0015A, 2013- 0018A, 2013-0022A and lawsuit 1 :13-cv-00942-RMC (PEER v. NRC). Including any records that may have been assembled under FOIA/PA 2013-0262 and 2015-0331 or other relevant releases.

2. Power Point presentation entitled "Criscione_2014-0ct-7_ FOIA 2013-0008_&_Exemption_3" submitted by Lawrence Criscione in an email with the subject "Public Input portion of October 7 meeting->Update" and sent to Laura Pearson, David Lochbaum and Karen Danoff on October 6, 2014.

3. Adobe document entitled "Criscione_slides_ &_speaking_notes.pdf' submitted by Lawrence Criscione in an email with the subject "Public Input portion of October 7 meeting->speaking notes" and sent to Laura Pearson, Dave Lochbaum, Jim Riccio and Karen Danoff on October 7, 2014.

4. FOIA-2015-0451 records

5. ML16216A706, 2013-July-5 Appeal from Initial Decision FOIA/PA-2013-00239.pdf

6. ML16216A707, 2013-June-10 Discussion of FOIA Releases regarding the flooding issues at Oconee.pdf

7. ML16216A708, 2013-June-13 Letter from Hirsch to Criscione and Criscione's Response. pdf

8. ML16216A709, 2013-May-24 email from Criscione to Macfarlane, Bell, Doane, Vietti-Cook, Borchardt, Ash, Sealing, Zobler, Grodin and Lee, subj Inquiry Regarding Overdue FOIA Appeals 2013-004A, 006A, 009A, 010A, 011A & 013A.pdf

9. ML16216A710, 2014-Jan-5 Input regarding Audit of NRC's FOIA Process.pdf

10. ML16216A712, 2013-Mar-29 Appeal for refusal to release documents 5

requested under FOIA Requests 201 3-0126, 2013-0127, and 2013-0128

11. ML16216A713, 2012-Nov-15 Entry for FOIA 2013-0008 on p 25 of ML13149A079 and FOIA request 201 3-0262 E. Miscellaneous Records:

1. ML16195A368

2. ML16195A369

3. ML16216A703

4. ML16216A705 I, Lawrence S. Criscione, declare (or certify, verify, or state) under penalty of perjury under the laws of the United States of America that the foregoing is true and correct.

Signature Date Date of Birth 6

From: MorganBuJlec Kjmyata B To: Stevens Margo: Blaney Stephanie Cc: Danoff Karen

Subject:

RE: FOIA-2016-0607; -0664, -0664, -0721, -0723, -0725, - 0727, and -0731 Date: Thursday, September 22, 2016 6:44:34 PM Hi M argo ,

(b)(5)

Let me know if you'd like to discuss.

Thanks, Kim Kimyata Morgan Butler, Chief FOIA, Privacy, and Information Collections Branch Office of the Ch ief Information Officer US Nuclear Regu latory Commission 301-415-0733 From: Stevens, Margo Sent: Thursday, September 22, 2016 11:26 AM To: Blaney, Stephanie <Stephanie.Blaney@nrc.gov>; MorganButler, Kimyat a R

<Kimyata .M orga nButler@nrc.gov>

Cc: Danoff, Ka ren <Karen.Danoff@ nrc.gov>

Subject:

FOIA-2016-0607; -0664, -0664, -0721, -0723, -0725, -0727, and -0731 Stephan ie and Kim -

(b)(5)

(b)(5)

Thanks.

Margo L Stevens

[OIJ\. J\.na[yst/'T'eam Lea,.fer (Contractor)

OCIO/CS'D/TPI13

'lLS. Nudear 'Regufatory Commission 11545 'RocRvi((e 'Pike, :M.ai{ Stoy 'T'-2J"7

'RocRviffe, :Mary(and 20855

'T'e(eyfione #: (301) 415-8148

From: Stevens Margo To: Danoff Karen Subject : RE: RES" response to FOIA/PA-2016-00664 Date: Thursday, September 22, 2016 6:59:00 AM How about meeting at 9:00? I'll come to you.

Jvt.argo L Stevens J"0l.'A. .'A.na{ysl/'T'eam Leader (Conlraclor) 0CI0/CS'D/J"1'l'B

'I.LS. :Nuc(ear 'Regu(atory Commission 11545 'Rockviffe 1Jike, :M.ai{ Stoy 'T'-2:F1 1wckv1((e, :M.ary{anrf 20855

'T'e[eyftone #: (301) 415-8148 From: Danoff, Karen Sent: Wednesday, Septem ber 21, 2016 4:09 PM To: Stevens, M argo <Margo.Stevens@n rc.gov>

Subject:

RE: RES' response to FOIA/PA-2016-00664 Deanna just stopped by and provided me with the paper copies. I'm in the office tomorrow and Friday, but on both days mornings are better. I'm out only on 9/28. Just let me know when/where you want to meet.

From: Stevens, Ma rgo Sent: Wednesday, September 21, 2016 3:24 PM To: Danoff, Karen <Karen Danoff@nrc gov>

Subject:

RE: RES' response to FOIA/PA-2016-00664 Let's plan on going thru this together. Some of this may be hyperbole.

Jvt.argo L Stevens

JOI.A .'A.na{yst/'T'eam Leatfer (Contractor) 0c.10/CS'l.)/]"'PI'B

'U.S. :Nudear 1{egufotory Commission 11545 'Rocfi.vi[{e Pike, :M.ai{ Stoy 'T'-2:[1

'Rocl?.v1ffe, :MaryCanrf 20855

'T'e{eyftone #: (.w1) 415-8148

From: Danoff, Karen Sent: Wednesday, September 21, 2016 2:36 PM To: Stevens, Margo <Margo Steveos@nrc gov>

Subject:

RES' response to FOIIA/PA-2016-00664 This just in from RES. They recommend l(b)(S) I will let you know when I receive the paper copies so "'" w_e_c_a_n_m _e _e_,t_a_,.b_o_u.,..

tt...h_e_m___ ___,

From: FOIAPARES Resource Sent: Wednesday, September 21, 2016 2:33 PM To: Danoff, Karen <Karen Danoff@nrc gov>

Cc: FOIAPARES Resource <FO IAPARES Resource@nrc gov>

Subject:

FW: FOIA/PA-2016-00664 Action Item/Instructions Search for Records in Perfected Req uest Hi Karen, Please find attached RES's response to the subject FOIA. I will be hand carrying the actual records with the pencil marked redactions to you shortly.

Thanks, Deanna From: Danoff, Karen [3]

Sent: Tuesday, August 23, 2016 10:05 AM To: FOIAPARES Resource <FOIAPARES.Resource@nrc.gov>

Cc: Karda ras, Tom <Tom.Kardaras@nrc.gov>; Danoff, Karen <Karen.Danoff@nrc.gov>; FOIA Resource <EOIA,Resource@nrc.gov>

Subject:

FOIA/PA-2016-00664 Act ion Item/Inst ructions Sea rch for Records in Perfected Request om,-es Assjgncd Act;ou on August n. 2016; RES Because the requester is receiving the documents in electronic format, there arc no billable fees. The request is now considered "perfected ." Please provide the Govemmelll In formation Specialist. who is named below, with the respo nsive records on or before September 6, 2016, which is ten ( 10) working days from the date of this e-mail.

The Government Information Specialist for this request is Karen Da noff, who can be reached at 301-415-5072 or Karen Panoff@nrc gov.

If there arc no responsive records, please respond with "No records." lfyou believe any other office, not copied on this e-mtlil, may have responsive records, please let the assigned spec ialist know.

(b)(5)

The FOIA request should be processed in accordance with the standard instructions (How to Respond to a FOIA Request) at ML16123Al64. NRC Forni 511 , "Program Office Response to a FOIA Request" is available in the NRC Forms Library for your use.

In order to document the search conducted, in the event of an appeal challengi ng the adequacy of the search, please also have each member of your staff who conducts a search complete RC Form 51 l A, "Docum entation of a FOIA Search," which is also available in the RC Forms Library for your use. Please review these forms to ensure that an adequate, and consistent, search has been performed within your office. Then include copies o f the completed NRC *orms 5 11 A along with the NRC Form 51 1 you return to the assigned specialist. Alternatively, you may complete the RC Form 51 1A on behal f of your office, based upon the desc riptions of searches provided to you by your office staff.

You are encouraged to ask for assistance in performing adequate ADAMS searches if you have any difficulty doing a search.

NRC Form 496, "Report of Staff Reso urces for Processing FOIA Requests" is also avail able in the NRC Forms Library for your use.

When you respond, plea~e make sure that you are sending your response to FOIA Rcsourcc@nrc ~ov , as well as the assigned spec ialist.

Thank you.

From : Danoff Karen To : Stevens Margo Subject : RE: RES" response to FOINPA-2016-00664 Date: Wednesday, September 21 , 2016 2:39 :07 PM I just realized that your other request came in after this one, so many , if not all , if their recommendations for referrals are already taken care of.

From: Dan off, Karen Sent: Wednesday, Septem ber 21, 2016 2:36 PM To: Stevens, M argo <M argo.Stevens@nrc.gov>

Subject:

RES' response to FOIA/PA-2016-00664 This just in from RES. They recommend ... l(b_)_(5_) _ _ _..---..-----...... I will let you know when I receive the paper copies so we can meet about them .

From: Danoff Karen To: Stevens Margo The 1st attachment is the request, which is Subject : RES" response to FOIA/PA-2016-00664 Date: Wednesday, September 21, 2016 2:36:01 PM publicly available in ADAMS as ML20293A212.

Attachments: 2016-0664.od(

FOIA-2016-00664 RES Resoonse.odf This just in from RES. They recommend referrals to other agencies/offices. I will let you know when I receive the paper copies so we can meet about them.

From: FOIAPARES Resource Sent: Wednesday, September 21, 2016 2:33 PM To: Danoff, Karen <Ka ren.Danoff@nrc.gov>

Cc: FOIAPARES Resource <FO IAPARES.Resource@nrc.gov>

Subject:

FW: FOIA/PA-2016-00664 Action Item/Instructions Search for Records in Perfected Req uest Hi Karen, Please find attached RES's response to the subject FOIA. I will be hand carrying the actual records with the pencil marked redactions to you shortly.

Thanks, Deanna From: Danoff, Karen [mailto:foia.resource@nrcgov)

Sent: Tuesday, August 23, 2016 10:05 AM To: FOIAPARES Resource <FQIAPARES Resource@nrc gov>

Cc: Kardaras, Tom <Tom.Kardaras@nrc.gov>; Danoff, Ka ren <Karen,Danoff@nrc,goy>; FOIA Resource <FOIA.Resource@nrc gov>

Subject:

FOIA/PA-2016-00664 Action Item/Instructions Sea rch for Records in Perfected Request Offices Assigned Action on August 23-, 2016; RES Because 1he requester is receiving the docume nts in electronic format, there are no billable fees. The request is no w considered "perfected." P lease provide the Government In formation Specialist, who is named below, with the responsive records on or before September 6, 2016, which is ten ( I 0) working clays from the date of this e-mail.

The Government Information Specialist for this request is Karen Danoff, who can be reached at 301-415-5072 or Karen Paooff@nrc gov.

If there are no respons ive records, please respond with "No records." If you belie ve any other office, not copied o n this e-ma il. may have responsive records, please lei the assigned specialist know.

(b)(5)

The FOIA request should be processed in accordance with the standard instructions (How to Respond to a FOIA Request) at ML16123Al64. NRC Forni 5 11 , "Program Office Response to a FOIA Request" is avail able in the NRC Forms Library for your use.

In order to document the search conducted, in the event of an appeal challeng ing the adequacy of the search, please also have each member of your staff who conducts a search compl ete NRC Form 51 1A, "Docum entation of a FOlA Search," which is also available in the R C Forms Library for your use. Please review these forms to ensure that an adequate, and consistent, search has been performed wi thin your office. Then include copies of the completed NRC *orms 511 A along with the NRC Form 51 1 you return to the assigned specialist. Alternatively, you may complete the RC Form 51 1A on behalf of your office, based upon the descriptions of searches provided to you by your office staff.

You are encouraged 10 ask for assistance in performing adeq uate ADAMS searches if you have any difficulty doing a search.

NRC Form 496, "Report of Staff Reso urces for Processing FOIA Requests" is also available in the NRC Forms Library for your use.

When you respond, please make sure that you are sending your response to FOIA Rcsource@nrc ~ov, as well as the assigned spec ialist.

Thank you.

NRC FORM 511 U.S. NUCLEAR REGULATORY COMMISSION (11-2015)

PROGRAM OFFICE RESPONSE TO A FOIA REQUEST TO: Government Information Specialist FOIA, Privacy & Information I Karen Danoff Collections Branch (FPIB) I FROM: FOIA Coordinator IDeanna Warner I

SUBJECT:

FOIA- 2016-00664 I I 0 to this request? (Check only one).

Section 1. Is this a partial or final response Section 2. DISCLOSURE RECOMMENDATION: How do you recommend the responsive records be handled?

(b)(5)

Section 3. PERSONAL RECORDS: Did anyone in your office identify personal records that pertain to this request? If so, make sure the employee completes NRC Form 510, Personal Records Checklist, attach a copy, and note in Section 9 whether the employee or FOIA Coordinator is retaining the records, which must be kept for six years.

Section 4. SEARCH : Staff in your office must undertake a search that is reasonably calculated to locate all records responsive to the request. Each person in your office that is asked to search must complete the attached NRC Form 511A, FOIA Search.

You should review the forms to ensure that they are completed properly and reflect a consistent and adequate search. Attach all NRC Forms 511A.

Section 5. WAIVER: Records, or information within records, that may be withheld from release based upon an applicable exemption are subject to release if the NRC has officially disclosed that information previously. For any record, or information within records, that you are recommending be withheld , please confirm that staff has checked public ADAMS and www.nrc.gov to determine that such information has not previously been disclosed. By checking the box at the end of Section 5, you are confirming that your staff did not find that the information recommended to be withheld has been publicly released by the NRC.

Section 6. IDS.C_REtlOti!ARY RELEASEIFORSEEABLEJ:IARM DE"(ERMINAT.lON:

We are recommending that exemption 2 and/or exemption 5 be claimed for certain records (or information within We are making a discretionary release. Briefly describe the records (or information within records) for which such records) and a particularized harm statement, signed by the Office Director or delegate, is attached.

discretion was made.

NRC FORM 511 (11-2015) Page 1 of 2

NRC FORM 511 U.S. NUCLEAR REGULATORY COMMISSION (11-2015)

PROGRAM OFFICE RESPONSE TO A FOIA REQUEST (Continued)

SUBJECT : FOIA- . _ I_ _ _ _ _ _ _ _ _ 2_0 _

16_-_

00_6_6_4_ _ _ _ _ _ _ ___.I Section 7. INCLUDE IN PUBLIC ADAMS: The NRC places FOIA responses (including released records) in public ADAMS unless the records contain information personal to the requester, involve matters that are not likely to be of public interest, or contain privileged or confidential information that should only be disclosed to the requester.

Do any of the records fall under one of these three exceptions to public availability? Yes D No Section 8. fEES..;_ If the actual time spent searching or reviewing records, or number of pages, differs from the fee estimate given previously, complete and attach NRC Form 496, Report of Staff Resources for Processing FOIA Requests.

Section 9. COMMENTS: Please include any other comments that we should know about. In lieu of bracketing the responsive records, you may include a description of the records, or information within the records, that you recommend be redacted, includinq the exemotion(s) that should be claimed. (Attach separate paqes if needed).

(b)(5)

NRC FORM 511 (11 -2015) Page 2 of 2

From: Dennis Suzanne To: Danoff Karen: Stevens Margo Subject : FYI: FOIA-2016-00664 - List of ADAMS Accession Numbers Date: Tuesday, September 20, 2016 1:41 :02 PM Attachments: NRC 511A.odf From: Dennis, Suzanne Sent: Tuesday, September 20, 2016 1:40 PM To: Warner, Deanna <Deanna.Warner@nrc.gov>

Cc: FOIAPARES Resource <FO IAPARES.Resource@nrc.gov>; Correia, Richard

<Richard.Correia@nrc.gov>; Thaggard, Mark <Mark.Thaggard@nrc.gov>

Subject:

RE: FOIA-2016-00664 - List of ADAMS Accession Numbers Hi Deanna, (b)(5)

Let me know how you want to get the records.

Thanks!

Suzanne From: Warner, Deanna Sent: Tuesday, August 23, 2016 11:37 AM To: Dennis, Suzanne <Suzanne.Dennis@nrc.gov>; Correia, Richard <Richard.Correia@ nrc.gov>;

Thagga rd, Mark <Mark.Thaggard@nrc.gov>; Hackett, Edwin <Edwin.Hackett@nrc.gov>; Weber, Michael <Michael. Weber@nre.gov>; Difrancesco, Nicholas <Nicholas. Di Francesco@nre.gov>

Cc: FOIAPARES Resource <FO IAPARES.Resource@nrc.gov>

Subject:

FOIA-2016-00664 - List of ADAMS Accession Numbers Greetings, RES has been tasked with provid ing responsive records to t he subject FOIA.

(b)(5)

Responsive Records guidance and a Summary of FOIA Exemption Classifications are ava ilable to assist the assignee with providing responsive records, including marking documents for redaction and applying exemption codes. Staff can either electronjcal!y mark records for redaction or provide a na rrative describi ng the portions of the records to be withheld.

By September 2, 2016, please respond to D. Warner and FO IAPARES.Resource@nrc.gov by completing the fol lowing:

__ The req uest is outside the scope of t he division/branch responsibil it y; t herefore, there are no responsive records.

_ _ The request is with in the scope of the division/branch responsibility; no responsive records were found. Attached is a Form 511A documenting t he sea rch.

_ _ The request is within the scope of the division/branch responsibility; responsive records were found and confirmation is being provided for the following:

_ Responsive records are att ached or are located at:

Electron ic recommended disclosure determi nations have been made and/or a brief narrative describi ng the nature of information to be withheld is included in this submission Records have been ident ified for Commissio n review. An Init ial disclosure determination has been made by RES staff.

_ Records have been identified that may or ar,e involved in a subject for which litigation is eithe r ongoing or is probable.

_ Records have been identified that in vo lve multiple NRC offices (such as emails) . RES staff has reviewed and made an in it ial recommended disclosure determination on t he overall responsive records.

_ Records have been id entified that are be in g referred to anot her Federal agency.

_ Reco rds have been id entifi ed that are being referred to a lice nsee or other business entity. Contact information is included in this subm issio n.

_ A brief descriptio n (t itl e, date, page cou nt) of class ified records is attached (if applicab le)

_ A foreseeab le ha rm statement for Exemption 2 and/or 5 is attached (if app licable )

_ A discretionary re lease memo is attached for Exempt ion 2 and/o r 5 is attached (if app li cable)

_ A Form 511A is also attached documenting the search .

Technical Staff to use HRMS CAC Code - ZF0000. Staff may monitor FO IA statuses in Share Point by click ing on the following link: http://fusion.nrc.gov/nsir/team/PMDA/Lists/foia/NSI R.aspx.

Thanks, ZJ,UUWU'/ w~

NSIR/RES FOIA Coordinator U.S. Nuclear Regulatory Commission 3WFN 9-AlO 301-287-3702

NRC FORM 511A U.S. NUCLEAR REGULATORY COMMISSION (11-2015)

<JP" ..c*<.,

,.W

~

\~+,,~

/ ~;

. o...

n 0

DOCUMENTATION OF FOIA SEARCH 2016-00664 09/20/2016 FOIA NUMBER I I DATE I I In responding to this FOIA request, you must undertake a search that is reasonably calculated to locate all records that are responsive to the request. You must search in all places where responsive records may be found (electronic and paper). Please have each person in your office who searches for responsive records complete a copy of this form. Then return this form, along with the Form 511 , Program Office Response to a FOIA Request, Form 496, Report of Staff Resources for Processing FOIA Requests (if different from original fee estimate), and any responsive records to the assigned Government Information Specialist:

NAME OF PERSON CONDUCTING SEARCH: ISuzanne Dennis I RES/ORA ORGANIZATION (Office/Division/Branch):

I I ELECTRONIC SEARCH:

1. Please list where you searched (e.g., your email, including archived emails, hard drive (C), server (P), shared drives (G), Sharepoint, ADAMS, desktop, laptop, mobile device, etc.):

ADAMS

2. Please list the systems of records and databases that you searched:

ADAMS only, since request was for specific ML numbers

3. What search terms (e.g., key words or phrases) did you use?

Only specific ML numbers

4. Briefly describe your reasoning for your method of search (e.g., name of nuclear plant, name of case, commonly used acronym, etc.):

Request was for specific ML numbers NRC FORM 511A (11-2015) Page 1 of 2

NRC FORM 511A U.S. NUCLEAR REGULATORY COMMISSION (11-2015)

DOCUMENTATION OF FOIA SEARCH (Continued)

FOIA NUMBER I 2016-00664 I DATE I 09/20/2016 PHYSICAL SEARCH:

1. Please list where you searched (e.g., paper files, microfiche, audio, video, etc.):

N/A

2. Please describe how the paper files are organized and maintained (e.g., alphabetical by name, chronological, etc.):

3. Briefly describe your reasoning for your method of search (e.g ., name of case, name of nuclear plant, commonly used acronym, etc.):

NRC FORM 511 A (11-2015) Page 2 of 2

From: Blaney Stephanie To: Stevens Margo: Panoff Karen Subject : FW: FYI - FOIA/PA-2016-0664 Date: Friday, September 16, 2016 11:09:56 AM Attachments: 2016-0721.od(

FYI, we will probably be meeting with JoeA(b)(6)

From: l(b_

.....)(6_) _ __.

Sent: Friday, September 16, 2016 10:37 AM To: McMillan, Joseph <Josep h.McMil lan@nrc.gov>; l(b)(6)

Cc: Blaney, Stephanie <Stephanie.Blaney@nrc.gov>.___ _ _ _ _ _ _ _ _ _ _ ____

Subject:

FW: FYI - FOIA/PA-2016-0664 (b)(5)

We would like to meet and discuss the situation at hand. When would be a good time for us to meet?

From: Bla ney, Stephanie Sent: Tuesday, September 13, 2016 6:52 AM To: l(b)(6) I

Subject:

RE: FYI - FOIA/PA-2016-0664 We received an additional reauest from Lochbaum for additional records Criscione placed in ADAMS. /

(b)(5)

From: Hb...._)(_6)_ _.....

Sent: Tuesday, August 23, 2016 11:04 AM To: Blaney, Stepha nie <Stephan ie.Blaney@nrc.gov>

Subject:

RE: FYI - FOIA/PA-2016-0664

Stephanie, Are any of the FOIA responses that Criscionne placed in ADAMS OIG reports or OIG records?

(b)(6) Office of Inspector General (b)(6 I Nuclear Regulatory Commission

'!!'I (b)(6) (Desk) I l8J !(b)(6) I From: Bla ney, St ep hanie Sent: Tuesday, August 23 , 2016 8:19 AM To:l(b)(6) I>

Subject:

FYI - FOIA/P A- 2016-0664 The FOIA Office received the attached request and we found that 4 of the ML#s are FOIA request responses that were provided to the re uester only, who then uploaded them to ADAMS. I thought you 'd like to inform Joe or (b)(6) about th is. I've also attached an email with detail about each of the 4 ML#s.

Thanks, Stephanie Blaney

NRC FORM 464 Part I U.S. NUCLEAR REGULATORY COMMISSION FOIA RESPONSE NUMBER

'¥~-

(03-2017)

• s RESPONSE TO FREEDOM OF I 2016-0664 11 4

I

\~......rt.i INFORMATION ACT (FOIA) REQUEST RESPONSE TYPE INTERIM [Z] FINAL REQUESTER: DATE:

IDavid Lochbaum 08/ 15/2017 11 I DESCRIPTION OF REQUESTED RECORDS:

Requ est for 22 documents by ADAM S Accession Number.

PART I. -- INFORMATION RELEASED You have the right to seek assistance from the NRC's FOIA Public Liaison. Contact information for the NRC's FOIA Public Liaison is available at bttQs:{Lwww,nrc,govLreading-rmlfoia/contact-foia.html Agency records subject to the request are already available on the Public NRC Website, in Public ADAMS or on microfiche in the 0 NRC Public Document Room.

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 that agency (see comments section) for a disclosure determination and direct response to you.

We are continuing to process your request.

[Z] See Comments.

PART I.A ** FEES NO FEES AMOUNr You will be billed by NRC for the amount listed.

0 Minimum fee threshold not met.

II II You will receive a refund for the amount listed. Due to our delayed response, you will

• see Comments for details Fees waived. not be charged fees.

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 0 enforcement and national security records as not subject to the FOIA ("exclusions"). 5 U.S.C. 552(c). This is a standard notification given to all requesters; it sh ould 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 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 by sending a letter or e-mail to the FOIA Officer, at U.S. Nuclear Regulatory Commission, Washington, D.C. 20555-0001, or FOIA.Resource@nrc.gov. Please be

[Z] suire to include on your letter or email that it is a "FOIA Appeal." You have the right to seek dispute resolution services from the NRC's Public Liaison, or the Office of Government Information Services (OGIS). Contact information for OGIS is available at hll.ps;lLogis,arcbi11es,govlabQu!:Qgi§_Lc_o11ta_ct-informa1LcmJllm PART I.C COMMENTS ( Use attached Comments continuation page if required)

We p rovided interim responses to you on 02/ 17/2017, 04/27/2017, and 05/01 /2017. This final response addresses the remaining seven (7) records listed in your r equest. Since the date of your r equest, th ese records have been removed from ADAMS. H owever, because the NRC was abl e to l ocate them by the accession numbers when your request was received, we have processed the records, except as noted below.

[continued on next page]

Signature - Freedom of Information Act Officer o r Designee Distribution S tephan1e . A. Blaney oo***-"""""""'"""

ON C"IJS, o,,,u S Ol),,llfNl'lllnLOll'"U S ~ r Reg.,JaUJl'y Coll'tl!IMlon. o,,;,,~C.

AV. ~ . . .,,.* * ~,.,.,._,.,,.,_,.,..,..,. . , .,.,.,,,,,,,

I isECY Date2011001$134U2-0-1xr I

OFFICE ACTION OFFICER FOIA OFFICER NAME ML Stevens SA Blaney PUBLIC ADAMS DATE 08/15/2017 08/15/2017 NON-PUBLIC ADAMS NRG Form 464 Part I (03-2017) Page 1 of 3

NRC FORM 464 Part I U.S. NUCLEAR REGULATORY COMMISSION FOIA RESPONSE NUMBER (03-2017) 1 2016-0664 4 RESPONSE TO FREEDOM OF INFORMATION 11 ACT (FOIA) REQUEST Continued [Z]

RESPONSE

INTERIM FINAL TYPE REQUESTER: DATE:

loavid Lochbaum 11 08/ 15/2017 PART I.C COMMENTS (Continued)

MLI 6201A086 consists of an email, dated May 19, 2016, from an NRC staff member, Lawrence Criscione (who has furnished a privacy waiver), forwarding to the Chairman's office an email he had previously sent to the Inspector General (IG) that served as a FOIA appeal of a "no record' response he received in a prior FOIA request. Attached to this email is the FOIA response, as well as a copy of a December 18, 2012, letter from then-Senator Lieberman to the JG (to which Mr.

Criscione's letter to the Senator was attached). This letter was released by the OlG, in part, to Mr. Criscione in response to another FOIA request; however, it bears a typewritten annotation presumably added by Mr. Criscione before he included it in his email to the Chairman's office. The Chairman's office confitmed that it located this record within its record systems.

This record is enclosed; please note that the Senator's letter has a single redaction based on 7C, as the OIG released it. And, after consulting w ith another Federal agency having equity in the information contained in the record, we have made ce1tain other redactions in rel iance on FOIA exemptions 6, 7 A, and 7C.

MLI 620 I A093 consists of an email, dated May 19, 2016, from Mr. Criscione that forwards to the Chairman's office earlier emai l communications he had with other NRC staff members and an external recipient about an ACRS-ACE Memorandum of Understanding (MOU). The Chairman's office confirmed that it located this record within its record systems. The MOU was released in full in response to FOIA-2016-0455 and is publicly available as ML16125A531. The email is enclosed.

ML16201A095 consists ofan email, dated May 19, 2016, from Mr. Criscione that forwards to the Chairman's office earlier email communications he had with various NRC staff members about "need-to-know requirements for SUNS!" [Sensitive Unclassified Non-Safeguards Information]. The Chairman's office confirmed that it located this record within its record systems. Exemption 6 is claimed for a few cell phone numbers. And, after consulting with another Federal agency having equity in the information contained in the record, we have made certain redactions on the enclosed record in reliance on FOIA exemptions 6, 7 A, and 7C.

MLI 6201 A I 00 consists of an email, dated May 19, 2016, from Mr. Criscione that forwards to the Chairman's office earlier emai l communications he had with various NRC staff members, an outside guest speaker, and various cong ressional staff, about a Taum Sauk Upper Reservoir fai lure and its adverse affect on the Toops fam ily. The Chai1man's office confirmed that it loc ated this record within its record systems. After consulting with another Federal agency having equity in the information contained in the record, we have made one redaction on the enclosed record in reliance on FOIA exemptions 6, 7A, and 7C.

MLI6202A536 consists ofan emai l, dated May 9, 2016, from Mr. Criscione to the Chairman's office, including fou r attachments containing multiple documents, concerning a personal matter. Although the Chairman's office confirmed that it received an email from Mr. Criscione on this date, the attachment received by, and maintained in, the Chairman's office includes many more pages than appear in this record. Given its personal nature, and the fact that the record is not identical (i.e., it is incomplete) to the copy located in the Chairman's office, we have determined that it is a personal record. As such, it is not subject to the FOIA and has not been processed.

ML16202A537 consists of two emails, dated May 11 and 17, 2016, both from Mr. Criscione to the Chairman's office, concerning an upcoming interview concerning the same personal matter. The Chairman's office confirmed that it located this record within its record systems. This record is enclosed; please note that after consulting with another Federal agency having equity in the inforn1ation contained in the record, we have made certain redactions in reliance on FOIA exemptions 6, 7A and 7C.

ML I 6202A538 consists of an email, dated May 20, 20 I 6, from Mr. Criscione to the Chainnan's office after the above-referenced interview had taken place. The Chairman's office confirmed that it located this record within its record systems.

This record is enclosed; please note lhat after consulting with another Federal agency having equity in the information contained in the record, we have made one redaction in reliance on FOJA exemptions 6, 7A and 7C.

NRC Form 464 Part I (03-2017) Page 3 of 3

NRC FORM 464 Part II U.S. NUCL EAR REGULATORY COMMISSION FOIA (03-2017)

{¥\.......

\. ';/)

RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST I

DATE:

20 16-0664#4 I

I 08/ 15/2017 I

PART II.A -- APPLICABLE EXEMPTIONS Records subject to the request are being w ithheld in their entirety or in part under the FOIA exemption(s) as indicated below (5 U.S.C. 552(b)).

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

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, w hich 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 wilhheld 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 or 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.

Deliberative process privilege.

Attorney work product privilege.

Attorney-client privilege.

[Z] 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.

[Z] Exemption 7: The withheld information consists of records compiled for law enforcement purposes and is being withheld for the reason(s) indicated.

[Z] (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 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 an individual.

Other I I PART I1.B -- DENYING OFFICIALS In accordance with 10 CFR 9.25(9) 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 APPELLATE OFFICIAL DENYING OFFICIAL TITLE/OFFICE RECORDS DENIED EDO SECY I I I [Z]

Rochelle Bavol 1 1 Exec Asst to the Secy to the Commission third party Pll; material pertaining to an I Iongoing enforcement proceedi ng 1 1 I 1 1 I I Appeals must be made in writing within 90 calendar days of the date of this response by sending a letter or email to the FOIA Officer, at U.S. Nuclear Regulatory Commission, Washington, D.C. 20555-0001, or FOIA.Resource@nrc.gov. Please be sure to include on your letter or email that it is a "FOIA Appeal."

NRG Form 464 Part 11 (03-2017) Page 1 of 1

NRC FORM 464 Part I U.S. NUCLEAR REGULATORY COMMISSION FOIA RESPONSE NUMBER

'¥~-

(03-2017)

• s RESPONSE TO FREEDOM OF I 2016-0665 11 4

I

\~......rt.i INFORMATION ACT (FOIA) REQUEST RESPONSE TYPE INTERIM [Z] FINAL REQUESTER: DATE:

IDarth Vader 08/ 15/2017 11 I DESCRIPTION OF REQUESTED RECORDS:

Requ est for 22 documents by ADAM S Accession Number.

PART I. -- INFORMATION RELEASED You have the right to seek assistance from the NRC's FOIA Public Liaison. Contact information for the NRC's FOIA Public Liaison is available at bttQs:{Lwww,nrc,govLreading-rmlfoia/contact-foia.html Agency records subject to the request are already available on the Public NRC Website, in Public ADAMS or on microfiche in the 0 NRC Public Document Room.

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 that agency (see comments section) for a disclosure determination and direct response to you.

We are continuing to process your request.

[Z] See Comments.

PART I.A ** FEES NO FEES AMOUNr You will be billed by NRC for the amount listed.

0 Minimum fee threshold not met.

II II You will receive a refund for the amount listed. Due to our delayed response, you will

• see Comments for details Fees waived. not be charged fees.

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 0 enforcement and national security records as not subject to the FOIA ("exclusions"). 5 U.S.C. 552(c). This is a standard notification given to all requesters; it sh ould 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 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 by sending a letter or e-mail to the FOIA Officer, at U.S. Nuclear Regulatory Commission, Washington, D.C. 20555-0001, or FOIA.Resource@nrc.gov. Please be

[Z] suire to include on your letter or email that it is a "FOIA Appeal." You have the right to seek dispute resolution services from the NRC's Public Liaison, or the Office of Government Information Services (OGIS). Contact information for OGIS is available at hll.ps;lLogis,arcbi11es,govlabQu!:Qgi§_Lc_o11ta_ct-informa1LcmJllm PART I.C COMMENTS ( Use attached Comments continuation page if required)

We p rovided interim responses to you on 02/ 17/2017, 04/27/2017, and 05/01 /2017. This final response addresses the remaining seven (7) records listed in your r equest. Since the date of your r equest, th ese records have been removed from ADAMS. H owever, because the NRC was abl e to l ocate them by the accession numbers when your request was received, we have processed the records, except as noted below.

[continued on next page]

Signature - Freedom of Information Act Officer o r Designee Distribution S tephan1e . A. Blaney oo***-"""""""'"""

ON C"IJS, o,,,u S Ol),,llfNl'lllnLOll'"U S ~ r Reg.,JaUJl'y Coll'tl!IMlon. o,,;,,~C.

AV. ~ . . .,,.* * ~,.,.,._,.,,.,_,.,..,..,. . , .,.,.,,,,,,,

I isECY Date2011001$134U2-0-1xr I

OFFICE ACTION OFFICER FOIA OFFICER NAME ML Stevens SA Blaney PUBLIC ADAMS DATE 08/15/2017 08/15/2017 NON-PUBLIC ADAMS NRC Form 464 Part I (03-2017) Page 1 of 3

NRC FORM 464 Part I U.S. NUCLEAR REGULATORY COMMISSION FOIA RESPONSE NUMBER (03-2017) 1 2016-0665 4 RESPONSE TO FREEDOM OF INFORMATION 11 ACT (FOIA) REQUEST Continued [Z]

RESPONSE

INTERIM FINAL TYPE REQUESTER: DATE:

loarth Vader 11 08/ 15/2017 PART I.C COMMENTS (Continued)

MLI 6201A086 consists of an email, dated May 19, 2016, from an NRC staff member, Lawrence Criscione (who has furnished a privacy waiver), forwarding to the Chairman's office an email he had previously sent to the Inspector General (IG) that served as a FOIA appeal of a "no record' response he received in a prior FOIA request. Attached to this email is the FOIA response, as well as a copy of a December 18, 2012, letter from then-Senator Lieberman to the JG (to which Mr.

Criscione's letter to the Senator was attached). This letter was released by the OlG, in part, to Mr. Criscione in response to another FOIA request; however, it bears a typewritten annotation presumably added by Mr. Criscione before he included it in his email to the Chairman's office. The Chairman's office confitmed that it located this record within its record systems.

This record is enclosed; please note that the Senator's letter has a single redaction based on 7C, as the OIG released it. And, after consulting w ith another Federal agency having equity in the information contained in the record, we have made ce1tain other redactions in rel iance on FOIA exemptions 6, 7 A, and 7C.

MLI 620 I A093 consists of an email, dated May 19, 2016, from Mr. Criscione that forwards to the Chairman's office earlier emai l communications he had with other NRC staff members and an external recipient about an ACRS-ACE Memorandum of Understanding (MOU). The Chairman's office confirmed that it located this record within its record systems. The MOU was released in full in response to FOIA-2016-0455 and is publicly available as ML16125A531. The email is enclosed.

ML16201A095 consists ofan email, dated May 19, 2016, from Mr. Criscione that forwards to the Chairman's office earlier email communications he had with various NRC staff members about "need-to-know requirements for SUNS!" [Sensitive Unclassified Non-Safeguards Information]. The Chairman's office confirmed that it located this record within its record systems. Exemption 6 is claimed for a few cell phone numbers. And, after consulting with another Federal agency having equity in the information contained in the record, we have made certain redactions on the enclosed record in reliance on FOIA exemptions 6, 7 A, and 7C.

MLI 6201 A I 00 consists of an email, dated May 19, 2016, from Mr. Criscione that forwards to the Chairman's office earlier emai l communications he had with various NRC staff members, an outside guest speaker, and various cong ressional staff, about a Taum Sauk Upper Reservoir fai lure and its adverse affect on the Toops fam ily. The Chai1man's office confirmed that it loc ated this record within its record systems. After consulting with another Federal agency having equity in the information contained in the record, we have made one redaction on the enclosed record in reliance on FOIA exemptions 6, 7A, and 7C.

MLI6202A536 consists ofan emai l, dated May 9, 2016, from Mr. Criscione to the Chairman's office, including fou r attachments containing multiple documents, concerning a personal matter. Although the Chairman's office confirmed that it received an email from Mr. Criscione on this date, the attachment received by, and maintained in, the Chairman's office includes many more pages than appear in this record. Given its personal nature, and the fact that the record is not identical (i.e., it is incomplete) to the copy located in the Chairman's office, we have determined that it is a personal record. As such, it is not subject to the FOIA and has not been processed.

ML16202A537 consists of two emails, dated May 11 and 17, 2016, both from Mr. Criscione to the Chairman's office, concerning an upcoming interview concerning the same personal matter. The Chairman's office confirmed that it located this record within its record systems. This record is enclosed; please note that after consulting with another Federal agency having equity in the infom1ation contained in the record, we have made certain redactions in reliance on FOIA exemptions 6, 7A and 7C.

ML I 6202A538 consists of an email, dated May 20, 20 I 6, from Mr. Criscione to the Chainnan's office after the above-referenced interview had taken place. The Chairman's office confirmed that it located this record within its record systems.

This record is enclosed; please note lhat after consulting with another Federal agency having equity in the information contained in the record, we have made one redaction in reliance on FOIA exemptions 6, 7A and 7C.

NRC Form 464 Part I (03-2017) Page 3 of 3

NRC FORM 464 Part II U.S. NUCL EAR REGULATORY COMMISSION FOIA (03-2017)

{¥\.......

\. ';/)

RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST I

DATE:

20 16-0665#4 I

I 08/ 15/2017 I

PART II.A -- APPLICABLE EXEMPTIONS Records subject to the request are being w ithheld in their entirety or in part under the FOIA exemption(s) as indicated below (5 U.S.C. 552(b)).

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

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, w hich 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 wilhheld 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 or 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.

Deliberative process privilege.

Attorney work product privilege.

Attorney-client privilege.

[Z] 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.

[Z] Exemption 7: The withheld information consists of records compiled for law enforcement purposes and is being withheld for the reason(s) indicated.

[Z] (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 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 an individual.

Other I I PART I1.B -- DENYING OFFICIALS In accordance with 10 CFR 9.25(9) 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 APPELLATE OFFICIAL DENYING OFFICIAL TITLE/OFFICE RECORDS DENIED EDO SECY I I I [Z]

Rochelle Bavol 1 1 Exec Asst to the Secy to the Commission third party Pll; material pertaining to an I Iongoing enforcement proceedi ng 1 1 I 1 1 I I Appeals must be made in writing within 90 calendar days of the date of this response by sending a letter or email to the FOIA Officer, at U.S. Nuclear Regulatory Commission, Washington, D.C. 20555-0001, or FOIA.Resource@nrc.gov. Please be sure to include on your letter or email that it is a "FOIA Appeal."

NRG Form 464 Part 11 (03-2017) Page 1 of 1