ML20293A223

NRC-2016-000665 - Resp 4 - Final, Agency Records Subject to the Request Are Enclosed

ML20293A223
Person / Time
Issue date:	08/15/2017
From:	Stephanie Blaney NRC/OCIO
To:	Vader D - No Known Affiliation
Shared Package
ML20293A219	List: ML20293A221 ML20293A222 ML20293A223
References
FOIA, NRC-2016-000665
Download: ML20293A223 (3)

Text

NRC FORM 464 Part I U.S. NUCLEAR REGULA TORY COMMISSION FOIA RESPONSE NUMBER (03-2017)

RESPONSE TO FREEDOM OF I 2016-0665 11 4 INFORMATION ACT (FOIA) REQUEST RESPONSE I.t I TYPE D INTERIM FINAL REQUESTER: DATE:

IDarth Vader 11 osn 5120 l 1 DESCRIPTION OF REQUESTED RECORDS:

Request 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 https://www.nrc.gov/reading-rm/foia/contact-foia.html 171 Agency records subject to the request are already available on the Public NRC Website, in Public ADAMS or on microfiche in the l.!.J 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 D referred to that agency (see comments section) for a disclosure determination and direct response to you.

D We are continuing to process your request.

0 See Comments.

PART I.A -- FEES NO FEES AMOUNT" D You will be billed by NRC for the amount listed.

0 Minimum fee threshold not met.

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

D Due to our delayed response, you will

• See Comments for details D Fees waived. not be charged fees.

PART l.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 171 L!.J 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 D 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 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 https://ogis.archives.gov/about-ogis/contact-information.htm PART l.C COMMENTS ( Use attached Comments continuation page if required)

We provided 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 request. Since the date of your request, these records have been removed from ADAMS. However, because the NRC was. able to locate 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 or Designee Dig1tallysignedbyStephan111A Blaney Stephanie A. Blaney ON c=US. o=U.S Government, ousU S Nuclear Regulatory Comm1Ss10n. otFNRC-PIV. cn=Stephanie A. Blaney, 0.9.2342 19200300 100 1 1"'200001997 D111te2017.08.1513.4138-04'00' NRG Form 464 Part I (03-2017) I Add Continuation Page I Page 2 of 3

NRC FORM 464 Part I U.S. NUCLEAR REGULATORY COMMISSION FOIA RESPONSE NUMBER (03-2017)

RESPONSE TO FREEDOM OF INFORMATION I 2016-0665 11 4 ACT (FOIA) REQUEST Continued RESPONSE TYPE D INTERIM I./ I FINAL REQUESTER: DATE:

loarth Vader 11 0811512017 PART l.C COMMENTS (Continued)

ML16201A086 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 (JG) that served as a FOIA appeal ofa "no record' response he received in a prior FOIA request. Attached to this email is the FOIA response, as well as a copy ofa 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 OIG, 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 confirmed 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 with another Federal agency having equity in the information contained in the record, we have made certain other redactions in reliance on FOIA exemptions 6, 7A, and 7C.

ML1620IA093 consists of an email, dated May 19, 2016, from Mr. Criscione that forwards to the Chairman's office earlier email 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 of an 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, 7A, and 7C.

ML16201Al00 consists of an 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, an outside guest speaker, and various congressional staff, about a Taum Sauk Upper Reservoir failure and its adverse affect on the Toops family. The Chairman's office confirmed that it located 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.

ML16202A536 consists of an email, dated May 9, 2016, from Mr. Criscione to the Chairman's office, including four 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 information contained in the record, we have made certain redactions in reliance on FOIA exemptions 6, 7A and 7C.

ML l 6202A538 consists of an email, dated May 20, 2016, from Mr. Criscione to the Chairman'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 that 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.

NRG Form 464 Part I (03-2017) Page 3 of 3

NRC FORM 464 Part II U.S. NUCLEAR REGULA TORY COMMISSION FOIA (03-2017)

RESPONSE TO FREEDOM OF I 2016-0665#4 INFORMATION ACT (FOIA) REQUEST DATE:

I os11s12017 PART II.A -- APPLICABLE EXEMPTIONS Records subject to the request are being withheld in their entirety or in part under the FOIA exemplion(s) as indicated below (5 U.S.C. 552(b)).

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

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

D Exemption 3: The withheld information is specifically exempted from public disclosure by the statute indicated.

D Sections 141-145 of the Atomic Energy Act, which prohibits the disclosure of Restricted Data or Formerly Restricted Data (42 U.S.C. 2161-2165).

D Section 147 of the Atomic Energy Act, which prohibits the disclosure of Unclassified Safeguards Information (42 U.S.C. 2167).

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

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

D indicated.

The information is considered to be proprietary because it concerns a licensee's or applicant's physical protection or material control and D accounting program for special nuclear material pursuant to 10 CFR 2.390(d)(1).

D The information is considered to be another type or confidential business (proprietary) information.

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

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

D Deliberative process privilege.

D Attorney work product privilege.

D Attorney-client privilege.

Exemption 6: The withheld information from a personnel, medical, or similar file, is exempted from public disclosure because its disclosure would result f7l L!.J 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 D sources.

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

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

D Other I 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 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 IRochelle Bavol II Exec Asst to the Secy to the Commission 11 third party PII; material pertaining to an D 0 I 11 Iongoing enforcement proceeding I D D I 11 I D D 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 II (03-2017) Page 1of1