Latest revision as of 21:04, 20 January 2022

Text

NRC-2018-000513 - Resp 3 - Interim. Agency Records Subject to the Request Enclosed, Part 6 of 8
	ML21027A386
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: ML21027A386 (686)
	v • d • e

{{#Wiki_filter:RES/OGC/FPIB Meeting December 20, 2016 3:00-4:30 As reflected in the attached 15-page Matrix, there are 58 documents (or groups of documents) that Larry Criscione entered into ADAMS in 2016. For today's meeting, the documents on pages 1-10 should be our focus. (b)(5)

(b)(5) From: Stevens, Margo Sent: Thursday, February 16, 201 7 1:34 PM To: Danoff, Karen

Subject:

RE: Following up on yesterday's call with Stephanie You're welcome. When Stephanie returns tomorrow, she should be able to sign my final to FO!A-2016-0727 so I can close out another one! Matrix up to date from my end (including Lisa's concurrence below).

Mar90 L. Stevens J'OI.JJ.. .JJ..nalyst/ 'Jeam £.eaaer (Contractor)

OCIO/(i'E:MS/Jnfqrm,a,tfnn Services 1francli U.S. :Nudear 'Regu{atory Commission 11545 'Roci:vi((e, Pike, :M.aiCStoy 'I'-2]'7

'RocivuCe, :M.ary{ana20855
'I'e{.eyfwne #: (301) 4 15-8148 From: Danoff, Karen Sent: Thursday, February 16, 2017 1:21 PM To: Stevens, Margo <Margo.Stevens@nrc.gov>; Blaney, Stephanie <Stephanie.Blaney@nrc.gov>

Subject:

RE: Following up on yesterday's call with Stephanie Thanks, Margo, for receiving clarification on this record. I can now proceed with my interim responses. From: Stevens, Margo Sent: Thursday, February 16, 2017 1:01 PM To: Clark, Lisa <Lisa.Clark@nrc.gov> Cc: Blaney, Stephanie <St ephanie.Blaney@nrc.gov>; Danoff, Karen <Karen.Danoff@nrc.gov>

Subject:

RE: Following up on yesterday's call with Stephanie Great! Glad we're on the same page. Thanks for responding so quickly

Margo L. Stevens J'OI.JJ.. .JJ..nafyst/ 'Jeam .£.eaaer (Contractor)

OCIO/{j'E:M.S/Information Services 1Jrancfi 'll..S. Nucr.ear 'Regu{atory Commission 11545 'RockvuCe Pike, :M.atCStoy 'I'-2]'7 'Rockvt{[e,, :M.ary{ana20855 Te{.eyfione #: (301) 415-8148 1

From: Clark, Lisa Sent: Thursday, February 16, 2017 12:58 PM To: Stevens, Margo <Margo.Stevens@nrc.gov> Cc: Blaney, Stephanie <Stephanie. Blaney@nrc.gov>

Subject:

RE: Following up on yesterday's call with Stephanie Margo Lisa From: Stevens, Margo Sent: Thursday, February 16, 2017 11:50 AM To: Clark, Lisa <Lisa.Clark@nrc.gov> Cc: Blaney, Stephanie <Stephanie.Blalley@nrc.gov>; Danoff, Karen <Karen.Danoff@nrc.gov>

Subject:

Following up on yesterday's call with Stephanie Hi Lisa. Yesterday, Karen and I discussed with Stephanie the attached document, which is the subject of one or more of the "Criscione-group" of requests. (b)(5) 2

Mar90 £.. Stevens

f0l.7t ..'A.na{yst/'leam Leader (Contractor)

OCIO/(j'E:M.S/Informatiun Services ~randi 'U.S. :Nuckar 'Regu(a.tory Commission 11545 'Rocli:vifie Pike, :Mai{Stoy 'I'-2:f7 'Roci.vi/Ie, :M.ary(aruf20855 Tekyfione #: (301) 415-8148 3

From: Stevens, Margo Sent: Thursday, February 02, 2017 8:57 AM To: Clark, Lisa; Clark, Michael; Janney, Margie; Thaggard, Mark Cc: Danoff, Karen; McGowan, Anna; Blaney, Stephanie

Subject:

RE: Clarification of Agency/Non-Agency Record Status {for FOIA Purposes) We now have alignment. Thanks, all. Margo L. Stevens FOIA Analyst/Team Leader (Contractor) OCIO/GIMS/User Services&FOIA/Privacy Branch U.S. Nuclear Regulatory Commission 11545 Rockville Pike, Mail Stop T-2 F7 Rockville, Maryland 20855 Telephone#: (301) 415-8148

Original Message-~--

From: Clark, Lisa Sent: Thursday, February 02, 2017 8:50 AM To: Clark, Michael <Michael.Clark@nrc.gov>; Stevens, Margo <Margo.Stevens@nrc.gov>; Janney, Margie <Margie.Janney@nrc.gov>; Thaggard, Mark <Mark.Thaggard@nrc.gov> Cc: Danoff, Karen <Karen.Danoff@nrc.gov>; McGowan, Anna <Anna.McGowan@nrc.gov>; Blaney, Stephanie <Stephanie.Blaney@nrc.gov>

Subject:

RE: Clarification of Agency/Non-Agency Record Status (for FOIA Purposes)

All, Lisa

Original Message-----

From: Clark, Michael Sent: Monday, January 30, 2017 3:21 PM To: Stevens, Margo <Margo.Stevens@nrc.gov>; Janney, Margie <Margie.Janney@nrc.gov>: Thaggard, Mark <Mark.Thaggard@nrc.gov> ' Cc: Clark, Lisa <Lisa.Clark@nrc.gov>: Danoff, Karen <Karen.Danoff@nrc.gov>: McGowan, Anna <Anna.McGowan@nrc.gov>; Blaney, Stephanie <Stephanie.Blaney@nrc.gov>

Subject:

RE: Clarification of Agency/Non-Agency Record Status {for FOIA Purposes)

Margo, Your proposed approach sounds reasonable to me. Lisa Clark will return on Thursday, however, and if an answer could wait until then, that would be ideal. I wasn't at the January 7 meeting, and assuming Lisa was, she'd have the more informed view for OGG.

Mike 1

Original Message----

From: Stevens, Margo Sent: Monday, January 30, 2017 9: 17 AM To: Clark, Michael <Michael.Clark@nrc.gov>; Janney, Margie <Margie.Janney@nrc.gov>; Thaggard, Mark <Mark.Thaggard@nrc.gov> Cc: Clark, Lisa <Lisa.Clark@nrc.gov>; Danoff, Karen <Karen.Danoff@nrc.gov>; McGowan, Anna <Anna.McGowan@nrc.gov>; Blaney, Stephanie <Stephanie.Blaney@nrc.gov>

Subject:

Clarification of Agency/Non-Agency Record Status (for FOIA Purposes) Importance: High Good morning all. I see that several of you will not be back in the office until tomorrow (and, Michael, I have sent this to you in Lisa's absence this week). (b)(5) Thank you for your time/consideration. 2

From: Devlin-Gill, Stephanie Sent: Wednesday, January 25, 2017 5:00 PM To: Cook, Christopher Cc: Barnhurst, Daniel; Harvey, Brad

Subject:

COOK REMINDER: ACTION: FOIA/PA-2016-00725 Oconee Nuclear Station, Units 1,2, and 3 Attachments: 2016-0725.pdf; How To Respond To An Initial FOIA(3).pdf; NRC 496 for new requests.pdf; ML15356A158 (redaction questions) (003).pdf The request, which is the 1st attachment, is publicly available in ADAMS as Importance: High ML20294A123. The 3rd attached record (as ultimately processed) has been addressed in response to multiple requests including interim response # 3 to your NRC-2018-000096. That response is publicly available in ADAMS as Chris, ML20288A414. This is a reminder that this FOIA is with you for action. Do_you anticipate any trouble completing the action by Thurs., Feb 2? stephanie From: NRO_FOIA Resource Sent: Monday, January 23, 201711:15 AM To: Spence, Jane <Jane.Spence@nrc.gov> . Cc: Devlin-Gill, Stephanie <Stephanie.Devlin-Gill@nrc.gov>; Cook, Christopher <Christopher.Cook@nrc.gov>; NRO_FOIA Resource <NRO_FOIA.Resource@nrc.gov>; Coates, Anissa <Anissa.Coates@nrc.gov>; Stevens, Margo

 <Margo.Stevens@nrc.gov>

Subject:

REFERRAL ACTION: FOIA/PA-2016-00725 Oconee Nuclear Station, Units 1,2, and 3 Importance: High ACTION: DSEA

Subject:

FOIA/PA-2016-00725 - Oconee Nuclear Station, Units 1,2, and 3 Staff Assessment of Response to Request for Information Pursuant to 10CFR50.54(f) Flood-Causing Mechanisms Reevaluation (CAC NO~. MF1012, MF1013, and MF1014) and Path Forward on Confirmatory Action Letter Due Date: 2/2/17 (please provide your determination to the NRO_FOIA Resource along with the completed attached form NRC 496) NOTE from Margo Stevens, OIS The action needing to be taken: I have one additional Oconee/flooding-related record (item 13 on the attached request) that I must ask you/your staff to re-review. It was the subject of a prior FOIA request, FOIA-2016-0451. I have directed this email to NRO because NRO was primary on the content to be redacted during the orocessinq of FOIA-2016-0451 althouah I believe NRR was involved as well. I (b)(5)

Attachments:

Document to be Review (ML15356A158
NRC Form 496, "Report of Staff Resources for Processing FOIA Request"
How to Respond to an Initial FOIA The Government Information Specialist for this request is Margo Stevens, who can be reached at 301-415-8148. or Marqo.Stevens@nrc.gov

Thanks, NRO FOIA Team

~~~ 2

How To Respond To An Initial FOIA Request What is the Freedom of Information Act (FOIA)? The FOIA was passed by Congress in 1966. It permits any person, whether a citizen or not, to request records in possession and control of a Federal agency, and the agency must provide access to those records unless they are exempted from disclosure by one of the nine exemption categories in the Act. You should follow the steps listed below as you process a FOIA request. Each step is explained following the list. _ _ Step 1: Make sure you clearly understand what records the requester is seeking. _ _ Step 2: Determine if you are likely to have records subject to the request. _ _ Step 3: Provide an estimate of search and review time and an estimate of pages if required. _ _ Step 4: What to do if expedited processing is required. _ _ Step 5: Search for records responsive to the request. _ _ Step 6: Determine if records are to be released or withheld from the requester. _ _ Step 7: Bracket information that should be withheld. Prepare a foreseeable harm statement for information proposed to be withheld pursuant to Exemptions 2, 4, 5, 6 and 7, if not obvious. _ _ Step 8: Organize the records responsive to the request and submit them to you office FOIA coordinator. _ _ Step 9: Submit your response package to the FOIA/PA Specialist. Step 1: Make sure you clearly understand what records the requester is seeking. The FOIA/PA Specialist will make every effort to clarify the scope of the request before forwarding the request to the office FOIA coordinators. However, if you have questions about the request you should contact your office FOIA coordinator. If you believe you need additional clarification on the scope of the request, you should ask your office FOIA coordinator to request that the agency FOIA/PA Specialist responsible for overseeing processing of the request contact the requester for clarification or alternative.ly arrange a conference call with the requester at which time you may ask questions or offer suggestions to further define the scope of the request. Note that no contact should be made with the requester unless approved by the agency FOIA/PA Specialist so that all contacts with the requester meet the needs of all others who have a role in processing the request. Step 2: Determine If you are likely to have records subject to the request. Based on your knowledge of the subject matter of the request, you should determine if you will have records responsive to the request. You are only required to look for records where 1 ML060590485

you believe it is reasonable to expect you will locate paper or electronic records covered by the subject matter of the request. Only agency records that are in existence on the date NRC received the request are subject to a FOIA request. Agency records are records created or obtained by the agency and under the agency control at the time of request. This inc!ludes records created by the NRC staff, records submitted to the N RC by applicants, licensees, contractors, Federal and state agencies, international organizations and members of the public. No records that are potentially responsive to the FOIA request may be destroyed after receipt of the FOIA request. However, there is no need to reconstruct a record that was destroyed prior to receipt of a request nor does NRC have to inform the requester that a record does not exist since it was destroyed prior to receipt of the request. As a matter of discretion, you may include records that can be released that were created after the date a request was received if you believe it would provide a clearer picture of agency actions regarding the subject of the request. The agency is not obligated to create a record to respond to a request. Neither does the FOIA require an agency to answer questions that are asked in a request. Some records may be determined to be personal records in that they may relate to the subject of the request but have not been circulated to anyone else in the agency, are not filed with any other agency records, and you were not required to create or retain them. These records still have to be identified and retained, but the agency does not have to invoke an exemption to withhold them. The agency does have to inform the requester that there are records that have been deemed to be personal records and the number of pages. Management Directive 3.1, Freedom of Information Act, contains a Personal Record Consideration Checklist that should be filled out by the owner of the personal records and submitted to the office FOIA coordinator. Contact your office FOIA coordinator for retention requirements. Also, if you believe responsive records may be located in other offices, or with persons who may have been previously involved in the subject matter as staff in your organization or a member of a team or project, provide that information promptly to your office FOIA cooll'd inator. The FOIA/PA Specialist will then contact the additional office{s) to begin searching for subject records. Step 3: Provide an estimate of search and review time and pages If required Within four (4) working days of your office's receipt of the request, your office may be required to provide to the FOIA/PA Specialist an estimate of the amount of time expected to be required to search for, and review records, and an estimate of the number of pages (or inches) you expect will be released to the requester. This includes pages that may be released in part. Whether your office will need to provide an estimate will depend upon whether or not the requester has been granted a fee waiver. The instructions on the FOIA E-Mail Assignment Form sent to your office FOIA coordinator will inform you if a fee waiver has been granted. If granted, fee estimates are not required. Proceed to Step 5. Otherwise if fees are required, your estimates must be given to your office FOIA coordinator within the time frame specified by your office. Fee estimate for search time should include all time required to locate records responsive to the FOIA request. This includes time spent locating electronic records, folders in 2 ML060590485

file cabinets, looking for relevant records within file folders, and searching ADAMS and other databases. Review time includes the actual time each person who will be involved in ~he review of the records will spend determining if the records can be released in their entirety or in part and the process of bracketing any information that will be proposed to be withheld .. Duplication estimate is based on the number of pages likely to be released to the requester and does not include the staff-hours used to copy the records. Step 4: What to do if expedited processing Is required. Your office FOIA coordinator will inform you if a request has been granted expedited processing. If a request has been granted expedited processing, you should process the expedited FOIA request before processing any pending FOIA request in your office. Contact your office FOIA coordinator for more specific directions if needed. Step 5: Search for records responsive to the request

a. Begin your search when instructed by the office FOIA coordinator.

Your office FOIA coordinator will tell you when to begin your search. If you had to provide a search, review or page estimate, you can expect that there may be a delay before you are instructed to begin your search. A search can begin only when a request is "perfected," which means when all fee related or other issues are resolved. If no estimates are required, your office FOIA coordinator will advise you to immediately begin your search for records.

b. Inform your office FOIA coordinator if you believe other offices or persons have responsive records.

If you believe responsive records may be located in other offices, or with persons who may have been previously involved in the subject matter as staff in your organization or a member of a team or project, provide that information promptly to your office FOIA coordinator. Notify your office FOIA coordinator when you are aware the Commissioners or the EDO, or a Deputy EDO has been involved in the subject matter and may have responsive records or the records may be the subject of an ongoing investigation. This information is valuable because it wlll ensure that the agency as a whole does an adequate search for responsive records. If you know others who are processing the same request or who should be, it may be useful to work closely with them, even if they are in other offices to both ensure an adequate search and to make the search more efficient.

c. Search all relevant files.

You must conduct, based on your knowledge of the subject matter, an adequate search of those paper and electronic files where you believe it is reasonable to expect to locate records covered by the subject matter of the request. You must include in your search the following: (1) paper records under your personal control including working papers you have retained in your possession (2) paper records maintained in your office (3) paper records in the NRC File Center 3 ML060590485

(4) e-mails in the Received, Sent, Archives, and Deleted files. Note that since deleted items are still within your control, e-mails responsive to a FOIA request in the deleted folder must be identified, retrieved, printed out, and processed. You should also move the e-mail out of the deleted folder to eliminate the possibility that the e-mail will be prematurely deleted. (5) electronic records in ADAMS Main Library and legacy Library including all versions. (6) other electronic files, including but not limited to WordPerfect, Microsoft Word, spreadsheets, presentation files including those files stored on disks (7) databases including those files stored on disks (8) audio or video files or tapes.

d. Record computer search criteria When a computer database such as ADAMS is searched to locate records responsive to a request, the search criteria used for conducting the search must be provided w ith the office response. The Department of Justice (DOJ) has advised agencies in order to justify that they have done an adequate search they must maintain computer search criteria. The search criteria must be provided even if !lQ records are identified as a result of the computer search.

e. Download or print information from computer spreadsheets or databases.

If the requested information is in a database or spreadsheet and is retrievable by using an existing computer program or by minor program modifications or simple computer instructions, the subject information should be provided. If a program would have to be written, inform your office FOIA coordinator.

f. For records that are already publically available, please provide a report generated from ADAMS of all publicly available documents.

g. For records that need their availability changed from non-public to public, please provide the ADAMS Accession Number.

Step 6: Determine if records are to be released or withheld from the requester. After you have searched and located records, you should review the records to determine if any information in the records should be withheld under any of the FOIA exemptions. In particular you should be on alert for personal privacy information, allegation information, investigative related records, proprietary information, classified, or safeguards information. When you have questions you should refer to the applicable management directive or contact your office FOIA coordinator. Sometimes while reviewing records you will find that they contain not only information that is subject to the request but also information that is outside the scope of the request. If an entire page of a record is 01utside of the scope of the request, you should mark the page at the top to indicate it is "Outside-of-Scope." This page will not be provided to the requester. If outside-of-scope information is on a page containing information that is subject to the request, the outside-of-scope information must be marked "Outside-of-Scope." The*requester will be 4 ML060590485

provided a redacted copy of the record that does not reveal the information that is outside-of-scope. It is not nec~ssary to apply any FOIA exemptions. to the outside-of-scope information. Brief descriptions of the FOIA Exemptions are noted below. Additional information can also be found in NRC Management Directive 3.1, Freedom of Information Act, and 10 CFR 9.17. Your office FOIA coordinator can also provide additional information. Exemption 1: Information properly classified pursuant to an Executive Order. This includes information classified as Confidential National Security Information (C/NSI); Secret National Security Information (S/NSI) or Top Secret National Security Information (TS/NSI). . Exemption 2: Information related solely to *internal personnel rules and practices of an agency. This includes internal information, practices, and rules only affecting agency personnel (not applicable to the public and not mission related), Human Resources or employee relations information, rules or guides and information for which there is no valid public interest. Some examples are: agency credit card numbers, crediting plans (if the agency expects to use the plans again in the future}, bridge passc.odes, employee emergency exit procedures, shelter-in-place plans, personnel security practices, proceaures for employee performance evaluations, internal procedures for respornding to employment-related complaints, internal procedures guides, Internal publications, employee bulletins or announcements, concurrence chains, leave practices, and parking rules. A FORESEEABLE HARM STATEMENT MUST BE PROVIDED FOR EXEMPTION 2 Exemption 3: Information specifically exempted from public disclosure by statute. This includes (1) safeguards information (Section 147 of Atomic Energy Act (AEA)) ; (2) Restricted Data (RD) including Restricted Data classified at the CONFIDENTIAL (C/RD), SECRET (S/RD), and TOP SECRET (TS/RD) levels (Sections 141-145 of the AEA), (3) voluntary submitted critical infrastructure information (6 U.S.C. 133(a)(1)(A) and (4) contractor proposals not incorporated into the contract (41 U.S.C., Section 253b(m)(1). Exemption 4: Trade Secrets or commercial or financial information. This includes (1) confidential business (proprietary) information; (2) licensee's physical protection or material control and accounting program information for special nuclear material (see 10 CFR2.390(d)(1)); and (3) information submitted by a foreign source which is proprietary and received in confidence pursuant to 2.390(d)(2). For confidential business (proprietary) information submitted by a company, provide a copy of the company's affidavit providing a statement of the reasons supporting the company's request that the information should be protected from public disclosure and the NRC's determination letter sent to tlie company. If your office determines that the information continues to be proprietary, the FOIA/PA staff, with OGC concurrence, will inform the requester in the NRC's response to the request. If you believe the record or politions are no longer proprietary, indicate those portions in your response. The FOIA/PA Officer will send a letter to the submitting company when an initial determination is made that information the company claims as proprietary should be disclosed. The letter gives the company the opportunity to object to disclosure and if the company has any Objection it 5 ML060590485

must provide the agency a statement specifying the grounds why the information continues to be proprietary. The FOIA staff in consultation with OGC and the originating office will review the statement and reach a final agency decision and inform the company and the requester of that decision. Exemption 5: lnteragency or intraagency records that are not available through discovery during litigation. This is normally referred to as predecisional information and includes information that would reveal (1) a deliberative process but only those portions which reveal advice, opinions, and recommendations, (2) attorney work-products and (3) records covered by the attorney-client privilege. This exemptions goal is to encourage the open, frank, and candid exchange of opinions needed for good decision making, protect against premature disclosure of public policies, and protect against public confusion by disclosure of reasons and rationale that are not in fact actual reasons for agency decisions. Note that final agency decisions and interpretations can not be withheld under this exemption. A FORESEEABLE HARM STATEMENT MUST BE PROVIDED FOR EXEMPTION 6, DELIBERATIVE PROCESS ONLY. ATTORNEY-CLIENT PRIVILEGE AND ATTORNEY-WORK PRODUCT DO NOT REQUIRE A FORESEEABLE HARM STATEMENT Exemption 6: Information if released would result in a clearly unwarranted invasion of personal privacy. For example, this includes social security numbers, home addresses, home or personal telephone, cell, pager and Blackberry numbers, personal non-government e-mail addresses, date of birth, marital status, number of children, and non-job related interests, personal medical, financial, performance and disciplinary information. For application packages, candidate evaluations, personnel forms SF 50 and SF 52, and appraisal-related records, guidance can be obtained from your office FOIA coordinator. Exemption 7: Records compiled for law enforcement purposes. Sections A, C, and D are the most frequently used parts of this exemption. 7A: Disclosure could reasonably be expected to interfere with an enforcement proceeding. This exemption is used for records involved in an open allegation file, an ongoing investigation by the Office of Investigation (01) or Office of the Inspector General (OIG), or in an ongoing enforcement action. 78: Would deprive a person of a fair triial or an impartial adjudication. 7C: Disclosure could reasonably be ex,pected to constitute an unwarranted invasion of personal privacy. (See examples under Exemption 6. ) Note the threshold for invoking Exemption 7C is less than that for Exemption 6 because Exemption 6 requires that the invasion of personal privacy be clearly unwarranted. 7D: Information consists of names of individuals and other information the disclosure of which could reasonably be expected to reveal the identities of confidential sources. Confidential sources generally must have a written confidentiality agreement with the NRC. However that is not required by the OIG. 6 ML060590485

7E: 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. 7F: Disclosure could reasonably be expected to endanger the life or physical safety of an individual. If you have questions regarding the application of exemptions you should consult with your own management or office FOIA coordinator. Step 7: Bracket Information that should be withheld. If the entire record is to be withheld write at the top of the first page: "Withhold All" and note the applicable FOIA exemption(s). If only a part of a record is to be withheld, whether it be part of a page, paragraph, or sentence, the information should be enclosed in brackets using a pencil and the applicable FOIA exemption noted in the margin next to the brackets. The FOIA requires that information that can be released be segregated from that which is withheld, thus it is important that you carefully consider what information can be released and what must be withheld. ln particular, facts in predecislonal records must be segregated from any advi.ce, opinions or recommendations or other deliberative process information that is to be withheld. Also, make sure that information you are proposing to be withheld has not already been released to the public. Finally, remember you are only to bracket information to be withheld. The FOIA/PA Specialist is responsible for actually deleting withheld information in records prior to their release to the requester. Step 8: Organize the records responsive to the request and submit them to your office FOIA coordinator. Organize the responsive records with appropriate cover sheet into the following groups as indicated below. Remember that all "responsive records must be provided to the office FOIA coordinator regardless of whether they will be released or withheld in whole or in part. When submitting e-mails, the sender affiliations should be manually written in pencil on the messages by the office submitting the e-mails. (1) Records Already Publicly Available - if in ADAMS (main and legacy libraries) include the ADAMS generated report. (2) Records Being Released in Their Entirety (3) ADAMS Official Records Being Released in Their Entirety Needing Availability Change - from non-public to public. Provide the ADAMS Accession Number. (4) Records Being Released in Part with the exemption(s) noted (a foreseeable harm statement must be provided for exemptions 2 and 5 (Deliberative Process). (5) Records Being Withheld In Their Entirety (Note the format for compiling a list of withheld records is as follows: Record Date, Brief Subject, Page Count and Exemption(s) {a foreseeable harm statement must be provided for exemptions 2 and 5 (Deliberative Process). (6) Records to be Referred to the Originating Office, Agency, or Company. 7 ML060590485

(a) Identify any records submitted to tlhe Commission or a Commissioner and provide a recommendation whether the record should be released or withheld because NRC policy requires Commission approval of the recommendation. (b) Identify if any responsive record(s) involve(s) a subject for which litigation is either ongoing or is probable. This will ensure coordination with the Office of General Counsel, the NRC Solicitor, and when necessary the DOJ,. (c) Where an email contains the exchange between two or more offices, the submitting office is responsible for making a disclosure determination on the portions of the email originated by its staff and indicating the originating office(s) for the remaining portions. (d) If a record contains proprietary information, remember to provide a copy of any affidavit provided by the submitter and any NRC decision letter. If the decision is still pending on submitted request for proprietary treatment of the record please note that in the response. Also since a letter will be sent to the submitter by the FOIA/PA Officer, please provide an address if it is not apparent on the record. (7) Copyright Material - identify any withholdings within this group. Step 9: Submit your response package to the FOIA/PA Specialist. Within ten (10) working days, your office is required to submit records to the FOIA/PA Specialist handling the processing of the request. The offices need to de-duplicate the records and provide them in date order with the most recent on top. You should provide your office FOIA coordinator your response package within the time frame specified by your office. If you can not respond within your office's time frame, you should obtain your management approval and inform your office FOIA coordinator as soon as possible and explain why a delay will occur and when you expect to provide the complete response. Your transmittal memo to the FOIA/PA Specialist must indicate whether the response does or does not contain sensitive information. If the response does contain sensitive information subject to a FOIA Exemption, please mark the appropriate box on the cover sheet for the applicable nature of the information being withheld pursuant to each respective FOIA Exemption applied to the records. Your memo must also provide foreseeable harm statements. for exemptions 2 and 5 (Deliberative Process) A single statement may cover multiple documents or multiple portions of documents, provided that the harm foreseen, and the reasons why the harm is foreseen, are the same for each. While foreseeable harm statements do not need to be lengthy, they should be reasonably specific. You must also indicate whether or not a discretionary release of information was or was not made in a record. If a discretionary release was made, indicate whether Exemption 2 and/or 5 would have qualified. You should include in your response the actual search time and review time you spent on processing the request. Do not put your office FOIA response in ADAMS. The FOIA/PA Specialist will place the FOIA request and NRC's response(s) to the requester in ADAMS if they can be made publicly available. 8 ML060590485

From: NRO FOIA Resource To: Cook Christopher Cc: NRO FOIA Resource

Subject:

Rf: ML15356A158 Date: Tuesday, February 07, 2017 10:44:32 AM Thank you for the e-mail. Your response send on 1/30/17, was sufficient for me, but I was getting pushed back from OIS. Anyway, I called Margo Stevens and based on your previous respond, I told her that we stand by our previous release determination provided to her back in January. Hopefully, this is the end of these e-mails. I appreciate your efforts. Thanks, Yessie From: Cook, Christopher Sent: Monday, February 06, 2017 3:34 PM To: Correa, Yessie Cc: NRO_FOIA Resource; Coates, Anissa; Devlin-Gill, Stephanie

Subject:

RE: ML15356A158 Yessie , I already responded to FOIA 2016-00725 and -00731; please see the attached. Did I not respond correctly since NRO_FOIA Resource was not included? Sorry about that. Regards, Chris From: Correa, Yessie Sent: Monday, February 06, 2017 3:17 PM To: Cook, Christopher <Christopher Cook@nrc gov> Cc: NRO_FOIA Resource <NRO EOIA Resource@nrc.gov>; Coates, Anissa <Anjssa Coates@nrc.gov>

Subject:

ML15356A158 Importance: High Chris. Sorry to bother you, but s,ee attached e-mail from Margo Stevens, FOIA where she is asking us to review the document in the link below against the attached redacted document attached above (Referral in FOIA-2016-0731 and 2016-0725), whether you agree with her that some of the previously redacted text should be disclosed now, given the cited references to other ML#s that are public? View ADAMS PS Properties ML15356AI58 Open ADAMS P8 Document (Oconee Station, Units 1, 2, and 3 (NON-PUBLIC)- Staff Assessment of Response to Request for Information Pursuant to 10CFR so $4(f) Flood-Causing Mechanisms Reevaluation (TACs MF1012, MFI013 and MFI014),)

Thanks, Yessie

From: NRO fOJA Resource To: cook. Cbt1stopbec Cc: Pevlio:<iUI Stephanie: Jardaneh Mahmoud CMJ}: Coates Anissa; Campbell, Andy SUbject: Rf: Friendly Reminder RE: FOWPA-2016-00725 Action Item/Instructions Seardl ror Records In Perfected Request Dahl: Thursday; September 29, 2016 8:47:00 AM Good Morning Chris. Thank you for your review and disclosure determination. Yessie From: Cook, Christopher Sent: Wednesday, September 28, 2016 5:56 PM To: NRO_FOIA Resource Cc: Devlin-Gill, Stephanie; Jardaneh, Mahmoud ; Coates, Anissa; Campbell, Andy

Subject:

RE: Friendly Reminder RE: FOIA/PA-2016-00725 Action Item/Instructions Search for Records in Perfected Request Yessie, I reviewed the following document: Open ADAMS PB Document (Template for Staff Assessment of Response to 10 CFR 50.54(f) Infonnation ReQuest

Fioodini: Mechanisms.)

(b)(5) Hopefully this sufficiently answers your request. Regards, Chris From: Correa, Yessie Sent: Tuesday, September 20, 2016 12:51 PM To: Spence, Jane <Jane.Spence@nrc,ioY> Cc: Devlin-Gill, Stephanie <Stephanie Devlio-Gill@nrc.gov>; Jardaneh, Mahmoud

 <Mahmoud Jardaneb@nrc.gov>; Cook, Christopher <Cbristopher.Cook@nrc gov>; NRO_FOIA Resource <NRO FOIA Resource@nrc.gov>; Coates, Anissa <Anissa.Coates@nrc.gov>

Subject:

FW: FOIA/PA-2016-00725 Action Item/Instructions Search for Records in Perfected Request Importance: High Offices Assigned Action on September 20, 2016: NRO;NRR ACTION : FQIA/PA-2016-00725 - Review of document #10 on the attached - ~ . ADAMS PB Properties ML13218AI50 Open ADAMS PB Document (Template for Staff Assessment of Response to IO CFR 50 54(f) Infonnation ReQUest - Flooding Mechanisms.) NOTE from the EOIA specialist (Margo Stevens):

(b)(5) Due date: 9/29/16, NLT 3:00pm (via e-mall to the NRO_FOIA Resource). NRC Form 496, "Report of Staff Resources for Processing FOIA Request" is available in the NRC Forms Library for your use. For reporting purposes, the time expended on estimates, search, and review should be charged to TAC ZFOOOO

N'RO :JOI.A Tea.m Yessie Correa - FOIA Coordinator - I n E-mail: Yessie.Correa@nrc.gov I* Office: (301) 415-6522 I Anissa Coates - Backup FOIA Coordinator - I E-mail: Anissa.Coates@nrc.gov I Office: (301) 415-5812 I

From: NRO FQIA Resource To: Cook. aujstopher Cc: Qevlin:Gill Stephanie; NRO FQIA Resource: Jardaneh Mahmoud <MJ}* Coates Anjssa SUbject: Friendly Reminder RE: FOIA/PA*2016-o0725 Action Item/lnstruttions Search for Records In Pe!fected Request Date: Wednesday, September 28, 2016 8:52:05 AM Importance: High Just a friendly reminder - FOIA/PA-2016-0725 is due to me 9/29/16. Please let me know if you any assistance. Thanks, Yessie From: Rivera-Varona, Aida Sent: Tuesday, September 20, 2016 1:44 PM To: NRO_FOIA Resource Cc: Devlin-Gill, Stephanie

Subject:

RE: FOINPA-2016-00725 Action Item/Instructions Search for Records in Perfected Request Thanks, Chris is on official travel and will be back in the office on Monday. I believe (and I will confirm with him) that he can respond once he's back in the office. Aida From: NRO_FOIA Resource Sent: Tuesday, September 20, 2016 12:53 PM To: Rivera-Varona, Aida <Aida.Rjvera-Yarona@nrc gov> Cc: Devlin-Gill, Stephanie <Stephanie Devlio-Gill@nrq~oV>

Subject:

FW: FOIA/PA-2016-00725 Action Item/Instructions Search for Records in Perfected Request Importance: High FYI - Forwarded to you in Chris Cook's absent.

Thanks, Yessie From: Correa, Yessie Sent: Tuesday, September 20, 2016 12:51 PM To: Spence, Jane <Jane.Speoce@nrc.gov>

Cc: Devlin-Gill, Stephanie <Stephanje Devlin-Gill@nrc.gov>; Jardaneh, Mahmoud <Mahmoud.Jardaneh@nrc ~ov>; Cook, Christopher <Christopher Cook@nrc.gov>; NRO_FOIA Resource <NRO EOIA Resource@nrc,(lov>; Coates, Anissa <Anissa Coates@nrc.gov>

Subject:

FW: FOINPA-2016-00725 Action Item/Instructions Search for Records in Perfected Request Importance: High Offices Assigned Action on September 20, 2016: NRO;NRR ACTION: FOIA/PA-2016-00725 - Review of document #10 on the attached - ~ ADAMS P8 Properties MLI 3218A 150 Open ADAMS P8 Document (Template for Staff Assessment of Response to 10 CFR 50 54(1) Information Request - Floodini Mechanisms,) NOTE korn the FOIA specialist (Margo Stevens.):

(b)(5) Due date: 9/29/16, NLT 3:00pm (via e-mail to the NRO_FOIA Resource). NRC Form 496, "Report of Staff Resources for Processing FOIA Request" is available in the NRC Forms Library for your use. For reporting purposes, the time expended on estimates, search, and review should be charged to TAC ZFOOOO

N'RO :FOI.JJ.. Team Yessie Correa - FOIA Coordinator - I n E-mail: Yessle,Correa@nrc gay I Office: (301) 415-6522 1 Anissa Coates - Backup FOIA Coordinator - I E-mail: Anjssa Coates@nrc.gov 1** Office: (301) 415-5812 I

From: Correa Yessie To: Spence. Jane Cc: Pevlln:Gillo Stephanie; Jardaneh. Mahmoud fMJ}: Cook Chrtstopher: NRO FQIA Resource: Coates Antssa SUbject: FW: FOIA/PA-2016-00725 Action Item/Instructions Search for Records In Perfected Request Date: Tuesday, September 20, 2016 12:51:35 PM Attachments: 2016::0ZZS*cpdf The request, which is the first attachment, is NRC 496 for new requests pdf publicly available in ADAMS as How To Respond To An 1nwa1EiliACJl pdf Importance: High ML20294A123. Offices Assigned Action on September 20, 2016. NRO;NRR ACTION: FOIA/PA-2016-00725 - Review of document #10 on the attached - ~ ADAMS P8 Properties MLI32!8A150 Open ADAMS P8 Document (Template for Staff Assessment of Response to IO CFR 50,54(0 Information Req_uest - Flooding Mechanisms) NOTE from the EOIA specialist (Margo Stevens): (b)(5) Due date: 9/29/16, NLT 3:00pm (via e-mall to the NRO_FOIA Resource}. NRC Form 496, "Report of Staff Resources for Processing FOIA Request" is available in the NRC Forms Library for your use. For reporting purposes, the time expended on estimates, search, and review should be charged to TAC ZFOOOO

N'RO :fOJ.:A Tea'm Yessie Correa - FOIA Coordinator - I R E-mail: Yessje.Correa@nrc.goy I Office: (301) 415-6522 I Anissa Coates - Backup FOIA Coordinator - I t8 E-mail: Anissa C.Oates@nrc.goy I Office: (301} 415-5812 I

NRC FORM 496

                   !¥
                    /""'*:\

1 U.S. NIUCLEAR REGULATORY COMMISSION REPORT OF STAFF RESOURCES FOR PROCESSING Office FOIA Number I (01 -2015)

                    ~ I
                      .....                                 FOIA REQUESTS                                                                           I                                  I SEARCH - -         Time spent by any staff member looking for material subject to a request, either manually or by automated means, including time spent in page-by-page or line-by line identification of responsive material w ithin records.

REVIEW - - Time spent by any staff member during the initial examination of a record to determine whether information may be withheld, including the time spent preparing a record for release (e.g., bracketing), but not including any lime spent resolving general legal or policy issues about whether to apply a particular exemption. COMPUTER -- When a computer search is required and a printout or a disk or tape copy of a compute r file is produced, report time spent by (1) the NRC employee who conducts the search in the appropriate category be low or (2) the contraclo~s acl\@J charge to the NRC when necessary. If NRC is providing a disk or tape, report the Central Processing Unit (CPU) processing costs and the cost of the disk or tape under "COMPUTER COSTS." Report 8lJ. time spent. (Show exact l ime in hours and minutes.) CLERICAL RESOURCES (Grades 1-10) NAME SEARCH REVIEW HOURS MINUTES HOUR S MINUTES I I I I TOTAL PROFESSIONAUMANAGERIAL RESOURCES (Grades 11-15) SEARCH REVIEW NAME HOURS MINUTES HOURS MINUTES I I I I TOTAL SES/COMMISSIONER RESOURCES SEARCH REVIEW NAME HOURS MINUTES HOURS MINUTES I I I II I II I II I TOTAL I I COMPUTER COSTS CONTRACTOR COST DISKS TAPES OTHER COSTS

#OF HOURS        COST PER HOUR             #OF DISKS       COST PER DISK            #OF TAPES        COST PER TAPE            (SPECIFY)

TOTAL I 11 11 11 11 11 I I I I FOIA COORDINATOR I I 11 SIGNATURE I I IDATE I NRC FORM 496 (01-2015) Page 1 of 1

From: Correa Yessie To: Kauffman Lisa Subject : RE: FOIA/PA-2016-00725 Action Item/Instructions Review of Referred Records Date: Monday, January 23, 2017 11:44:11 AM Thank you Lisa, I also do not anticipate any response from my SMEs, but if I get something, I will make sure to copy you on NRO's response. Yessie From: Kauffman, Lisa Sent: M onday, January 23, 2017 11:42 AM To: Correa, Yessie Cc: Warner, Deanna

Subject:

FW: FOIA/PA-2016-00725 Action Item/Inst ructions Review of Referred Records Hi Yessie, Per my previous e-mail, NRR will provide a response to FOIA 2016-0731 (due on 1/25) which NRO was copied on. I do not anticipate that we will seek NRO's opinion for the response, but if you have input please let me know. Let me know if you need input from NRR for the response to this FOIA. Otherwise, I assume NRO will respond and you will copy me on the response? Thanks, Lisa Kauffman, FOIA Coordinator N RR/PM DA/ITI B 301-415-8199 FOIA CAC: ZF0000 From: Stevens, Ma rgo [mailto-margo.steveos@nrc.gov] Sent: Thursday, Ja nuary 19, 2017 1:56 PM To: NRO_ FOIA Resou rce <NRO FOIA.Resource@nrc.gov> Cc: Correa, Yessie <Yessje Correa@nrc gov>; Kauffman, Lisa < Usa,Kauffmao@nrc gov>; Warner, Deanna <Deanna Warner@nrc gov>; Stevens, M argo <Margo Steyens@nrc gov>

Subject:

FOIA/PA-2016-00725 Act ion Item/Instructions Review of Referred Records A referral for FOI A/PA-20 16-00725 is being assigned to NRO on January 19, 20'!7. The due date is February 2, 2017, which is ten (I 0) working days from the date of this e-mail. The action needing to be taken: I have one additional Oconeetnooding-related record (item 13 on the attached request) that I must ask you/your staff to re-review. It was the subject of a prior FOIA req uest. FOIA-20 16-045 1. I have directed this email 10 NRO because NRO was primary on the content 10 be redacted during the processing of FOIA-2016-0451 , although I believe NRR was involved as well.\ (b)(5) I know you are working on the earlier tasking (although with one less document to deal with given OGC's role). SO, I have g iven you a full IOclays to work with this one. 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 Margo Stevens, who can be reached at 301-415-8148. or Margo Stevens@nrc gov.

Thank you. From : Mullins, Charles Sent: Thursday, February 01, 2018 11:49 AM To: Craig, Jocelyn; Adler, James; Albert, Michelle; Kim, Grace; McCann, Carrie; Michel, Eric(OGC); Scro, Jennifer; Segarnick, Maxine; Suttenberg, Jeremy Subje ct: RE: Ticket Status Me. Please give me until Wednesday. From: Craig, Jocelyn Sent: Thursday, February 01, 2018 11:4!8 AM To: Adler, James <James.Adler@nrc.gov>; Albert, Michelle <Michelle.Albert@nrc.gov>; Kim, Grace <Grace .Kim@nrc.gov>; Mccann, Carrie <Carrie.McCann@nrc.gov>; Michel, Eric(OGC) <Eric.Michel2@nrc.gov>; Mullins, Charles <Charles.Mullins@nrc.gov>; Scro, Jennifer <Jennifer.Scro@nrc.gov>; Segarnick, Maxine <Maxine .Segarnick@nrc.gov>; Sutten berg, Jeremy <Jeremy.Suttenberg@nrc.gov> Subject : Ticket Status

Hello, Can anyone recall being assigned the following ticket?

OGC-2018-0293 NRC-2016-000731 - Disclosure determination Thank you, Jnccl) n N. Craig ,\dmini'-lr,,tiH' Assis(,1 11I I l'g,,l Coun<.;el, I q!,islntion and Speci,11 T'rnj<'cls 101-287-917() U-15134

From: Chidichimo, Gabriele Sent: Tuesday, January 23, 2018 2:04 PM To: Scro,, Jennifer Cc: Blaney, Stephanie

Subject:

RE: Files Requested (b)(5) Thank you Jennifer, we will contact you as soon as we revise the appeal letter. Thank you for all your help Gaby l

-----Original Message-----

From: Scro, Jennifer Sent: Tuesday, January 23, 2018 1:52 PM To: Chidichimo, Gabriele <Gabriele.Chidichimo@nrc.gov> Cc: Blaney, Stephanie <Stephanie.Blaney@nrc.gov> l(b)(5)

Subject:

RE: Files Requested Thanks, Gaby! On Mike's suggestion, I'm going to close the current OGC ticket and wait to review the revised appeal letter. Let me know if I can be of any assistance in the meantime. All the best, (b)(5) Jen

Original Message-----

From: Chidichimo, Gabriele Sent: Tuesday, January 23, 2018 12:22 PM To: Scro, Jennifer <Jennifer.Scro@nrc.gov> Cc: Blaney, Stephanie <Stephanie.Blaney@nrc.gov>

Subject:

RE: Files Requested uch Jennifer for 2 11 your:_help on this appeal! (b)(5) We will keep you informed Thank you again for all your help Gaby (b)(5)

Original Message-----

From: Scro, Jennifer Sent: Friday, January 19, 2018 5:20 PM To: Chidichimo, Gabriele <Gabriele.Chidichimo@nrc.gov> Subject FW: Files Requested

Gaby,

(b)(5) ______________ __,I Le1 me Know 1r you nave any questions. Ga All the* best, Jen Jennifer Scro Attorney I Office of the General Counsel U.S. Nuclear Regulatory Commission 301-287-9081 Jennifer.Scro@nrc.gov OWFN-15-B26

-----Original Message-----

From: Littlejohn, Jennene Sent: Friday, January 19, 2018 4:39 PM (b)(5) To: Scro, Jennifer <Jennifer.Scro@nrc.gov>

Subject:

Files Requested Hi Jennifer, Please see the attached. I did have these files. Jennene The 3-page draft letter is withheld in its entirety under FOIA exemption 5. 2

(b)(5) (b)(5) (b)(5) From: Littlejohn, Jennene Sent: Friday, January 19, 2018 3:50 PM To: Scro, Jennifer Cc: Chidichimo, Gabriele; Thaggard, Mark

Subject:

RE: FOIA Response Letter NRC-2018-000278 Hi Jennifer, IM(b) From: Scro, Jennifer Sent: Friday, January 19, 2018 3:19 PM To: Littlejohn, Jennene <Jennene.Littlejohn@nrc.gov> Cc: Chidichimo, Gabriele <Gabriele.Chid ichimo@nrc.gov>

Subject:

RE: FOIA Response Letter NRC- 2018-000278 Jennene, I apologize for the multiple emails, but I was able to track down through google what I think are the document titles of the ML numbers are (see attached). From the attached document (which is another FOIA request) it looks like the ML numbers represent the following.

3. Mll6216A704, 2016-Aug-3 Unkedln Profile for Jack R. Davis, Director of the NRC's Japan lessons-learned Directorate

4. ML16216A711, 2015-March 13 Union of Concerned Scientists' briefing package for NRC Chairman Burns and Commissioner Baran

5. ML16238A013, 201]-Sep-20NRC Form 183, Report of Security Incident/Infraction/Violation writtent against Criscione for sending Official Use Only documents to Congress Thank you, Jen Jennifer Scro Attorney I Office of the General Counsel U.S. Nuclear Regulatory Commission 301-287-9081 Jennifer.Scro@nrc.gov OWFN-15-626

, ii OFFICIAL USE OICJLY -- A I I OR,QE 1-CULIGI Ft~I oILEaEe Ii Jf@lRfel tTIOPJ, ,1,TT9lil~IEY \O'QAI< PAQl<l' Mjli:h'9R PREDE916IOPJ,s,L IPJFORMs\,71QrJ ***

                                                                                                               '*I 1

From: Scro, Jennifer Sent: Friday, January 19, 2018 2:S7 PM To: Littlejohn, Jennene <Jennene.Littlejohn@nrc.gov> Cc: Chidichimo, Gabriele <Gabriele.Chidichimo@nrc.gov>

Subject:

FW: FOIA Response Letter NRC-2018-000278

Jennene, I hope all is \"ell. I am reviewing a FOIA appeal response to a requester seeking three ML numbers

~ML16238A013, ML16216A711, ML16216A704).j (b)(5) All the best, Jen Jennifer Scro Attorney I Office of the General Counsel U.S . Nuclear Regulatory Commission 301-287 -9081 Jennifer.Scro@nrc.gov OWFN-15-B26 i OFFICIAL USE Oi<JLY .. A I I ORIQE I -CLIEIQ I Pl<I OIL!:c:!JCD ilQFORfelil:ef 181~ M i!SIFUiEV \C;'QRI( PQQl.)ttQI PddO, 0~ PREDE018i@ldi\L llffOFUMt 11014 From: Chidichimo, Gabriele Sent: Friday, January 19, 2018 1:28 PM To: Scro, Jennifer <Jennifer.Scro@nrc.gov>

Subject:

RE: FOIA Response Letter NRC-2018-000278 Good afternoon Jennifer, Thank you for your mail and guidance! Attached please find the draft letter as requested What a co1nc1dence, I had just checked my notes on this appeal and obtained additional information on the ML numbers we are unable to fmd. Our ADAMS specialist Wendy Dewolfe also searched upon my request and found out that those 3 ML numbers, while once created, have subsequently been deleted: (please see her reply attached)

*'Hi Gabriele, I have some information on the documents listed below ML16238A013 was deleted by JML4 on 9-13-2016 ML16216A711 was deleted by JML4 on 9-6-2016 ML16216A704 was deleted by JML4 on 9-6-2016 JML4 is Littlejohn, Jennene Jennene.Littlejohn@nrc.gov.

2

Thank You, Wendy" I hope this additional information is helpful. Thank you for your assistance and have a wonderful weekend and a very happy 2018 (sorry belated) Gaby From: Scro, Jennifer Sent: Friday, January 19, 2018 12:53 PM To: Chidichimo, Gabriele <Gabriele.Chidichimo@nrc.gov>

Subject:

FOIA Response Letter NRC-2018-000278 Hi Gaby, I hope all is well. I am reviewing the appeal letter for NRC-2018-00027~ (b)(5)

Thanks, Jen Jennifer Scro Attorney I Office of the General Counsel U.S. Nuclear Regulatory Commission 301-287-9081 Jennifer.Scro@nrc.gov OWFN-15-B26 errIeIAt ti~[ el4t I -- Al'l'eRIQE I -eUEIQl' flRI 0 ltEeEl!'J IIQl'ORI0l)l(l'IOIQ, )l(l'l'ORIQE I 0OOPU( P'ftOOtlel',

AN011OR: l'REM:Cl~IOl<JAL ll<JFORMA I 101<1 " 3

From: Littlejohn, Jennene Sent Thursday, November 02, 2017 11:23 AM To: Warner, Deanna; Tabatabai, Sarah Cc: FOIAPARES Resource

Subject:

RE: FOIA-2018-0003 (and its "clone", FOIA-2018-0010) Hello Deanna, Yes, I still have the file. I also put the file on CD for Margo, do I need to print the file and give it to Sarah? From: Warner, Deanna Sent: Thursday, November 02, 2017 11:06 AM To: Tabatabai, Sarah <Sarah.Tabatabai@nrc.gov>; Littlejohn, Jennene <Jennene.Littlejohn@nrc.gov> Cc: FOIAPARES Resource <FOIAPARES.Resource@nrc.gov>

Subject:

FW: FOIA-2018-0003 (and its "clone", FOIA-2018-0010) HiJennene, I am RES's FOIA Coordinator and we are currently working on a FOIA that involves an ADAMS ML# that you may still have access to: ML16201A095. Can you check and if you do have access, can you give the record to Sarah Tabatabai? Hi Sarah,

Thanks, Deanna From: Stevens, Margo Sent: Tuesday, October 31, 2017 1:14 PM To: FOIAIPARES Resource <FOIAPARES.Resource@nrc.gov>

Cc: Warner, Deanna <Deanna.Warner@nrc.gov>

Subject:

RE: FOIA-2018-0003 (and its "clone", FOIA-2018-0010) (b)(5) 1

Margo r.. Stevens

JOI.'A ..'Ana(yst/'1"'eam £eaae.r (Contractor)

OCIO/(j'I:MS/Information Services 'Brandi

 'U.S. NucCear 'Regufatory Commission 11545 '.Roci:vi~ PiR.e, :MaiCStoy 'F2:f7
 'Roci.vi(Ce, :Maryfaru£20852
 '1"'eCepfione #: (301) 415-8148 From: FOIAPARES Resource Sent: Tuesday, October 31, 2017 12:SS PM To: Stevens, Margo <Margo.Stevens@nre.gov>

Cc: FOIAPARESi Resource <FOIAPARES.Resource@nrc.gov>

Subject:

RE: FOIA-2018-0003 (and its "clone", FOIA-2018-0010) Will do. I'm hoping that OGC replies to all when they weigh in © ZJ~ 301-287-3702 From: Stevens, Margo Sent: Tuesday, October 31, 2017 6:25 AM To: Warner, Deanna <Deanna.Warner@nrc.gov> Cc: FOIAPARES Resource .<FOIAPARES.Resource@nrc.gov>

Subject:

RE: FOIA-2018-0003 (and its "clone", FOIA-2018-0010) Thanks, Deanna.I (b)(5) I

Margo L Stevens J-'01.J\ .'AnaCyst/'1"'eam £eaaer (Contractor)

OCIO/(j'I:MS/Information Services 'Brandi 'U.S. :NucCear 'Regufatory Commission 11545 '.Rockvi~ Pii.e, :Mai{Stoy 'F2:J1 'R.ocivi{(e, :Maryfana 20852 'I'eCeyfume #: (301) 415-8148 2

From: Warner, Deanna Sent: Tuesday, October 31, 2017 5:25 AM To: Stevens, Margo <Margo.Stevens@nirc.gov> Cc: FOIAPARES Resource <FOIAPARES.Resource@nrc.gov>

Subject:

FW: FOIA-2018-0003 (and its "clone", FOIA-2018-0010) Importance: High Hi Margo, Let me know if you need anything further from RES. ZJ~ 301-287-3702 From: Tabatabai, Sarah Sent: Monday, October 30, 2017 1:41 PIM To: Warner, Deanna <Deanna.Warner@nrc.gov> Cc: FOIAPANSIR Resource <FOIAPANSIR.Resource@nrc.gov>; Stevens, Margo <Margo.Stevens@nrc.gov>; Clark, Lisa <Lisa.Clark@nrc.gov>; Clark, Michael <Michael.Clark@nrc.gov>; Cheok, Michael <Michael.Cheok@nrc.gov>; Thaggard, Mark <Mark.Thaggard@nrc.gov>

Subject:

RE: FOIA-2018-0003 (and its "clone", FOIA-2018-0010) Importance: High

-ti n.:.;:inn;:i (b)(5)

Thanks,

--Sarah From: Warner, Deanna Sent: Monday, October 30, 2017 7:57 AM To: Tabatabai, Sarah <Sarah.Tabatabai@nrc.gov> Cc: FOIAPANSIR Resource <FOIAPANSIR.Resource@nrc.gov>

Subject:

fW: FOIA-2018-0003 (and its "clone", FOIA-2018-0010) Hi Sarah, Do you know if RES plans to respond to either of the items below?

Thanks, 3

 £J~

301-287-3702 From: Stevens, Margo Sent: Wednesday, October 25, 2017 2:06 PM To: Cheok, Michael <Michael.Cheok@nrc.gov>; Tabatabai, Sarah <Sarah.Tabatabai@nrc.gov>; Warner, Deanna

 <Deanna.Warner@nrc.gov>; Cruz, Holly <Holly.Cruz@nrc.gov>; Sebrosky, Joseph <Joseph.Sebrosky@nrc.gov>;

Kauffman, Lisa <Lisa.Kauffman@nrc.gov>; Cook, Christopher <Christopher.Cook@nrc.gov>; Harvey, Brad

 <Brad.Harvey@nrc.gov>; Campbell, Andy <Andy.Campbell@nrc.gov>; Blaney, Stephanie <Stephanie.Blaney@nrc.gov>;

Correa, Yessie <Yessie.Correa@nrc.gov> Cc: Taylor, Robert <Robert.Taylor@nrc.gov>; Spence, Jane <Jane.Spence@nrc.gov>; Rivera-Lugo, Richard

<Richard.Rivera-Lugo@nrc.gov>; DSEACAL Resource <DSEACAL.Resource@nrc.gov>

Subject:

RE: FOIA-2018-0003 (and its "clone", FOIA-2018-0010) Thanks to all who attended our meeting today. For the FOIA Coordinators (other than Deanna in her role as NSIR's coordinator, who has already responded): I will close out your taskings for now, so that the clock doesn't continue to tick down ... Action Items:

1. (b)(5) 2.

If I have misremembered/misunderstood either of these action items, or omitted something, please let me know. Thanks again.

Margo L Stevens

JOI.A .'Ana(yst/'I'eam Leader (Contractor)

OCIO/(g'E:MS/Infcmnation Services 'Brandi 'U.S. NucCear 'Re9u(atory Commission 11545 1wciville 'Piie, :MatCStoy 'I'-2:f7 'Roc.i.vi&, :M.aryrana20852 'I'eCeynone #: (301) 415-8148 4

 -----Original Appointment-----

From: Stevens, Margo Sent: Tuesday, October 24, 2017 2:21 PM To: Stevens, Margo; Cheok, Michael; Tabatabai, Sarah; Warner, Deanna; Cruz, Holly; Sebrosky, Joseph; Kauffman, Lisa; Cook, Christopher; Harvey, Brad; Campbell, Andy; Blaney, Stephanie; Correa, Yessie Cc: Taylor, Robert; Spence, Jane; Rivera-Lugo, Richard; DSEACAL Resource

Subject:

FOIA-2018-0003 (and its "clone", FOIA-2018-0010) When: Wednesday, October 25, 201712:00 PM-1:00 PM (UTC-05:00) Eastern Time (US & Canada). Where: HQ-OWFN-07B02-12p Update to include meeting location. Folks - with apologies - in looking at the respective calendars for each of you,. this is the only slot that seems to be available for all of us (or at least some of this time is open for us). The same slot appears on Thursday for many of us, and there is nothing looking ahead to next week that appears to be better. Since the program offices asked for the meeting, I don't know the nature of the questions or concerns that will be presented. I'm hoping that we may not need the entire hour, so that folks can be free to lunch, or attend to other business. I will try* to locate a conference room. although that appears a bit dicey. If any of the offices have a conference

room that is available, please advise. The four parts of the request that were tasked to your offices are as follows:

105. All Memoranda of Understanding between the NRG and any outside organization concerning access to information on dams and/or flooding. Some of these records were assembled under FOINPA 2016-0455. 106. All records concerning interactions between the NRG and the Army Corps of Engineers concerning flooding, dam failures and the release of flooding or dam failure data and/or studies. Some of these records were assembled under FOINPA 2013-0129 and 2016-0455. 107. All records pertaining to the NRC's decision to restrict access to flooding and dam failure information from employees not specifically assigned duties requiring the use of that information. 108. All records related to NRC guidance and policies concerning "need-to-know" as it pertains to unclassified non-safeguards information. We are specifically concerned with restrictions regarding the sharing of nuclear-safety related information (e.g. flooding at nuclear power plants) and you may exclude any guidance strictly pertaining to limiting access to Personally Identifiable Information or the identity of allegers. 5

From: Thaggard, Mark Sent: Tuesday, January 17, 2017 10:31 AM To: Dennis, Suzanne Cc: Herrity, Thomas

Subject:

RE: FOIA/PA-2016-00731 - Review of Referred Records Follow Up Flag: Fol low up Flag Status: Flagged Categories: FOIA Response Thanks

,l;/1,,1'1,, .*Y/"11"rrl, Director (Acting)

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: Dennis, Suzanne Sent: Tuesday, January 17, 2017 11:53 AM To: Thaggard, Mark <Mark.Thaggard@nrc.gov> Cc: Herrity, Thomas <Thomas.Herrity@nrc.gov>

Subject:

RE: FOIA/PA-2016-00731- Review of Referred Records

'OttiCJal use OIIIY             ,. i@dGCISIOii&I' (b)(5)

Feel free to give me a call if you want to discuss. Suzanne l(b)(6) From: Thaggard, Mark Sent: Tuesday, January 17, 2017 9:25 AM To: Dennis, Suzanne <Suzanne.Den ~ nrc._...9v> 100

Cc: Herrity, Thomas <Thomas.Herrity@nrc.gov>

Subject:

FW: FOIA/PA-2016-00731- Review of Referred Records

.'J/lu~I.- >}lm77rml, Director (Acting)

Division of Risk Analysis Office of Nuclear Regulatory Research U.S. Nuclear Regulatory Commission M.S. Tl0A12 Washington, DC 20555 Office: 301-415-0452 From: Warner, Deanna Sent: Tuesday, January 17, 2017 8:55 AM To: Herrity, Thomas <Thomas.Herrity@lnrc.gov>; Thaggard, Mark <Mark.Thaggard@nrc.gov> Cc: FOIAPARES Resource <FOIAPARES.Resource@nrc._gQv>

Subject:

FOIA/PA-2016-00731 - Review of Referred Records Hi Mark and Thom, The FOIA office tasked the subject FOIA to NRR who is requesting RES's support on making a release determination on the following two records that originated in RES.

ML14325A850, a memo written by (b)(B) to Rich Correia in 2014.
ML112430114, the final version, date 7 31/11 , o the Screening Analysis Report on Flooding due to Upstream Dam Failures (b)(5)

I plan on reaching out to NRR today to see if they have a POC available if any alignment inquires arise. I will provide you with this POC as soon as I hear back from NRR. Please let me know if RES is in agreement with the FOIA office's recommended disclosure markings on the attached records by COB, January 24, 2017

Thanks,

,()~ 301-287-3702 101

From: Thaggard, Mark Sent Saturday, October 15, 2016 4:50 PM To: Littlejohn, Jennene; Dennis, Suzanne

Subject:

FOIA documents Follow Up Flag: Follow up Flag Status: Flagged Categories: FOIA Response Jennene/Suzanne, I was going through LC f iles that we off-loaded onto t he G-drive. I didn't see either original 4 email files (ML16201A086, ML16201A095, ML16201A093, and M L16201A100) or the 17 additional email files (ML16202A536, ML16202A537, .... 538, M L16204A001-14). I thought that they had been removed ADAMS. Do you know if they had been removed and possibly not stored on the G-drlve? Mar~ Thaggard, Acting Director Division of Risl:l Analysis Office of Nuclear Regulatory Research 87

From: Thaggard, Mark Sent: Friday, October 07, 2016 2:00 PM To: Dennis, Suzanne

Subject:

RE: Referral of Records: FOIA-2016-00721 - List of ADAMS ML# Follow Up Flag: Follow up Flag Status: Flagged Categories: FOIA Response Yes, I amok with it.

,')/Ir,>;,. ,,!4,'/1(/nl, Director (Acting)

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: Dennis, Suzanne Sent: Friday, October 07, 2016 3:39 PM To: Thaggard, Mark <Mark.Thaggard@nrc.gov>

Subject:

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

Mark, Were you ok with this?

Thanks! Suzanne From: Dennis, Suzanne Sent: Wednesday, October 05, 2016 4:57 PM To: Thaggard, Mark <Mark~ai:Q@ nrc.gov>

Subject:

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

Mark, Suzanne From: Warner, Deanna Sent: Tuesday, October 04, 2016 4:20 PM To: Dennis, Suzanne <Suzanne.Dennis @nrcJ'ov>; Thaggard, Mark <Ma rk.Thaggard@nrc.gov>

Subject:

Referral of Records: FOIA-2016-00721- List of ADAMS ML# 85

Greetings, RES is being asked to review the attached records to determine if the content should be withheld under any of the FOIA exemptions. NOT!ES: Although originally placed Into internal ADAMS as ML16232A001, ML16242A343, and ML16236A018, they are no longer available in ADAMS. RES staff member has recently signed a revised privacy waiver, 86 willl not apply to his personal information. In particular staff should focus their review on personal privacy information, allegation information, investigative related records, proprietary Information, classified, or safeguards information. Staff can either electronically mark records for redaction or provide a narrative describing the portions of the records, to be withheld. To assist staff in applying the appropriate exemption codes to content to be withheld, here is a bri.ef summary of exemption classifications. By October 17, 2016, provide D. Warner and FOIAPARES.Resource@nrc.gov with staff's disclosure determination recommendations by marking one of the following: __ Staff has reviewed the records and is recommending that they be released in full. __ Staff has reviewed the records and is recommending that they be withheld in part. Attached is/are the records containing staff's recommendations or a narrative describing the content to be withheld with the appropriate exemption code(s) applied. __ Staff has reviewed the records and is recommending that they be withheld in full. Attached is/are the records containing staff's recommended exemption code(s). Technical Staff to use HRMS CAC Code - ZF0000. Staff may monitor FOIA statuses in SharePoint by clicking on the following link: http://fusion.nre.gov/ nsir/ team/ PM DA/ Lists/ foia/ NSIR. as px.

Thanks,

,t)~@~ FOIA Coordinator Office of Nuclear Security and Incident Response U.S. Nuclear Regulatory Commission 3WFN9-A10 301-287-3702 86

From: Danoff, Karen Sent: Thursday, October 06, 20161:20 PM To: Dennis, Suzanne

Subject:

RE: Missing Forms 6655 Follow Up Flag: Follow up Flag Status: Flagged Categories: FOIA Response Hi Suzanne, I also just left you a voice mail. I'm in the office today until about 4:45, and tomorrow I'll be in the office starting at about 9:30/10:00 (scheduled late arrival tomorrow) until 4:45. I wanted to coordinate obtaining the missing 665 forms from your office. Please let me know what time and day works for you, and I can come up to you if it is more convenient. I am located on the 5 th floor of TWFN within the FOIA space. 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: Stevens, Margo Sent: Thursday, October 06, 2016 12:54 PM To: Dennis, Suzanne <Suzanne.Dennis@nrc.gov> Cc: Danoff, Karen <Karen.Danoff@nrc.gov>

Subject:

RE: Missing Forms 6655 The 665s ..... I'll be gone by 3. Can you let Karen Danoff know? She works later than I do. Her number is 415-5072. Thanks.

Margo L Stevens j-'01.:A .Jlna{yst/'I'eam Leaaer (Contractor)

OCJO/CSTJ/jPI'B 'U.S. Nudear 'Regu(atory Commissi.on. 11545 'Rocfvi((e Pike, Jvt.ai{ Stoy 'I'-2J7 82

'Rociviffe, :Mary{a:na20855
'I'eCeyfume #: (301) 415-8148 From: Dennis, Suzanne Sent: Thursday, October 06, 2016 12:53 PM To: Stevens, Margo <Margo.Stevens@nrc.gov>

Subject:

RE: Missing Forms 6655 So are you looking for the 665s? Or the MLs? I'm in meetings from 1-3, so I'll take care of this when I get back. Suzanne From: Stevens, Margo Sent: Thursday, October 06, 2016 12:13 PM To: Dennis, Suzanne <Suzanne. Dennis@nrc.gov>

Subject:

Missing Forms 6655 Importance: High These are the ML#s for which I do NOT have the ADAMS Submission forms. I grouped them based on similarity/successive numbers, thinking that perhaps one form was used for multiple docs: ML16201A086 ML16201A093 ML16201A095 ML16201A100 ML16200A049 ML16202A537 ML16202A538 ML16204A001 ML16204A002 ML16216A702 ML16216A703 ML16216A704 ML16216A705 ML16216A706 ML16216A707 ML16216A708 ML16216A709 ML16216A710 ML16216A711 ML16216A712 ML16216A713 ML16242A343 ML16194A365 - this is the package (into which he placed several already docs already in ADAMS) 83

If you have all, or any of them, could you make copies? If you let me 1 ow when you've done that I'll come u stairs to et them. I'm leavin at 3:00 today and then out tomorrow. (b)(?)(E) (b)(7)(E) I Thanks much.

Margo L Stevens

fOI.'A .'A:na{yst/T'eam Leaaer (Contractor)

OCIO/CSV/yPI'B 'lJ..S..'Nucfear '&guCatory Commission 11545 'Rockvi£Ce Pike, :Mai{ Stoy '1'2:r1 'Rockviiie., :MaryCarui20855 T'ek_pfwne #: (301) 415-8148 84

From: Thaggard, Mark Sent: Tuesday, October 04, 2016 2:49 PM To: Dennis, Suzanne

Subject:

RE: Referral of Records: FOIA-2016-00721 - list of ADAMS ML# Follow Up Flag: Follow up Flag Status: Flagged Categories: FOIA Response When you have a minute, please stop by. I need to ask you something about this. Thanks

,')/1,');1,, ."%171,11*,/, Director (Acting)

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 Sent: Tuesday, October 04, 2016 4:20 PM To: Dennis, Suzanne <Suzanne.Dennls@nrc.gov>; Thaggard, Mark <Mark.Thaggard@nrc.gov>

Subject:

Referral of Records: FOIA-2016-00721- list of ADAMS ML# Greetings, RES is being asked to review the attached records to determine if the content should be withheld under any of the FOIA exemptions. NOTES: Although originally placed Into internal ADAMS as ML16232A001, ML16242A343, and ML16236A018, they are no longer available in ADAMS. RES staff member has recently signed a revised privacy waiver, 86 will not apply to his personal information. In particular staff should focus their review on personal privacy Information, allegation information, investigative related records, proprietary information, classified, or safeguards information. Staff can either electronically mark records for redaction or provide a narrative describing the portions of the records to be withheld. To assist staff in applying the appropriate exemption codes to content to be withheld, here is a brief summary of exemption classifications. By October 17, 2016, provide D. Warner and FOIAPARES.Resource(ru nrc.gov with staff's disclosure determination recommendations by marking one of the following: __ Staff has reviewed the records and is recommending that they be released in full. 80

_ _ Staff has reviewed the records and is recommending that they be withheld in part. Attached is/are the records containing staff's recommendations or a narrative describing the content to be withheld with the appropriate exemption code(s) applied. __ Staff has reviewed the records and is recommending that they be withheld in full. Attached is/are the records containing staff's recommended exemption code(s). Technical Staff to use HRMS CAC Code - ZF0000. Staff may monitor FOIA statuses in SharePoint by clicking on the following link: http://fusion.nrc.gov/ nsir/ team/ PMDA1 Llsts/ foia/ NSIR.aspx.

Thanks, Z)~ tl/.aMU!,?

FOIA Coordinator Office of Nuclear Security and Incident Response U.S. Nuclear Regulatory Commission 3WFN9-A10 301-287-3702 81

From: Dennis, Suzanne Sent: Tuesday, October 04, 2016 2:25 PM To: Warner, Deanna; Thaggard, Mark

Subject:

RE: Referral of Records: FOIA-2016-00721 - List of ADAMS ML# Follow Up Flag: Follow up Flag Status: Flagged Categories: FOlA Response Thanks Deanna, I'll do this first thing tomorrow Just an FYI - some of this will be referred to NRO (specifically the emails in ML16236A018 from Chris Cook). Suzanne From: Warner, Deanna Sent: Tuesday, October 04, 2016 4:20 PM To: Dennis, Suzanne <Suzanne.Dennis@nrc.gov>; Thaggard, Mark <Mark.Thaggard@nrc.gov>

Subject:

Referral of Records: FOIA-2016-00721 - List of ADAMS ML# Greetings, RES is being asked to review the attached records to determine if the content should be withheld under any of the FOIA exemptions. NOTES: Although originally placed in,t o internal ADAMS as ML16232A001, ML16242A343, and ML16236A018, they are no longer available in ADAMS. RES staff member has recently signed a revised privacy waiver, 86 will not apply to his personal information. In particular staff should focus their review on personal privacy information, allegation information, investigative related records, proprietary information, classified, or safeguards information. Staff can either electronically mark records for redaction or provide a narrative describing the portions of the records to be withheld. To assist staff in applying the appropriate exemption codes to content to be withheld, here is a brief summary of exemption classifications. By October 17, 2016, provide 0. Warner and FOIAPARES.Resource(ivnrc.gov with staff's disclosure determination recommendations by marking one of the following: __ Staff has reviewed the records and is recommending that they be released in full. __ Staff has reviewed the records and is recommending that they be withheld in part. Attached ls/are the records containing staff's recommendations o,r a narrative describing the content to be withheld with the appropriate exemption code(s) applied. _ _ Staff has reviewed the records and is recommending that they be withheld in full. Attached ls/are the records containing staff' s recommended exemption code(s). Technical Staff to use HRMS CAC Code - ZFOOOO. Staff may monitor FOIA statuses in Share Point by clicking on the following link: http://fusion .nrc.gov/ nsir/ team/ PMDA/ Lists/ foia/ NSIR.aspx. 78

Thanks, Z'J~@~

FOIA Coordinator Office of Nuclear Security and Incident Response U.S. Nuclear Regulatory Commission 3WFN9-A10 301-287-3702 79

From: Dennis, Suzanne Sent: Monday, October 03, 2016 2:10 PM To: Littlejohn, Jennene Cc: Thaggard, Mark; Coyne, Kevin

Subject:

RE: Checking in on "those foIA's" Follow Up Flag: Folllow up Flag Status: Flagged Categories: FOIA Response Confirmed. Thanks Jennene! From: Littlejohn, Jennene Sent: Monday, October 031 2016 3:41 PM To: Dennis, Suzanne <Suzanne.Dennis@nrc.gov> Cc: Thaggard, Mark <Mark.Thaggard@nrc.gov>; Coyne, Kevin <Kevin.Coyne@nrc.gov>

Subject:

RE: Checking in on "those folA's" Hi Suzanne, Please check again I have removed all of the documents from ADAMS, outside of the documents that are official agency records that I can't delete. Jennene From: Dennis, Suzanne Sent: Monday, October 031 2016 2:39 PM To: Littlejohn, Jennene <Jennene.Llttlejohn@nrc.gov> Cc: Thaggard, Mark <Mark.Thaggard@nrc.gov>; Coyne, Kevin <Kevin.Coyne@nrc.gov>

Subject:

FW: Checking in on "those fol A's" Hi Jennene, It looks like we need to confirm that the following records are deleted from ADAMs (or, if not, who still has access) . I did a quick search, and it looks like there are still a couple items to be removed. Suzanne

ML16201A086
ML16201A093
ML16201A095
ML16201A100
ML16202A536
ML16202A537
ML16202A538
ML16204A001
ML16204A002 73
ML16216A702
ML16216A703
ML16216A704
ML16216A705
ML16216A706
ML16216A707
ML16216A708
ML16216A709
ML16216A710
ML16216A711
ML16216A712
ML16216A713
ML16232A001
ML16236A018
ML16236A019
ML16236A021
ML16236A230
ML16237A004
ML16237A005
ML16237A006
ML16237A007
ML16238A006
ML16238A007
ML16238A008
ML16238A009
ML16238A010
ML16238A011
ML16238A013
ML16238A014
ML16239A085
ML16242A333
ML16242A343 - still in ADAMS
ML16242A344
ML 16244AO00
ML16244A001 - still in ADAMS
ML16244A002
ML16244A003
ML16244A004
ML16244A005
ML16244A006 - still in ADAMS
ML16244A007
ML16244A008
ML16244A009 - still in ADAMS
ML16245A000 - still in ADAMS
ML16245A001 - still in ADAMS
ML16245A002
ML16252A004 - still in ADAMS From: Stevens, Margo Sent: Monday, October 03, 2016 2:11 PM To: Dennis, Suzanne <Suzanne.Dennis@nrc.gov>

74

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

Subject:

RE: Checking in on "those fol A's" Suzanne, I'm a little confused by the answer; no doubt, because I don't know whether the records were added as OARs or drafts. I've attached the matrix that Karen and I pulled together, which shows all of the records that are the subject of one or more of these requests. For our purposes, your focus should be on pages 1-8 (and the top item on page 9). These are individual records that Larry added to Adams sometime during the time period, July 19th to late September, 2016. They all carry ML#s beginning with "16." To the extent there were records that already were maintained in ADAMS under earlier numbers, we weren't expecting or wanting anything to be done with them. Rather he assembled them all into a single package bearing an ML# starting with 16.1 (b)(5) The latter pages identify records only involved in one request and we don't believe any of them were added by Larry into Adams in this same period. Can Jennene use the matrix to let us know which are removed from ADAMS (or which are restricted - and if so

- who has access), or if any are still available to all NRC users and/or the public?

Thanks. Jvt.argo £. Stevens TOI.Jl .'Ana(yst/'leam £.ead'er (Contractor) OCIO/CSV/J'Pl'B

'll.S. NucCear 'Re.guw.tory Commission 11545 'Rock.vi£Ce 'Pike, .'Mai[ Stoy 'F2:J7
'RockviCCe, .JvtaryCa.:ruf20855
'I'e(eynone #: (301) 415-8148 From: Dennis, Suzanne Sent: Monday, October 03, 2016 1:54 PM To: Stevens, Margo <Margo.Stevens@nrc.gov>

Subject:

FW: Checking in on "those folA's"

Margo, Here's our current status of the records that we know about. If there are records that only Larry has access to in ADAMs (that he's recently added), there could still be something there ...

Suzanne From: Littlejohn, Jennene Sent: Monday, October 03, 2016 1:47 PM To: Dennis, Suzanne <Suzanne.Dennis@nrc.gov> Cc: Thaggard, Mark <Mark.Thaggard@nrc.gov>

Subject:

RE: Checking in on "those folA's" 75

Hi Suzanne, The documents that were official agency records are still in ADAMS, those documents I can't delete until I have approval from Deputy Director or above. Some of the documents are FOIA documents and those can't be deleted without FOIA approval. The rest of the documents that were non- official agency records have been deleted the files are saved on the G drive in a secured folder Thanks, Jennene From: Dennis, Suzanne Sent: Monday, October 03, 2016 12:50 PM To: Littlejohn, Jennene <Jennene.Littlejohn @nrc.gov> Cc: Thaggard, Mark <Mark.Thaggard@nrc.gov>

Subject:

FW: Checking in on "those folA's" Importance: High Hey Jennene, Margo was checking in to see if ALL documents have been removed from ADAMS . Thanks! Suzanne From: Stevens, Margo Sent: Monday, October 03, 2016 10:06 AM To: Dennis, Suzanne <Suzanne.Dennis;@nrc.gov>

Subject:

Checking In on "those folA's" Importance: High Hi Suzanne. I'm trying to confirm what I thought I had understood from RES that the records Larry Criscione added to ADAMS in recent months (all start with ML16.. ...) have ALL been removed from ADAMS. The reason I'm asking for this confirmation at this time is that Larry has submitted two requests in the past few days, asking for records that one of the other requesters had also requested. In his letters, he says that they were assembled into package ML16194A365. Now, he may be alluding to what he did originally, before RES removed them. But I just want to ensure that, at this point, all of these records are no longer physically residing within ADAMS. (It was also my understanding that RES had actually removed them, rather than simply restricting access only to Rich - now Mark? - and Jennene.) Thanks. I am just about ready to share with RES the 'matrix' that we developed to keep abreast of all of these records.... Hope to get that to you later today.

Margo L Stevens

JOJ.:A .'An.a{yst/ 'Ieamr.eaaer (Contractor)

OCIO/CS'D/ yPI'l3 'll.S. JlfucCear 'Reguratory Commission 11545 '.Rocivi<<e Piie, :Mai(StO}' T-21'1 '.Rock.vi[{e, J.1aryCarui 20855 'leCepfwne #: (301) 415-8148 76

FOIA Reg_uests for "Criscione-added Records" RECORDS REQUESTED FOIA REQUEST NO. STATUS OUTS_IANDING IS_S_UES (b)(5) ML16201A086 2016-0607(Lochbaum) 2016-0664(Lochbaum) 2016-0665 (Vader) 2016-0731 (Hixson) ML16201A093 2016-0607(Lochbaum) 2016-0664 (Lochbaum) 2016-0665 (Vader) 2016-0731 (Hixson) ML16201A095 2016-0607(Lochbaum) 2016-0664(Lochbaum) 2016-0665 (Vader) 2016--0731 (Hixson) ML16201A100 2016-0607(Lochbaum) 2016-0664 (Lochbaum) 2016-0665 (Vader) 2016--0731 (Hixson) ML16200A049 2016-0664 (Lochbaum) ML16202A536 2016-0664(Lochbaum) 2016--0665 (Vader) 2016-0731 (Hixson) ML16202A537 2016-0664 (Lochbaum) 2016-0665 (Vader) 2016-0731 (Hixson) 1I Page

RECORDS REQUESTED FOIA_REQUEST NO. STATUS OUTSTANDING ISSUES (b)(S) ML16202A538 2016-0664 (Lochbaum) 2016-0665 (Vader) 2016-0731 (Hixson) ML16204A001 2016-0664 (Lochbaum) 2016-0665 (Vader) 2016-0731 (Hixson) ML16204A002 2016-0664 (Lochbaum) 2016-0665 (Vader) 2016-0731 (Hixson) ML16216A702 2016-0664 (Lochbaum) 2016-0665 (Vader) 2016-0731 (Hixson) ML16216A703 2016-0664 (Locbhaum) 2016-0665 (Vader) ML16216A704* 2016-0664 (Lochbaum) 2016-0665 (Vader) 2016-0727 (Criscione) 2016-0731 (Hixson) ML16216A705 2016-0664 (Lochbaum) 2016-0665 (Vader) 2016-0731 (Hixson)

Criscione assembled into package ML16194A365 21 Page

RECORDS REQUESTED FOIA REQUEST NO. STATUS OUTSTANDING ISSUES ML16216A706 2016-0664 (Lochbaum) (b)(5) 2016-0665 (Vader) 2016-0731 (Hixson) ML16216A707 2016-0664 (Lochbaum) 2016-0665 (Vader) 2016-0731 (Hixson) 2017-0002 (Criscione) ML16216A708 2016-0664 (Lochbaum} 2016-0665 (Vader) 2016-0731 (Hixson) ML16216A709 2016-0664 (Lochbaum} 2016-0665 (Vader) 2016-0731 (Hixson} ML16216A710 2016-0664(Lochbaum} 2016-0665 (Vader) 2016-0731 (Hixson) ML16216A711* 2016-0664 (Lochbaum) 2016-0727 (Criscione) 2016-0731 (Hixson)

Criscione assembled into package ML16194A365.

31 Page

RECORDS RE.Q.UESTED FOIA REQUEST NO. STATUS OUTSTANDING ISSUE$ ML16216A712 2016-0664 (Lochbaum) (b)(5) 2016-0665 (Vader) 2016-0731 (Hiicson) ML16216A713 2016-0664 (Lochbaum) 2016-0665 (Vader) 2016-0731 (Hixson) 2017-0002 (Criscione) ML16232A001 2016-0721 (Lochbaum) 2016-0731 (Hixson) 2016-0785 (Criscione) ML16236A018 2016-0721 (Lochbaum) 2016-0731 (Hixson) 2017-0002 (Criscione) ML16236A019* 2016-0721 (Lochbaum) 2016-0723 (Vader) 2016-0727 (Criscione) 2016-0731 (Hixson) ML16236A021* 2016-0721 (Lochbaum) 2016-0727 (Criscione) 2016-0731 (Hixson) ML16236A230 2016-0721 (Lochbaum) 2016-0731 (Hixson) ML16237A004 2016-0721 (Lochbaum) 2016-0731 (Hixson)

Criscione assembled into package ML16194A365.

41 Page

RECORDS~REQUESTED FOIA RE.Q.UEST NO. STATUS OUTSTANDING ISSUES Ml 16237A005 2016-0721 (lochbaum) (b)(5) 2016-0731 (Hixson} Ml 16237A006 2016-0721 (locbhaum) 2016-0731 {Hixson) M l 16237A007 2016-0721 {Lochbaum) 2016-0731 (Hixson) ML16238A005 2016-0721 (Lochbaum) ML16238A006 2016-0721 (Lochbaum) ML16238A007 2016-0721 {Lochbaum) ML16238A008 2016-0721 {Lochbaum) 2016-0731 (Hixson) ML16238A009 2016-0721 (Lochbaum) ML16238A010* 2016-0721 (Lochbaum) 2016-0780 {Criscione)

Criscione assembled into package ML16194A365.

51 Page

RECORDS RE.Q.UESTED FOIA REQUEST NO. STATUS OUTSTANDING ISSUES ML16238A011* 2016--0721 (Lochbaum) (b )(5) 2016-0780 (Criscione) ML16238A013* 2016--0721 (Lochbaum) 2016-0727 (Criscione) ML16238A014* 2016-0721 (Lochbaum) 2016--0727 (Criscione) ML16239A085 2016-0721 (Lochbaum) 2016-0731 (Hixson) ML16242A333 2016-0721 (Lochbaum) ML16242A343 2016-0721 (Lochbaum) 2016--0731 (Hixson) 2016-0785 (Criscione) ML16242A344 2016--0721 (Lochbaum) 2016-0731 (Hixson) 2016-0785 (Criscione) ML16244A000* 2016-0721 (Lochbaum) 2016-0780 (Criscione) ML16244A001* 2016-0721 (Lochbaum) 2016-0780 (Criscione) ML16244A002* 2016-0780 (Criscione) ML16244A003* 2016-0721 (Lochbaum) 2016-0780 (Criscione

Criscione assembled into package ML16194A365.

61 Page

RECORDS REQUESTED FOIA REQUEST NO. STATUS OUTSTANDING ISSUES (b)(5) ML16244A004* 2016-0721 (Lochbaum) 2016-0780 (Criscione) ML16244A005* 2016-0721 (Lochbaum) 2016-0780 (Criscione) ML16244A006* 2016-0721 (Lochbaum) 2016-0780 (Cnscione) ML16244A00T' 2016-0721 (Lochbaum) 2016-0780 (Criscione) ML16244A008 2016-0721 {Lochbaum) 2017-0002 (Criscione) ML16244A009 2016-0721 (Lochbaum) ML16245AOOO 2016-0721 (Lochbaum) ML16245A001 2016-0721 (Lochbaum) ML16245A002 2016-0721 {Lochbaum) ML16252A004 2016-0721 (Lochbaum)

Criscione assembled into package Ml16194A365.

71 Page

RECORDS REQUESTED FOIA REQUEST NO. STATUS OUTSTANDING ISSUES ML100271591 " 2016-0725 (Criscione) l(b)(5) 2016-0731 (l-ltxson) M L100780084" 2016-0725 (Criscione) ML110740482* 2016-0725 (Criscione) 2016-0731 (Hixson) ML102910480" 2016-0725 (Criscione) 2016-0731 (Hixson) ML112430114* 2016-0725 (Criscione) 2016-0731 (Hixson) ML12335A059* 2016-0725 (Criscione) 2016-0731 (Hixson) ML13063A110" 2016-0725 (Criscione) 2016-0731 (Hixson) ML13084A022* 2016-0725 (Criscione) 2016-0731 (Hixson) ML13149A079" 2016-0725 (Criscione) 2016-0731 (Hixson) ML13218A15Q* 2016-0725 (Criscione) 2016-0731 (Hixson) ML14090A406* 2016-0725 (Criscione) 2016-0731 (Hixson) ML 14325A85Q* 2016-0725 (Criscione) 2016-0731 (Hixson) "Criscione assembled into package ML16194A365. Bl Page

RECORDS REQUESTED FOIA RE_Q_UEST NO. STATUS OUTSTANDING ISSUES ML15356A158" 2016--0725 {Criscione) I(b)(5) 2016-0731 (Hixson) jNon Responsive Record "Criscione assembled into package ML16194A365 91P age

RECORDS REQUESTED FOIA RE.Q.UEST NO. STATUS OUTSTANDING ISSUES Non Responsive Record 101 Page

RECORDS REQUESTED FOIA REQUEST NO. STATUS OUTSTANDING ISSUES Non Responsive Record 11j Page

NRC FORM 414 Part I U.S. NUCLEAR REGULATORY COMMISSION NRC RESPONSE NUMBER (04-2018)

              / " *
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RESPONSE TO FREEDOM OF I 2018-000456 11 1 I INFORMATION ACT (FOIA) REQUEST RESPONSE 0

            \ .....'/                                                                             TYPE INTERIM           FINAL REQUESTER:                                                                                                               DATE:

!Julian Tarver DESCRIPTION OF REQUESTED RECORDS: 11 10/17/2018 I ML16216A705, ML16216A706, ML16216A707, ML16216A708, ML16216A709, ML16201A086, MU6201A093, ML003698864, ML092650459, ML13259A286, ML14197A670, ML15007A248, and ML13231A305. PART I. -- INFORMATION RELEASED The NRC has made some, or all, of the requested records publicly available through one or more of the following means: (1) https://www nr~ ; (2) public ADAMS, https://www,nrc,aowreadina-rrn/adams.lJ.tml; (3) microfiche available in the NRC Public Document Room; or FOIA Online, https:Llfoiaonline.rg ations gov/foiataction/pubJlc/llome. 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 Part I.D - Comments) for a disclosure determination and direct response to you. [Z] We are continuing to process your request. See Part I.D -* Comments. PART I.A -- FEES Since the minimum fee threshold was not met. You will be billed by NRC for the amount indicated. AMOUNT you will not be charged fees. I You will receive a refund for the amount indicated. I $0.00 Due to our delayed response, you will not be Fees waived. charged search and/or duplication fees that would otherwise be applicable to your request. PART I.B -- INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE We did not locate any agency records responsive to your request. Note: Agencies may treat three discrete categories of law enforcement and national security records as not subject to the FOIA ("exclusions"). See 5 U.S.C. 552(c). This is a standard notification given to all requesters; it should not be taken to mean that any excluded records do, or do not, exist. We have withheld certain information pursuant to the FOIA exemptions described, and for the reasons stated, in Part II. Because this is an interim response to your request, you may not appeal at this time. We will notify you of your right to appeal any of the responses we have Issued in response to your request when we issue our final determination. You may appeal this final determination within 90 calendar days of the date of this response. If you submit an appeal by mail, address it to the FOIA Officer, at U.S. Nuclear Regulatory Commission, Mail Stop T-2 F43, Washington, D.C. 20555-0001 . You may submit an appeal by e-mail to EQJ.6.resource@nrc.gov. You may fax an appeal to (301) 415-5130. Or you may submit an appeal through FOIA Online, .bttps*//fojaooliae regulations govlfoia/action/pµbljc/home. Please be sure to include on your submission that it is a "FOIA Appeal.' PART I.C -- REFERENCES AND POINTS OF CONTACT You have the right to seek assistance from tihe NRC's FOIA Public Liaison by submitting your inquiry at https://www.nrc.gov/reading-rm/ fQia/co~ia.html, or by calling the FOIA Public Liaison at (301) 415-1276. If we have denied your request, you have the right to seek dispute resolution services from the NRC's Public Liaison or the Office of Government Information Services (OGIS). To seek dispute resolution services from OGI$, you may e-mail OGIS at ogis@nara.gov. send a fax to, (202) 741-5789, or send a letter to: Office of Government Information Services, National Arc~ives and Records Administration, 8601 Adelphi Road, College Park, MD 20740-6001 . For additional information about OGIS, please visit the OGIS website at htu2S:l/www,archive$..Qov/om.s.

NRC FORM 464 Part I U.S. NUCLEAR REGULATORY COMMISSION ,.... N_RC_ _ _ _ _--. RESPONSE NUMBER fw.\ (04-2018) , 1 201s-000456 11

         .               . RESPONSE TO FREEDOM OF
         \; ..... :/       INFORMATION ACT (FOIA) REQUEST                               RESPONSE TYPE INTERIM   0     FINAL PART 1.0 - COMMENTS This response also acknowledges receipt of five separate letters, dated February 15, 16, 25 and 26, 2018, in which you asked for copies of thirteen records by providing their ADAMS' ML accession numbers.

As permitted by the FOIA, 5 U.S.C. 552(a)(6)((B)(iv), and NRC's FOIA regulations, 10 CFR 9.39(e), we have aggregated these five requests, for purposes of assessing fees, as we believe that your requests, submitted within a 10-day period of time, and seeking records described only by their ML accession numbell'S, actually constitute a single request for records of clearly related matters. Since your request asks for a fee waiver without justification (for which the Chief Information Officer has previously advised you will not be considered), and you have expressly declined to pay any fees, the duplication fees for the requested documents greatly exceed the number of pages to which you would be entitled as a non-excepted requester without incurring any fees. As such, we are administratively closi!lg your request. Signature . Freedom of Information Act Officer or Doslgnee Digitally signed by Stephanie A. Blaney Stephanie A. Blaney Date: 2018.10.1714:01 :37-04'00'

NRC FORM 464 Part I U.S. NUCLEAR REGULATORY COMMISSION NRC RESPONSE NUMBER (04-2018) RESPONSE TO FREEDOM OF I 2018-000456 1 I

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t INFORMATION ACT (FOIA) REQUEST RESPONSE 11 [Z] INTERIM FINAL TYPE REQUESTER: DATE:

!Julian Tarver DESCRIPTION OF REQUESTED RECORDS:

11 10/17/2018 I ML16216A705, ML16216A706, ML16216A707, ML 162 I 6A708, ML I 62 I 6A709, ML 1620 IA086, ML1620 IA093, ML003698864, ML092650459, ML13259A286, ML14197A670, MLI5007A248, and ML13231A305. PART I. -- INFORMATION RELEASED The NRC has made some, or all, of the requested records publicly available through one or more of the following means: (1) h~ ov; (2) public AD.AMS, tinps://WWWJlf.C.,.gm(/rea~ mLadams.b.tmJ; (3) microfiche available in the NRC Public Document Room; or FOIA Online, btt,ps://fQiao.oline.reytions,.g.QY/Joia/actio.o[public/home. 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 Part 1.0 -- Comments) for a disclosure determination and direct response to you. We are continuing to process your request. 0 See Part 1.0 - Comments. PART I.A -- FEES You will be billed by NRC for the amount Indicated. Since the minimum fee threshold was not met, AMOUNT you will not be charged fees. I You will receive a refund for the amount indicated. I $0.00 Due to our delayed response, you will not be Fees waived. charged search and/or duplication fees that would otherwise be applicable to your request. PART 1.8 - INFORMATION NOT* LOCATED OR WITHHELD FROM DISCLOSURE We did not locate any agency records responsive to your request. Note: Agencies may treat three discrete categories of law enforcement and national security records as not subject to the FOIA ("exclusions"). See 5 U.S.C. 552(c). This is a standard notification given to all requesters; it should not be taken to mean that any excluded records do, or do not, exist. 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. If you submit an appeal by mail, address it to the FOIA Officer, at U.S. Nuclear Regulatory Commission, Mail Stop T-2 F43, Washington, D.C. 20555-0001 . You may. submit an appeal by e-mail to FOIA.resource@nrc.gov. You may fax an appeal to (301) 415-5130. Or you may submit an appeal tllrough FOIA Online, https'llfojaonline regu!atjons goy/fola/actjon[public/home. Please be sure to include on your submission that it is a ' FOIA Appeal." PART I.C -- REFERENCES ANO POINTS OF CONTACT Y<;>u have the right to seek assistance from the NRC's FOIA Public Liaison by submitting your inquiry at bttps:li'liW:l'l,.or_c,99v/r~ -rml foja/contact-fola html, or by calling the FOIA Public Liaison at (301) 415-1276. If we have denied your request, you have the right to seek dispute resolution services from the NRC's Public Liaison or the Office of Government Information Services (OGIS). To seek dispute resolution services from OGIS, you may e-mail OGIS at.Qgis@nara,gQv, send a fax to (202) 741-5789, or send a letter to: Office of Government Information Services, National Archives and Records Administration, 8601 Adelphl Road, College Park, MD 20740-6001 . For additional information about OGIS, please visit the OGIS website at http:rllwww accblves gov[ogis.

NRC FORM 484 Part I U.S. NUCLEAR REGULATORY COMMISSION NRC RESPONSE NUMBER (04-2018) RESPONSE TO FREEDOM OF 1 2018-000456 11 l INFORMATION ACT (FOIA) REQUEST RE~;SE INTERIM [Z] FINAL PART 1.0 - COMMENTS This response also acknowledges receipt of five separate letters, dated February 15, 16, 25 and 26, 2018, in which you asked for copies of thirteen records by providing their ADAMS' ML accession numbers. As pennitted by the FOIA, 5 U.S.C. 552(a)(6)((B)(iv), and NRC's FOIA regulations, 10 CFR 9.39(e), we have aggregated these five requests, for purposes of assessing fees, as we believe that your requests, submitted within a l 0-day period of time, and seeking records described only by their ML accession numbers, actually constitute a single request for records of clearly related matters. Since your request asks for a fee waiver without justification (for which the Chieflnformation Officer has previously advised you will not be considered), and you have expressly declined to pay any fees, the duplication fees for the requested documents greatly exceed the number of pages to which you would be entitled as a non-excepted requester without incurring any fees. As such, we are administratively closing your request. Signature

Freedom of Information Act Officer or Deslanee ~D_ls_tr_lb;_

u_tlo_n_ _ _ _ _ _ _ _ _ _ _ _ _ _ ___, signed by Stephanie A. Blaney ' I 1

lstephan, I'

                *e A* Blaney DigitallyDate: 2018.10.1714:01:53-04'00' Non-Public DATE        10/17/2018        10/17/2018

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CASE NO: NRC-2018-000456 Ii DATE REC'D: 03/22/18

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From: Littlejohn, Jennene Sent: Tuesday, September 20, 2016 4:15 PM To: Dennis, Suzanne

Subject:

Documents Follow Up Flag: Follow up Flag Status: Flagged Categories: FOIA Response Hi Susan, I sent you the documents that I have, ML16201A086,ML16201A093, ML16201A095, ML16201A100 are documents that I didn't save with an ML number. I don't know which documents they could be. Let me think of the easiest way to get you the information. Thank you, Jennene Littlejohn Lead Administrative Assistant RES/ORA 301-415-0428 (office) 301-415-6671 (fax) TWFN- l0-A06 Mailstop: Tl0-A12 68

From: Littlejohn, Jennene Sent: Tuesday, September 20, 2016 12:55 PM To: Dennis, Suzanne

Subject:

RE: FOIA Review Follow Up Flag: Follow up Flag Status: Flagged Categories: FOJA Response Ok , let me get to looking! Jennene From: Dennis, Suzanne Sent: Tuesday, September 20, 2016 2:36 PM To: Littlejohn, Jennene <Jennene.Uttlejohn@nrc.gov>

Subject:

RE: FOIA Review Ok, so the MLs I still need are: ML16201A086 ML16201A093 ML16201A095 ML16201A100 ML16236A018 1 M L 16236A019 M L 16236A230 ML16237A004 ML 16237ADOS ML16237A006 ML16238A009 An electronic copy is fine. © T hanks! Suzanne From: Dennis, Suzanne Sent: Tuesday, Sept ember 20, 2016 11:13 AM To: Correia, Richard <Richard.Correia@nrc.gov> Cc: Thaggard, M ark <Mark.Thaggard@nrc.gov>; Littlejohn, Jennene <Jennene.Littleiohn(@nrc.gov>

Subject:

FOIA Review HI Rich, I've completed my review of the documents that I do have for the FOIA review. Here's w hat remains: 66

According to Margo's list, there are 30 more documents that we haven' t reviewed. I have all the Mls and will work with Jennene this afternoon to get those documents.

o There could be more: I found at least two documents that were requested that were not on Margo's list.

For the 17 (the request after the original 4), we need to give Karen our recommendations. I have those In a separate folder for you/Mark to review.
I have two documents that don't have Mls - I'll need to figure out which these are.

I"'" Respoosi,re Reoom See you soon, Suzanne 67

From: Correia, Richard Sent: Thursday, September 15, 2016 9:19 AM To: Dennis, Suzanne; Thaggard, Mark; Peters, Sean

Subject:

FW: Your telephone call inquiry Follow Up Flag: Follow up Flag Status: Flagged Categories: FOJA Response fyi Richard P. Correia, P.E Director, Division of Risk Analysis OHice of N udear Re5ulatory Research U.S.NRC From: Stevens, Margo Sent: Monday, September 12, 2016 8:36 AM To: Correla, Richard <Rlchard.Correia@nrc.gov> Cc: Blaney, Stephanie <Stephanie.Blaney@nrc.gov>; MorganButler, Kimyata R <Kimyata.MorganButler@nrc.gov>; Danoff, Karen <Karen.Danoff@nrc.gov>

Subject:

Your telephone call inquiry (b)(5) 61

(b)(5) 62

Margo L. Stevens

JOI.'A. .'A.na{yst/'l'eam Leader (Contractor) 0O0/CSV/:fPJ'B

'lLS. :Nudear 'RR.gufatory Commisswn 11545 'Roci"Vi((e 'Piie, :MailStoy 7'-2:J7 'Roci"Vilk, :M.aryfamf20855 'I'e{eyfwne #: (301) 415-8148 63

From: Correia, Richard Sent: Thursday, September 15, 2016 4:48 AM To: Lane, John Cc: Nakoski, John; Dennis, Suzanne; Thaggard, Mark

Subject:

RE: SUNSI Review of documents Follow Up Flag: Follow up Flag Status: Flagged Categories: FOIA Response Thanks John, There are more documents that will need review. And , some additional sensitivities that I need to make you aware of. Can we meet at 9? best Richcird P. Correia, P.E. Director, Division of Risk AnaltJsis OHice o{ Nuclear Ree,ulatortJ Research U.S.NRC From: Lane, John Sent: Friday, September 09, 2016 5:50 PM To: Correia, Richard <Rlchard.Correia@nrc.gov> Cc: Nakoski, John <John.Nakoski@nrc.gov>

Subject:

SUNSI Review of documents (b)(5) 59

(b)(5) I returned the documents folder to Jennine. If you have any questions, pis let me know. Thanks. jcl 60

From: Correia, Richard Sent: Monday, September 12, 2016 12:28 PM To: Dennis, Suzanne; Littlejohn, Jennene Cc: Thaggard, Mark

Subject:

Re: New FOIA Request (FOIA_2016-0725 Follow Up Flag: Follow up Flag Status: Flagged Categories: FO'.IA Response Ok Suzanne. Jennene can you check on Suzanne's access to these MLs? Rich Richard Correla, P.E. Director, Division of Risk Analysis Office of Nuclear Regulatory Research US NRC On : 12 September 2016 14:26, "Dennis, Suzanne" <Suzanne.Dennis@nrc.gov> wrote: I printed the 5 I could - I also don't have access to ML16195A365. Suzanne From : Correia, Richard Sent: Monday, September 12, 2016 2:19 PM To: Dennis, Suzanne <Suzanne.Dennis@nrc.gov>; Littlejohn, Jennene <Jennene.Littlejohn@nrc.gov> Cc: Thaggard, Mark <Mark.Thaggard@nrc.gov>

Subject:

Re: New FOIA Request (FOIA_2016-0725 Than ks suzanne. What I need are the documents that are part of the 8 ML numbers below. 7 on one list and MLI 6 I 95A365. Rich Richard Correia, P.E. Director, Division of Risk Analysis Office of Nuclear Regulatory Research US NRC 55

On: 12 September 201614:15, "Dennis, Suzanne" <Suzanne.Dennis@nrc.gov> wrote: I didn't have access to ML16242A333 or ML16252A004. But I've printed the 5 below. I'm not sure of the MLs for the other 30-ish (or if I need to print those). Suzanne From: Correia, Richard Sent: Monday, September 12, 2016 1:40 PM To: Littlejohn, Jennene <Jennene.Littleiohn@nrc.gov> Cc: Dennis, Suzanne <Suzanne.Dennis@nrc.gov>; Thaggard, Mark <Mark.Thaggard@nrc.gov>

Subject:

Re: New FOIA Request (FOIA_2016-0725 Thanks Jennene. Suzanne would you print as many of these documents as you have time for to day? What you can't get to today Jennene can print tomorrow. We need a set for John lane to review for SUNSI and the FOJA folks for their sensitivities /processing. Thx Rich Richard Correia, P.E. Director, Division of Risk Analysis Office of Nuclear Regulatory Research US NRC On: 12 September 2016 13:26, "Littlejohn, Jennene" <Jennene.Littlejohnlcm rc. gov> wrote: Hi Rich, Suzanne has now been made an owner to the files listed below.

Thanks, Jennene From: Correia, Richard Sent: Monday, September 12, 2016 12:50 PM To: Littlejohn, Jennene <Jennene.Littleiohn@nrc.gov>

Subject:

FW: New FOIA Request {FOIA_2016-0725 Richard P. Correia, P.E Director, Division of Risk Analysis Office of Nuclear Re5ulatory Research U.S.NRC 56

From: Stevens, Margo Sent: Monday, September 12, 2016 12:01 PM To: Correia, Richard <Richard.Correia @nrc.gov>

Subject:

RE: New FOIA Request (FOIA_2016-0725 Actually, since I wrote this, I learned that Lochbaum and Darth Vader also filed new requests; I, have Larry's, Karen has been assigned the other two. There's a total of 35 more records he has added to ADAMS. I can access most, but not, all of them at the moment. Quite a few are audio files (which I didn't even know could be added to ADAMS); they are excerpts of his interview by OIG so I will be letting Stephanie know that we have more to tell Joe McMillan. Can you see whether your Administrative Assistant has access to the following items: ML16238A005 ML16238A006 ML16238A007 ML16238A008 ML16242A333 ML16244A008 ML16252A004

Margo £. Stevens

fOl.'A. .Jlna{yst/1'eam .£eaaer (Contractor) 0O0/CS'D/yPI'B

'U.S. Nuc(ear 'Reauratory Commission 11545 'R.ockvi{[e 'Piie, :Mai{Sto_p '1'-2:f7 'R.ockvi/Ie, Jvf.aryrana 20855 1'e(.e._pftone #: (301) 415-8148 From: Correia, Richard Sent: Monday, September 12, 2016 11:57 AM To: Stevens, Margo <Margo.Stevens@nrc.gov>

Subject:

RE: New FOIA Request (FOIA_2016-0725 Let me check Margo and I'll get back to your asap. Best Richard P. Correia, P.E. Director, Division o{ Risk A nal tJsis OHice of Nuclear ReeulatorlJ Research U.S.NRC 57

From: Stevens, Margo Sent: Monday, September 12, 2016 9 :30 AM To: Correia, Richard <Richard.Correia@nrc.gov>

Subject:

New FOIA Request (FOIA_2016-0725 Importance: High Good morning (again). I can do this through the proper channels but I wanted to let you know *that Larry has filed a new FOIA request for the 13 documents that he included in a single ADAMS package, with ML#16195A365. I know that it's all tied to the OSC matter because he added it to the privacy waiver he signed. So - I know that you restricted access to the items he added. Can you (1) confirm that this package has also been restricted and (2) if so, can I get copies? Again, I'd like to be able to see whether they implicate the same OIG and OSC equities. Then, once I task RES, your staff can do its "SUNSl"/FOIA review per the usual 10 working day metric. .'Mar90 £. Stevens

fOJ.'A. .'A.na[yst/Team .£.eatfer (Contractor) oaO/CS'D/yPJ13

'U.S. J\fucf.ear 'Regu.Catory Commissi.on 11545 'Rock.v iffe 'Pike, Mau St<gJ 'I'-2J7 'Roci.vifk, Mary Cana 20855 'Te[eyficme #: (301) 4 15-8148 58

From: Correia, Richard Sent: Monday, September 12, 2016 10:40 AM To: Littlejohn, Jennene Cc: Thaggard, Mark; Dennis, Suzanne

Subject:

RE: New FOIA Request {FOIA_2016-0725 Follow Up Flag: Follow up Flag Status: Flagged Categories: FO!IA Response Thanks Jennene. yes we are All glad you didn't delete these files . Richard P. Correia, P.E. Director, Division 0£ Risk Analysis OHice 0£ Nuclear Reeulatory Research U.S.NRC From: Littlejohn, Jennene Sent: Monday, September 12, 2016 12:35 PM To: Correia, Richard <Richard.Correia@nrc.gov> Cc: Thaggard, Mark <Mark.Thaggard@nrc.gov>; Dennis, Suzanne <Suzanne.Dennis@nrc.gov>

Subject:

RE: New FOIA Request (FOIA_2016-0725 Yes, I have access. Let me check to see if I have owner rights. I am glad I didn't delete the files. From: Correia, Richard Sent: Monday, September 12, 2016 12:34 PM To: Littlejohn, Jennene <Jennene.Lit tlejohn@nrc.gov> Cc: Thaggard, Mark <Mark.Thaggard@nrc.gov>; Dennis, Suzanne <Suzanne.Dennis@nrc.gov>

Subject:

RE: New FOIA Request (FOIA_2016-0725 OK Jennene. So you have access to all of these Mls? Do you have owners' rights such that you can give access to Suzanne? Richard P. Correia, P.E. Director, Division of Risk Analysis OHice of Nuclear Re5ulator1J Research U.S.NRC 35

From: Littlejohn, Jennene Sent: Monday, September 12, 2016 12:14 PM To: Correia, Richard <Richard.Correia@nrc.gov> Cc: Thaggard, Mark <Mark.Thaggard@nrc.gov>; Dennis, Suzanne <Suzanne.Dennis@nrc.gov>

Subject:

RE: New FOIA Request (FOIA_2016-0725 Hi Rich, There are a lot of documents in the package, the 22 documents that were deleted were only some of the documents. The package contains a video of what looks like flooding, letters from NRC to certain people, an OIG redacted report which I believe may have been a part of a FOIA. From: Correla, Richard Sent.: Monday, September 12, 2016 11:56 AM To: Littlejohn, Jennene <Jennene.Littlejohn@nrc.gov> Cc: Thaggard, Mark <M ark.Thaggard@nrc.gov>; Dennis, Suzanne <Suzanne.Dennis@nrc.gov>

Subject:

FW: New FOIA Request (FOIA_2016-0725 Importance: High

Jennene, I need to know what documents. are in ML16195A365: are they the same documents in the 21(or 22)

Mls that you have pulled from ADAMS? Or are they different documents. Thanks Richard P. Correia, P.E Director, Division of Risk Anolysis Office of Nuclear ReaulatorlJ Research U.S.NRC From: Stevens, Margo Sent: Monday, September 12, 2016 9:30 AM To: Correia, Richard <Richard.Correia@nrc.gov>

Subject:

New FOIA Request (FOIA_2016-0725 Importance: High Good morning (again). I can do this through the proper channels but I wanted to let you know that Larry has filed a new FOIA request for the 13 documents that he included in a single ADAMS package, with ML#16195A365. I know that it's all tied to the OSC matter because he added it to the privacy waiver he signed. So- I know that you restricted access to the items he added. Can you (1) confirm that this package has also been restricted and (2) if so, can I get copies? Again, I'd like to be able to see whether they implicate the same OIG and OSC equities. Then, once I task RES, your staff can do its "SUNSl"/FOIA review per the usual 10 working day metric.

Margo £. Stevens J'OI.J1. .'Ana{yst/'Teani Leaaer (C<mtractor) 36

0O0/CS'D/J'Pl'JJ 'U.S. NucCear 'Regulatory C01nmissicn 11545 'R.ociville 'Pike, :Mau Stoy 'T'-2:J7 'Rociville, .'Maryfa.na 20855 'leCeyfwne #: (301) 415-8148 37

From: Littlejohn, Jennene Sent: M o nday, September 12, 2016 10:33 AM To: Correia, Richard Cc: Thaggard, Mark; Dennis, Suzanne

Subject:

RE: New FOIA Request (FOIA_2016-0725 Follow Up Flag: Follow up Flag Status: Flagged Categories: FOIA Response Yes, the documents mentioned below are in the package. Margo is correct some of the files are audio, I too didn't know these could be added to ADAMS. I called CSC the morning inquiring as to how I can save these files. Jennene From: Correia, Richard Sent: Monday, September 12, 2016 12:19 PM To: Littlejohn, Jennene <Jennene.Llttlejohn@nrc.gov> Cc: Thaggard, Mark <Mark.Thaggard@nrc.gov>; Dennis, Suzanne <Suzanne.Dennis@nrc.gov>

Subject:

FW: New FOIA Request (FOIA_2016-0725 Importance: High

Jennene, More documents in ADAMS to review and determine if we already have seen these or if they are different.

Richard P. Correia, P.E Director, Division 0£ Risk Analysis OHice 0£ Nuclear Re5ulatonJ Research U.S.NRC From: St evens, Margo Sent: Monday, September 12, 2016 12:01 PM To: Correia, Richard <Richard.Correia@nrc.gov>

Subject:

RE: New FOIA Request (FOIA_2016-0725 Actually, since I wrote this, I learned that Lochbaum and Darth Vader also filed new requests; I have Larry's, Karen has been assigned the other two. There's a total of 35 more records he has added to ADAMS. I can access most, but not, all of them at the moment. Quite a few are audio files (which I didn't even know could be added to ADAMS); they are excerpts of his interview by OIG so I will be letting Stephanie know that we have more to tell Joe McMillan. 28

Can you see whether your Administrative Assistant has access to the following items: ML16238A005 ML16238A006 ML16238A007 ML16238A008 ML16242A333 ML16244A008 ML16252A004 Jvt.argo L Stevens jOI.'A. .'A.na(yst/'Jeam Leaaer (Contractor) OCIO/CS1J/:f'PJ'B

'U.S..'NucCea.r 'Regulatory Commission 11545 'Rocivi[{e Piie, :Mai£ Stoy iJ'-21"1
'Rocli.vi{(e., :M.ary(aruf20855
'Te(eyfione #: (301) 415-8148 From: Correia, Richard Sent: Monday, September 12, 2016 11:57 AM To: Stevens, Margo <Margo.Stevens@nrc.gov>

Subject:

RE: New FOIA Request {FOIA_2016-0725 Let me c heck Margo and I'll get back to your asap Best Richard P. Correia., P.E. Director, Division 0£ Risk AnaltJsis Oflice o{ Nuclear ReeulalonJ Research U.S.NRC From: Stevens, Margo Sent: Monday, September 12, 2016 9:30 AM To: Correia, Richard <Richard.Correia@nrc.gov>

Subject:

New FOIA Request (FOIA_2016-0725 Importance: High Good morning (again). I can do this through the proper channels but I wanted to let you know that Larry has filed .a new FOIA request for the 13 documents that he included in a single ADAMS package, with ML#16195A365. I know that it's all tied to the OSC matter because he added it to the privacy waiver he signed. So - I know that you restricted access to the items he added. Can you (1) confirm that this package has also been restricted and (2) if so, can I get copies? Again, I'd like to be able to see whether they implicate the same 29

OIG and OSC equities. Then, once I task RES, your staff can do its "SUNSl"/FOIA review per the usual 10 working day metric. Margo £.. Stevens

fOI.Jl .'A.na{yst/'Jeam £.eatie.r (Contractor)

OCIO/CSTJ/'f'l'l'B 11.S. NucCear Xegu{atory Commission 11545 'Rockvif{e 'Piie, :Mai{Stoy 'I'-2:{7 'Roekvi{(e, :Ma.r yfana 20855 'l'eCeylione #: (301) 415-8148 30

From: Correia, Richard Sent: Monday, September 12, 2016 10:30 AM To: Dennis, Suzanne

Subject:

RE: New FOIA Request (FOIA_2016-0725 Follow Up Flag: FoHow up Flag Status: Flagged Categories: FOIA Response OK..thanks Richard P. Correia, Pl:. Director, Division of Risk AnahJsis Office of Nudear Reaulatory Research U.S.NRC From: Dennis, Suzanne Sent: Monday, September 12, 2016 12:22 PM To: Correla, Richard <Rlchard.Correia@nrc.gov>

Subject:

RE: New FOIA Request (FOIA_2016-0725 Nope - I don't have access. From: Correia, Richard Sent: Monday, September 12, 2016 12:20 PM To: Dennis, Suzanne <Suzanne.Dennis@nrc.gov>

Subject:

FW: New FOIA Request {FOIA_2016-0725

Suzanne, See if you can access these docs in ADAMS plus the other one Margo sent ML16195A365 thx Ric.h.ard P. Correia, P.E Director, Division of Risk Analysis Office of Nuclear Re5ulatory Research U.S.NRC 25

From: Stevens, Margo Sent: Monday, September 12, 2016 12:01 PM To: Correia, Richard <Richard.Correia@nrc.gov>

Subject:

RE: New FOIA Request (FOIA_ 2016-0725 Actually, since I wrote this, I learned that Lochbaum and Darth Vader also filed new requests; I have Larry's, Karen has been assigned the other two. There's a total of 35 more records he has added to ADAMS. I can access most, but not, all of them at the moment. Quite a few are audio files (which I didn't even know could be added to ADAMS); they are excerpts of his interview by OIG so I will be letting Stephanie know that we have more to tell Joe McMillan. Can you see whether your Administrative Assistant has access to the following items: ML16238A005 ML16238A006 ML16238A007 ML16238A008 ML16242A333 ML16244A008 ML16252A004 Jvlargo L Stevens J'0J.:A .Jlna{yst/Team £eadR.r (Contractor) 0O0/CS'D/:,PI'B 'll.S. :Nucfear 'Regufatory Commission 11545 'RocR.vi1fe 'Piie, :Mai{Stoy T-2J7 'Rocivif[e, ~faryfa,na20855 'J'e{eyfione #: (301) 415-8148 From: Correia, Richard Sent: Monday, September 12, 2016 11:57 AM To: Stevens, Margo <Margo.St evens@nrc.gov>

Subject:

RE: New FOIA Request (FOIA_2016-0725 Let me check Margo and I'll get back to your asap Best Richard P. Correia, P.E. Director, Division of Risk Analysis Office of Nuclear Reaulatory Research U.S.NRC 26

From: Stevens, Margo Sent: Monday, Sept ember 12, 2016 9 :30AM To: Correia, Richard <Rlchard.Correia@nrc.gov>

Subject:

New FOIA Request {FOIA_2016-0725 Importance: High Good morning (again). J can do this through the proper channels but I wanted to let you know that Larry has filed a new FOIA request for the 13 documents that he included in a single ADAMS package, w ith ML#16195A365. I know that it's all tied to the OSC matter because he added it to the privacy waiver he signed. So - I know that you restricted access to the items he added. Can you (1 ) confirm that this package has also been restricted and (2) if so, can I get copies? Again, I'd like to be able to see whether they implicate the same OIG and OSC equities. Then, once I task RES, your staff can do its "SUNSl"/FOIA review per the usual 10 working day metric. Margo£.. Stevens

fOJ.'A .'Ana{yst/Team Leaae.r (Cantra<ctor)

OCJO/CS'D/yPI'B 'U.S. Nucf£.ar 'Regulatory Commission 11545 'Rockviffe 'Piie, :Mai{Stoy 'I'-2J7 'Rocivi<<e, :Mary{a:rui:20855 Tefeyfwne #: (301) 415-8148 27

From: Correia, Richard Sent: Monday, September 12, 2016 8:32 AM To: Lane, John Cc: Nakoski, John; Thaggard, Mark

Subject:

RE: SUNSI Review of documents Many thanks John for the through and timely evaluation. Best Richard P. Correia, P.E. Director, Division of Risk AnallJsis Office of N udear Regulatory Research U.S.NRC From: Lane, John Sent: Friday, September 09, 2016 5:50 PM To: Correia, Richard <Richard.Correia@nrc.gov> Cc: Nakoski, John <John.Nakoski@nrc.gov>

Subject:

SUNSI Review of documents (b)(5) I returned the documents folder to Jennine. If you have any questions, pis let me know. 1

nks. 2

From: Correia, Richard Sent: Friday, September 09, 2016 2:47 PM To: Littlejohn, Jennene Cc: Thaggard, Mark; Dennis, Suzanne

Subject:

Re: Files Thanks Jennene Rich Richard Correia, P .E. Director, Division of Risk Analysis Office of Nuclear Regulatory Research USNRC On: 09 September 2016 14:42, "Littlejohn, Jennene" <Jennene.Littlejohn@nrc.gov> wrote: No problem. From: Correia, Richard Sent: Friday, September 09, 2016 2:39 PM To: Littlejohn, Jennene <Jennene.Littlejohn@nrc.gov> Cc: Thaggard, Mark <Mark.Thaggard@nrc.gov>; Dennis, Suzanne <Suzanne.Dennis@nrc.gov>

Subject:

Re: Files Yes please take them out of ADAMS Jcnnene. The OIG doesn't put anything in ADAMS, non public or public Rich Richard Correia, P .E. Director, Division of Risk Analysis Office of Nuclear Regulatory Research USNRC On: 09 September 2016 12:10, "Littlejohn, Jennene" <Jennene.Littlejohn(finrc.gov> wrote: Hi Rich, Since the package was not released to the public the contents of the package were not visible to the public. Should I still proceed with taking the documents out ADAMS? Thank you, Jennene Littlejohn Lead Administrative Assistant RES/DRA 301-415-0428 (office) 301-415-6671 (fax) TWFN-10-A06 Mailstop: T10-Al2 1

From: Correia, Richard Sent: Friday, September 09, 2016 9:46 AM To: ADAMS IM Cc: Littlejohn, Jennene; Dennis, Suzanne; Thaggard, Mark

Subject:

Re: ADAMS Documents Follow Up Flag: Follow up Flag Status: Flagged Categories: FOIA Response Thank you for the expedited follow up. Best Rich Richard Correia, P.E. Director, Division of Risk Analysis Office of Nuclear Regulatory Research USNRC On: 09 September 2016 08:27, "ADAMS IM" <ADAMSSupport.Email@nrc.gov> wrote: Hello Mr. Correia, The following 4 documents have now been deleted from ADAMS: ML16201A086, 93, 95 and 100 Thank you, Susan Hicks On Behalf of ADAMS IM I work at an alternate 1ocation on Mondays, Thursdays, and Fridays, and I can be reached at l(b)(6) I* From: Correia, Richard Sent: Thursday, September 08, 2016 5:07 PM To: ADAMS IM <ADAMSSupport.Email@nrc.gov>

Subject:

ADAMS Documents Importance: High Please remove ML16201A086, ML16201A093, ML16201A095 and ML16201A100 from ADAMS. These documents have been requested in a FOIA and are currently being reviewed by OIG given they contain OIG investigative information. 10

Regards Richard P. Correia, P.E Director, Division of RiskAnalqsis Office o£ Nuclear Re5ulatory Research U.S.NRC From: Littlejohn, Jennene Sent: Thursday, September 08, 2016 4:50 PM To: Correla, Richard <Richard.Correia@nrc.gov>

Subject:

ADAMS Documents Hi Rich, Please copy the message below to send to ADAMSIM Please remove ML16201A086, ML16201A093, ML16201A095 and ML16201A100 from ADAMS. These documents are currently being reviewed by OIG for investigation. Thank you, Jennene Littlejohn Lead Administrative Assistant RES/ORA 301-415-0428 (office) 301-415-6671 (fax) TWFN- 10-A06 Mailstop: Tl0-A12 11

From: Correia, Richard Sent: Tuesday, September 06, 2016 2:43 PM To: Warner, Deanna; Stevens, Margo Cc: Thaggard, Mark; Dennis, Suzanne; FOIAPARES Resource

Subject:

RE: documents left on your chair H i Deanna and welcome back, We are doing a SUNSI review of the 17 documents listed below. Best Richard P. Correia, P.E Director, Division of Risk AnahJsis OHice of Nuclear Reaulator\J Research U.S.NRC From: Warner, Deanna Sent: Tuesday, September 06, 2016 1:39 PM To: Correia, Richard <Richard.Correia@nrc.gov>; Stevens, Margo <Margo.Stevens@nrc.gov> Cc: Thaggard, Mark <Mark.Thaggard@nrc.gov>; Dennis, Suzanne <Suzanne.Dennis@nrc.gov>; FOIAPARES Resource <FOIAPARES.Resource@nrc.gov>

Subject:

RE: documents left on your chair Hi Rich, et al., I wanted to let you know that I'm back in the office. When you have a few moments, can you provide me with an update on the subject FOIA? RES's disclosure review on the following ADAMS accession numbers is due to Karen Danoff, the OCIO FOIA Specialist, today. Of special note, this list does not include ML16200A049 or the four ADAMS accession numbers (ML16201A086, ML16201A093, ML16201A095, and ML16201A100) that were requested under FOIA-2016-00607 as staff has already provided a review of these records. ML16202A536 ML16202A537 ML16202A538 ML16204A001 ML16204A002 ML16216A702 ML16216A703 ML16216A704 ML16216A705 MLl6216A706 MLl6216A707 ML16216A708 ML16216A709 ML16216A710 ML16216A71 l ML16216A712 1

ML16216A713 lfthere is anything I can do to assist, let me know. Z)..elUUII 301 -287-3 702 From: Correia, Richard Sent: Monday, August 29, 2016 11:11 AM To: Stevens, Margo <Margo.Stevens@nrc.gov> Cc: Thaggard, Mark <Mark.Thaggard@nrc.gov>; Dennis, Suzanne <Suzanne.Dennis@nrc.gov>; Warner, Deanna <Deanna .Warner@nrc.gov>

Subject:

documents left on your chair

Margo, I left on your office chair the 17 documents related to the OSC case and subject to FOIA-2016-00664.

Please confirm you have them in your possession and will be treated as sensitive/need to know basis. Best Richard P. Correia, PE. Director, Division of Risk Analysis Office of Nuclear Regulatory Research U.S.NRC 2

From: Correia, Richard Sent: Tuesday, August 30, 2016 3:00 PM To: Johnson, Kevin; Dennis, Suzanne; Thaggard, Mark

Subject:

RE: don't need paper copies responsive to FOINPA-2016-00664, only RES recommendations needed by 9/6 Follow Up Flag: Fol low up Flag Status: Flagged Categories: FOIA Response Thanks Kevin. Richard P. Correia, P.E Di.rector, Division 0£ Risk Analysis 0££ice 0£ N uclear Reeulatory Research U.S.NRC From: Johnson, Kevin Sent: Tuesday, August 30, 2016 11:58 AM To: Dennis, Suzanne; Correia, Richard ; Thaggard, Mark

Subject:

FW: don't need paper copies responsive to FOIA/PA-2016-00664, only RES recommendations needed by 9/6 Update Kevin From: Danoff, Karen Sent: Tuesday, August 30, 2016 11:43 AM To: FOIAPARES Resource <F0IAPARES.Resource@nrc.gov> Cc: Johnson, Kevin <Kevin.Johnson@nrc.gov>

Subject:

don't need paper copies responsive to FOIA/PA-2016-00664, only RES recommendations needed by 9/6 Good Morning, I know this tasking isn't due until September 6th, but I wanted to send this small update. I have now received paper copies of the responsive records for FOIA/PA-2016-0664. I don't want RES to duplicate copying or scanning efforts. When you respond to the tasking below, you only need to provide me with the NRC Form 511, "Program Office Response to a FOIA Request" with your release determination. The first document in my request is publicly available, and the next four documents (ML16201A086, ML16201A093, ML16201A095 and ML16201A100) are responsive with Margo's request, FOIA/PA-2016-0607. She is working RES on those. Please let me know if there any additional questions. 7

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: FOIAPARES Resource Sent! Thursday, August 25, 2016 11:07 AM To: Danoff, Karen <Karen.Danoff@nrc.gov>

Subject:

RE: FOIA/PA-2016-00664 Action Item/Instructions Search for Records in Perfected Request Hi Karen, Have you heard anything on this request? I know we currently do not have access to electronic files in ADAMS. RES staff indicated that the AA would be printing off the records for staff review, but before I reached out to RES, I wanted to see if you had any updates on your end.

Thanks, Deanna From: Danoff, Karen [1]

Sent: Tuesday, August 23, 2016 10:05 AM To: FOIAPARES Resource <FOIAPARES.Resource@nrc.gov> Cc: K.ardaras, Tom <Tom.Kardaras@nrc.gov>; Danoff, Karen <Karen.Danoff@nrc.gov>; FOIA Resource <FOIA.Resou rce@nrc.gov>

Subject:

FOIA/PA-2016-00664 Action Item/Instructions Search for Records in Perfected Request Offices Assigned Action on August 231 2016: RES Because the requester is receiving the documenls in electronic fonnat, there arc no billable fees. The request is now considered "perfecied." P lease provide the Government lnfonnation Specialist, who is named below, with the responsive records on or before September 6, 2016, which is ten (10) working days from tile date of this e-mail. The Government lnfonnation Specialist for this request is Karen Danoff, who can be reached at 301-415-5072 or Karen Danofl@nrc gov. If there are no responsive records, please respond with "No records." If you believe uny other office, not copied on this e-mail, may have responsive records, please let the assigned specialist know. (b)(5) 8

The FOIA request should be processed in accordance with the sumdard instructions (How to Respond to a FOJA Request) at ML16123A164. NRC Fonn 511, "Program Office Response tc, a FOIA Request" is available in the NRC Fonns Library for your use. In order to document the search conducted, in the event ofan appeal challenging the adequacy oflhe search, please also have each member of your staff who conducts a search complete NRC Fonn 51 IA, "Documentation of a FOJA Search," which is also available in the NRC Forms Library for your use. Please review these fonns to ensure that an adequate, and consistent, search has been performed within your office. Then include copies oflhe completed NRC Fonns 5 I IA along with the NRC Form SI I you return to the assigned specialist. Alternatively, you may complete the NRC Form SI IA on behalf of your office, based upon the descriptions ofsearches 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 Resources for Processing FOIA Requests" is also available in the NRC Fonns Library for your use. When you respond, please make sure that you are sending your response to FOIA.Resourcer,i,nrc.eov, as well as the assigned specialist. Thank.you. 9

From; Correia, Richard Sent: Wednesday, August 24, 2016 8:47 AM To: Warner, Deanna; Weber, Michael Cc: Dennis, Suzanne; Thaggard, Mark

Subject:

RE: RESPONSE - FOIA-2016-00664 - List of ADAMS Accession Numbers Many thanks again Deanna for all of your exceptional support for the multiple FOIA requests we get. It would be great if you could stay in touch with Margo Stevens on any information she receives form OSC that would help us process these related FOIAs. Best Richa rd P. Correia, P.E. Director, Division of Risk Analysis 0Hiceo£Nuclea r ReaulatorlJ Research U.S.NRC From : Warner, Deanna Sent: Wednesday, August 24, 2016 8:42 AM To: Correia, Richard <Richard.Correia@nrc.gov>; Weber, Michael <Michael.Weber@nrc.gov> Cc: Dennis, Suzanne <Suzanne.Dennis@nrc.gov>; Thaggard, Mark <Mark.Thaggard@nrc.gov>

Subject:

RE: RESPONSE - FOIA-2016-00664 - List of ADAMS Accession Numbers Thank you Rich. I know RES staff is working very hard to resolve this situation © I greatly appreciate all staffs efforts. If there is anything I can do to support RES, please let me know.

Thanks, Deanna Fro m: Correia, Richard Sent: Wednesday, August 24, 2016 8:36 AM To: Warner, Deanna <Deanna.Warner@nrc.gov>; Weber, Michael <Michael.Weber@nrc.gov>

Cc: Dennis, Suzanne <Suzanne.Dennis@nrc.gov>; Thaggard, Mark <Mark.Thaggard@nrc.gov>

Subject:

RE: RESPONSE - FOIA-2016-00664 - list of ADAMS Accession Numbers Good moming Deanna, We will be able to review these documents soon. Jennene Littlejohn, our AA has owners' rights in ADAMS now. Because these documents are part of an ongoing OSC investigation, I told Jennene to limit viewing rights to only her and Larry Criscione until we hear back from OSC on how they wish to handle these documents. Richard P. Correia, P.E. l

Director, Division o£ Risk AnaltJsis OHice 0£Nuclear Reeulatory Research U.S. NRC From: Warner, Deanna Sent: Wednesday, August 24, 2016 6:57 AM To: Weber, Michael <Michael.Weber@nrc.gov> Cc: Dennis, Suzanne <Suzanne.Dennis@nrc.gov>; Correia, Richard <Richard .Correia@nrc.gov>; Thaggard, Mark <Mark.Thaggard@nrc.gov>

Subject:

RE: RESPONSE - FOIA-2016-00664 - List of ADAMS Accession Numbers Hi Mike, I do not have viewers rights to the ML numbers either which is why the FOIA title is vague. Although I have no access, I am of the impression that the requested records are associated with Mr. Criscione. Hi Rich, Mark, and Suzanne, Am I correct in my assumption?

Thanks, Deanna From: Weber, Michael Sent: Tuesday, August 23, 2016 4:52 PM To: Warner, Deanna <Deanna.Warner@nrc.gov>

Cc: Dennis, Suzanne <Suzanne.Dennis@nrc.gov>; Correia, Richard <Richard.Correia@nrc.gov>; Thaggard, Mark <Mark.Thaggard@nrc.gov>

Subject:

RESPONSE - FOIA-2016-00664 - List of ADAMS Accession Numbers Thanks, Deanna. I do not read ML numbers. What documents is Dave Lochbaum requesting (general description)? likely do not have what he is asking for, but want to be sure. From: Warner, Deanna Sent: Tuesday, August 23, 2016 11:37 AM To: Dennis, Suzanne <Suzanne.Dennis@nrc.gov>; Correia, Richard <Richard.Correia@nrc.gov>; Thaggard, Mark <Mark.Thaggard@nrc.gov>; Hackett, Edwin < Edwin.Hackett@nrc.gov>; Weber, Michael <Michael.Weber@nrc.gov>; Difrancesco, Nicholas <Nlcholas.DiFrancesco@nrc.gov> Cc: FOIAPARES Resource <FOIAPARES.Resource@nrc.gov>

Subject:

FOIA-2016-00664 - List of ADAMS Accession Numbers Greetings, RES has been tasked with providing responsive records to the subject FOIA. Notes from the FOIA Office: This request is a duplicate from an anonymous individual and will be processed in the same manner as this one). This request also contains four documents {ML16201A086, Mll6201A093, ML16201A095 and Mll6201A100) that are being processed under FOIA-2016-0607. The FOIA Specialists and FOIA Coordinator are coordinating efforts to ensure consistency in the NRC response. (b)(5) 2

Responsive Record~ guidance and a Summary of FOIA Exemption Classifications are available to assist the assignee with providing responsive records, including marking documents for redaction and applying exemption codes. Staff can either electronically mark records for redaction or provide a narrative describing the portions of the records to be withheld. By September 2, 2016, please respond to 0. Warner and FOIAPARES.Resource@nrc.gov by completing the following: _ _ The request is outside the scope of the division/branch responsibility; therefore, there are no responsive records. _ _ The request is within the scope of the division/branch responsibility; no responsive records were found. Attached is a Form 511A documenting the search. _ _ 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 attached or are located at: _ _ _ _ _ _ _ _ _ _ _ __ _ Electronic recommended disclosure determinations have been made and/or a brief narrative describing the nature of information to be withheld is included in this submission _ Records have been identified for Commission review. An Initial disclosure determination has been made by RES staff. _ Records have been identified that may or are involved in a subject for which litigation is either ongoing or is probable. _ Records have been identified that involve multiple NRC offices (such as emails). RES staff has reviewed and made an initial recommended dlsclosure determination on the overall responsive records. _ Records have been identified that are being referred to another Federal agency. _ Records have been identified that are being referred to a licensee or other business entity. Contact information is included in this submission. _ A brief description (title, date, page count) of classified records is attached (if applicable) _ A foreseeable harm statement for Exemption 2 and/or 5 is attached (if applicable) _ A discretionary release memo is attached for Exemption 2 and/or 5 is attached (if applicable) _ A Form 511A is also attached documenting the search. Technical Staff to use HRMS CAC Code - ZFO000. Staff may monitor FOIA statuses in SharePoint by clicking on the following link: http://fusion.nrc.gov/nsir/team/PMDA/Lists/foia/NSIR.aspx.

Thanks,

~~@~ NSIR/RES FOIA Coordinator U.S. Nuclear Regulatory Commission 3WFN9-A10 301-287-3702 3

From: Correia, Richard Sent: Thursday, August 18, 2016 10:28 AM To: Littlejohn, Jennene Cc: Thaggard, Mark; Dennis, Suzanne

Subject:

FW: 17 ADAMS documents Jennene, The documents below need to be removed from ADAMS. They are part of an ongoing OSC investigation and there is no need to know by anyone in NRG except those involved with the OSC case. Richard P. Correia, P.E. Director, Division o:f Risk AnallJSis OHice of Nudec1.r Regulator'] Research U.S.NRC From: Dennis, Suzanne Sent: Thursday, August 04, 2016 4:00 PM To: Correia, Richard <Richard.Correia@nrc.gov>

Subject:

RE: 17 ADAMS documents (b)(5)

(b)(5) ~ l _ _ _ _ __.I From: Correla, Richard Sent: Thursday, August 04, 2016 10:45 AM To: Dennis, Suzanne <Suzanne.Dennis@nrc.gov>

Subject:

FW: 17 ADAMS documents FYI and eyes only. We told Jennene not to do anything with these documents at this time. Richard P. Correia, P.E Director, Division o{ Risk AmUlJSis 0££ice 0£ Nuclear Re5ulatory Research U.S.NRC From: Littlejohn, Jennene Sent: Thursday, August 04, 2016 8:18 AM To: Correia, Richard <Richard.Correia@nrc.gov>; Thaggard, Mark <Mark.Thaggard@nrc.gov>

Subject:

RE: 17 ADAMS documents Please advise. .. Thanks Jennene From: Criscione, Lawrence Sent: Wednesday, August 03, 2016 11:48 PM To: Littlejohn, Jennene <Jennene.Littlejohn@nrc.gov>

Subject:

17 ADAMS documents

Jennene, I need the 17 documents listed on the attached NRC Form 665 declared Official Agency Records so that I can reference them in public comments I am making on an NRC report.

I have done a SUNSI review and none of the documents contain any sensitive information:

1. ML16202A536 is an email coordinating a meeting to discuss flooding issues with four attachments already in the public domain.

2. ML16202A537 is an email providing advanced input to a meeting to discuss flooding issues.

3. ML16202A538 is an email providing clarifying information to statements made during a meeting.

4. ML16204A001 is a non-government email sent to some Congressional staffers.

5. ML16204A002 is a letter to the NRC Inspector General that is already in the public domain.

6. ML16216A702 is a non-government ,email.

7. ML16216A703 is a redacted record released under the Freedom of Information Act.

8. ML16216A704 is a publicly available Linked-In profile.

9. ML16216A705 is a redacted record r,eleased under the Freedom of Information Act.

10. ML16216A706 is a FOIA appeal.

11. ML16216A707 is input to a meeting discussing FOIA releases of dam-related information.

12. ML16216A708 is a response to a FOIA inquiry.

13. ML16216A709 is a follow-up to a FOIA appeal.

2

14. ML16216A710 is a letter providing input to an OIG audit team.

15. ML16216A711 is a briefing package provided by the Union of Concerned Scientists to Chairman Burns and Commissioner Baran.

16. ML16216A712 is a FOIA appeal.

17. ML16216A713 is a table entry showing the dates of when a FOIA request was processed.

I am working from Illinois this week and have limited access to my NRC email account. If you have any questions regarding any of the 17 records, please give me a call at 573-230-3959.

Thanks, Larry 573-230-3959 3

From: Correia, Richard Sent: Monday, August 08, 2016 1:10 PM To: Warner, 0-eanna; Thaggard, Mark Cc: Dennis, Suzanne

Subject:

RE: FOIA tJlie io&i&ioRal infosMaticn 003aio9 legal matter - oat for PPblic disclosure Hi Deanna, (b)(5) Please stand by. Richard P. Correia, P.E Director, Division of Risk A11a.h3sis Office of Nuclear Regulatory Research U.S.NRC From: FOIAPARES Resource Sent: Monday, August 08, 2016 1:03 PM To: Correia, Richard <Richard.Correia@nrc.gov>; Thaggard, Mark <Mark.Thaggard@nrc.gov> Cc: Dennis, Suzanne <Suzanne.Dennis@nrc.gov>; FOIAP.ARES Resource <FOIAPARES.Resource@nrc.gov>

Subject:

FOIA Greetings, I wanted to check in to see if you needed any assistance with the FOIA. I will also be reaching out to NSIR staff to see if they need any support. Do you think we are on track with meeting the agency's due date of August 16th to Mr. Lochbaum?

Thanks, Deanna 1

From: Correia, Richard Sent: Friday, August 05, 2016 3:33 PM To: Lane, John Cc: Marksberry, Don; Nakoski, John; Thaggard, Mark; Dennis, Suzanne

Subject:

RE: SUNSI reviews of Oconee documents pre-decisional information attorney client privileged information Thank you John & Don for this review. I concur with your findings and recommendations. FYI, I asked our FOIA coordinator for a parallel, independent review by NSIR. Once that review is completed I will inform the RES FOIA coordinator and OCIO/FOIA staff as well as NRC OCG involved regarding our findings. This information is considered confidential (pre-decisional) sensitive so please do not discuss with anyone. Richard P. Correia., P.E Director, Division of Risk AnallJsis 0££ice of Nuclear Reaula.tory Research U.S.NRC From: Lane, John Sent: Friday, August 05, 2016 2:07 PM To: Correia, Richard <Richard.Correia@nrc.gov> Cc: Marksberry, Don <Don.Marksberry@nrc.gov>; Nakoski, John <John.Nakoski@nrc.gov>

Subject:

SUNSI reviews of Oconee documents (b)(5)

(b)(5) Thanks. jcl From: Correia, Richard Sent: Wednesday, August 03, 2016 7:29 AM To: Lane, John <John.Lane@nrc.gov>; Marksberry, Don <Don.Marksberry@nrc.gov> Cc: Thaggard, Mark <Mark.Thaggard@nrc.gov>

Subject:

FW: SUNSI reviews for FOIA responses Predecisonal information not for public disclosure

John, The attached are the documents I need SUNS! reviewed. Please treat these documents as sensitive, non-public and do not share with anyone.

Thx RichardP. Correia,P.E Director, Division of Risk Analysis OHice of Nudear Re5iJatory Research U.S.NRC 2

From: Correia, Richard Sent: Thursday, August 04, 2016 2:26 PM To: Dennis, Suzanne Cc: Thaggard, Mark

Subject:

RE: 17 ADAMS documents Follow Up Flag: Follow up Flag Status: Flagged Categories: FOIA Response Many thanks Suzanne. Lots to talk about with OGC, OCIO et al. Richard P. Correia, P.E Director, Division o£ Risk Analysis OHice 0£ Nuclear Re5ulatory Research U.S.NRC From: Dennis, Suzanne Sent: Thursday, August 04, 2016 4:00 PM To: Correia, Richard <Richard.Correla@nrc.gov>

Subject:

RE: 17 ADAMS documents (b)(5)

(b)(5) From: Correia, Richard Sent: Thursday, August 04, 2016 10:45 AM To: Dennis, Suzanne <Suzanne.Dennis@nrc.gov>

Subject:

FW: 17 ADAMS documents FYI and eyes only. We told Jennene not to do anything with these documents at this time. Richard P. Correia, P.E Director, Division of Risk Analysis Office of Nuclear ReaulatonJ Research U.S.NRC From: Littlejohn, Jennene Sent: Thursday, August 04, 2016 8:18 AM To: Correia, Richard <Richard.Correia(@nrc.gov>; Thaggard, Mark <Mark.Thaggard@nrc.gov>

Subject:

RE: 17 ADAMS documents Please advise ... Thanks Jennene From: Criscione, Lawrence Sent: Wednesday, August 03, 2016 11:48 PM To: Littlejohn, Jennene <Jennene.Littlejohn(wnrc.gov>

Subject:

17 ADAMS documents

Jennene, I need the 17 documents listed on the attached NRC Form 665 declared Official Agency Records so that I can reference them in public comments I am making on an NRC report.

I have done a SUNSI review and none of the documents contain any sensitive information:

1. ML16202AS36 Is an email coordinating a meeting to discuss flooding issues with four attachments already in the public domain.

2. ML16202AS37 is an email providing advanced input to a meeting to discuss flooding issues.

2

3. ML16202A538 is an email providing clarifying information to statements made during a meeting.

4. ML16204A001 ls a non-government email sent to some Congressional staffers.

5. ML16204A002 is a letter to the NRC Inspector General that is already in the public domain.

6. ML16216A702 is a non-government email.

7. ML16216A703 is a redacted record released under the Freedom of Information Act.

8. ML16216A704 is a publicly available Linked-In profile.

9. ML16216A705 is a redacted record released under the Freedom of Information Act.

10. ML16216A706 is a FOIA appeal.

11. ML16216A707 is input to a meeting discussing FOIA releases of dam-related information.

12. ML16216A708 is a response to a FOIA inquiry.

13. ML16216A709 is a follow-up to a FOIA appeal.

14. ML16216A710 is a letter providing input to an OIG audit team.

15. ML16216A711 is a briefing package provided by the Union of Concerned Scientists to Chairman Burns and Commissioner Baran.

16. ML16216A712 ls a FOIA appeal.

17. ML16216A713 Is a table entry showing the dates of when a FOIA request was processed.

I am working from Illinois this week and have limited access to my NRC email account. If you have any questions regarding any of the 17 records, please give me a call at 573-230-39591

Thanks, Larry 573-230-3959 3

From: Correia, Richard Sent: Thursday, August 04, 2016 12:10 PM To: Dennis, Suzanne Cc: Thaggard, Mark

Subject:

RE: SUNSI OK thanks Richard P. Correia, P.E Director, Division 0£ Risk AnaltJsis OHice o£ Nudear Reaula torlJ Research U.S.NRC From: Dennis, Suzanne Se nt: Thursday, August 04, 2016 11:59 AM To: Correia, Richard <Richard.Correia@nrc.gov> Cc: Thaggard, Mark <Mark.Thaggard@nrc.gov>

Subject:

RE: SUNSI ..._l (b_ )(5)_ _ _ _ _ _ _ _ _ _1 *** From: Correia, Richard Sent: Thursday, August 04, 2016 11:47 AM To: Dennis, Suzanne <Suzanne.Dennis@nrc.gov> Cc: Thaggard, Mark <Mark.Thaggard@nrc.gov>

Subject:

RE: SUNSI Ridutrd P. Correia, P.E Director, Division ol Risk AnaltJsis OHice of Nuclear Reaulator1:1 Research U.S.NRC From: Dennis, Suzanne Sent: Thursday, August 04, 2016 10:54 AM To: Correia, Richard <Richard.Correia@nrc.gov> Cc: Thaggard, Mark <Mark.Thaggard @nrc.gov>

Subject:

RE: SUNSI

Suzanne From: Correia, Richard Sent: Thursday, August 04, 2016 6:44 AM To: Dennis, Suzanne <Suzanne.Dennis@nrc.gov> Cc: Thaggard, Mark <Mark.Thaggard@nrc.gov>

Subject:

RE: SUNSI Many thanks Suzanne.\ ri(SJ Richard P. Correia, P.E Director, Division 0£ Risk Analysis OHice of Nudear ReaiJatory Research U.S.NRC From: Dennis, Suzanne Sent: Wednesday, August 03, 2016 5:52 PM To: Correia, Richard <Richard.Correia@nrc.gov>

Subject:

SUNSI (b)(5) 2

From: Correia, Richard Sent: Thursday, August 04, 2016 10:44 AM To: Lane, John Cc: Thaggard, Mark; Dennis, Suzanne

Subject:

RE: SUNS! review status? Thanks John. Yes! SUNSI reviews are separate from FOIA reviews \ (b)(5) Richard P. Correia, P.E. Director, Division 0£ Risk Analysis Office ol Nuclear Re5ulatory Research U.S.NRC From: Lane, John Sent: Thursday, August 04, 2016 10:39 AM To: Correia, Richard <Richard.Correla@nrc.gov>

Subject:

RE: SUNSI review status? Rich (b)(5) From my understanding though, a SUNS! review is separate, by somehow similar, to a FOIA review. jcl From: Correia, Richard Sent: Thursday, August 04, 2016 10:36 AM To: Marksberry, Don <Don.Marksberry@nrc.gov>; Lane, John <John.Lane@nrc.gov> Cc: Thaggard; Mark <Mark.Thaggard@nrc.gov>; Dennis, Suzanne <Suzanne.Dennis@nrc.gov>

Subject:

SUNS! review status? Don, John, How are you doing with the SUNSI review of the 4 sets of documents/emails? Richard P. Correia, P.E 1

Director, Division of Risk AnallJsis 0£fice of Nuclear RegulatorlJ Research U.S.NRC 2

From: Correia, Richard Sent: Wednesday, August 03, 2016 10:04 AM To: ADAMS IM; Warner, Deanna; Thaggard, Mark Cc: Clark, Michael; Littlejohn, Jennene; Thapa, Kevin; CSJRT

Subject:

RE: Withdrawal of Documents from the ADAMS Public Library Thank you all very much for addressing this request expeditiously. Richard P. Correia, PE. Director, Division 0£ Risk Analysis OHice 0£ Nuclear Regulatory Research U.S.NRC From: ADAMS IM Sent: Wednesday, August 03, 2016 9:59 AM To: Correia, Richard <Richard.Correia@nrc..gov>; Warner, Deanna <Deanna.Warner@nrc.gov>; Thaggard, Mark <Mark.Thaggard@nrc.gov> Cc: Clark, Michael <Mlchael.Clark@nrc.gov>; Littlejohn, Jennene <Jennene.Littlejohn@nrc.gov>; Thapa, Kevin <Kevin.Thapa@nrc.gov>; CS_IRT <CSIRT@nrc.gov>

Subject:

RE: Withdrawal of Documents from the ADAMS Public Library Importance: High Hello All, To expedite this request and remove the files listed below from Public Access -we have changes them all to the following per Deanna (see note below highlighted): Non-Public/Sensitive-Internal-no review required (attorney work product & client privilege, and Pre-Decisional Enforcement/MD Code A. 7 These files have now been removed from ADAMS Public Access/WebBased ADAMS. ML16201A086 ML16201A095 M L16201AO93 ML16201A100 NOTE: Once these are reviewed and determined that the Sensitivity needs to be update to a different sensitivity - this is not a problem - we can update as needed later Thanks Susan Hicks On Behalf of ADAMS IM I work at an alternate location on Mondays, Thursdays, and Fridays, and I can be reached at l(b)(6) I* 1

From: Correia, Richard Sent: Wedrnesday, August 03, 2016 9:31 AM To: ADAMS IM <ADAMSSupport.Email@nrc.gov>; Warner, Deanna <Deanna.Warner@nrc.gov>; Thaggard, Mark

<Mark.Thaggard@nrc.gov>

Cc: Clark, Michael <Michael.Clark@nrc.gov>; Littlejohn, Jennene <Jennene.Littlejohn@nrc.gov>; Thapa, Kevin

<Kevin.Thapa@nrc.gov>; CS_ IRT <CSIRT@nrc.gov>

Subject:

RE: Withdrawal of Documents from the ADAMS Public Library Thanks fine with RES. Richard P. Correia., P.E. Director, Division of Risk Analysis OHice 0£ Nuclear Reaula.tory Research U.S.NRC From: ADAMS IM Sent: Wednesday, August 03, 2016 8:46 AM To: Warner, Deanna <Deanna.Warner@nrc.gov>; ADAMS IM <ADAMSSupport.Email@nrc.gov>; Thaggard, Mark <Mark.Thaggard@nrc.gov> Cc: Correia, Richard <Richard.Correia@nrc.gov>; Clark, Michael <Michael.Clark@nrc.gov>; Littlejohn, Jennene <Jennene.Littlejohn@nrc.gov>; Thapa, Kevin <Kevin.Thapa@nrc.gov>; CS_IRT <CSIRT@nrc.gov>

Subject:

RE: Withdrawal of Documents from the ADAMS Public Library Good Morning Deanna, We can only apply one Sensitivity to the profile, so for now we will use A.5 - Sensitive PII. Is that OK? NOTE: the sensitivity can always be changed later if needed. Thanks Susan Hicks On Behalf of ADAMS IM I work at an alternate location on Mondays, Thursdays, and Fridays, and I can be reached at l(b)(6) I* From: Warner, Deanna Sent: Wednesday, August 03, 2016 8:44 AM To: ADAMS IM <ADAMSSupport.Email@nrc.gov>; Thaggard, Mark <Mark.Thaggard@nrc.gov> Cc: Correia, Richard <Rlchard .Correia@nrc.gov>; Clark, Michael <Michael.Clark@nrc.gov>; Littlejohn, Jennene <Jennene.Littlejohn@nrc.gov>; Thapa, Kevin <Kevin.Thapa@nrc.gov>; CS_l'RT <CSIRT@nrc.gov>

Subject:

RE: Withdrawal of Documents from the ADAMS Public Library Hi Susan, RES has identified the following MD codes that may apply. 2

A.5: Sensitive - PA/PII (includes Personally Identifiable Information) and A. 7: Sensitive Internal Information - No Periodic Review (attorney work product & client privilege, and pre-decisional enforcement)

Thanks, Deanna From: ADAMS IM Sent: Wednesday, August 03, 2016 8:43 AM To: Thaggard, Mark <Mark.Thaggard@nrc.gov>

Cc: Correia, Richard <Richard.Correia@nrc.gov>; Clark, Michael <M ichael.Clark@nrc.gov>; Littlejohn, Jennene <Jennene.Littlejohn@nrc.gov>; Warner, Deanna <Deanna.Warner@nrc.gov>; Thapa, Kevin <Kevin.Thapa@nrc.gov>; CS_IRT <CSIRT@nrc.gov>

Subject:

RE: Withdrawal of Documents from the ADAMS Public Library Importance: High Hello Mr. Thaggard, We are in the process of removing the files listed below from Public Access. To do so, we need to know what MD code/Sensitivity to apply for now. Attached is the MD 3.4 Chart for your review. What Sensitivity and code can we apply? Thanks Susan Hicks On Behal£ 0£ ADAMS IM I work at an alternate location on Mondays, Thursdays, and Fridays, and I can be reached at l(b)(6) I* From: Thaggard, Mark Sent: Tuesday, August 02, 2016 5:13 PM To: ADAMS IM <ADAMSSupport.Email@nrc.gov> Cc: Correia, Richard <Richard.Correia@nrc.gov>; Clark, Michael <Michael.Clark@nrc.gov>; Littlejohn, Jennene <Jennene.Littlejohn@nrc.gov>; Warner, Deanna <Deanna.Warner@nrc.gov>

Subject:

Withdrawal of Documents from the ADAMS Public Library Importance: High In accordance with MD 3.4, please remove the files with the following ML numbers from the public library. Justification: These files are subject to an internal review due to an ongoing investigation. ML16201A086 M L16201A095 ML16201A093 ML16201A100 3

9/k:,} ~1yrml, Deputy Director Division of Risk Analysis Office of Nuclear Regulatory Research U.S. Nuclear Regulatory Commission M.S. T10A12 Washington, DC 20555 Office: 301-415-0452 4

From: Correia, Richard Sent: Wednesday, August 03, 2016 10:03 AM To: ADAMS IM; Warner, Deanna; Thaggard, Mark Cc: Clark, Michael; Littlejohn, Jennene; Thapa, Kevin; CSJRT

Subject:

RE: Withdrawal of Documents from the ADAMS Public Library Mark is out of the office today. A 7 is appropriate. Richard P. Correia., P.E Director, Division 0£ Risk A.i1alqsis OHice 0£ Nuclear Regulatory Research U.S.NRC From: ADAMS IM Sent: Wednesday, August 03, 2016 9:50 AM To: Warner, Deanna <Deanna.Warner@nrc.gov>; Thaggard, Mark <Mark.Thaggard@nrc.gov> Cc: Correia, Richard <Richard.Correia@nrc.gov>; Clark, Michael <Michael.Clark@nrc.gov>; Littlejohn, Jennene <Jennene.Littlejohn@nrc.gov>; Thapa, Kevin <Kevin.Thapa@nrc.gov>; CS_IRT <CSIRT@nrc.gov>

Subject:

RE: Withdrawal of Documents from the ADAMS Public Library Importance: High Hello Deanna and Mark, Waiting for confirmation from Mark to render the files as stated below: A.7: Sensitive Internal Information - No Periodic Review (attorney work product & client privilege, and pre-decisional enforcement) Please confirm sensitivity, so we can complete this action. Thanks Susan Hi c ks On Behalf of ADAMS IM I work at an alternate location on Mondays, Thursdays, and Fridays, and I can be reached at l(b)(6) I* From: Warner, Deanna Sent: Wednesday, August 03, 2016 8:55 AM To: ADAMS IM <ADAMSSupport.Email@nrc.gov>; Thaggard, Mark <Mark.Thaggard@nrc.gov> Cc: Correia, Richard <Richard.Correia@nrc.gov>; Clark, Michael <Michael.Clark@nrc.gov>; Littlejohn, Jennene <Jennene.Littlejohn@nrc.gov>; Thapa, Kevin <Kevin.Thapa@nrc.gov>; CS_IRT <CSIRT@nrc.gov>

Subject:

RE: Withdrawal of Documents from t he ADAMS Public Library Hi Susan, 1

I would recommend A.7; however, I would prefer Rich or Mark weigh in on this recommendation. Thanks, Deanna From: ADAMS IM Sent: Wednesday, August 03, 2016 8:46 AM To: Warner, Deanna <Deanna.Warner@nrc.gov>; ADAMS IM <ADAMSSupport.Email@nrc.gov>; Thaggard, Mark

< Mark.Thaggard@nrc.gov>

Cc: Correia, Richard <Richard.Correia@nrc.gov>; Clark, Michael <Michael.Clark@nrc.gov>; Littlejohn, Jennene

<Jennene.Llttlejohn@nrc.gov>; Thapa, Kevin <Kevin.Thapa@nrc.gov>; CS_IRT <CSIRT@nrc.gov>

Subject:

RE: Withdrawal of Documents from the ADAMS Public Library Good Morning Deanna, We can only apply one Sensitivity to the profile, so for now we will use A.5 - Sensitive PII. Is that OK? NOTE: the sensitivity can always be changed later if needed. Than k s Susan Hi cks On Behalf of ADAMS IM I work at an a l tern ate location on Mondays, Thursdays, and Fridays, and I can be reached at l(b)(6) I* From: Warner, Deanna Sent: Wednesday, August 03, 2016 8:44 AM To: ADAMS IM <ADAMSSupport.Email@nrc.gov>; Thaggard, Mark <Mark.Thaggard@nrc.gov> Cc: Correia, Richard <Richard.Correia@nrc.gov>; Clark, Michael <Michael.Clark@nrc.gov>; Littlejohn, Jennene <Jennene.Littlejohn@nrc.gov>; Thapa, Kevin <Kevin.Thapa@nrc.gov>; CS_IRT <CSIRT@nrc.gov>

Subject:

RE: Withdrawal of Documents from the ADAMS Public Library Hi Susan, RES has identified the following MD codes that may apply. A.5: Sensitive - PA/PII (includes Personally Identifiable Information) and A. 7: Sensitive Internal Information - No Periodic Review (attorney work product & client privilege, and pre-decisional enforcement)

Thanks, Deanna From: ADAMS IM Sent: Wednesday, August 03, 2016 8:43 AM To: Thaggard, Mark <Mark.Thaggard@nrc.gov>

2

Cc: Correia, Richard <Richard.Correia@nrc.gov>; Clark, Michael <Michael.Clark@nrc.gov>; Littlejohn, Jennene

<Jennene.Littlejohn@nrc.gov>; Warner, Deanna <Deanna.Warner@nrc.gov>; Thapa, Kevin <Kevin.Thapa@nrc.gov>; CS_IRT
<CSIRT@nrc.gov>

Subject:

RE: Withdrawal of Documents from the ADAMS Public Library Importance: High Hello Mr. Thaggard, We are in the process of removing the files listed below from Public Access. To do so, we need to know what MD code/Sensitivity to apply for now. Attached is the MD 3.4 Chart for your review. What Sensitivity and code can we apply? Thanks Susan Hicks On Behalf of ADAMS IM I work at an alternate location on Mondays, Thursdays, and Fridays, and I can be reached a t l(b)(6) I* From: Thaggard, Mark Sent: Tuesday, August 02, 2016 5:13 PM To: ADAMS IM <ADAMSSupport.Email@nrc.gov> Cc: Correia, Richard <Richard.Correia@nrc.gov>; Clark, Michael <Michael.Clark@nrc.gov>; Littlejohn, Jennene <Jennene.Littlejohn@nrc.gov>; Warner, Deanna <Deanna.Warner@nrc.gov>

Subject:

Withdrawal of Documents from the ADAMS Public Library Importance: High In accordance with MD 3.4, please remove the files with the following Ml numbers from the public library. Justification: These files are subject to an internal review due to an ongoing investigation. ML16201A086 ML16201A095 ML16201A093 ML16201A100 ~rl: ~1,yr1rrl, Deputy Director Division of Risk Analysis Office of Nuclear Regulatory Research U.S. Nuclear Regulatory Commission M.S. T10A12 Washington, DC 20555 Office: 301-415-0452 3

From: Correia, Richard Sent: Monday, August 01, 2016 3:40 PM To: Dennis, Suzanne; Thaggard, Mark

Subject:

RE: ADAMS RES PRT Report for July We'll have to Suzanne, eventually. I have a call into Theresa Clark about these emails since LC sent them to her. If the emails were requested or offered as part of the OSC allegation response ( Jocassee dam issues} , then they may have to be retracted from ADAMS given the case is still open ....UGH Rich Richard P. Correia, P.E. Director, Division of Risk Analysis Office of Nuclear Regulatory Research U.S. NRC

- --Original Message----

From: Dennis, Suzanne Sent: Monday, August 01 , 2016 3:08 PM To: Correia, Richard <Richard.Correia@nrc.gov>; Thaggard, Mark <Mark.Thaggard@nrc.gov>

Subject:

FW: ADAMS RES PRT Report for July It looks like Larry's release of his emails has flagged us as late - do we want to try and explain it? Suzanne From: Zabel, Joseph Sent: Monday, August 1, 2016 8:24 AM To: Berrios, Ilka; Difrancesco, Nicholas; Dennis, Suzanne; Armstrong, Kenneth Cc: Landau, Mindy

Subject:

ADAMS RES PRT Report for July Hi everybody: I just received the RES Public Release Timeliness (PRT) report for July 1-28 period from Dean Martin in OCIO and we are showing 24 of 37 (65 percent} intemally generated documents released to the public on time with 13 released late. The attached PRT report for July 1-28 shows these late documents listed on page 5. Our RES goal is to have at least a 90-percent ontime release rate. Please review these documents as soon as you can and let me know if there are any extenuating circumstances involving any of them that may have caused an unavoidable delay in release to the public. Also, please let me know if any of thes,e documents listed were uncontrollably delayed after their "Document Date" was established. If so, perhaps we can get them exempted from the PRT. Joe Joe Zabel Senior Communications Specialist U.S. Nuclear Regulatory Commission Office of Nuclear Regulatory Research joseph.zabel@nrc.gov 10B15 (301} 415-2017

The records attached (as ultimately processed) are addressed in response to multiple requests, including interim response # 7 to your NRC-2018-000096. This response is publicly available in ADAMS as ML20288A417. From: Warner, Deanna Sent: Tuesday, August 02, 2016 8:42 AM To: Thaggard, Mark Cc: Correia, Richard; Stevens, Margo

Subject:

RE: SUNS! reviews for FOIA responses Preaeei9e11el ii 1Fe:::.atio11 ::et fo, public diSGJ::u;i,rer Attachments: ML16201A086 Failure to Study Dam Security.pdf; ML16201A093 USACE and ACRS MOU.pdf; ML16201A095Nuclear Safety Issues Associated with Flooding.pdf; (b)(5) from: Cardenas, Daniel Sent: Thursday, October 25, 2012 5:39 PM To: Criscione, Lawrence Cc: Beasley, Benjamin; Coe, Doug; Ross-Lee, MaryJane; Pretzello, Andrew; Skidmore, Karen; ODq Randy

Subject:

Re: Information Release Larry-If you have read and understand the SUNSI guidance, then a meeting may not be necessary. 1will contact meeting is necessary. In regards to transmission of SUNSI outside the NRC, please contact your supervise

Thanks, Deanna From: Thaggard, Mark Sent: Tuesday, August 02, 2016 7:48 AM To: Warner, Deanna <Deanna.Warner@nrc.gov>

1

Cc: Correia, Richard <Richard.Correia@nrc.gov>; Stevens, Margo <Margo.Stevens@nrc.gov>

Subject:

RE: SUNSI reviews for FOIA responses Rredo&i&OAiill iA~UFMO~ia" lldt fc, public disclosu: e We need the review done in their entirety. RES is conducting its own SUNSI review; however, we want NSIR to take a look at them given some of the information discussed in the emails .

.) 1-t~rk *;::7z;,17,11,,/, Deputy Director Division of Risk Analysis Office of Nuclear Regulatory Research U.S. Nuclear Regulatory Commission M.S. Tl0A12 Washington, DC 20555 Office: 301-415-0452 From: Warner, Deanna Sent: Tuesday, August 02, 2016 7:43 AM To: Thaggard, Mark <Mark.Thaggard@nrc.gov>

Cc: Correia, Richard <Richard.Correia@nrc.gov>; Stevens, Margo <Margo .Stevens@nrc.gov>

Subject:

RE: SUNSI reviews for FOIA responses P. edcciso11al i11fo1111ati01111cc fO, potlllt dlstlOSUie Hi Mark, In Rich's absence, can you answer NS IR's question below? Attached are the four emails that RES is requesting NSIR to provide a SUNSI review on. Thank you, Deanna From: Warner, Deanna Sent: Tuesday, August 02, 2016 7:38 AM To: Correia, Richard <Richard .Correia@nrc.gov>; Stevens, M argo <M argo.St evens@nrc.gov> Cc: Thaggard, Mark <Mark.Thaggard@nrc.gov>

Subject:

RE: SUNSI reviews for FOIA responses Rredoci,onl iotormatioo not tor p11blic disclon.re Good Morning, NSIR staff is inquiring whether RES would like a SUNSI review of the four e-mails in their entirety or only RES's portion of the emails.

Thanks, Deanna From: Correia, Richard Sent: Monday, August 01, 2016 2:19 PM To: Steven s, Margo <Margo .Stevens@nrc.gov>; Warner, Deanna <Deanna.Warner@nrc.gov>

Cc: Thaggard, Mark <Mark.Thaggard@nrc.gov>

Subject:

RE: SUNSI reviews for FOIA responses Pcedecisoo;;i 1ioformation n&t £er 11~hlie disclosm e Thanks Margo. RES will do a SUNSI review and I ask that Deanna ask NSIR to do a parallel SUNSI review 2

Richard P. Correia, P.E. Director, Division 0£ Risk Analysis OHice of Nuclear Reaulatory Research U.S.NRC From: Stevens, M argo Sent: Monday, August 01, 2016 2:15 PM To: Correia, Richard <Richard.Correia@nr c.gov>; Warner, Deanna <Deanna.Warner@nrc.gov> Cc: Thaggard, Mark <Mark.Thaggard@nrc.gov>

Subject:

RE: SUNSI reviews for FOIA responses Pre ~uiu nal iA,1rn¥1aliar net foe p11blic disc'oswe (b)(5) J\tt.argo L. Stevens J-01.'A. .Jlnafyst/Team Leaaer (Contractor) OCTO/CSV/:fPl'.B 'U.S. NucCear 1{.egu{atory Commission 11545 'Rockvi((e 'Pike, :Mai[Sto_p T-2f7 'lwckvi<<e, :Mary[ana 20855 Te(eyfi.one #: (301) 415-8148 From: Correia, Richard Sent: Mo111day, August 01, 2016 1:38 PM To: Warner, Deanna <Deanna.Warner@nrc.gov>; Stevens, Margo <Margo.Stevens@nrc.gov> Cc: Thaggard, Mark <Mark.Thaggard@nrc.gov>

Subject:

SUNSI reviews for FOIA response~ RcsdMiGliPa l iAfo~RaaliliA Ail far !iW&li1 lliH IHu*e i;IF8eeeioe1111l!I iP'lfie1,, ,etio., , ,ct fo1 pablic dlsclosme

Deanna, Does OCIO/FOIA folk have someone that can perform a SUNSI review of the 4 emails from LC?

Richard P. Correia, P.E Director, Division of Risk Analysis 3

OHiceof Nudea.r Regulator~ Research U.S.NRC 4

From: Correia, Richard Sent: Monday, August 01, 2016 9:59 AM To: Warner, D*eanna Cc: Thaggard, Mark; Dennis, Suzanne

Subject:

RE: RESPONSE - FOIA-2016-00607 - Emails from NRC Staff Member re Failure to Study Dam Security, Nuclear Safety Issues Associated with Flooding, USACE and ACRS MOU, and Keeping Inundation Levels from the Public OK Deanna Richard P. Correia, P.E. Director, Division 0£ Risk A.i1a.ltJsis OHice 0£ Nudea.r Ree,ula.tortJ Research U.S.NRC From: Warner, Deanna Sent: Monday, August 01, 2016 9:59 AM To: Correia, Richard <Richard.Correia@nrc.gov> Cc: Thaggard, Mark <Mark.Thaggard@nrc.gov>; Dennis, Suzanne <Suzanne.Dennis@nrc.gov>

Subject:

RE: RESPONSE - FOIA-2016-00607 - Emails from NRC Staff Member re Failure to Study Dam Security, Nuclear Safety Issues Associated with Flooding, USACE and ACRS MOU, and Keeping Inundation Levels from the Public Hi Rich, 11 works for me. I'll see everyone then ©

Thanks, Deanna From: Correia, Richard Sent: Monday, August 01, 2016 9:58 AM To: Warner, Deanna <Deanna.Warner@nrc.gov>

Cc: Thaggard, Mark <Mark.Thaggard@nrc.gov>; Dennis, Suzanne <Suzanne.Dennis@nrc.gov>

Subject:

RE: RESPONSE - FOIA-2016-00607 - Emails from NRC Staff Member re Failure to Study Dam Security, Nuclear Safety Issues Associated with Flooding, USACE and ACRS MOU, and Keeping Inundation Levels from the Public

Deanna, Sorry we missed your emails. We have a Division managers meeting at 1O .. how about 11 ish? If not 1ish?

Richard P. Correia., P.E. Director, Division of Risk Analysis OHice of Nuclear Ree,tJatortJ Research U.S.NRC 1

From: Warner, Deanna Sent: Monday, August 01, 2016 8:05 AM To: Correia, Richard <Richard.Correia@nrc.gov>

Subject:

RE: RESPONSE - FOIA-2016-00607 - Emails from NRC Staff Member re Failure to Study Dam Security, Nuclear Safety Issues Associated with Flooding, USACE and ACRS MOU, and Keeping Inundation Levels from the Public I'm going to swing by to see Margo on a path moving orwar . Deanna From: Correia, Richard Sent: Saturday, July 30, 2016 5:40 PM To: Warner, Deanna <Deanna.Warner@nrc.gov>; Thaggard, Mark <Mark.Thaggard@nrc.gov> Cc: Dennis, Suzanne <Suzanne.Dennis@nrc.gov>

Subject:

Re: RESPONSE - FOIA-2016-00607 - Emails from NRC Staff Member re Failure to Study Dam Security, Nuclear Safety Issues Associated with Flooding, USACE and ACRS MOU, and Keeping Inundation Levels from the Public Looking forward to you visit Deanna Rich Richard Correia, P .E. Director, Division of Risk Analysis Office of Nuclear Regulatory Research USNRC On: 29 July 2016 10:45, "Warner, Deanna" <Deanna.Warner(a nrc.gov> wrote: Good Morning, I'll stop by on Monday to discuss further. Have a great weekend. Deanna From: Warner, Deanna Sent: Friday, July 29, 2016 9:24 AM To: Weber, Michael <Michael.Weber@nrc.gov>; Dennis, Suzanne <Suzanne .Dennis@nrc.gov>; Difrancesco, Nicholas <Nicholas.DiFrancesco@nrc.gov>; Hackett, Edwin <Edwin.Hackett@nrc.gov>; Correia, Richard <Richard.Correia@nrc.gov>; Thaggard, Mark <Mark.Thaggard@nrc.gov>

Subject:

RE: RESPONSE - FOIA-2016-00607 - Emails from NRC Staff Member re Failure to Study Dam Security, Nuclear Safety Issues Associated with Flooding, USACE and ACRS MOU, and Keeping Inundation Levels from the Public Good Morning, (b)(5) I'm passing the attached on for awareness. The emails are currently in ADAMS as publicly available: 2

The accession numbers are: ML16201A086 ML16201A095 ML16201A093 ML16201Al00

Thanks, Deanna From: Weber, Michael Sent: Thursday, July 28, 2016 6:00 PM To: Warner, Deanna <Deanna.Warner@nrc.gov>

Cc: Dennis, Suzanne <Suzanne.Dennis@nrc.gov>; Berrios, Ilka <llka.Berrios@nrc.gov>; Armstrong, Kenneth <Kenneth.Armstrong@nrc.gov>; Difrancesco, Nicholas <Nicholas.DiFrancesco@nrc.gov>; Hackett, Edwin <Edwin.Hackett@nrc.gov>; Correia, Richard <Richard.Correia@nrc.gov>; Thaggard, Mark <Mark.Thaggard@nrc.gov>

Subject:

RESPONSE - FOIA-2016-00607 - Emails from NRC Staff Member re Failure to Study Dam Security, Nuclear Safety Issues Associated with Flooding, USACE and ACRS MOU, and Keeping Inundation Levels from the Public Good evening, Deanna. I searched my electronic records for the requested emails and could not locate any records that were responsive. My in - box is current (almost all messages within the last week). I searched my "Sent box" for the week following the date of the requested records and did not locate any responsive records. I search line by line. Search required 10 minutes. Thanks From: Warner, Deanna Sent: Thursday, July 28, 2016 2:40 PM To: Dennis, Suzanne <Suzanne.Dennis@nrc.gov>; Berrios, Ilka <llka.Berrios@nrc.gov>; Armstrong, Kenneth <Kenneth.Armstrong@nrc.gov>; Difrancesco, Nicholas <Nicholas.DiFrancesco@nrc.gov>; Hackett, Edwin <Edwin.Hackett@nrc.gov>; Weber, Michael < Michael.Weber@nrc.gov>

Subject:

FOIA-2016-00607 - Emails from NRC Staff Member re Failure to Study Dam Security, Nuclear Safety Issues Associated with Flooding, USACE and ACRS MOU, and Keeping Inundation Levels from the Public Greetings, RES has been tasked with providing responsive records to the subject FOIA. Staff can either electronically mark records for redaction or provide a narrative describing the portions of the records to be withheld. Responsive Records guidance and a Summary of FOIA Exemption Classifications are available to assist the assignee with providing responsive records, including bracketing information to be withheld and applying exemption codes. Any division/branch that determines the request is within scope and/or who provides responsive records to a request must complete Form 511A, "Documenting a FOIA Search." By August 1, 2016, please respond to D. Warner and/or FOIAPANSIR.Resource@nrc.gov or FOIAPARES.Resource@nrc.gov by choosing one of the following: _ _ The request is outside the scope of the division/branch responsibility; therefore, there are no responsive records. _X_ The request is within the scope of the division/branch responsibility; no responsive records were found. Attached is a Form 511A documenting the search. __ The request is within the scope of the division/branch responsibility; responsive records were found and are attached. A Form 511A is also attached documenting the search. 3

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

Thanks, ZJ~w~

FOIA Coordinator Office of Nuclear Security and Incident Response U.S. Nuclear Regulatory Commission 3WFN9-Al0 301-287-3702 4

personal record personal record personal record personal record UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 October 2, 2017 FOIA/PA-2017-00700 Paul Blanch 135 Hyde Road West Hartford, CT 06117-1621

Dear Mr. Blanch:

We received your Freedom of Information Act (FOIA) request on September 28, 2017. Your request, which seeks access to ML17170A169, ML17089A005, ML17170A168, ML 1729A980 and ML17227A821 , has been assigned the following reference number that you should use in any future communications with us about your request: FOIA/PA-2017-00700. To ensure the most equitable treatment possible of all requesters, the NRC processes requests on a first-in, first-out basis, using a multiple track system based upon the estimated time it will take to process a request. Based on your description of the records you are seeking, we estimate completion of your request will be on or before October 27, 2017. Please know that this date roughly estimates how long it will take us to close requests ahead of yours in the respective track and complete work on your request. The actual date of completion might be before or after this estimate, based on the complexity of all of the requests in the simple track. We will advise you of any change in the estimated time to complete your request. In an effort to process your request promptly, you may wi'sh to narrow the scope of your request to limit the volume of potentially responsive records. For purposes of assessing fees in accordance with our regulations (10 CFR 9.33), we have placed your request in the following category: Non-Excepted. If applicable, you will be charged appropriate fees for: Search and Duplication of Records. A sheet has been enclosed that explains in detail the fee charges that may be applicable. Please do not submit any payment unless we notify you to do so.

The following person is the Government Information Specialist who has been assigned responsibility for your request: Lezlie Colbert at 301 -415-5966 or Lezlie.Colbert@nrc.gov. If you have questions on any matters concerning your FOIA request, please feel free to contact the assigned Government Information Specialist or me at (301) 415-7169. Sincerely, Stephanie A. Blaney FOIA Officer Office of the Chief Information Officer

Enclosures:

Explanation of Fees

EXPLANATION OF FEES Requester Fee Categories Commerclal: Fees are charged for document search, dupUcallon. and review, when records are requested for commercial purposes. Fees (above the minimum fee charge) cannot be waived for this category of requester. Educational, Non-Commerclal Scientific, News Media and Privacy Act: Fees may be charged only for document dupUcaHon v.tlen records are not sought for commercial use and the request is made by an Educational or Noll-Commercial Scientific instit~on. whose purpose is scholarly or scientific research; or a Representative of the_News Media; or a person requesting his/her own records that are in a Privacy Act system of records. No fee Is charged for the first one hundred pages of d upllcation for this category of requester. Non-Excepted: For any request not described above (Non-Excepted), fees may be charged for document search and dupjlcatjon. No fee is charged for the first two hours of search time or for the first one hundred pages of duplication for this categor,: of requester. Fee Schedules Fee schedules provide only for the recovery of the direct costs of search, duplication, or review. Review costs include only the costs for initial examination of a document to determine whether it must be disclosed and to determine whether to withhold portions that are exempt from disclosure. The fee schedule Is as follows: Search & Review Conducted Bv .Bl1i.

           ! SES/COMMISSIONER                        $90.53/hour        (ES-maximum)
           ! PROFESSIONAL                            $56.36/hour        (GG-13, Step 6)
           ! CLERICAL                                $25.16/hour        (GGa7, Step 7)

Dugllcatlon Ch!!llN $.20 per page Fees for non-standard search or duplication will be charged at the actual cost (e.g. providing copying of audio tapes or conducting compu1er searches). Minimum Fee: No fee wiff be charged unless the fee is equal to or greater than $25.00. When to Pav Fees If we estimate that fees will not exceed $25.00 or you have stated In your request a higher amount that you are willing to pay, we assume your willingness to pay up to $25 or the amount stipulated and you will be billed after we have completed your request. If we estimate that fees wlll exceed $25.00 or any amount that has been stated by you in your request. we will not proceed with your request until we have notified you and obtained your agreement to pay the estimated fees. If we estimate fees will exceed $250, you will be required to pay the estimated fees In advance before we proceed further with your request. If, whlle processing your request, we find that the actual fees exceed the estimated fee, we v.iM obtain your consent to pay the additional fees before continuing to process your request. If the actual fees to process your request are less than any advance payment you have made, you will be refunded the overpayment amount. Fee Waivers A waiver or reduction of fees may be granted for furnishing documents if a requester, by fully addressing the eight fadors In 10 CFR 9.41 , clearly demonstrates that disclosure of lhe Information Is In the public Interest because It is llke'ly to contribute significanUy to public understanding of the operations or activities of the government and is not primarily in the commercial interest of the requester.

personal record personal record From: Dave Lochbaum <DLochbaum@ucsusa.org> Sent: Wednesday, November 01, 2017 10:44 AM To: Stevens, Margo

Subject:

[External_Sender] Re: FOIA-2017-0692 (Blanch), 2017-0695 (Carson), 2017-0700 (Blanch), 2018-0003 (Kolar/Devine of GAP), and 2018-0010 (Lochbaum) Attachments: 20171101-lochbaum-foia-waiver.pdf Hello Margo: My signed waiver is attached. Thanks for the effort for a more efficient and timely response to the FOIA requests. Dave Lochbaum ucs From: Stevens, Margo <Margo.Stevens@nrc.gov> Sent: Wednesday, November 1, 2017 8:49:25 AM To: Dave Lochbaum

Subject:

FOIA-2017-0692 (Blanch), 2017-0695 (Carson), 2017-0700 (Blanch), 2018-0003 (Kolar/Devine of GAP), and 2018-0010 (Lochbaum) Good morning Dave. The NRC has recently received the above-referenced FOIA requests, which seek access to records, or groups of records, pertaining to Larry Criscione personally, or to mc;1tters in which Mr. Criscione has raised allegations in the past (primarily dealing with the effect on nuclear power plants of flooding from upstream dam failures generally or at Oconee Nuclear Station specifically, or a shutdown at Callaway). They are all assigned to me. Although some of these requests (including your own, FOIA-2018-0010) incluqed a privacy waiver from Mr. Criscione, there were certain ambiguities in it, so I worked with Mr. Criscione to revise it. He has signed it and returned it to me, so the agency's responses to these requests will take the waiver into account (and has been taken into account in the interim responses you've already received). The reason for my email is that, based on previous FOIA requests involving these records that I have processed, I am recalling that, in certain of the records responsive to one or more of these requests, your name, personal email address, cell number, or other PII appears . . In an effort to lessen the work I will need to do In order to process records that contain any of your PII (and therefore speed up the processing of the records), I wanted to solicit your (limited) consent for me to process such records in the same way for the other requesters (in other words, I'll only have to process in one way a record that is responsive to any of the above-referenced requests, even if you are not the requester). If you are amenable, please sign and return to me the attached "privacy waiver." Thank you. !Mar90 £. Stevens

fOI:A :Ana(yst/'I'eam Leaaer (Contractor)

OCTO/(;'E:MS/Informatwn Services 1lrancfi. 11.S. :N"ucCear 'ReguCatory Commission 11545 'Rocf:vi[(e 'Pi.ie, :MauStop 'T-2:f7 'Rocf.vt[(e, :MaryCana20852 'I'eCepfione #: (301) 415-8148 1

PRIVACY WANER I, D,,y, i:. A- L" c.'4t1Av*"' have been informed by Margo Stevens, FOIAAnalyst/Team Leader (contractor) in NRC's FOIA Office, that my name, personal email address, or other personally identifiable information (PII) for which privacy exemptions may be applicable, appears in one or more of the records responsive to several Freedom of Information Act (FOIA) requests (FOIA-2017-0692 and 2017-0700 submitted by Paul Blanch, 2017-0695 submitted by Joe Carson, 2018-0003 submitted by Jack Kolar and Tom Devine of the Government Accountability Project (GAP), and 2018-001 O submitted by David Lochbaum of the Union of Concerned Scientists). In an effort to streamline the processing of any records containing my PII in response to any of the above-referenced FOIA requests, I am consenting to the release of my PII as these items appear in records responsive to these requests. 0 Signature Date

From: Stevens, Margo Sent: Wednesday, November 01, 2017 10:24 AM To: 1pcarson'

Subject:

RE: Re: FOIA-2017-0692 (Blanch), 2017-0695 (Carson), 2017-0700 (Blanch), 2018-0003 (Kolar/Devine of GAP), and 2018-0010 (Lochbaum) Thank you.

Mar90 £. Stevens

fOI.:A. .:A.nafyst/'I'eam Leader (Contractor)

OCIO/(j'E:M.S/Infonnatum Services 1lrancfi

'U.S. Nucfe.ar 'Re9ufatury Commissum 11545 '.Rockviffe. Pii.e, :Mai{Stoy  r-2:r1
'Rock.viffe, :M.aryfand"20852
'I'efe.yfwne #: (301) 415-8148 From: jpcarson [2]

Sent: Wednesday, November 01, 2017 10:22 AM To: Stevens, Margo <Margo.Stevens@nrc.gov>

Subject:

[External_Sender] Re: FOIA-2017-0692 (Blanch), 2017-0695 (Carson), 2017-0700 (Blanch), 2018-0003 (Kolar/Devine of GAP), and 2018-0010 (Lochbaum) I faxed waiver Joe carson

Original message --------

From: "Stevens, Margo" <Margo.Stevens@nrc.gov> Date: 11/1/17 8:54 AM (GMT-05:00) To: jpcarson@tds.net

Subject:

FOIA-2017-0692 (Blanch). 2017-0695 (Carson), 2017-0700 (Blanch), 2018-0003 (Kolar/Devine of GAP), and 2018-0010 (Lochbaum) Good morning. The NRG has recently received the above-referenced FOIA requests, which seek access to records, or groups of records, pertaining to Larry Criscione personally, or to matters in which Mr. Criscione has raised allegations in the past (primarily dealing with the effect on nuclear power plants of flooding from upstream dam failures generally or at Oconee Nuclear Station specifically, or a shutdown at Callaway). They are all assigned to me. Although some of these requests included a privacy waiver from Mr. Criscione, there were certain ambiguities In It, so I worked with Mr. Criscione to revise it. He has signed it and returned it to me, so the agency's responses to all of these requests will take the waiver into account. 1

The reason for my email is that, based on previous FOIA requests involving these records that I have processed, I am recalling that, your name, personal email address, cell number, or other PII appears. In an effort to lessen the work I will need to do in order to process records that contain any of your PII (and therefore speed up the processing of the records) that are responsive to one or more of these requests, I wanted to solicit your (limited) consent for me to process such records in the same way for the other requesters (in other words, I'll only have to process in one way a record that is responsive to any of the above-referenced requests, even if you are not the requester). If you are amenable, please sign and return to me the attached "privacy waiver." Thank you. !Margo £. Stevens

fOl.:A.. ..'A.nafyst/'I'eam .leader (Cantractor)

OCIO/(j'E:MS/Information Services 1Jrancfi 'U.S. :Nuc~ar 'ReguCatory Commission 11545 'Rockvilie Pike, :MauStoy 'T-2:f7 'Roci:viffe, :MaryCana20852 'I'e~yfione #: (301) 415-8148 2

574176 1 K252 7BL 09:4 1: 29a.m. 11 201 7 2 /2

           ~                                     PRIVACY WANER I,  J°!! /arf          tJ;J, have been informed by Margo Slovens, FOIA AnalysVTeam Leader (contractr) in NRC's FOIA Office, that my name, personal email address, or other personally identifiable information (PII) for which privacy exemptions may be applicable, appears in one or more of the records responsive to several Freedom of Information Act (FOIA) requests (FOIA-2017-0692 and 2017-0700 submitted by Paul Blanch, 2017-0695 submitted by Joe Carson, 2018-0003 submitted by Jack Kolar and Tom Devine of the Government Accountability Project (GAP), and 2018-0010 submitted by David Lochbaum of the Union of Concerned Scientists).

In an effort to streamline the processing of any records containing my PII in response to any of the above-r fere ed FOIA requests, I am consenting to the release of my PII as these items app e or s esponsive to these requests.

From: Paul <pmblanch@comcast.net> Sent: Wednesday, November 01, 2017 10:09 AM To: Stevens, Margo Cc: Paul M Blanch; Joe Carson; Dave Lochbaum; Criscione, Lawrence

Subject:

[External_Sender] Re: FOIA-2017-0692 (Blanch), 2017-0695 (Carson), 2017-0700 (Blanch), 2018-0003 (Kolar/Devine of GAP), and 2018-0010 (Lochbaum) Attachments: Multi-person Privacy Wa.iver.pdf; ATT00001 .htm Margo: Thanks for all you efforts. Enclosed is a signed waiver per your request

PRIVACY WAIVER I, Paul M. Blanch, have been informed by Margo Stevens, FOIA Analyst/Team Leader (contractor) in NRC's FOIA Office, that my name, personal email address, or other personally identifiable information (PII) for which privacy exemptions may be applicable, appears in one or more of the records responsive to several Freedom of Information Act (FOIA) requests (FOIA-2017-0692 and 2017-0700 submitted by Paul Blanch , 2017-0695 submitted by Joe Carson , 2018-0003 submitted by Jack Kolar and Tom Devine of the Government Accountabil ity Project (GAP), and 2018-0010 submitted by David Lochbaum of the Union of Concerned Scientists). In an effort to streamline the processing of any records containing my PII in response to any of the above-referenced FOIA requests, I am consenting to the release of my PII as these items appear in records responsive to these requests. November 1, 2017 Signature Date

From: Jack Kolar <jackk@whistleblower.org> Sent: Wednesday, November 01, 2017 9:36 AM To: Stevens, Margo

Subject:

[External_Sender] RE: FOIA-2017-0692 (Blanch), 2017-0695 (Carson), 201 7-0700 (Blanch), 2018-0003 (Kolar/Devine of GAP), and 2018-0010 (Lochbaum) Thank you. Jack From: Stevens, Margo [3] Sent: Wednesday, November 1, 2017 8 :58 AM To: Jack Kolar <jackk@whistleblower.org>; Tom Devine <TomD@whistleblower.org>

Subject:

FOIA-2017-0692 (Blanch), 2017-0695 (Carson), 2017-0700 (Blanch), 2018-0003 (Kolar/Devine of GAP), and 2018-0010 (Lochbaum) Good morning. The NRC has recently received the above-referenced FOIA requests, which seek access to records, or groups of records, pertaining to Larry Criscione personally, or to matters in which Mr. Criscione has raised allegations in the past (primarily dealing with the effect on nuclear power plants of flooding from upstream dam failures generally or at Oconee Nuclear Station specifically, or a shutdown at Callaway). They are all assigned to me. Although some of these requests Included a privacy waiver from Mr. Criscione, the.re were certain ambiguities in it, so I worked with Mr. Criscione to revise it. He has signed it and returned it to me, so the agency's responses to all of these requests will take the waiver into account (as has already occurred with respect to the interim responses you have already received). The reason for my email is that, based on previous FOIA requests involving these records that I have processed, I am recalling that, Mr. Devine's name, personal email address, cell number, or other PII appears. (ML Kolar, I do not recall that any of your PII appears, so I have included you on this email simply because you are the primary point of contact on your request, FOIA-2018-0003). In an effort to lessen the work I will need to do in order to process records that contain any of your PII (and therefore speed up the processing of the records) that are responsive to one or more of these requests, I wanted to solicit Mr. Devine's (limited) consent for me to process such records in the same way for the other requesters (in other words, I'll only have to process in one way a record that is responsive to any of the above-referenced requests, even if you are not the requester). If Mr. Devine is amenable, please sign and return to me the attached "privacy waiver." (Mr. Kolar, if you have reason to believe your PII does appear in the records, recognizing that some of the 111 enumerated items in your request ask for records that I am not familiar with, I'd appreciate your executing a waiver, too.) Thank you.

Mar90 £. Stevens

fOJ.:A. 5'\na{yst/ 'Team Leader (Contractor)

OCIO/(i'.E!MS/ Informatum Services '.Brandi 'U.S. Nudear 'Regulatory Commi.ssum 11545 'Rock:vilk PiR.e, !Mai{Stoy 'T'-2:f7 'R.ockvi<<e, !MaryCana20852 'I'efeyfume #: (301) 415-8148 1

From: Jack Kolar To : Stevens Margo Cc : Tom Devine : Lawrence cr;scione Subject : [External_Sender] Privacy Waiver by JAK.pdf Date: Thursday, April 18, 2019 10:24:26 AM Attachments: Privacy Waiver by JAK.pdf Hi Ma rgo, I am attach ing the privacy waiver for myself. Tom Devine is out of town, but I will flag t hi s for his attention once he returns to t he office. Jack Ko la r

PRIVACY WAIVER I, _John A. K o l a r ~ ~ - - - - - - ' have been informed by Margo Stevens, FOIA Analyst/Team Leader (contractor) in NRC's FO!A Office, that my name, personal email address, or other personally identifiable information (PII) for which privacy exemptions may be applicable, appears in one or more of the records responsive to several Freedom of Information Act (FOIA) requests (FO!A-2017-0692 and 2017-0700 submitted by Paul Blanch, 2017-0695 submitted by Joe Carson, 2018-0003 submitted by Jack Kolar and Tom Devine of the Government Accountability Project (GAP), and 2018-0010 submitted by David Lochbaum of the Union of Concerned Scientists). In an effort to streamline the processing of any records containing my Pll in response to any of the above-referenced FOIA requests, I am consenting to the release of my PII as these items appear in records responsive to these requests.

From: Jorn Devine To: Stevens Margo Cc: Jack Kolar Subject : [External_Sender] FW: Tom Devine FOIA Privacy Waiver Date: Thursday, April 18, 2019 11:58:59 AM Attachments: TD FOIA oriyacyt waiver docx Hi Ms. Stevens, My waiver is attached. If an electron ic signature is insufficient, I' ll send a ha nd-written one o n Monday when back from an out of country assignment. Regards, Tom Tom Devine Lega l Director Governme nt Accountability Project 1612 K St NW, Suite 1100 Washington, DC 20006 (202) 457-0034 ext. 124 (voice) (240) 888-4080 (c) (202) 457-0059 (fax) Emai l: tomd@whistleblower org Website: www whjstleblower org The Government Accountability Project is the nation's leading whistleblower protection and advocacy organization. GAP is a non-partisan, non-profit 501(c)(3) public-interest organization. GAP has actively promoted government and corporate accountability since 1977. V NOTICE: This ema il includi ng attachment(s) are for th ation protected by law. Any una uthorized revi 1 ed.

PRIVACY WAIVER I,_Tom Devine_ _ _ _ _ _ _ _ , have been informed by Margo Stevens, FOIA AnalysUTeam Leader (contractor) in NRC's FO IA Office, that my name, personal email address, or other personally identifiable information (PII) for which privacy exemptions may be applicable, appears in one or more of the records responsive to several Freedom of Information Act (FO IA) requests (FOIA-2017-0692 and 2017-0700 submitted by Paul Blanch, 2017-0695 submitted by Joe Carson , 2018-0003 submitted by Jack Kolar and Tom Devine of the Government Accountability Project (GAP), and 2018-0010 submitted by David Lochbaum of the Union of Concerned Scientists). In an effort to streamline the processing of any records containing my PII in response to any of the above-referenced FOIA requests , I am consenting to the release of my PII as these items appear in records respons ive to these requests. 4/18/2019 Signature Date

From: Stevens, Margo Sent: Wednesday, November 01 , 2017 8:58 AM To: Jack Kolar; 'TomD@whistleblower.org'

Subject:

FOIA-2017-0692 {Blanch), 2017-0695 (Carson), 2017-0700 (Blanch), 2018-0003 {Kolar/Devine of GAP), and 2018-0010 (Lochbaum) Attachments: Multi-person Privacy Waiver.docx Good morning. The NRC has recently received the above-referenced FOIA requests, which seek access to records, or groups of records, pertaining to Larry Criscione personally, or to matters in which Mr. Criscione has raised allegations in the past (primarily dealing with the effect on nuclear power plants of flooding from upstream dam failures generally or at Oconee Nuclear Station specifically, or a shutdown at Callaway). They are all assigned to me. Although some of these requests included a privacy waiver from Mr. Criscione, there were certain ambiguities in it, so I worked with Mr. Criscione to revise it. He has signed it and returned it to me, so the agency's responses to all of these requests will take the waiver into account (as has already occurred with respect to the interim responses you have already received). The reason for my email is that, based on previous FOIA requests involving these records that I have processed, I am recalling that, Mr. Devine's name, personal email address, cell number, or other PII appears. (Mr. Kolar, I do not recall that any of your PII appears, so I have included you on this email simply because you are the primary point of contact on your request, FOIA-2018-0003). In an effort to lessen the work I will need to do in order to process records that contain any of your PII (and therefore speed up the processing of the records) that are responsive to one or more of these requests, I wanted to solicit Mr. Devina's (limited) consent for me to process such records in the same way for the other requesters (in other words, I'll only have to process in one way a record that is responsive to any of the above-referenced requests, even if you are not the requester). If Mr. Devine is amenable, please sign and return to me the attached "privacy waiver." (Mr. Kolar, if you have reason to believe your PII does appear in the records, recognizing that some of the 111 enumerated items in your request ask for records that I am not familiar with, I'd appreciate your executing a waiver, too.) Thank you.

Margo.£.. Stevens JOI.Jl .Jlna[yst/'T'eam Leader (Contractor)

OCTO/(g'.E:MS/Information Services 1lrancfi 'U.S. Nudear 'R.elJUCatory Commission

11545 'Rocfr.vilie 'Pike, :MauStop 'I'-2:J7

'Rocfr.vilie, :MaryCana20852 'T'efepfum.e #: (301) 415-8148 1

PRIVACY WAIVER I, _ _ _ _ _ _ _ _ , have been informed by Margo Stevens, FOIA AnalysUTeam Leader (contractor) in NRC's FOIA Office, that my name, personal email address, or other personally identifiable information (PII) for which privacy exemptions may be applicable, appears in one or more of the records responsive to several Freedom of Information Act (FOIA) requests (FOIA-2017-0692 and 2017-0700 submitted by Paul Blanch , 2017-0695 submitted by Joe Carson , 2018-0003 submitted by Jack Kolar and Tom Devine of the Government Accountability Project (GAP), and 2018-0010 submitted by David Lochbaum of the Union of Concerned Scientists). In an effort to streamline the processing of any records containing my PII in response to any of the above-referenced FOIA requests , I am consenting to the release of my PII as these items appear in records responsive to these requests. Signature Date

From: Stevens, Margo Sent: Wednesday, October 25, 2017 11 :25 AM To: Blaney, Stephanie

Subject:

RE: Privacy Waiver Accompanying FOIA Requests FYI. Folder created in G drive under FOIA (Identity Verification & 3rd Party Authorizations). Quite a mouthful, I know ... I placed Criscione's waiver/identity verification there.

Mar90 .£. Stevens

fOI.'A .'Anafyst/'leam .C.eaaer (Contractor)

OCIO/{i'E:MS/Information Services 1ffancfi U.S. :NucCear '.Regu{atory Commission 11545 '1wci.vi1Ie 'Pi.i.e, :Mai{Stop 'I'-2:f7

'Roci.viffe, :MaryCana20852
'I'eCepfume #: (301) 415-8148 From: Blaney, Stephanie Sent: Wednesday, October 25, 2017 8:48 AM To: Stevens, Margo <Margo.Stevens@nrc.gov>

Subject:

RE: Privacy Waiver Accompanying FOIA Requests Yeah I agree. From: Stevens, Margo Sent: Wednesday, October 25, 2017 8:45 AM To: Blaney, Stephanie <Stephanie.Blaney@nrc.gov>

Subject:

RE: Privacy Waiver Accompanying FOIA Requests G drive? Or the restricted part of Sharepoint? (Maybe FOIA Online will offer some options but until then, maybe a folder of "Proof of ldentityfThird Party Authorizations" and we can place it there ... )

Mar90 L. Stevens

fOI.'A .'Ana{yst/'I'eam £.eaaer (Contractor)

OCTO/{i'E:MS/Information Services 1ffancfi U.S. :NucCear 'Regufatory Commission 11545 '1wckvi1Ie 'Pike, :Mai{Stop T'-2:f7 'Rocivtffe, :Maryfana20852 'I'eCepfione #: (301) 415-8148 1

From: Blaney, Stephanie Sent: Wednesday, October 25, 2017 S:44 AM To: Stevens, Margo <Margo.Stevens@nrc.gov>

Subject:

RE : Privacy Waiver Accompanying FOIA Requests I need to think of the best way to maintain these so we're not searching every request looking for the l~test. From: Stevens, Margo Sent: Wednesday, October 25, 2017 8:00 AM To: Blaney, Stephanie <Stephanie.Blaney@nrc.gov>

Subject:

FW: Privacy Waiver Accompanying FOIA Requests OK. So, here's a copy of his newly signed waiver, which will incorporate by reference the 2016 waiver, which I'll use to process the "second round of matrix" requests. I don't know how you want to preserve that we have his proof of identity for FY2018 requests ..... but you'll note his driver's license being provided . I will send you shortly some Forms 464 for your signature. Mareo L Stevens

JOJ.'A. ..'A.na{yst/'ream Lea.an- (Contractor)

OCTO/(j'E:MS/Iriformation Services 'Brancfi 'U.S. NucCear 'Regulatory Commission 11545 'Roci:vilfe. 'Pik.e, :Mai{Stoy 'f-2:J7 'Roci:vi<<e, Jvt.ary(antf20852 'reCe_pfwne #: (301) 415-8148 From: Criscione, Lawrence Sent: Tuesday, October 24, 2017 7:19 PM To: Stevens, Margo <Margo.Stevens@nrc.gov> Cc: Jack Kolar <jackk@whistleblower.org>; tomd@whistleblower.org: pmblanch@comcast.net; Dave Lochbaum (DLochbaum@ucsusa.org) <Dlochbaum@ucsusa.org>; jpcarson@tds.net

Subject:

Privacy Waiver Accompanying FOIA Requests Waiver attached. From: Stevens, Margo <Margo.Stevens@nrc.gov> Sent: Tuesday, October 24, 2017 2:07:53 PM To: lcriscione@hotmail.com

Subject:

Privacy Waiver Accompanying FOIA Requests Good afternoon Larry. As I'm sure you're aware, Jack Kolar on behalf of the Government Accountability Project submitted a FOIA request (FOIA-2018-0003) for 111 enumerated records, or groups of records, associated with you (or matters with which you've had some involvement). Attached to this request was a document purporting to be a signed Privacy Act release form. I assume you are also aware that David Lochbaum has submitted an identical request (FOIA-2018-0010). You may be aware Paul Blanch and Joe Carson have submitted requests (FOIA-2017-0692, FOIA-2017-0700, and FOIA-2017-0695, respectively, for some of these same records, although these requests were not accompanied by any release from you. 2

Perhaps the form that GAP submitted is one it typically uses, but it is ambiguous to me in its intent. It starts off as if it's a FOIA/PA request by you for all records indexed under your name. It makes reference to your having provided a photocopy of your driver's license as proof of your identity in the past. It then concludes with language generally used in PA requests. Since it is my understanding that your intention is to waive any privacy interests that you possess in the records responsive to GAP's and Mr. Lochbaum's requests (and perhaps also with respect to these other requests), I would prefer that we work up a privacy waiver that incorporates by reference the waiver you executed last year when I was processing several other requests for many of these same records, and then adds to it the new records identified in these requests. I also know that it is the FOIA Office's preference to have frequent requesters furnish proof of their identity annually, in light of retention schedules that authorize the disposal of request files after six years. So, I'd appreciate it if you would provide a photocopy of your license for our use in FY2018. I've also attached a copy of the waiver you executed in September 2017 (which you do not need to re-sign, but I wanted you to have it as you review the new waiver), along with the new waiver that I believe will allow us to proceed with the processing of GAP's and Mr. Lochbaum's requests (as well as the three others I referenced in the opening paragraph, and any others that may follow for the identical records). - Should you have any questions, or comments, on the attached, please do not hesitate to contact me. I have begun to assemble responses based on my assumption that you will submit a current proof of identity and privacy waiver; however, none can be issued until we have your signed waiver/proof of Identity in hand So your prompt attention is most appreciated. Thank you.

M.ar90 L Stevens

J'OI.:A .:Jma{yst/'I'eam .£.eaaer (Contractor)

OCIO/(i'EMS/Informatum Services 1lrancfi 'll.S. Nucfear 1{egufatory Commtssum 11545 'R.ociviffe 'PiRe, :MaiCStop T-2:f7 'R.oci:viff.e., :MaryCana20852 'I'efeplione #: (301) 415-8148 3

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

              ~#,~/

(0~2017) o>"""'<.

              *             ?,          RESPONSE TO FREEDOM OF                                    I 2017-0695 11 l

I

              \. .....~j           INFORMATION ACT (FOIA) REQUEST                                   RESPONSE 0

INTERIM FINAL TYPE REQUESTER: DATE: IJoseph Carson DESCRIPTION OF REQUESTED RECORDS: 11 I 1/21/ 2017 I The document you described as "MLI 6195A368, 2016-Jun-30 Response by the NRC Chairman to the US Special Counsel regarding bsc File No. DI-15-5254" 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 afhtlp_s://www.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. Agency records subject to the request are endosed. 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. 0 See Comments. PART I.A - FEES NO FEES AMOUNT* You will be billed by NRC for the amount listed. 0 Minimum fee threshold not met. II 11 You will receive a refund for the amount listed. 0 Due to our delayed response, you will

      *see Comment, for detaits           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 should not be taken to mean that any excluded records do, or do not, exist. 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, O.C. 20555-0001, or FOIA.Res~ @DK9.QY.. 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 tin12~:/[Qgis.arc1Jjyes.govlaboi.tl:.Qgis~ ct:.infonmatiQ.n.tllm PART I.C COMMENTS ( Use attached Comments continuation page if required} Although this record has been removed from ADAMS, because the NRC was able to locate it by the accession number you provided, w e have considered the record as described herein. Since the document is not identical to the copy located in the Chairman's office, we have determined that it is a personal, rather than agency, record. As such, it is not subject to the FOIA and has not been processed. Signature - Freedom of lnfonnatlon Act Officer or Deslanee Dl1trlbutlon Stephanie A* Blaney Digitally signed by Stephanie A. Blaney I Date: 2017.11.2114:18:48-05'00' lsECY I OFFICE ACTION OFFICER FOIA OFFICER NAME MLSteven1 SABlaney PUBLIC ADAMS DATE 11/21/2017 11/21/2017 0 NON-PUBLIC ADAMS NRC Form 464 Part I (03-2017) Page 1 of2

NRC FORM 464 Part I (OIG) U.S. NUCLEAR REGULATORY COMMISSION FOIA RESPONSE NUMBER (12-:2015) .,.,.._

                  ../¥.'\.               RESPONSE TO FREEDOM OF 1....-                                                                                                         0 -, 1--00-os---,i I         3            I
                    \ ..... /       INFORMATION ACT (FOIA) REQUEST 0

RESPONSE

INTERIM FINAL TYPE REQUESTER: DATE:

!Lawrence Criscione                                                                                                     1 1   FEB O 8 -2017 DESCRIPTION OF REQUESTED RECORDS:

Records corresponding to items 3 (ML16204A002) and 7 (MLI 6239A085) of your request, as further explained in the Comments Section, below. PART I. - INFORMATION RELEASED Agency records subject to the request are already available 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 iiave been referred to that agency (see comments section) for a disclosure determination and direct response to you. [ZJ We are continuing to process your request. See Comments. PART I.A - FEES AMOUIW D You will be billed by NRC for the amount listed. D None. Minimum fee threshold not met. 0 l!:==:11 =====JII D You will receive a refund for the amount listed. D Fees waived. Sff Comments for dotall1 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 should not be taken to mean that any excluded records do, or do not, exist [Z] We have withheld certain information pursuant to the FOIA exemptions described, and for the reasons stated, in Part II. 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. r7I You may appeal this final determination within 30 calendar days of the date of this response by sending a letter or email to l.!:.J the FOIA Officer, at U.S. Nuclear Regulatory Commission, Washington, D.C. 20555-0001, or FOIA.Resource@.nrc.gQIL.. Please be sure to include on your letter or email that it is a "FOIA Appeal." PART I.C COMMENTS ( Use attached Comments continuation page if required) In confonnance with the FOIA Improvement Act of 2016, the NRC is informing you that: (]) you have the right to seek assistance from the NRC's FOJA Public Liaison; (2) you have the right to seek dispute resolution services from the NRC's FOIA Public Liaison or the Office of Government Information Services; and (3) notwithstanding the language in Parts I.Band II.B of this form, you may appeal this final determination 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." [continued on next page] .,JGN~URE

ASSISTANT INSPECTOR GENERAL FOR INVESTIGATIONS, OIG NRC Form 464 Part I (OIG) (12-2015)

IMd CoMlnuMlaa ..... I Page 2 of 3

NRC FORM 464 Part I (OIG) (12-2015) U.S. NUCLEAR REGULATORY COMMISSION FOIA

                                                                               *~,---'--

20- 17--0-00-5 ~11* RESPONSE NUMBER 3 RESPONSE TO FREEDOM OF INFORMATION 0 ACT (FOIA) REQUEST Continued RESPONSE INTERIM FINAL TYPE REQUESTER: DATE: jLawrence Criscione II FEB O 8 20t7 I PART I.C COMMENTS (Continued) Thfa final response addresses the last two records requested in this 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. ML l 6204A002 is a copy of a letter addressed to Inspector General Hubert Bell. It was released to you in part in response to your request, FOIA-2016-0064. Personally identifiable infonnation of the third party who submitted the letter was redacted pursuant to FOIA exemption 7(C). We continue to withhold these portions on that basis. ML I 6239A084 consists of (I) an email exchange among the General Counsel to the Inspector General, the NRC Solicitor, and your lawyer w ith respect to the resolution of a prior FOIA lawsuit; (2) a letter from the General Counsel to the Inspector General to you; and (3) a copy of the stipulation of dismissal of that lawsuit, which is publicly available. They are enclosed. NRC Form 64 Part I (OIG) (12-2015) Page 3 of 3

NRC FORM 464 Part 11 (OIGJ U.S. NUCLEAR REGULATORY COMMISSION , .- FO _ IA_ _ _ _ _ _ _ I Zr'¥\ (12-2015) .......

Z1 2 RESPONSE TO FREEDOM OF I 20l?-0005#3 _

                 \             ,-j                   INFORMATION ACT (FOIA) REQUEST
                    .. ..... /                                                                                                           DATE:

I FEBO 8 3117 PART II.A ** APPLICABLE EXEMPTIONS Records subject to the request are being withheld in their entirety or in part under the FOIA exemption(s) as indicated below (5 U.S.C. 552(b)). D Exemption 1: The withheld information is proper1y classified pursuant to en Executive Order protecting national security information. D Exemption 2: The withheld information relates solely to the Internal personnel rules and practices of NRC. 0 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 Former1y Restricted Data (42 U.S.C. 2161-2165). 0 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 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) indicated. The information is considered to be proprietary because It concerns a licensee's or appilcant's physical protection or material control and accounting program for special nuclear material pursuant to 10 CFR 2.390(d)(1). 0 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 lnteragency or lntraagency 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 ~s disclosure would result in a clear1y unwarranted invaaion of personal privacy. [Z] Exemption 7: The withheld information consists of records compiled for law enforcement purposes and is being withheld for the reason(&) indicated. D (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 priv11cy.

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

         ~ 1_________________________________________..,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.

APPEL.LATE OfflQAL DENYING OFFICIAi TITLE/OFFICE RECORDS DENIED SCCY 10 EOO rr A ., ... ,~, I Assistant I nspector General for Investigations, OJG I j PI! of a third party I 11 11 I 11 I I Appeals must be made In writing within 30 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 FO!A.Resource@nrc.gov. Please be sure to Include on your letter or email that it Is a "FOIA Appeal." NRC Form 464 Part II (OIG) (12-2015) Page 1 of 1

NRC FORM 4 Part I (OIG) U.S. NUCLEAR REGULATORY COMMISSION FOIA RESPONSE NUMBER (12*2016)

                !.¥\
                \ ~. ~

i RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST I 2017-0005 11 3 I

RESPONSE

TYPE INTERIM [l] FINAL REQUESTER: DATE: jLawrence Criscione DESCRIPTION OF REQUESTED RECORDS: II FEB08m I Records corresponding to items 3 (ML16204A002) and 7 (ML16239A085) of your request, as further explained in the Comments Section, below. PART I. - INFORMATION RELEASED Agency records subject to the request are already available 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 disdosure determination and direct response to you. We are continuing to process your request. 0 See Comments. PART I.A - FEES AMOUNT' II You will be billed by NRC for the amount listed. None. Minimum fee threshold not met.

        $   II
        'Soo Commeni. lordtlallt You will receive a refund for the amount listed.

Fees waived. PART I.B - INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE D enforcement We did not locate any agency records responsive to your request. Note: Agencies may treat three discrete categories of law 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 appeal any of the responses we have issued In response to your request when we issue our final determination. [Z] You may appeal this final determination within 30 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.govL Please be sure to include on your letter or email that it is a "FOIA Appeal." PART I.C COMMENTS ( Use attached Comments continuation page if required) In conformance with the FOIA Improvement Act of 20 16, the NRC is informing you that: (I) you have the right to seek assistance from the NRC's FOIA Public Liaison; (2) you have the right to seek dispute resolution services from the NRC's FOIA Public Liaison or the Office of Government Information Services; and (3) notwithstanding the language in Parts 1.8 and II.B of this form, you may appeal this final determination w ithin 90 calendar days of the date of this response by sending a letter or email to the FOIA Officer, at U.S. N uclear Regulatory Commission, Washington, D.C. 20555-000 1, or FOJA.Resource@nrc.gov. Please be sure to include on your letter or email that it i s a "FOIA Appeal." [continued on next page] SIGNATURE* ASSISTANT INSPECTOR GENERAL FOR INVESTIGATIONS, OIG DISTRIBUTION IJoseyli .'A.. :Mc:Mif{an I! OFFICE t~Tl5)~1 FFI NAME Mir;:(o'Sl'evens AIG IOFFIC ~

                                        ~
                                        *<y-   ~   ' illan PUBLIC ADAMS
                                    '                                                                               [Z] NON-PUBLIC ADAMS DATE                 02/02/2017 ..__.. v(     (P/1:

NRG Form 464 Part I (OIG) (12-2015) Page 1 of 3

NRC FORM 464 Part I (OIG) U.S. NUCLEAR REGULATORY COMMISSION FOIA RESPONSE NUMBER (12,2015) RESPONSE TO FREEDOM OF INFORMATION I 2011-ooos 1 1 3 I 1-======-~====~ ACT (FOIA) REQUEST Continued I I

RESPONSE

INTERIM FINAL TYPE REQUESTER: DATE:

!Lawrence Criscione                                                                                    11   FEB O8 2>17         I PART I.C COMMENTS (Continued)

Th is final response addresses the last two records requested in this 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. ML16204A002 is a copy of a letter addressed to Inspector General Hubert Bell. Tt was released to you in part in response to your request, FOIA-2016-0064. Personally identifiable information of the third party who submitted the letter was redacted pursuant to FOIA exemption 7(C). We continue to withhold these portions on that basis. ML I 6239A084 consists of (I) an email exchange among the General Counsel to the Inspector General, the NRC Solicitor, and your lawyer with respect to the resolution of a prior FOIA lawsuit; (2) a letter from the General Counsel to the Inspector General to you; and (3) a copy of the stipulation of dismissal of that lawsuit, which is publicly available. They are enclosed. NRC Form 464 Part I (OIG) (12-2015) Page 3 of 3

NRC FORM 464 Part II (OIGI U.S. NUCLEAR REGULATORY COMMISSION FOIA (12-2015)

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                             '                           RESPONSE TO FREEDOM OF                                                          I      2017-0005#3 I
                 \   ...*** ~                     INFORMATION ACT (FOIA) REQUEST                                                         DATE:

I FEB08D7 I PART II.A --APPLICABLE EXEMPTIONS Records subjecl 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 classifted 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 1-47 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 submitter of the proposal. Exemption 4: The withheld Information is a trade secret or conftdential commercial or financial information that Is being withheld for the reason(s) indicated. The information is considered to be proprietary because it concerns a Ncensee'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 lntraagency records that are normally privileged in civil llllgalion. 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 resutt in a clearly 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) 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 lo reveal Identities of confidential sources. (E) Disclosure would reveal techniques and procedures for law enforcement investigations or prosecutions, or guidelines that could reasonably be expecled to risk circumvention of the law. (F) Disclosure could reasonably be, expected to endanger the life or physical safely of an individual. Other I I PART 11.B ** DENYING OFFICIALS In accordance with 10 CFR 9.25(g) and 9.26(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.

    ~ l ' J f ! ___                                                                                                                                   .&PPEUATE OHICI-.L

_,. *- TITLE/OFFICE RECORDS DENIED ECO aecv 10 I IPl! ofa third party voseph A McMrllan I Assistant Inspector General for Investigations, OIG I 11 I I II I I Appeals must be made in writing within 30 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." NRC Form 464 Part 11 (OIG) (12-2015) Page 1 of 1

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

                *¥\                                                                              I                        II (12-2015)

RESPONSE TO FREEDOM OF 2017-0005 2 I t ~

                '"~-t .....          INFORMATION ACT (FOIA) REQUEST

RESPONSE

INTERIM FINAL TYPE REQUESTER: DATE:

!Lawrence Criscione 11     m3 0 2 20f7         I DESCRIPTION OF REQUESTED RECORDS:

The records corresponding to items 2 (ML16204AOOJ) and 4 (MLI6236A230) of your request, as further explained in the Comments Section, below. PART I. - INFORMATION RELEASED Agency records subject to the request are already available in public ADAMS or on microfiche in the NRC Public Document Room. 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 AMOUNT" II You will be billed by NRC for the amount listed. None. Minimum fee threshold not met.

        $   II
        *see Commen11 for de11W1               You will receive a refund for the amount listed.           Fees waived.

PART 1.8 -- INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE D enforcement We did not locate any agency records responsive to your request. Note: Agencies may treat three discrete categories of law 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. 0 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. ID *the You may appeal this final determination within 30 calendar days of the date of this response by sending a letter or email to FOIA Officer, at U.S. Nuclear Regulatory Commission, Washington, D.C. 20555-0001 , or£Q1A.Resource@nr~_,y, Please be sure to include on your letter or email that it is a "FOIA Appeal." PART I.C COMMENTS ( Use attached Comments continuation page if required) In conformance with the FOfA Improvement Act of 2016, the NRC is informing you that you have the right to seek assistance from the NRC's FOIA Public Liaison. This interim response addresses two more of the records enumerated in your request. Since the date of your request, MLJ6204AOOI and ML16236A230 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 (:with the exception of [ continued on next page] SIGNATURE

FREEDOM OF INFORMATION #,CT OFFICER DISTRlBUITION Steylianie .'A. 'B{aney /\J/ INRR I OFFICE tflJO~ _gF.f19ER_ FOIA OFFICI~

NON-PUBLIC ADAMS PUBLIC ADAMS NAME M°Wti~ ns Stephan~e~ W) DATE ~ IJ.J 11 rs),/tJ,t I, I I Page 1 of 3 NRC Form 464 Part I (12-2015)

NRC°FORM 464 Part I u.s. NUCLEAR REGULATORY COMMISSION FOIA RESPONSE NUMBER (12-20151 1 2011-0005 11 2 RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST Continued RESPONSE INTERIM FINAL TYPE REQUESTER: DATE: !Lawrence Criscione II FEB022017 j PART I.C COMMENTS (Continued) ML16204A00I, as noted below). ML16236A230 is an early, preliminary, draft of a proposal to include the issue of random dam failure of an upstream darn in the Generic Issue Program (GIP), which was prepared by NRR staff. Although a draft, and therefore subject to the deliberative process privilege as subsumed within FOIA exemption 5, due to the passage of time and the fact that the issue was accepted into the GIP and the resulting report made publicly available (with modest redactions of security-sensitive information contained therein), NRC has exercised its discretion to release it to you. ML 16204A00I was detennined to be a personal, rather than agency, record. It is an email, dated September 14, 2012, that you sent to various congressional staff members. Although two items are shown to have been attached to that em ail, neither was included in ML I 6204A00 1. Since NRC has not located another copy of the email received in the course of any NRC staff member's assigned duties in any of its records systems, nor did yoil write it as part of your assigned duties, we have determined that the email is a personal record. As such, it is not subject to the FOIA and has not been processed. NRC Form 464 Part I (12-2015) Page 3 of3

From: Blaney, Stephanie Sent: Thursday, January 12, 2017 7:24 AM To: Danoff, Karen

Subject:

Margo's FOIA

Karen, I've reviewed Margo's interim release and I am good with it. She was, if she hasn't already done so, making changes to the 464. Once she brings it to you, it is able to be signed.

Thanks, Stephanie

FOIA REFERRAL & PACKAGE ROUTING SLIP Date: 21212011 F0IA- 2017-0005 Response# 3 (FINAL) TyBof Action Item: F0IA Referral F0IA Response Package for Concurrence [Z] F0IA Response Package for Signature How to be Delivered: [{]walk Around OFax OEmail To Whom Delivered: fzl~~ B;o~ram Office FOIA Coordinator: Other Instructions: This is one of the group of requests asking for records that Larry Criscione had placed in ADAMS. Interim responses 1 and 2 have been issued by the FOIA Officer. This is the final response for records under OIG jurisdiction (see background section for relevant history). FOIA Caseworker & Phone#: Margo Stevens, 415-8148 Rev. 12/14

Stephanie: The two records being addressed in this request can be found as pages 1*3 and 14-16 in FOIAXpress: 2016 Drawer; "FOIA-2016-0731 (MLS)" Folder; "Same Docs as 2007-0005" Section.

personal record personal record From: Stevens, Margo <foia.resource@nrc.gov> Sent: Thursday, October 06, 2016 8:34 AM To: LSCriscione@hotmail.com Cc: Stevens, Margo Subject FOIA/P/.1.-2017-00005 Acknowledgment Letter Attachments: FOIA-PA-2017-00005 Acknowledgment Letter.docx Acknowledgment letter signed by Stephanie Blaney, Acting FOIA Officer. No hard copy to follow. If you are unable to open the document, please let us know by return email (FOIA.Resource@nrc.gov) or call 301-415-7169. If you are interested in receiving information from the NRC FOIA program, subscribe to our distributiqn list.

- Larry -- sorry for the delay in sending; I thought I already had (and realized I had not when I updated the due dates) -- MLS **

UNITED STATES NUCLEAR REGULATORY COMMISSION WASIIING'TON, O.C. 205!\5-0001 October 6, 2016 FOIA/PA-2017-00005 Mr. Lawrence Criscione 1412 Dial Court Springfield, IL 62704

Dear Mr. Criscione:

We received your Freedom of Information Act (FOIA) request on October 4, 2016. Your request, which seeks access to seen documents that you added to ADAMS, bearing ML#s 16216A708, 16204A001 , 16204A002, 1S236A230, 16237A004, 16237A005, and 16239A085, has been assigned the following reference number that you should use in any future communications with us about your request: FOIA/PA-2017-00005. To ensure the most equitable treatment possible of all requesters, the NRC processes requests on a first-in, first-out basis, using a multiple track system based upon the estimated time it will take to process a request. Based on your description of the records you are seeking, we estimate completion of your request will be on or before November 17, 2016. Please note that we are estimating that completion will take more than 20 working days because we expect that we will have to: search for, collect, and appropriately examine a voluminous amount of records IZI consult with multiple program and/or regional offices within the NRC IZI consult with other Federal agencies having equities in the records refer records to a licensee, or other business submitter undertake a declassification review of classified records; or D retrieve records from Federal Records Centers or other off-site facilities. Please know that this date roughly estimates how long it will take us to close requests ahead of yours in the respective track and complete work on your request. The actual date of completion might be before or after this estimate, based on the complexity of all of the requests in the complex track. We will advise you of any change in the estimated time to complete your request. In an effort to process your request promptly, you may wish to narrow the scope of your request to limit the volume of potentially responsive records. For purposes of assessing fees in accordance with our regulations (10 CFR 9.33), we have placed your request in the following category: Non-Excepted. If applicable, you will be charged appropriate fees for: Search and Duplication of Records. Because you have indicated that you prefer to receive our response electronically, and since we already have retrieved copies of these records, you will not incur search fees or duplication charges.

                                            -   2 The following person is the Government Information Specialist who has been assigned responsibility for your request: Margo Stevens at 301-415-8148 or Margo.Stevens@nrc.gov.

If you have questions on any matters concerning your FOIA request, please feel free to contact the assigned Government Information Specialist or me at (301) 415-7169. Sincerely, Stephanie Blaney Acting FOIA Officer Office of the Chief Information Officer

NRC FORM "64 Part I U.S. NUCLEAR REGULATORY COMMISSION FOIA RESPONSE NUMBER (0l-2017)

                .r--* .....\.            RESPONSE TO FREEDOM OF                                       I     2017-0002 11 2

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                         ~;
               ~.....,.,..       INFORMATION ACT (FOIA) REQUEST                                       RESPONSE TYPE INTERIM 0    FINAL REQUESTER:                                                                                                                     DATE:

jLawrence Criscione DESCRIPTION OF REQUESTED RECORDS: II 04/18/2017 I Records corresponding to items 1 (MLI6216A707) and 3 (ML16244A008), as further explained in the Comments Section, below. PART I. - INFORMATION RELEASED You have the right to seek assistance from the NRC's FOIA Public Liaison. Contact information for t~e NRC's FOIA Public Liaison is available at httos:/Jwww,nr.c,gwJ.fil!diruli.rnLfoia/conw:H~l [ZJ 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 r(lferred 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. 0 Minimum fee threshold not met. II !I You will receive a refund for the amount listed. D not Due to our delayed response, you will

       *seeComment, for detalla            Fees waived.                                                       be charged fees.

PART 1.8 - INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE We did not locate any agency records responsive to your request. Note: Agencies may treat three discrete categories of law 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 appeal any of the responses we have issued in response to your request when we issue our final determination.. You mahiappeal this final determination within 90 calendar days of the date of this response fA.R~~~in~ letter or e-mail to the FOIA O Icer, at U.S. Nuclear Regulatory Commission, Washington, D.C. 20555-0001, or£Q ur .~ . Q Y . Please be 0 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 hllR§;i[Qgj~&r:.ciloca.99.ll(.abq_\!1:Qsifil.c.o.n.ta.ci:i.llfQrm.a.lionJrun PART I.C COMMENTS ( Use attached Comments continuation page if required) This interim response addresses the final two records ( or gr oups of recor ds) enumerated in your request. Please note that, since the date of your request, these records have been removed from ADAMS. However, because th e NRC was able to locate the records by their accessi on numbers when your request was received, we have processed the r ecor ds. [conti nued on next page] sSignature* Freedom of lnfonnatlon Act Officer or Dealanee h . A Bl tep anie . aney ~-=-:~~,,_,,_ ......._,.., 0N:~...U.s.o--. . - . ~....... ~~ ..--c- I!ooc; NRR, RES Distribution I OFFICE ACTION OFFICER FOIA OFFICER OGC PUBLIC ADAMS NAME Ml Stevens SA Blaney DATE 0-4/18/2017 04/18/2017 NON-PUBLIC ADAMS NRC Form 464 Part I (03-2017) Page 1 of 3

NRC FORM 484 Part I U.S. NUCLEAR REGULA TORY COMMISSION FOIA RESPONSE NUMBER (03-2017) RESPONSE TO FREEDOM OF INFORMATION I 2017-0002 11 2 I ACT (FOIA) REQUEST Continued RESPONSE TYPE INTERIM 0 FINAL REQUESTER: DATE: !Lawrence Criscione 11 04/18/2017 I PART I.C COMMENTS (Continued) The record responsive to item l of your request consists of a June I 0, 2013 email from you to various NRC staff and NTEU Chapter 208, which you then forwarded to Chairman Macfarlane and her Legal Assistant on June 13, 2013. We have enclosed a redacted version of this record; certain portions of the email have been redacted (consistent with the manner in which the slides you prepared for the 2014 FOIA Public Meeting were redacted during the processing of FOIA-2015-0018 and FOTA-2015-0019), and the attachment withheld in its entirety, on the basis of exemption 5, as it incorporates the deliberative process privilege. The attachment was previously denied to you in FOIA-2015-0020. Please note that, since these previous determinations were made a few years ago, the NRC did revisit them, deciding that the redactions remained appropriate at this time. The record responsive to item 3 consists of an email from you to Commissioner Ostendorff, in which you forwarded an email exchange you had had with another NRC staff member and attached several other records. This email and attached records were previously released in part as MLl5128A610; we have revisited the material that had been redacted pursuant to exemption 5 as it incorporates the deliberative process privilege and determined these portions may now be released. We continue to assert exemption 6 for a eel I # of another NRC staff member. The record, with restored text, is enclosed. The November 14, 2012 letter to Senator Boxer is also enclosed with your PU restored. NRC Form 464 Part I (03-2017) Page 3 of 3

NRC FORM 45' Part U (03-2017) U.S. NUCLEAR REGULATORY COMMISSION FOIA I

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RESPONSE TO FREEDOM OF I 2017-0002#2

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                 ......                       INFORMATION ACT (FOIA) REQUEST                                                          DATE:

I 04/18/2017 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. 0 Exemption 2: The withheld Information relates solely to the Internal personnel rules end practices of NRC. 0 Exemption 3: The withheld Information Is speclfica14y 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 Fonner1y Restricted Data (42 U.S.C. 2161 -2165). Section 147 of the Atomic Energy Act, which prohibits the disclosure or Unclassified Safeguards Information (42 U.S.C. 2167). 41 U.S.C. 4702(b), which prohibits the disdosure 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) Indicated. The information is considered to be proprietary because ii concerns a licensee' s or applicant's physical protection or material control and accounting program for special nuclear material pursuant to 10CFR 2.390(d)(1). The Information Is considered to be another type or confidential business (proprietary) Information. IZJ 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. 0 Deliberative process privilege. Attorney work product privilege. [ZJ Attomey-cllent privilege. Exemption 6: The withheld Information from a penionnel, medical, or similar me, is exempted rrom public disclosure because Its disclosure would result in a clearly 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) Disclosure could reasonably be expected to Interfere with an open enforcement proceeding. (CJ Disclosure could reasonably be expected to constitute an unwarranted Invasion of personal privacy. (D) The information consists of names and other infonnation the dlsdosure or which could reasonably be expected to reveal identities or confidential sources. (E) Disclosure would reveal techniques and procedures for law enforcement lnveatigations 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 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 offlclal(s) listed below have made the determination to withhold certain information responsive to your request APP(LUTI! OFflC&AI.

DENYING OFFICIAL TITLE/OFFICE RECORDS DENIED !00 IECY IStephanie A. Blaney 11 FOIA Officer 11 third party PU (cell#) I 0 IBernice C. Ammon 11 Assistant General Collnscl (LC, L &. SP) 11 prcdecisional deliberations I D [Z] 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 EQ.IA..RnQY!C§.@DI..~.9.QY, Please be sure to Include on your letter or email that It Is a "FOIA Appeal." NRC Form 464 Part II (03-2017) Page 1 of 1

NRC FORM 464 Part I U.S. NUCLEAR REGULATORY COMMISSION FOIA RESPONSE NUMBER (12-2015)

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RESPONSE TO FREEDOM OF I 2017-0002 11 I I

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TYPE [Z] INTERIM FINAL REQUESTER: DATE:

 !Lawrence Criscione                                                                                                          MAA O7 20l7 11                         I DESCRIPTION OF REQUESTED RECORDS:

Records corresponding to items 2 (ML16216A713) and 4 (ML16236A018) of your request, as further explained in the Comments Section, below. PART I. - INFORMATION RELEASED Agency records subject to the request are already available 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 AMOUNT" II You wil,I be billed by NRC for the amount listed. 0 None. Minimum fee threshold not met.

        $   II
        'See Comments fo, details You will receive a refund for the amount listed.

Fees waived. PART 1.8 - INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE D We did not locate any agency records responsive to your request. Note: Agencies may treat three discrete categories of law enforcement and national security records as not subject to the FOIA ("exclusions"). 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. D You may appeal this final determi1nation within 30 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.Reso~@.nrc_...QQv. Please be sure to include on your letter or email that it is a "FOIA Appeal." PART I.C COMMENTS ( Use attached Comments continuation page if required) Jn confonnance with the FOIA Improvement Act of2016, the NRC is infonning you that you have the right to seek assistance from the NRC's FOIA Public Liaison. This interim response addresses two of the four recor ds enumerated in your request. Since the date of your reques t, these records have been removed from ADAMS. However, because the NRC was able to locate them by the accession numbers w hen your request was received, we h ave processed the records. [ continued on next page] SIGNATURE - FREEDOM OF INFORMATION ACT OFFICER DISTRIBUTION Ste_plianie A 'B{aney AJI I INRO;SECY I OFFICE t1CJ,ISJ~f,f!,CER FOIA OFFICE~(\ D'6C PUBLIC ADAMS NAME t-Yarg~tl¥em Stephanie B ~ /?/0 NON-PUBLIC ADAMS DATE 02mno11 0\7;.7 1; lo ( II I ' Paga 1 of 3 NRC Form 464 Part I (12-2015)

NRC FORM -464 Part I U.S. NUCLEAR REGULATORY COMMISSION FOIA RESPONSE NUMBER (12-2015) RESPONSE TO FREEDOM OF INFORMATION I 2017-0002 11 I I ACT (FOIA) REQUEST Continued RESPONSE TYPE 0 INTERIM FINAL REQUESTER: DATE: jLawrence Criscione 11 MAR O7 2017 I PART I.C COMMENTS (Continued) ML16216A713 is a copy of a FOIA request, FOIA-2013-0262, to which the requester attached a copy of a page from the Commission's 2d Quarter Operating Plan FY-2013 (which is ML I 3149A079). The 2d Quarter Operating Plan was the subject of prior FOIA requests, FOIA-2013-0261 , and its appeal, FOIA-2013-0021 A, and FOIA-2016-0117. The Plan was denied in full pursuant to FOIA exemption 5. A copy of the FOJA request letter is enclosed with this response; however, the one-page attachment from the 2d Quarter Operating Plan FY-2013 (ML13149A079) continues to be withheld under FOIA exemption 5. ML I 6236A0 18 is an email exchange between yourself and NRO staff, to which a red-lined draft of a "Style Sheet", including personal advice and recommendations about writing style by its author, was attached. This draft was not finalized, although it is similar to NUREG-1379 NRC Editorial Style Guide. It is also noted that the focus of the email exchange was a particular template NRO used to write reviews of post-Fukushima Recommendation 2 .1 Flood Hazard Reevaluation Reports, which is different altogether from the red-lined draft you had attached to your email. A copy of the email exchange is enclosed. NRC Form 464 Part I (12-2015) Pagel of 3

NRC FORM 464 Part II U.S. NUCLEAR REGULATORY COMMISSION FOIA (12-2015)

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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 classified pursuant to an Executive Order protecting national security Information. D Exemption 2: The withheld Information relates solely to the lntemal personnel I\Jles and practices of NRC. 0 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 (2 U.S.C. 2161-2165). Section 147 of the Atomic Energy Act, which prohibits the disclosure ofUnclassifled 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 0 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) 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.JgQ(d)(1). The information Is considered to be another type or confidential business (proprietary) Information. [ZJ The information was submitted by a foreign source and received In confidence pursuant to 10CFR 2.390(d)(2). Exemption 5: The withheld information oonslsts of interagency or intraagency records that are normally privileged in civil litigation. 0 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. (Al 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. (0) 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 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 AHfUAff 0,flCIAI. DENYING OFFICIAL TITLE/OFFICE RECORDS DENIED EDO SECY IStephanie A. Blaney 11FOIA Officer 11 MLl6236A018 I 0 IRochelle Bavol 11 Executive Assistant to SECY to the COMM 11MLl3149A079 (2d Q Operating Plan FY\3 I 0 11 I Appeals must be made In writing within 30 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." NRC Form 464 Part II (12-2015) Page 1 of 1
FOIA REFERRAL & PACKAGE ROUTING SLIP Date:
- - - - - - - FOIA- 2017-0002 Response#_1.,__ __
Ty~of Action Item: FOIA Referral FOIA Response Package for Concurrence D FOIA Response Package for Signature How to be Delivered: [{)walk Around 0Fax To Whom Delivered: B OE OIG [lpGc
~rogram Office FOIA Coordinator:- - - - - - - - - - -
Other Instructions: This is one of the group of FOIA requests for records that an RES staffer had added to ADAMS; Lisa Clark has been providing us with legal support. Please refer to the Background Section for additional guidance in reviewing this package. FOIA Caseworker & Phone#: Margo Stevens, 415-8148 Rev. 12/1 4
2017-0002#1 Note to OGC Reviewer This interim response addresses two of the four documents at issue in this particular request. To find them in FOIAXpress, please make the following selections:
/2017 File Drawer
/ :FOIA-2016-0731(MLS)" Folder "Same Docs as 2017-0002" Section Pages 5-69.
From: Stevens, Margo Sent: Friday, October 14, 2016 6:30 AM To: FOIAPASECY Resource
Subject:
RE: FOIA/PA-2016-00725 - SECY Response Thank you. Will note for our files. I will close out this tasking .
.'Mar130 L. Stevens fOIJl .'Ana.lyst/'Ieam Leader (C:onlraclor)
OCIO/CS1)/J"'PI'B
'll.S..'Ninie.a.r '1<.e[lufotory Co-mmission 1154 5 1<.ocli.viOe 'Pike, :Ma:i(Sto_p 'T-2}"7 1{oc~vf((e, .'Maryla.na 208.55 Tefopli.one #: {:-wt) 4t5-8z48 From: FOIAPASECY Resource Sent: Thursday, October 13, 2016 3:39 PM To: FOIA Resource <FOIA.Resource@nrc.gov>
Cc: Stevens, Margo <Margo.Stevens@nrc.gov>; Bates, Andrew <Andrew.Bates@nrc.gov>; Lewis, Antoinette <Antoinette.Lewis@nrc.gov>; Craver, Patti <Patti.Craver@nrc.gov>; Mccloskey, Bridin <Bridin.McCloskey@nrc.gov>; Bavol, Rochelle <Rochelle.Bavol@nrc.gov>
Subject:
FOIA/PA-2016-00725 - SECY Response Good Afternoon, Please see attached memo. The Commission determined that the record should be continued to be withheld in full - rEX. 5 Deliberative Process. The record will be retained in SECY's files. The harm statement is also attached. This closes SECY action.
Thanks, Kristy Kristy Remsburg Correspondence and Records Office of the Secretary U.S. Nuclear Regulatory Commission Office: 301-415-1667 From: Stevens, Margo [mailto:foia.resource@nrc.gov j Sent: Friday, September 23, 2016 8:25 AM To: FOIAPASECY Resource <FOIAPASECY.Resource@nrc.gov>
Cc: Stevens, Margo <Margo.Stevens@nrc.gov>
Subject:
FOIA/PA-2016-00725 Action Item/Instructions Search for Rec~rds in Perfected Request
Offices A~,igned Artion on September 23, 2016: SECY The requester has either agreed to pay the estimated fees, or has provided an advance payment. or there are no billable fees. The request is now considered "perfected." Please provide the Government Information Specialist, who is named below, with the responsive records on or before October 6, 2016, which is ten ( 10) working days from the date of this e-mail. The Government Information Specialist for this request is Margo Stevens, who can be reached at 30J-41S-8148 or Mar,:o.Stevenu.e_nr~ov. Note also that this same record has been requested in FOJA-2016-0731 from Lucas Hixson, Enfonnable. I will not be sending a separate tasking for it; if you need a copy of that request for your files, please let me know and I will send it to you. 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 responsive records, please let the assigned specialist know. The FOIA request should be processed in accordance with the standard instructions (llow to Respond to a FOIA Request) at ML16123Al64. NRC Fonn 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 challenging the adequacy of the search, please also have each member of your staff who conducts a search complete NRC Form S11 A, "Documentation of a FOIA Search," which is also available in the NRC Fonns 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 of the completed NRC Forms S11 A along with the NRC Form S11 you return to the assigned specialist. Alternatively, you may complete the NRC Form SI IA 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 performing adequate ADAMS searches if you have any difficulty 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 lo FOIA.Rcsoun:e'a 1nrc.gov. as well as the assigned specialisL Thank you. 2
NRC FORM 511 (11-2015) /' oJ--~* , \ U.S. NUCLEAR REGULATORY COMMISSION
?~ 1 ~ ' ....... .I PROGRAM OFFICE RESPONSE TO A FOIA REQUEST TO: Government Information Specialist F0IA, Privacy & Information IMargo Stevens Collections Branch (FPIB)
I FROM: F0IA Coordinator IKristy Remsburg, Office of the Secretary I
SUBJECT:
F0IA - I 2016-0725 I Section 1. Is this a partial or final response [Z] to this request? (Check only one). Section 2. DISCLOSURE RECOMMENDATION: How do you recommend the responsive records be handled? (Check all that apply). No records subject to the request. D Records already publicly available. Group Records to have ADAMS profile changed to public. Group [Z] Records to be released or withheld. Group A D Records that have to be referred. Group D Ongoing attached. investigation - NRC Form 656, Exemption 7(A) Certification, Note: An e-mail, with its attachment(s), is considered one record and should not be broken apart when you're assembling groups. 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 F0IA 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, F0IA 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 NRG 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.JJ_ov 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 n21 find that the information recommended to be withheld has been publicly released by the NRC. [ZJ Section 6. QIS~REIIONABY RELEASE/EOBSEEABLE HARM DETERMINATION: [Z] We are recommending that exemption 2 and/or exemption 5 be claimed for certain records (or information within records) and a particularized harm statement, signed by the Office Director or delegate, is attached. 0 We are making a discretionary release. Briefly describe the records (or information within records) for which such discretion was made. Group A - Record will be continued to be withheld in full - EX. 5 Deliberative Process. The record will be retained in SECY's files. NRC FORM 511 (11-2015) Page 1 of 2
NRCFORM 511 U.S. NUCLEAR REGULATORY COMMISSION (11-20151 PROGRAM OFFICE RESPONSE TO A FOIA REQUEST (Continued)
SUBJECT:
FOIA * ... I _________ 2_0 _ 16_-_0_ 72_5_ _ _ _ _ _ _ _ _1 Section 7. INCLUDE IN PUBLIC ADA.MS: 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? (Z]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, Including the exemption(s) that should be claimed. (Attach separate pages, if needed). NRC FORM 511 (11-2015) Page 2 of 2
(b)(5) From: Cook, Christopher Sent: Tuesday, January 10, 2017 5:25 PM To: NRO_FOIA Resource Cc: Correa, Yessie; Devlin-Gill, Stephanie; Jardaneh, Mahmoud; Spence, Jane; Campbell, Andy; Mills, Vivian
Subject:
RE: UPDATE (REVISED DUE DATE) ACTION (REFERRAL): FOIA/PA-2017-00002 - Review of Referred Records
Dear NRO FOIA Resouce:
As requested, I have reviewed ML16236A018. That document contains an email exchange where Mr. Criscione requests a particular template we use to write reviews of post-Fukushima Recommendation 2.1 Flood Hazard Reevaluation Reports. However, Mr Criscione's first email to me on this topic attached a document titled "Style Sheet ... ", which are pages 4 thru 59 of the ADAMS document. This 'Style Sheet" is not the template Mr. Criscione was looking for, which can be found at ML13218A150. The "Style Sheet" in ML16236A018 that Mr. Criscione attached is not relevant to Mr. Criscione's request and may be considered out-of-scope of the discussion. The "Style Sheet" is a draft document created by Mr. Mark McBride, who retired from the agency almost exactly a year ago. What he was working on is similar to NUREG-1379, NRC Editorial Style Guide, in scope and content. Mr. McBrides' draft document contains some personal advice and recommendations *regarding writing style. The document was not final at the time of Mr. McBride's retirement and no one has worked on this document since. As Mr. Criscione noted, the "Style Sheet" is full of tracked changes, mark-ups, etc. Therefore, I think that Exemption 5 (see ML060590485) regarding predicisional information may apply to pages 4 thru 59 of the PDF found at ML16236A018, since the official Style Guide of the NRC is NUREG-1379, Revision 2. As I mentioned earlier, the document that Mr. Criscione's initially requested can be found at ML13218A150. This is discussed in pages 1 thru 4 of the PDF found at ML16236A018. I have no concerns with release of pages 1 through 4 of the PDF found at ML16236A018. Please don't hesitate to contact me if you have any questions or concerns regarding my response. My contact information is contained below.
Regards, Christopher B. Cook, Ph.D., P.E.
Chief, Hydrology and Meteorology Branch 1 US NRC, Office of New Reactors (301) 415-6397 Christopher.Cook@nrc.gov From: NRO_FOIA Resource Sent: Friday, December 30, 2016 5:21 PM To: NRO_FOIA Resource <NRO_FOIA.Resource@nrc.gov>; Cook, Christopher <Christopher.Cook@nrc.gov> Cc: Correa, Yessie <Yessie.Correa@nrc.gov>; Devlin-Gill, Stephanie <Stephanie.Devlin-Gill@nrc.gov>; Jardaneh, Mahmoud <Mahmoud.Jardaneh@nrc.gov>; Spence, Jane <Jane.Spence@nrc.gov>
Subject:
UPDATE (REVISED DUE DATE) ACTION (REFERRAL): FOIA/PA-2O17-00002 - Review of Referred Records Please note correct due date is 1/11/17, NLT 3p.
From: NRO_FOIA Resource Sent: Friday, December 30, 2016 12:59 PM To: Cook, Christopher <Christopher.Cook@nrc.gov> Cc: NRO_ FOIA Resource <NRO FOIA.Resource@nrc.gov>; Correa, Yessie <Yessie.Correa@nrc.gov>; Devlin-Gill, Stephanie <Stephanie.Devlin-Gill@nrc.gov>; Jardaneh, Mahmoud <Mahmoud.Jardaneh@nrc.gov>; Spence, Jane <Jane.Spence@nrc.gov>
Subject:
ACTION (REFERRAL): FOIA/PA-2017-00002 - Review of Referred Records (Due: 1/8-11/17, by 3p) Importance: High ACTION : FOIA Referral
SUBJECT:
FOIA/PA-2017-0002 Due Date: Provide your response via e-mail to NRO_FOIA Resource by 1/9/171 NLT 3:00pm The action needing to be taken: ____ x_ 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 That above attached PDF labeled 'ML16236A018' (C. Cook 8/22/16 e-mail) requires your review and disclosure determination. The attachment to the e-mail is already an official record in ADAMS under public availability (see above pdf titled 'ADAMS report); so disclosure determination is not needed for t hat document. For reporting purposes, the time expended on estimates, search, and review should be charged to TAC ZFOOOO Attachments:
FOIA Referral

PDF of document (C. Cook 8/22/16 e-mail) to be reviewed for disclosure determination

NRC 496 - Report of Staff Resources

ADAMS Report (to show attachment to 8/22/16 e-mail is already publicly available)
NRO FOIA Team Yessie Correa - FOIA Coordinator - I* E-mail: Yessie.Correa@nrc.gov HOffice: (301} 415-65221 Anissa Coates - Backup FOIA Coordinator - I* E-mail: Anissa.Coates@nrc.gov I': Office: (301} 415-58121 2
The 1st attachment is the request, which is publicly available in ADAMS as ML20289A566. The 2nd attachment is a From: Kauffman Ljsa To: Bullin Steve record (as ultimately processed) Cc: Mitman Jeffrey addressed in responses to multiple
Subject:
FW: FOINPA-2017-00002 Action Item/Instructions Review of Referred Records requests, including interim response # 6 Date: Thursday, March 02, 2017 12:29:00 PM to your NRC-2018-000096. This Attachments: 2017-0002-r pdf Ferrante to Criscione email exchange part of MLJ 6244A008 pdf response is publicly available in ADAMS Pescrjption of the FQIA Exemptions used by the NBC docx as ML20288A416. foreseeable harm statement examples exemption 5 pd( Importance: High Good Afternoon, (b)(5) I am attaching a list of the FOIA Exemptions and sample harm statements for you to use in your review. If you believe a different NRR division should be assigned this review, please notify me immediately. Otherwise, your determination is due to me by March 15th . Please contact me if you have any questions. Thank you, Lisa Kauffman, FOIA Coordinator NRR/PMDA/ITIB 301-415-8199 FOIA CAC: ZFOOOO From: Stevens, Ma rgo [4] Sent: Thursday, March 02, 2017 12:00 PM To: RidsNrrMailCenter Resource Cc: Kauffman, Lisa ; Stevens, M argo
Subject:
FOIA/PA-2017-00002 Action Item/Instructions Review of Referred Records A referral for FOIA/PA-2017-00002 is being assigned to NRR on March 2, 2017. The due date is March 15, 2017, which is ten ( 10) working days from the date of this e-mail. This is one of the "grou " of FOIA re uests dealing_ with records that Mr. Criscione QJaced in ADAMS_, althou!!h the record bei n!! referred to vou has since been removed fo rm ADAMS. It is attached here. (b)(5) 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 determ ination/recommendation fo r each record that was identified by another office as a 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]. NRC Form 496, "Report of Staff Resources for Processing FOIA Request" is available in the RC Forms Library for your use. The Government Information Specialist for this request is Margo Stevens, who can be reached at 301-415-8148, or Margo.Stevens@nrc.gov. Thank you.
Description of the FOIA Exemptions used by the NRC Exemption 1 Exemption 1 protects national security information that is properly classified under the procedural and substantive requirements of the current Executive Order on classification. The current Executive Order is 13526. Proper classification markings are: Confidential, Secret, and Top Secret. Criteria:
Information meeting standards set forth by Executive Order to be kept secret in the interest of national defense or foreign pol icy, including information about Federal Government programs to safeguard nuclear materials or facilities, vulnerabilities or capabilities of systems, installations, infrastructures, projects, plans, or protection services relating to the national security, including defense against transnat1ional terrorism, if unauthorized disclosure of information could be expected to cause damage to national security that original classification authority is able to identify or describe

Information properly classified pursuant to Executive Order by designated classification authorities applying approved classification guidance to specific documents and marked accordingly

Information not in the public domain

Mosaic/compilation approach acceptable when compiled information reveals additional association that meets classification standards in Executive Order and is not otherwise revealed in individual items of information (see mosaic or compilation theory at the end of Exhibit 2 of this Handbook)
Examples of classified information:
Information pertaining to security of fuel cycle facilities possessing strategic quant ities of special nuclear material

Information about security systems (e.g., guards, alarms, duress codes, etc.) of certain facilities or activities that would aid an adversary in attacking a facility or mode of transportation

Foreign government information provided with an understanding or agreement that information is considered classified by the supplying foreign government Exemption 2
Protects information that is related solely to the internal personnel rules and practices of an agency. This exemption is limited only to issues of employee relations and human resources, such as hiring and firing, work rules and discipline, and compensation and benefits. (A foreseeable harm statement must be provided if applied). Criteria:
Internal information

Practices and rules only affecting agency personnel - not applicable to the public and not mission related

Human Resources or employee relations information, rules, or guides

No genuine and significant public interest Examples of information that may qualify for Exemption 2 protection:

Crediting plans (if the agency expects to use the plans again in the future)

Employee emergency exit procedures, shelter-in-place plans, and so on

Personnel security practices

Procedures for employee performance evaluations

Internal procedures for responding to employment-related complaints

Internal procedures guides

Internal publications

Employee bulletins or announcements

Concurrence chains

Leave practices

Parking rules Exemption 3 Protects information that has been specifically exempted from disclosure by other federal statutes. There are two categories of information that cab fall under this exemption. (1) The statute is an absolute prohibition on disclosure -- no agency discretion, or (2) The statute must establish particular criteria for withholding, or refers to particular types of matters that must be withheld .
Criteria:
Nondisclosure mandate must be contained in a Federal statute

General disclosure of information must be prohibited on the face of the statute, or by establishing particular criteria or reference to specific types of information to determine which information is within the scope of the statute's prohibition

Restricted Data, under Section 11 y. of the Atomic Energy Act, encompass information pertaining to design, manufacture, or utilization of atomic weapons, or the production or use of special nuclear material

Safeguards Information, under Section 147 of the Atomic Energy Act, encompasses information prescribed by regulation in 10 CFR Sections 73.2 and 73.21 (or by order) that specifically identifies a licensee's or applicant's detailed (1) security measures for the physical protection of special nuclear material; (2) security measures for the physical protection and location of certain plant equipment vital to the safety of a facility possessing nuclear materials subject to NRC jurisdiction; (3) the design features of the physical protection system; (4) operational procedures for the security organization; (5) improvements or upgrades to the security system; (6) vulnerabilities or weaknesses in the security measures or systems described above that have not yet been corrected; and (7) such other information as the Commission may designate by order or regulation upon making the necessary findings pursuant to Section 147. [Note: description augmented subject to Commission promulgation of final rule amending Part 73.]

Contractor proposals, under Section 253(m) of the National Defense Authorization Act for Fiscal Year 1997, encompass proposals submitted by a contractor in response to the requirements of a solicitation for competitive proposal Examples of information within mandatory prohibition against disclosure:

Restricted Data include technological details of uranium enrichment technologies (e.g.,
diffusion, centrifuge, laser-based enrichment) and technologies in certain defense systems, such as the navy nuclear program
Safeguards Information includes details from a licensee's physical security plan, such as number of guards, specific location of security equipment

Contractor proposals submitted by unsuccessful offerors in response to a solicitat ion

Contractor proposals submitted by the successful offeror in response to a solicitation not set forth or incorporated by reference in the contract Examples of information outside mandatory prohibition against disclosure:

Security measures for physical protection of facility in plain sight of public

Physical protection design details readily available to the public

Contractor proposals set forth or incorporated by reference in the contract 42 U.S.C. 2167 Safeguard information Sections 141 -145 of the AEA Restricted Data (RD) including RD classified at the Confidential (C/RD), Secret (S/RD), and Top secret (TS/RD) 6 U.S.C 133(a)( I)(A) Voluntary submitted critical infrastructure information 41 U.S.C. 253b(m)(l) Contracto r proposals not incorporated into contract Exemption 4 Prevents disclosure of trade secrets, as well as commercial or financial information received from a person that is considered privileged or confidentiall (often referred to as "proprietary information"). NRC generally considers the following information confidential commercial or financial information:
Criteria:
Information must originate outside the Federal Government

Information must be "confidential" within the meaning of the exemption

Disclosure would likely impair the Government's ability to obtain necessary information in the future or cause substantial competitive harm to the person who provided information, or disclosure could impair Government interests of compliance or program effectiveness Examples of information that may qualify for Exemption 4 protection:

Product manufacturing and design information

Nonpublic financial statements

Settlement agreements

Customer lists

Information submitted in confidence by a foreign source

Detailed plant security information, including licensee's control and accounting procedures for safeguarding licensed nuclear material, or detailed measures for the physical security of a licensed facility, particularly information that could facilitate attempts at sabotage, diversion of nuclear material, or other attacks detrimental to public health and safety

Information generated outside the Government revealing vulnerabilities of nuclear facilities or materials to theft or sabotage

Certain facility drawing details showing specific locations of equipment or materials within buildings

Private sector information the disclosure of which could reasonably jeopardize a Government security program's effectiveness Examples of information that would not qualify for Exemption 4 protection:

General information about a product's physical or performance characteristics or product formula

Financial information in a company's prospectus or annual report

General descriptions of safety-related systems in nuclear power plants, particularly where available in open-source literature or on Web sites accessible to the public

General information about workings of a nuclear power plant, such as that provided in licensing documents

Low-resolution drawings of plant site and adjacent areas For proprietary information submitted by a licensee or other business submitter, provide a copy of its affidavit supporting its request that the information be protected from public disclosure and the NRC's determination letter sent to the company.
In the absence of a supporting affidavit, provide records and submitter contact information to your office FOIA Coordinator, so that the coordinator can provide it to the FOIA specialist, who initiates contact with the submitter. Exemption 5 Protects inter-agency or intra-agency memorandums or letters which would not be available by law to a party other than an agency in litigation with the agency. The three privileges most often invoked under exemption 5 are the deliberative privilege, the attorney-client privilege, and the attorney work product privilege. (A foreseeable harm statement must be provided if applied) Criteria:
Communication must be internal to the Federal Government (within the agency or among Government agencies)

Reasonably segregable material not covered by the exemption must be disclosed

Deliberative process privilege covers material reflecting predecisional analysis, recommendation, or opinion on matters leading to final decision, but not purely factual information unless its disclosure would tend to reveal the nature of protected deliberations

Attorney-client privilege covers confidential facts related by the client to the attorney and legal opinions and communications between them concerning the consultation

Attorney work product privilege covers material prepared in contemplation of litigation, including administrative proceedings

A request could cover a draft containing preliminary recommendations. Such a record might be eligible for withholding under Exemption 5 because it contains analysis and recommendations that constituted part of a deliberative process, but that should not be the end of the agency's review. Rather, the age, content, and character of that particular draft should be reviewed in determining whether the agency reasonably foresees that disclosure would harm an interest protected by Exemption 5.
Examples of privileged material:
Portions of briefing papers or drafts of security-related or non-security-related documents

Security or non-security-related policy analyses and recommendations produced by agency employees

Analysis of agency's litigative risk in security-related or non-security-related hearings

Description of agency's legal strategy in proceeding on security-related or non-security-related matters

Normally records received from outside the agency cannot qualify except for records by external experts working as if they are an NRG employee Examples of material outside privilege:

Final agency decisions that expressly incorporate pre-decisional analysis

After-the-fact descriptions or explanations of agency policy or decision

Segregable facts from documents otherwise subject to deliberative process privilege Exemption 6 Protects information in personnel and medical files and similar files when disclosure would constitute a clearly unwarranted invasion of personal privacy. Living individuals have a privacy interest in not having agencies disseminate personal information about them.
Criteria:
Information must be about an individual

Balancing of publ ic interest versus the individual's privacy interest must be conducted

Information is located in a file other than an allegation or investigative file (also see Exemption 7(C) below)

Information is about or has an impact on a living person Examples of information that may qualify for Exemption 6 protection:

Social security numbers

Home address and telephone numbers

Personal cellular and pager numbers

Personal e-mail addresses

Dates of birth

Marital status

Non-job-related interests

Medical, financial information

Religious affiliation or reference to religious activities

Performance and disciplinary information Examples of information that may not qualify for Exemption 6 protection:

Information on deceased individuals, except in extreme cases where a living person would be offended by details

Information publicly available

Responses to Federal vacancy announcement rating factors for the selected individual

Federal employee position descriptions

Federal employee performance elements and standards Federal employee grade and salary information Exemption 7 Exemption 7: Protects information complied for a law enforcement purpose. Protects information if disclosure causes one or more of six different types of law enforcement harms:
Criteria:
Information compiled for law enforcement purposes to the extent production of records would jeopardize statutory protections, including information that, if disclosed, could reasonably be expected to interfere with enforcement proceeding (Exemption 7(A)), right to fair trial (Exemption 7(B)), right to be free from unwarranted invasions of privacy (Exemption 7(C)), protection of identity of confidential source (Exemption 7(0)), protection of law enforcement techniques and procedures where disclosure could risk circumvention of law (Exemption 7(E)) and to the extent disclosure could reasonably be expected to endanger life or physical security of any individual (Exemption 7(F))

Law enforcement activity must be fairly focused and not merely general monitoring to ensure compliance with legal requirements but may be civil, criminal, or administrative/regulatory in nature

Information located in the files of the Office of Investigations, the Office of the Inspector General, the Office of Enforcement, and the Office Allegation Coordinators Examples of qualifying law enforcement information:

Investigations focused on misconduct or potentially unlawful activity

Security-related or non-security-related information developed by the Office of Investigations used to determine whether enforcement action should be taken against a licensee

Security inspection or non-security inspection reports related to a focused investigation with information addressing whether there has been a possible violation of regulatory requirements

Allegations of security-related or non-security-related violations received from outside the agency and related analyses prepared by or for the Office of Enforcement to determine whether sanctions should be imposed against the violator Examples of non-qualifying law enforcement information:

Routine security or non-security inspection reports Examples of information that may qualify for Exemption 7(A) protection:

Information that could reasonably be expected to interfere with an open allegation

Information that could reasonably be expected to interfere with an open investigation in the Office of Investigations

Information that could reasonably be expected to interfere with an open investigation in the Office of the Inspector General information that could reasonably be expected to interfere with an ongoing enforcement action Examples of information that would not qualify for Exemption 7(A) protection:

Allegation, investigatory, or enforcement information on closed matters Examples of information that may qualify for Exemption 7(8) protection:

Rarely invoked, an application of Exemption 7(A) normally would protect defendants' interests just as well, as would Exemption 5, outside the context of law enforcement purposes

Records or information compiled for law enforcement purposes the disclosure of which would deprive a person of a right to a fair trial or an iimpartial adjudication Examples of information that would not qualify for Exemption 7(8) protection:

Records or information compiled for law enforcement purposes the disclosure of which might interfere with the fairness of the proceedings but no trial or adjudication is pending or truly imminent Examples of information that may qualify for Exemption 7(C) protection:

Personal information in closed allegation, investigatory, or enforcement files

See Exemption 6 for specific examples Examples of information that would not qualify for Exemption ?(C) protection:

Personal information located in files other than an allegation or investigative file Examples of information that may qualify for Exemption ?(D) protection:

Information that could reasonably be expected to disclose the identity of a confidential source

In certain cases, all information provided by a confidential source, whether the information itself could identify the source Examples of information that would not qualify for Exemption ?(D) protection:

Information pertaining to individuals who have not been granted confidentiality (no balancing of public interest)
Examples of information that may qualify for Exemption ?(E) protection:
Technique must not be well known to the public

Law enforcement guidelines (no legitimate public interest in disclosure of information that would assist in evasion of law or detection)
Examples of information that would not qualify for Exemption ?(E) protection:
Routine techniques Examples of information that may qualify for Exemption ?(F) protection:
Records or information compiled for law enforcement purposes the disclosure of which could endanger the life or physical safety of an individual or individuals, for instance, where necessary to protect an individual (or group of individuals) from possible harm by a requester who has threatened harm in the past Exemption 8 Exemption 8: Financial Institutions (Exemption not used by NRC)
Statutory description: Matters that are contained in or related to examination, operating, or condition reports prepared by, or on behalf of, or for the use of an agency responsible for the regulation or supervision of financial institutions Exemption 9 Exemption 9: Wells (Exemption not used by NRC) Statutory description: Geological and geophysical information and data, including maps, concerning wells Exclusions Whenever a request is made that involves access to records subject to Exemption 7(A), the agency may, during only such time as that circumstance continues, treat the records as not subject to the requirements of the FOIA when the following apply:
1. The investigation or proceeding involves a possible violation of criminal law and

2. There is reason to believe that-

a. The subject of the investigation or proceeding is not aware of its pendency and

b. Disclosure of the existence of the records could reasonably be expected to interfere with enforcement proceedings.
Mosaic or Compilation Theory
1. Under the FOIA, an agency is required to disclose any information that does not fall within one of the FOIA exemptions. However, some information, while seemingly suitable for public release on its own, can be extremely harmful when grouped with other information.
To provide protection from public disclosure of information that merits protection because of the context in which it is presented, the courts have sanctioned the use of the "mosaic" or "compilation" theory, which is explicitly recognized in the classification Executive Order 13526 that sets forth the standards for classifying national security information.
2. Compilations of items of information that are individually unclassified may be classified if the compiled information reveals an additional association or relationship that: (1) meets the standards for classification under this order; and (2) is not otherwise revealed in the individual items of information. "Compilation" means an aggregation of pre-existing unclassified items of information (Section 1.7(e) of Executive Order 13526).

3. Mosaic theory also is available to withhold information under any other FOIA exemption.

4. Criteria:

a. Mosaic theory applies to material that when aggregated and discussed in the context of other responsive information reveals other underlying facts, associations , or relationships that are protected

b. Protected information need not be compiled in a single document

c. Mosaic theory is not used to protect read ily available information, such as information in widely available publications or on Internet

d. Mosaic theory may be used for information considered practically obscure, such as information that was public in the past but is now relatively unavailable to the public

e. Information that has been wrongfully leaked and is not confirmed by the agency would not be considered publicly available

f. Conclusive proof of compromise or jeopardy of protected Mosaic theory is not used to limit release of information exactly the same as the agency already has disclosed, although material that is merely similar may be subject to protection.
Exemtpion 5 Harm Statement Samples
1. For all documents withheld under Exemption 5 as Deliberative/Predecisional/Attorney-Client Privilege:
I have determined that disclosure of these documents could result in harm to the agency, in that it would prematurely disclose preliminary views of staff prior to reaching a final agency decision and could thus create confusion as to the actual views or policy of the NRC.
2. The bracketed portions of the records contain known transpositional errors. Disclosure of the information would disclose incorrect uncorrected information and thereby confuse the public.

3. The bracketed portions of the record shows details of the internal NRC deliberative process and extent of NRC reviews. This communication is basis in part on non-public information from another Federal Agency concerning U.S. Government views of various countries and suppliers. Release of this information could have diplomatic repercussions.

4. The records relate to an ongoing NRC Special Inspection and draft problem investigation by the licensee. The records are predecisional in that they are currently being used to determine whether a violation occurred relating to a specific event at a nuclear power plant. Release of this predecisional information could harm NRC's ongoing Special Inspection information gathering and deliberative process.

5. The documents contain internal information which reflect predecisional analysis, recommendation or opinions on matters that will lead to a final NRC decision. The documents pertain to the ongoing review of 2.206 petition. The release of the documents could be taken out of context by members of the public since they do not convey the full extent of the NRC's staff's deliberations pertaining ot the review of the petition.

6. The doucments contain internal discussions that were not addressed in the publicly released report. The release of the doucments could lead to public confusion.

7. The record reflects opinions & recommendation on which the agency has not taken a final action. It is unclear whether the reasoning outlined in the doucment will form the basis for the final agency decision.

8. The type of doucment requested contains information that would disclose an individual licensee's implementation status of certain additional increased control measures, which supplement existing regulatory requirements in 10 CFR 20.1801 and 10 CFR 20.1802, to ensure adequate protection of, and minimize danger to, the public health and safety.
It is important to protect and minimize dissemination of such information that identified implementation status of receipents of these additional increased controls requirements because release of this type of information could reasonably be foreseen to identify licensees that may have possession of radioactive materials that are deemed to be attractive targets for malevolent use.
From: Kauffman Ljsa To: Weerakkody Su nil Subject : FW: FOIA/PA-2017-00002 Action Item/Instructions Review of Referred Records Date: Monday, March 27, 2017 9:11:00 AM Hi Sunil, How did you want to move along with this issue? We really need to wrap this one up. Is Mirela going to agree with the release?
Thanks, Lisa From: Kauffma n, Lisa Sent: Wednesday, March 22, 2017 7:29 AM To: Weerakkody, Su nil
Subject:
Fwd: FOIA/PA-2017-00002 Action Item/Instructions Review of Referred Records Begin Forwarded Message: From: "Stevens, Margo" <Margo.Stevens@nrc.gov>
Subject:
RE: FOIA/PA-2017-00002 Action Item/Instructions Review of Referred Records Date: 22 March 201 7 06:33 To: "Kauffman, Lisa" <Lisa Kauffman@nrc gov> Cc: "Blaney, Stephanie" <Stephanie.B!aney@nrc.gov> (b)(5) .Jvt.argo L Stevens J "OI.'A. .'A.na(ysl/'I'eam Lead'er (Contractor) OCIO/(j'I :MS/ Infonnatwn Services '.Brandi 11.S. :Nudear 'R.egu(alory Comm ission 11545 'R.ockvi((e Pike, Jvlai{Stoy '1-2]"7 'R.ocliv1{[e, Jvlary(ancf 20855 'I'e(eyfrone #: (301) 415-8148 From: Kauffman, Lisa
Sent: Tuesday, March 21, 2017 9:09 AM To: Stevens, Margo <Margo.Stevens@nrc.gov>
Subject:
FW: FOIA/PA-2017-00002 Action Item/Instructions Review of Referred Records Importance: High From: Weera kkody, Sunil Sent: Monday, March 20, 2017 5:42 PM To: Kauffma n, Lisa <Lisa Kauffman@nrc gov> Cc: Gavri las, Mirela <Mirela Gavri las@nrc gov>
Subject:
FW: FOIA/PA-2017-00002 Action Item/Instruct ions Review of Referred Records Importance: High Lisa, Apologize for the delay. I finally had an opportunity to consult with Mirela. I need somP. information before recommending to Mirela on how to proceed I (b)(5)
,unll LJ Weerakkody, Chief PRA Operations & Human Factors Branch Office of Nuclear Reactor Regulation Nuclear Regu latory Commission Address: Mail Stop 0-10 C-15, US NRC, Washington DC 20005-0001 Tel: 301-415-2870 From: Kauffma n, Lisa Sent: Tuesday, March 07, 2017 11:39 AM To: Mitman, Jeffrey <Jeffrey.Mjtman@nrc.gov>; Weerakkody, Sunil <SuniLWeerakkody@nrc.gov>
Subject:
RE: FOIA/PA-2017-00002 Action Item/Inst ructions Review of Referred Records (b)(5) Please let me know if you have any questions. Thanks, Lisa From: Mitman, Jeffrey Sent: Monday, March 06, 2017 11:05 AM To: Kauffma n, Lisa <Lisa Kauffman@nrc gov>; Ruffin, Steve <Steve Ruffin@nrc gov> Cc: Weerakkody, Su ni l <Su nil Weerakkody@nrc gov>
Subject:
RE: FOIA/PA-2017-00002 Action Item/Instructions Review of Referred Records Jeff Mitman Senior Reliability and Risk Analyst US NRC/NRR/DRA/APHB
From: Kauffman, Lisa Sent: Thursday, March 02, 2017 12:30 PM To: Ruffin, St eve <Steve.Ruffi11@nrc.gov> Cc: M itman, Jeffrey <Jeffrey.Mitman@nrc.gov>
Subject:
FW: FOIA/PA-2017-00002 Action Item/Instructions Review of Referred Records Importance: High Good Afternoon, The attached FOIA document review determination is being assigned to ORA. (b)(5) I am attaching a list of the FOIA Exemptions and sample harm statements for you to use in your review. If you believe a different NRR division should be assigned this review, please notify me immediately. Otherwise, your determination is due to me by March 15th . Please contact me if you have any questions. Thank you , Lisa Kauffman, FOIA Coordinator NRR/PMDA/ITIB 301-415-8199 FOIA CAC: ZF0000 From: Stevens, Margo [mailto *margo stevens@nrc gov] Sent: Thursday, March 02, 2017 12:00 PM To: Rids NrrMailCenter Resource <RidsNrrMai lCenter.Resource@nrc gov> Cc: Kauffman, Lisa <Lisa.Kauffman@nrc.gov>; Stevens, Margo <Margo.Stevens@nrc.gov>
Subject:
FOIA/PA-2017-00002 Action Item/Instructions Review of Referred Records A referral for FOIA/PA-2017-00002 is being assigned to NRR on March 2, 2017. The due date is March 15, 2017, which is ten (10) working days from the date of this e-mail. his is one of the "group" of FOIA re__guests dealing with records that Mr. Criscione Qlaced in ADAMS,
' ~ . ~ '
(b)(5) 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 that was identified by another office as a record for which your office is responsible and which is subject to this request; or Provide a disclosure de termination/recommendation for each record that was referred to the NRC for review or consultation by [insert name of other agency].
NRC Form 496, "Report of Staff Resources for Processing FOIA Req uest" is available in the RC Forms Library for your use. The Government Information Specialist fo r this request is Margo Stevens, who can be reached at 301-415-8148, or Margo.Stevens@nrc.gov. Thank you.
From: Kauffman Ljsa To: Weerakkody Su nil Subject : RE: Who would be an OGG lawyer who could help me with the issue that we discussed? Date: Monday, April 03, 2017 1:16:00 PM Hi Sunil, Can you tell me where we are with this? According to Margo we didn't wrap it up on Friday.
Thanks, Lisa From: Cla rk, M ichael Sent: Friday, March 31, 2017 10:51 AM To: Stevens, M argo; Weerakkody, Sun il Cc: Kauffman, Lisa
Subject:
RE: Who wou ld be an OGC lawyer who could help me with the issue that we discussed? Sunil and I just talked, and he's going to send something in writing for me to look at. I'll review it right away, and we should be able to wrap this up soon. Mike From: Stevens, Margo Sent: Friday, March 31, 2017 9:03 AM To: Weerakkody, Su ni l <Suni l.Weerakkody@n rc.gov> Cc: Clark, Michael <MjchaeLClark@nrc.gov>; Ka uffman, Lisa <Usa.Kauffman@nrc.gov>
Subject:
RE: Who wou ld be an OGC lawyer who could help me with the issue that w e discussed? Importance: High Good morning gentlemen. I was hoping to be in a position to complete FOIA-2017-0002, l(b)(5)
Margo L. Stevens J'OIJl Jlna[yst/'ream Lea,ler (Contractor)
OCJO/(j'LMS/Information Services 'Branen. 'lLS. Nudear 'Regulatory Commission 11545 1l..ocRvi<<e 'PtRe, Jvt.ai{ Stoy T'-2J'1 '.Rocfi:vi((e, Jvtary[ana 20855 're{eyfzone #: (.w1) 415-8148 From: Stevens, Ma rgo Sent: Wednesday, March 29, 2017 1:11 PM To: Weerakkody, Sunil <Sunil,Weerakkody@nrc gov> Cc: Clark, Michael <Michael Clark@nrc gov>
Subject:
RE: Who wou ld be an OGC lawyer who could help me w ith the issue that we discussed? Michael Clark is the Deputy Assistant General Counsel with whom we work most often. I would suggest reaching out to him. To give him a "flavor", I'm going to copy him on this string. Thanks.
Margo L. Stevens
]"OI.'A. .'A.na(ysl/'ream Lead"er (Contractor) OCIO/(j'.EJvt.S/Informatwn Serv1ces '.Brandi 'lLS. Nudear 1l..egu[atory Commission
11545 R.ockvi((e 'Pike, Jvt.ai{ Stoy T'-2)'7
'R.ockv1ffe, Jvt.aryCana 20855 T'efeyfione #: (301) 415-8148 From: Weerakkody, Sunil Sent: Wednesday, M arch 29, 2017 1:00 PM To: Stevens, M argo <Margo Steveos@nrc gov>
Subject:
RE: Who wou ld be an OGC lawyer who could hel p me w ith t he issue t hat we discussed? Margo, You answered my questions fully and satisfactorily. Thank vou ! (b)(5) Suni l D Weerakkody, Deputy Director (Acting) Division of Risk Assessment Office of Nuclear Reactor Regulation Nuclear Regu lat ory Comm ission Address: Mail Stop 0 -10 C-15, US NRC, Wash ington DC 20005-0001 Tel: 301-415-2870 From: Stevens, Ma rgo Se nt: Wednesday, M arch 29, 2017 12:49 PM To: Weerakkody, Su nil <Su oil Weerakkody@nrc gov>
Subject:
RE: Who wou ld be an OGC lawyer who could hel p me w ith t he issue t hat we discussed? Hi Sunil. I was hoping that our discussion would have resolved matters for you. Before suaaestjna an OGC lawyer. it would help me to better understand what you want to discuss l b)(5) j
Margo L Stevens J'OI.'A. .'A.na(yst/Team Lead"er (Contractor)
OCIO/(j'EJvt.S/Informalwn Services 'Brandi
'U.S. Nudear 'Regufatory Commission 11545 'Rockvi((e 1Jfke, Jvt.ai{Stoy T'-2J'7 1wckvi((e, Jvt.ary{ana 20855 Te(eyfione #: (301) 415-8148 From: Weerakkody, Sunil Se nt: Wednesday, M arch 29, 2017 11:53 AM To: Stevens, M argo <Margo Steveos@nrc gov>
Subject:
Who would be an OGC lawyer who could help me with the issue t hat we discussed? Sunil D Weerakkody, Deputy Director (Acting) Division of Risk Assessment Office of Nuclear Reactor Regulation Nuclear Regulatory Comm ission Address: Mail Stop 0-10 C-15-, US NRC, Wash ington DC 20005-0001 Tel: 301-415-2870
2017-0002#1 Note to OGC Reviewer This interim response addresses two of the four documents at issue in this particular request. To find them in FOIAXpress, please make the following selections: 2017 File Drawer "FOIA-2016-0731 (MLS)" Folder "Same Docs as 2017-0002" Section Pages 5-69.
personal record From: Stevens, Margo Sent: Wednesday, February 22, 201711:45 AM To: Clark, Lisa Cc: Danoff, Karen
Subject:
RE: FOINPA-2016-00731 Action Item/Instructions Review of Referred Records Jvtargo £. Stevens
fOl.'A .'A.na{yst/Team Leader (Contra.ctor)
Uc.10/fj'EMS/Inji*,rm.ation Services '.Bra.n.cfi
'li.S. :Nu.dear 1{eeu(atory Commission 115451{ocfvi{(e 'Pifi.e, :Ma.i(Stc~p T-2_'f7 1{ockviffe, :Ma.ryCana 20855 Te{eyfi.ane #: (301) 415-8148 From: Stevens, Margo Sent: Wednesday, February 22, 2017 9:22 AM To: Clark, Lisa <Lisa.Clark@nrc.gov>
Cc: Danoff, Karen <Karen.Danoff@nrc.gov>
Subject:
RE: FOIA/PA-2016-00731 Action Item/Instructions Review of Referred Records OK. This should close out matters then. (Yes, third parties = names of NRC staff in item 2). Thanks.
Margo £. Stevens 1*01..'A. .7mafyst/'I'ea:m f.ea.ae.r (Contractor)
OCIO/~i'E:.MS/Informa.tion Services 'Bra:ncli
'U.S.*Wucfi!ar 'ReguCa.tory Commission 11545 'Roc/.i:vifle 'Pili.e, :}(lai{Stoy T-2J'7
'.Rockvi{k, :J,tary{a.nd*20855 'I'e{eyFr.one #: (301) 415-8148 From: Clark, Lisa Sent: Wednesday, February 22, 2017 9:12 AM To: Stevens, Margo <Margo.Stevens@nrc.gov>
Subject:
RE: FOIA/PA-2016-00731 Action Item/Instructions Review of Referred Records
Margo, 1
(b)(5) Lisa From: Stevens, Margo Sent: Wednesday, February 22, 2017 6:35 AM To: Clark, Lisa <Lisa.Clark@nrc.gov> Cc: Danoff, Karen <Karen.Danoff@nrc.gov>
Subject:
RE: FOIA/PA-2016-00731 Action Item/Instructions Review of Referred Records Lisa, I do think there are a few other matters outstanding .... (b)(5)
Margo L. Stevens J'OI.'A .11.nalyst/'leam Leader (Contractor)
OCI<J/(j'E:.MS/Jnformation Services 'Brancfr. 2
*u.s. :Ni,dea.r 'Reaut:atory Commission 115451{ocfvitfe Pike, :Mai(Sto_p 'T-25'7 1{oc/ivi<<e, :M.ary{a:rui 20855 'J'depficrne #: (_w1) 4 15-8z48 From: Clark, Lisa Sent: Tuesday, February 21, 2017 4:26 PM To: Stevens, Margo <Margo .Stevens@nrc.gov>
Subject:
RE: FOIA/PA-2016-00731 Action Item/Instructions Review of Referred Records Margo, Thank you ~ r jd~ntjfyjng the EQIA responses I was lookjng for Based responses, . ,.!.(!__.)b_._(5....L_____________________.. I believe this closes out all of your or an additional review of FOIA requests; if not please let me know Lisa From: Stevens, Margo lmailto:margo.stevens@nrc.gov] Sent: Tuesday, January 10, 2017 12:14 PM To: OGC_FOIA_COORDINATOR Resource <OGC FOIA C00RDINAT0R.Resource@nrc.gov> Cc: Clark, Lisa <Lisa.Clark@nrc.gov>; Stevens, Margo <Margo.Stevens@nrc.gov>
Subject:
FOIA/PA-2016-00731 Action Item/Instructions Review of Referred Records A referral for FOIA/PA-2016-00731 is being assigned to OGC on January 10, 2017. The due date is .January 25,2017, which is ten (10) working days from the date of this e-mail. The Government Information Specialist for this request is Margo Stevens, who can be reached at 301-415-8148. or Mar_go.Stcvens1wnrc.~QY NRC Form 496, "Report of Staff Resources for Processing FOIA Request" is available in the NRC Forms Library for your use. This is somewhat ofa mi,ced tasking/unusual assignment. Lisa Clark and I spoke about it at a meeting we attended yesterday. (b)(5), (b)(6) 3
Due to limitations in FOIAXpress/Outlook integration, I will send the records referenced in 1-4, above, in a separate email directly to Lisa. But I wanted you to have this for ticketing,'tracking purposes. THank you. 4
- - - - - - - - - - - - - - - - - - - - - - - - ~The record attached (as ultimately processed) is From: already addressed in response to multiple requests, Stevens, Margo Sent: Wednesday, February 22, 2017 1:29 PM including interim response # 6 to your NRC-2018-To: Blaney, Stephanie 000096. This response is publicly available in
Subject:
ML16244A008 ADAMS as ML20288A416. Attachments: Ferrante to Criscione email exchange_part of ML16244A008.pdf Stephanie, this is one of the Criscione-related documents. It's a n issue in 2017-0002, among others in the group. (b)(5)
Margo L. Stevens

JOI.JI. .'Ana{yst/'Team. Lead:er (Contractor)
UCJO/<g'E:MS/Information Services 'Brandi 'U.S. :Nucfear 'Regufatory Commissi.on ll545 'llockviffe Yili.e, .'Mai{Stoy T'-2.r1 1{ock.vilfe, :Mary{and"20855 7'ef.eyfwne #: (301) 415-8148 1
From: Clark, Lisa Sent: Monday, January 23, 2017 3:59 PM To: Blaney, Stephanie; Danoff, Karen; Stevens, Margo Cc: Remsburg, Kristy
Subject:
FW: FOWPA-2016-00731 Action Item/Instructions Review of Referred Records Attachments: 2016-0731.pdf The attached request is publicly available in ADAMS as ML20294A139. All, The current status of OGC's review of the f9llowing tasking, concerning the OSC documents, is as follows: (b)(5), (b)(6) Thanks, Lisa From: Stevens, Margo [mailto:margo.stevens@nrc.gov) Sent: Tuesday, January 10, 2017 12:14 PM To: OGC_FOIA_COORDINATOR Resource <OGC_FOIA_COORDI NATOR.Resource@nrc.gov> Cc: Clark, Lisa <Lisa.Clark@nrc.gov>; Stevens, Margo <Margo.Stevens@nrc.gov>
Subject:
FOIA/PA-2016-00731 Action Item/Instructions Review of Referred Records A referral for FOIA/PA-2016-00731 is being assigned to OGC on January 10, 2017. The due date is January 2S, 2017, which is ten (10) working days from the date of this e-mail. The Government Information Specialist for this request is Margo Stevens, who can be reached at 301-415-8148. or Mru:!lod!J!.\~l1~ iffm:.go_y NRC Form 496, "Report ofStaff Resources for Processing FOIA Request" is available in the NRC Forms Library for your use. This is somewhat of a mixed tasking/unusual assignment. Lisa Clark and I spoke about it at a meeting we attended yesterday. (b)(5), (b)(6) 1
(b)(5) Due to limitations in FOIAXpress/Outlook integration, I will send the records referenced in 1-4, above, in a separate email directly to Lisa. But I wanted you to have this for ticketing/tracking purposes. Tl-lank you. 2
From: Stevens, Margo Sent: Wednesday, January 18, 2017 2:23 PM To: Clark, Lisa
Subject:
RE: FOIA/PA-2016-00731 Action Item/Instructions Review of Referred Records Thanks. This will make it easy.
Margo L Stevens

fOIJl Ana[yst/'I'eam Leader (Contractor)
OCIO/CS'Dl:f1)J'B
'l.l.S. :Nudea.r 'R.eguCatory C<nnmission 115451?.,ocR:vi((e 'Pdie, :Ma.ifSto_p '1-2]'7 'Rocf vi[fe, :Ma.rylaru{ 20855 Te(P:Plione #: (3oz) 415-8148 From: Clark, Lisa Sent: Wednesday, January 18, 2017 2:21 PM To: Stevens, Margo <Margo.Stevens@nrc.gov>
Subject:
FW: FOIA/PA-2016-00731 Action Item/Instructions Review of Referred Records Margo, In response to your request, the documents subject to the PEER lawsuit are identified below, Lisa From: Albert, M ichelle Sent: Wednesday, January 18, 2017 2:09 PM To: Averbach, Andrew <Andrew.Averbach@nrc.gov>; Clark, Lisa <lisa.Clark@nrc.gov>
Subject:
RE: FOIA/PA-2016-00731 Action Item/Instructions Review of Referred Records Everything is in ADAMS,J (b)(5) I Here is a link to the final response that was provided to PEER as part of the settlement: View ADAMS P8 Properties ML13340A658 Open ADAMS P8 Document CFOINPA-2013-0239 - Resp 3 - Final. l View ADAMS P8 Prope11ies ML13340Al 78 Open ADAMS P8 Docwnent (FOIA/PA-2013-0239-Resp 3 - Final. Groun C (Records Alreadv Avai]able in the PDR).) View ADAMS P8 Properties ML13340A179
Open ADAMS P8 Document tFOIA/PA-2013-0239 - Resp 3 - Final. ' Group D (Records Beinu Withheld in Part).) Here is a link to the letter that was provided to PEER as part of the settlement (which included a discretionary release of one of the documents referenced in the settlement): View ADAMS P8 Properties MLl3352A341 Open ADAMS P8 Document (Letter to Ms. Kit Douglass Providing Last Item Due as Pait of Settlement Agreement Reached in PEER v. NRC Case (Case No. 13-1248 cJDB)}.) (b)(5) Michelle D. Albert Senior Attorney I Office of the General Counsel Legal Counsel, Legislation, and Special Projects Division U.S. Nuclear Regulatory Commission * (301) 287-9259 I Michelle.Albert@nrc.gov 11 OPPlel;l(L u::,E 014LY * ;l('f'FORl4EY CLIEl4'F li'Rl1~1ILE6ED ll4PORM;l('FI014, ;l('Ff0Rl4[';' 't't'ORI( li'RODUC'F, ft1PW110Ft PFIEDE818I0P*18cL IPff9FthMTIOPI ... From: Averbach, Andrew Sent: Wednesday, January 18, 2017 1:40 PM To: Clark, Lisa <Lisa.Clark@nrc.gov> Cc: Albert, Michelle <Michelle.Albert@nrc.gov>
Subject:
RE: FOIA/PA-2016-00731 Action Item/Instructions Review of Referred Records From: Clark, Lisa Sent: Wednesday, January 18, 2017 1:31 PM To: Averbach, Andrew <Andrew.Averbach@nrc.gov>
Subject:
FW: FOIA/PA-2016-00731 Action Item/Instructions Review of Referred Records
Andrew, We are responding to a FOIA that includes a request for records pertaining to lawsuit 1: 13-cv-00942-RMC (PEER v . NRC). Accordingly, the FOIA office has requested the documents in the highlighted sentence below. Please note that our due date is January 25.
Thanks, Lisa From: Stevens, Margo .stevens@nrc.gov Sent: Tuesday, January 10, 2017 12:14 PM To: OGC_FOIA_COORDINATOR Resource <OGC FOIA COORDINATOR.Resource@nrc.gov> Cc: Clark, Lisa <Lisa.Clark@nrc.gov>; Stevens, Margo <Margo.Stevens@nrc.gov>
Subject:
FOIA/PA-2016-00731 Action Item/Instructions Review of Referred Records 2
1- referral/or FOlA/PA-2016-00731 is being assigned to OGC on January 10, 2017. The due date is January 25, 2017, which is ten ( I 0) working days from the date of this e-mail. The Government lnfonnalion Specialist for this request is Margo Stevens, who can be reached at 301-415-8148. or Mnr_o.Stcvc1151i:imr£.gm: NRC Form 496, "Report of Slllff Resources for Processing FOIA Request" is available in the NRC Forms Library for your use. This is somewhat of a mixed tasking/unusual assienment. Lisa Clark and I ~poke about it at II meetin& we attended yesterday. (b)(5), (b)(6) 3
From: Stevens, Margo <foia.resource@nrc.gov> Sent: Monday, October 03, 2016 9:02 AM To: LSCriscione@hotmail.com Cc: Stevens, Margo
Subject:
FOIA/PA-2017-00002 Acknowledgment Letter Attachments: FOIA-PA-2017-00002 Acknowledgment Letter.docx Acknowledgment letter signed by Stephanie Blaney, Acting FOlA Officer. No hard copy to follow. If you are unable to open the document, please let us know by return email (FOIA.Resource@nrc.gov) or call 301-415-7169. If you are interested in receiving information from the NRC FO[A program, subscribe to our distribution list.
UNITED STA TES NUCLEAR REGULATORY COMMISSION WASHINGTON, O.C. 20/i.~5-00111 October 3, 2016 FOIA/PA-2017-00002 Mr. Lawrence Criscione 1412 Dial Court Springfield, IL 62704
Dear Mr. Criscione:
We received your Freedom of Information Act (FOIA) request on October 3, 2016. Your request, which seeks access to four documents that you added to ADAMS, bearing ML#s 16216A707, 16216A713, 16244A008, and 16236A018, has been assigned the following reference number that you should use in any future communications with us about your request FOIA/PA-2017-00002. To ensure the most equitable treatment possible of all requesters, the NRC processes requests on a first-in, first-out basis, using a multiple track system based upon the estimated time it will take to process a request. Based on your description of the records you are seeking, we estimate completion of your request will be on or before November 1, 2016. Please know that this date roughly estimates how long it will take us to close requests ahead of yours in the respective track and complete work on your request. The actual date of completion might be before or after this estimate, based on the complexity of all of the requests in the simple track. We will advise you of any change in the estimated time to complete your request. In an effort to process your request promptly, you may wish to narrow the scope of your request to limit the volume of potentially responsive records. For purposes of assessing fees in accordance with our regulations (1 O CFR 9.33), we have placed your request in the following category: Non-Excepted. If applicable, you will be charged appropriate fees for: Search and Duplication of Records. Because you have indicated that you prefer to receive our response electronically, and since we already have retrieved copes of these records, you will not incur search fees or duplication charges.
2 The following person is the Government Information Specialist who has been assigned responsibility for your request: Margo Stevens at 301-415-8148 or Margo.Stevens@nrc.gov. If you have questions on any matters concerning your FOIA request, please feel free to contact the assigned Government Information Specialist or me at (301) 415-7169. Sincerely, Stephanie Blaney Acting FOIA Officer Office of the Chief Information Officer
From: Danoff, Karen Sent Wednesday, January 04, 2017 11:52 AM To: Littlejohn, Jennene Cc: Stevens, Margo; Dennis, Suzanne
Subject:
Can you send us a copy of the audio file at Ml16244A002? Hi Jennene, I am a FOIA specialist in the FOIA office in OCIO, and working with Margo on the 12 FOIA cases regarding the documents that L. Criscione placed into ADAMS. We've just discovered that we did not receive a copy of one of the OIG investigation audio files, ,i t was under ML16244A002, and only responsive to FOIA 2016-0780. We were told that you may still have access to these files. We no longer have access to this document in ADAMS. Can you email us a copy? If you can no longer access ML16244A002, please let us know who to contact.
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 1
NRC FORM 464 Part I U.S. NUCLEAR REGULATORY COMMISSION FOIA RESPONSE NUMBER I (12-21l15) I
*¥' .~. , ~ ~ \ '. RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST 2016-0785
RESPONSE
TYPE g' 11 INTERIM I FINAL REQUESTER: DATE:
!Lawrence Criscione DESCRIPTION OF REQUESTED RECORDS:
II 02/09/2017 I Records corresponding to ML J 6232A00 I, ML l 6242A343, and ML16242A344, as further explained in the Comments Section, below. PART I. - INFORMATION RELEASED Agency records subject to the request are already available 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 detennination and direct response to you. [Z] We are continuing to process your request. [Z] See Comments. PART I.A - FEES AMOUNT" II You will be billed by NRC for the amount listed. [Z] None. Minimum fee threshold not met. s 11
*see Comments fo, ~*taHs You will receive a refund for the amount listed. Fees waived.
PART I.B - INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE D enforcement We did not locate any agency re.cords responsive to your request. Note: Agencies may treat three discrete categories of law 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. 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. D the You may appeal this final determination within 30 calendar days of the date this response by sending a letter or email to of FOIA Officer, at U.S. Nuclear Regulatory Commission, Washington, D.C. 20555-0001, or FOIA.ReSQl.!rce@nrc.goy. Please be sure to include on your letter or email that it is a "FOIA Appeal."
PART I.C COMMENTS ( Use attached Comments continuation page If required)
In conformance with the FOIA Improvement Act of 2016, the NRC is informing you that you have the right to seek assistance from the NRC's FOIA Public Liaison. This interim response addresses the first and third records listed in your request (ML l 6232A00 I and ML I 6242A344). The two responsive records are enclosed, and are released in full. Since the date of your request, MLI6232A00I and ML16242A344 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. SIGNATURE
FREEDOM OF INFORMATION ACT OFFICER DISTRIBUTION lsteyfianie J\. '.B{aney IIREs I OFFICE ACTION Pf
,_ FICER FOIA OFFICER IO .,
PUBLIC ADAMS NAME
.u --A ~ens ~nie Blaney KD DATE - NON-PUBLIC ADAMS 02/09/2017 02/09/2017 NRC Form 464 Part I (12-2015) Page 1 of 2
RELEASED SET (ML16242A343) is in the G drive. It should be small enough to be emailed to the re*questers in FOIA-2016-0721 and 2016-0785.
REQUESTER: l-\ NRC FORM 464 Part I (03-2017)
~ ......rtj g RESPONSE TO FREEDOM OF U.S. NUCLEAR REGULATORY COMMISSION INFORMATION ACT (FOIA) REQUEST I
FOIA 2016- 0785
RESPONSE
TYPE 11 RESPONSE NUMBER INTERIM DATE: 0 2 FINAL I
!Lawrence Criscione DESCRIPTION OF REQUESTED RECORDS:
II 08/11/2017 I Records corresponding to MLI6232AOOI , MLl6242A343, and ML16242A344, as further explained in the Comments Section, below. 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 b.tlru;://www.n~ov/readinQ.:ml~ntact-foia.htm! D 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. 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. 0 Minimum fee threshold not met. II II You will receive a refund for the amount listed. D not Due to our delayed response, you will
*see Comments to< details Fees waived. be charged fees.
PART I.B-INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE D We did not locate any agency records responsive to your request. Note: Agencies may treat three discrete categories of law enforcement and national security records as not subject to the FOIA ("exclusions"). 5 U.S.C. 552(c). This is a standard notification given to all requesters; it should not be taken to mean that any excluded records do, or do not, exist. 0 We have withheld certain information pursuant to the FOIA exemptions described, and for the reasons stated, in Part II. Because this is an interim response to your request. you may not appeal at this time. We will notify you of your right to appeal any of the responses we have issued in response to your request when we Issue our final determination. You maki appeal this final determination within 90 calendar days of the date of this response by sending a letter or e-mail to the FOIA O ,cer, at U.S. Nuclear Regulatory Commission, Washington, D.C. 20555-0001, or FOIA.Resource@nrc.g!r,!. Please be [ZJ sure to include on your fetter 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 OG IS Is available at https://o_gis.archives._gQY/abol).1-o_gi~tact-information.btm PART I.C COMMENTS ( Use attached Comments continuation page if required) We provided an interim response to you, dated 02/09/2017, addressing the first and third records of this request. This final response addresses the second request, ML16242A343. ML16242A343 consists of several documents that you prepared. The first document is an email, dated September I 0, 2016, addressed to multiple NRC staff members in the Office of Nucl ear Regulatory Research (RES). A Ithough the email [ continued on next page] stepharne Signature - Freedom of lnfonnation Act Officer or Designee
. A Bl ..,...,_,,_____ . aney ::;~~:-.~~..-
I Distribution 0- ..ot.e
U l ~, -u.a, .,..._, 111..~ ~ l t11,~N"RO-lsEcv I OFFICE ACTION OFFICER FOIA OFFICER PUBLIC ADAMS NAME ML Stevens SA Blaney NON-PUBLIC ADAMS DATE 08/11/2017 08/11/2017 NRC Form 464 Part I (03-2017) Page 1 of3
NRC FORM 464 Part I U.S. NUCLEAR REGULATORY COMMISSION FOIA RESPONSE NUMBER (03-2017) RESPONSE TO FREEDOM OF INFORMATION I 2016-0785 II 2 I ACT (FOIA) REQUEST Continued RESPONSE INTERIM FINAL TYPE REQUESTER: DATE: jLawrence Criscione 11 08/11/2017 I PART I.C COMMENTS (Continued) indicates that there was a draft attachment, this record does not include the attachment. The second document is another email, dated September 9,2016, from you to a few of the same RES staff members, to which is attached five Forms 665 (ADAMS Document Submission). 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. NRC Form 464 Part I (03*2017) Page 3 of 3
NRC FORM 414 Part II U.S. NUCLEAR REGULATORY COMMISSION FOIA (03-2017) 9'°*"'kO"t., I 2016-0785 I
'~'¥' \ ......?j
RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST I
DATE: 08/11 /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)). D Exemption 1: The withheld Information is properly classlfled 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. D 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. 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) 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) infonmation. D The information was submitted by a foreign source and received in confidence pursuant to 10 CFR 2.390(d)(2). Exemption 5: The wtthheld information consists of interagency or lntraagency records that are nonmalty privileged In civil litigation. 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 pubfic disdosure because its disclosure would result 0 a In clearly 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 ,eason(s) indicated. 0 (A) Disclosure could reasonably be expected to interfere with an open enforcement proceeding. IZ] (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 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 offlclal(s) listed below have made the determination to withhold certain Information responsive to your request APPELL.AlE OfflCIAL DENYING OFFICIAL TITLE/OFFICE RECORDS DENIED EDO SECY IRochelle Bavol 1 1Exec Asst to the Secy to the Commission 11 third party PII; material pertaining {o ongoing I 0 11 I proceeding I 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 FOIA.Resource@nrc.gov. Please be sure to Include on your letter or email that it Is a "FOIA Appeal." NRC Form 464 Part II (03-2017) Page 1 of1
From: Remsburg Kristy To: stevens, Margo Cc: Blaney. Stephanie: Bayot. Rochelle: Bate:;. Andrew; Lewis. Antoinette: craver. Patti
Subject:
RE: FO[A 2016-0607/0664 - Referral package Date: Thursday, August 10, 2017 1:21:41 PM Hi Margo, I received the following from the Chairman's office shortly ago:
"In fight of Mr. Criscione signing a privacy waiver for the specific documents that are the
.subject of the FOIA request, the Chairman approves releasing the information that would otherwise be covered under FOIA Exemption 6." Thanks, Kristy Kristy Remsburg Correspondence and Records Office of the Secretory U.S. Nuclear Regulatory Commission Office: 301-415-1667 From: Stevens, Margo Sent: Thursday, August 10, 2017 12:08 PM To: Remsburg, Kristy <Kristy.Remsburg@nrc.gov>
Subject:
RE: FOIA 2016-0607/0664 - Referral package
M,11go L Ste ,*ens
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'f,1 f".JJ/io11, 1 : /: r_.w ,) 415-8 1..,_8 From: Remsburg, Kristy Sent: Wednesday, August 09, 2017 3:44 PM
To: FOIA Resource <FOIA Respurcecronrc.goy> Cc: Stevens, Margo <Margo.Stevens@nrc.gov>; Bates, Andrew <Andrew.Bates@nrc.gov>; Bavol, Rochelle <RocheUe.Bavol@nrc.gov>; Lewis, Antoinette <Antojnette.Lewjs@nrc.gov>; Craver, Patti <Patti Cravercrunrc 1;.ov>; Blaney, Stephanie <Stephanie.Blaney@nrc.gov>
Subject:
FOIA 2016-0607/0664 - Referral package Hi Margo, (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: Kral, Dawn <dkral@osc.gov> Sent: Wednesday, May 17, 2017 9:55 AM To: Stevens, Margo
Subject:
[External_Sender) OSC Request for Consultation #CF-17-0003 Re: NRC Consultation
#FO!IA-2016-0607 Attachments: Response Letter.pdf; NRC Consult Docs Redacted.pdf
Dear Margo,
Attached is OSC's response to the remainder of NRC's Request for FOIA Consultation to OSC. We assigned a new (OSC) case number to this one, being as we closed the other one out when we provided our earlier response and this one included new docs. If you have any questions, just let me know! With kind regards, Dawn R. Kral FOIA Public Liaison U.S. Office of Special Counsel Washington, D.C. (202) 254-3636 dkral@osc.gov Attachment 1
U.S. OFFICE OF SPECIAL COUNSEL 1736 M Street, N.W., Suite 218 Washington, D.C. 20036-4505 202-254-3600 May 17, 2017 Ms. Margo Stevens FOIA Analyst/Team Leader OCIO/CSD/FPIB U.S. Nuclear Regulatory Commission 11545 Rockville Pike, Mail Stop T-2F7 Rockville, Maryland 20855 Via Email at Margo.Stevensr@nrc.gov Re: Request for OSC Freedom of Information Act (FOIA) Consultation #CF-17-0003 (NRC Consultation #FOIA-2016-0607}
Dear Ms. Stevens:
I am writing in response to your above-subject Request for Consultation, in which you asked the U.S. Office of Special Counsel (OSC) to review and provide a determination on records containing OSC equities in response to several FOIA requests received by the U.S. Nuclear Regulatory Commission (NRC). OSC has reviewed the 156 pages of documents you included with your request for consultation in several emails, and has identified 85 pages that contain OSC equities. OSC requests that NRC withhold those equities pursuant to FOIA Exemptions (b)(6), (b)(7)(A) and (b)(7)(C). As an attachment to this email, we are returning the documents we have reviewed, with OSC's redactions and notations made on the appropriate pages (1-2, 4, 6-7, 9-10, 12, 14-15, 17-20, 22, 25-30 and 98). OSC also asks that NRC withhold one 63-page document (pages 3 1 through 93) in its entirety in accordance with the aforementioned Exemptions. Thank you for the opportunity to comment on these records. If you have any questions, please do not hesitate to contact me! With kind regards,
/s/
DawnR. Kral FOIA Public Liaison Attachment
From: Stevens, Margo <foia.resource@nrc.gov> Sent: Friday, September 30, 2016 2:54 PM To: LSCriscione@hotmail.com Cc: Stevens, Margo
Subject:
FOIA/PA-2016-00785 Acknowledgment Letter Attachments: FOIA-PA-2016-00785 Acknowledgment Letter.docx Acknowledgment letter signed by Stephanie Blaney, Acting FOIA Officer. No hard copy to follow. If you are unable to open the document, please let us know by return email (FOIA.Resource@nrc.gov) or call 301-415-7169. If you are interested in receiving information from the NRC FOIA program, subscribe to our distribution list. 1
UNITED ST A TES NUCLEAR REGULATORY COMMISSION WASIIINGTON, D.C. 20555-0001 September 30, 2016 FOIA/PA-2016-00785 Mr. Lawrence Criscione 1412 Dial Court Springfield, IL 62704
Dear Mr. Criscione:
We received your Freedom of Information Act (FOIA) request on September 30, 2016. Your request, which seeks access to three records identified by the ML# assigned to them when you added them to ADAMS, has been assigned the following reference number that you should use in any future communications with us about your request: FOIA/PA-2016-00785. To ensure the most equitable treatment possible of all requesters, the NRC processes requests on a first-in, first-out basis, using a multiple track system based upon the estimated time it will take to process a request. Based on your description of the records you are seeking, we estimate completion of your request will be on or before October 31 , 2016. Please know that this date roughly estimates how long it will take us to close requests ahead of yours in the respective track and complete work on your request. The actual date of completion might be before or after this e*stimate, based on the complexity of all of the requests in the simple track. We will advise you of any change in the estimated time to complete your request. In an effort to process your request promptly, you may wish to narrow the scope of your request to limit the volume of potentially responsive records. For purposes of assessing fees in accordance with our regulations (10 CFR 9.33), we have placed your request in the following category: Non-Excepted. If applicable, you will be charged appropriate fees for: Search and Duplication of Records. Because you have indicated that you prefer to receive our response electronically, and since we already have retrieved copies of the records, you will not incur duplication charges or search fees.
- 2 The following person is the Government Information Specialist who has been assigned responsibility for your request Margo Stevens at 301-415-8148 or Margo.Stevens@nrc.gov.
If you have questions on any matters concerning your FOIA request, please feel free to contact the assigned Government Information Specialist or me at (301) 415-7169. Sincerely, Stephanie Blaney Acting FOIA Officer Office of the Chief Information Officer
personal record (12-2015) NRC FORM 464 Part I (OIG)
\.~ ..... )
1, U.S. NUCLEAR REGULATORY COMM ISSION RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST I FOIA 2016-0780
RESPONSE
TYPE 11 RESPONSE NUMBER INTERIM I FINAL I REQUESTER: DATE:
!Lawrence Cr iscione 11 ~ 1 3 3>1Z I DESCRIPTION OF REQUESTED RECORDS:
Ten (10) enumerated documents, including what appears to be an ann otated, partial transcript of your mnierview conducted by OIG, and nine (9) mp3 audio clips created by you from an audio transcript of that same interview. PART I. - INFORMATION RELEASED Agency records subject to the request are already available in public ADAMS or on microfiche in the NRC Public Document Room. Agency records subject to the request are enclosed. Records subject to the request that contain information originated by or of interest to another Federal age111cy have been referred to that agency (see comments section) for a disclosure determination and direct response to you. We are continuing to process yo*ur request. 0 See Comments. PART I.A - FEES AMOUNT' II You will be billed by NRC for the amount listed. 0 None. Minimum fee threshold not met.
$ II *See Comments for de1aWs You will receive a refund for the amount listed.
Fees waived. PART I.B -- INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE D We did not locate any agency records responsive to your request. Note: Agencies may treat three discrete categories of law enforcement and national security records as not subject to the FOIA (exclusions"). 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. 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. [Z] You may appeal this final detem1ination within 30 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." PART I.C COMMENTS ( Use attached Comments continuation page If required) I n confonnance with the FOI A Improvement Act of 2016, the NRC is infonning you that: ( 1) you have the r ight to seek assistance from the NRC's FOIA Public Liaison; (2) you have the r ight to seek dispute resolution services from the NRC's FOIA Public Liai son or the Office of Government Infonnation Services; and (3) notwithstanding the language in Parts I.Band H.B of this fonn, you may appeal this final detennination withi n 90 cal endar days of the date of th is response by sending a l etter or email to the FOIA Officer, at U.S..Nuclear Regul atory Commission, Wash i ngton, D.C. 20555-0001 , or FOIA.Resource@nrc.gov. Please be sure to include on your l etter or email that it is a "FOIA Appeal." [continued on next page]
~ * -
uh~ r ASSISTANT INSPECTOR GENERAL FOR INVESTIGATIONS, OIG
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NRC Form 464 Part I (OIG) (12-2015) Page 2 of3
FOIA RESPONSE NUMBER I NRC FORM 464 Part I (OIG) U.S. NUCLEAR REGULATORY COMMISSION (12-201 5)
, - 16--07-80---,II ....... I RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST Continued RESPONSE INTERIM FINAL TYPE REQUESTER: DATE: !Lawrence Criscione 11 ~ 1 3 ~"
PART I.C COMMENTS (Continued) The NRC was able to locate these items by the ADAMS accession numbers when your request was received. Since the date of your request, however, these ten items have been removed froin ADAMS. Each of the items was determined to be a personal, rather than agency, record. As such, they are not subject to the FOIA. NRC fo,m 464 Part I (OIG) (12-2015) Page 3 of 3
NRC FORM 464 Part I (OIG) U.S. NUCLEAR REGULATORY COMMISSION FOIA RESPONSE NUMBER (12-2015)
;°'.... ~..~
RESPONSE TO FREEDOM OF I 2016-0780 1 I
'¥.\ ; . ....) INFORMATION ACT (FOIA) REQUEST RESPONSE 11 INTERIM FINAL TYPE REQUESTER: DATE:
jLawrence Criscione DESCRIPTION OF REQUESTED RECORDS: II JAN 1 3 *2011 I Ten (10) enumerated documents, i ncluding what appears to be an annotated, partial transcript of your interview conducted by OlG, and nine (9) mp3 audio clips created by you from an audio transcr ipt of that same interview. PART I. - INFORMATION RELEASED Agency records subject to the request are already available in public ADAMS or on microfiche in the NRC Public Document Room. 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. 0 See Comments. PART I.A - FEES AMOUNT*
$ II ii You will be billed by NRC for the amount listed.
0 None. Minimum fee threshold not met.
"See Convnenls for detaUs You will receive a refund for the amount listed. Fees waived.
PART 1.8 - INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE D enforcement We did not locate any agency records responsive to your request. Note: Agencies may treat three discrete categories of law 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. 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 detennination. 12] You may appeal this final determination within 30 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." PART I.C COMMENTS ( Use attached Comments continuation page if required) In confonnance with the FOIA Improvement Act of 20 16, the NRC is informing you th at: ( l ) you have the right to seek assistance from the NRC's FOI A Public Liaison; (2) you have the r ight to seek dispute resolution services from the NRC's FOIA Public Liaison or the Office of Government Information Services; and (3) notwithstanding the language in Parts LB and H .B of this form, you may appeal this final determination with in 90 calendar days of the date of this response by sending a letter or email to the FOIA Officer, at U.S. N u clear Regulatory Commission, Washington, D.C. 20555- 000 1, or FOIA.Resource@nr c.gov. Please be sure to i nclude on your letter or email that it is a "FOI A Appeal." [continued on next page]
~,naoilHF *ASSl<>tA,., ,nwr ~ v l ~ n ~~,.~* :AL FOR INVESTIGATIONS, OIG DISTRIBUTION
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I' I OFFICE ACTION OFFICER A -
- ,* .,,--* *c:::: PUBLIC ADAMS NAME (b)(6) -rr-v,._" // [ZJ NON-PUBLIC ADAMS DATE I I \11., l \\ 1 / 11)1--:
NRC Form 464 Pa~ I (OIG) 12-2d1s Page 1 of 3
NRC FORM 464 Part I (OIGI U.S. NUCLEAR REGULATORY COMMISSION FOIA RESPONSE NUMBER (12-2015) RESPONSE TO FREEDOM OF INFORMATION I 2016-0780 l======~======I 11 I I ACT (FOIA) REQUEST Continued
RESPONSE
INTERIM FINAL TYPE REQUESTER: DATE:
!Lawrence Criscione 11 ~ 1 3 201T PART I.C. COMMENTS (Continued)
The NRC was able to locate these items by the ADAMS accession numbers when your request was received. Since the date of your request, however, these ten items have been removed from ADAMS. Each of the items was determined to be a personal, rather than agency, record. As such, they are not subject to the FOIA. NRC Form 464 Part I (OIG) (12-2015) Page 3 of 3
FOIA REFERRAL & PACKAGE ROUTING SLIP Date: 111312017 FOIA- 2016-0780 Response# 1 (FINAL) Tyaof Action Item: FOIA Referral FOIA Response Package for Concurrence [Z] FOIA Response Package for Signature How to be Delivered: ({]walk Around 0Fax OEmail To Whom Delivered: B~~ B~o~ram Office F0IA Coordinator: Other Instructions: Apropos of our telephone calls of this date, it was agreed that all of the records are personal, not agency, records. FOIA Casewprker & Phone#:
*'f'WJt' r f - , ~
Margc:i'stevens, 415-8148 Rev. 12/14
personal record personal record personal record personal record From: Stevens, Margo <foia.resource@nrc.gov> Sent: Thursday, September 29, 2016 2:02 PM To: LSCriscione@hotmail.com Cc: Stevens, Margo
Subject:
FOIA/PA-2016-00780 Acknowledgment Letter Attachments: FOIA-PA-2016-00780 Acknowledgment Letter.docx Acknowledgment letter signed by Stephanie Blaney, Acting FOIA Officer. No hard copy to follow. If you are unable to open the document, please let tls know by return email (FOIA.Resource@nrc.gov) or call 301-415-7169. If you are interested in receiving information from the NRC FOIA program, subscribe to our distribution list. 1
UNITED STATES NUCLEAR REGULATORY COMMISSION WASIIINGTON, O.C. 205!15-0001 September 29, 2016 FOIA/PA-2016-00780 Mr. Lawrence Criscione 1412 Dial Court Springfield, IL 62704
Dear Mr. Criscione:
We received your Freedom of Information Act (FOIA) request on September 29, 2016. Your request, which seeks access to ten records, which you stated could be found ADAMS package ML16195A365, has been assigned the following reference number that you should use in any future communications with us about your request: FOIA/PA-2016-00780. To ensure the most equitable treatment possible of all requesters, the NRC processes requests on a first-in, first-out basis, using a multiple track system based upon the estimated time it will take to process a request. Based on your description of the records you are seeking, we estimate completion of your request will be on or before October 28, 2016. Please know that this date roughly estimates how long it will take us to close requests ahead of yours in the respective track and complete work on your request. The actual date of completion might be before or after this estimate, based on the complexity of all of the requests in the [simple] [complex] track. We will advise you of any change in the estimated time to complete your request. In an effort to process your request promptly, you may wish to narrow the scope of your request to limit the volume of potentially responsive records. For purposes of assessing fees in accordance with our regulations (10 CFR 9.33), we have placed your request in the following category: Non-Excepted. If applicable, you will be charged appropriate fees for: Search and Duplication of Records. Since you have requested that we provide our response, including any released records, to you electronically, and the records are all centrally located, we do not expect you to incur any fees in the processing of this request. A sheet has been enclosed that explains in detail the fee charges that may be applicable. Please do not submit any payment unless we notify you to do so.
The following person is the Government Information Specialist who has been assigned responsibility for your request: Margo Stevens at 301-415-8148 or Margo.Stevens@nrc.gov. If you have questions on any matters concerning your FOIA request, please feel free to contact the assigned Government Information Specialist or me at (301) 415-7169. Sincerely, Ste:p~13~ lw Stephanie Blaney Acting FOIA Officer Office of the Chief Information Officer
Enclosures:
Explanation of Fees
EXPLANATION OF FEES Requester Ftt Categories Commercial : Fees are charged for document search duplication and review. when records are requested for commercial purposes. Fees (above the minimum fee charge) cannot be waived for this category of requester. Educational, Non-Commercial Scientific, News Media and Privacy Act: Fees may be charged only for document dupUcation when records are not sought for commercial use and the request is made by an Educational or Non-Commercial Scientific Institution, whose purpose is scholarly or scientific research; or a Representative of the News Media; or a person requesting his/her own records that are in a Privacy Act system of records. No fee is charged for the first one hundred pages of duplication for this category of requester. Non-Excepted: For any request not described above (Non-Excepted), fees may be charged for document search and duplication. No fee is charged for the first two hours of search time or for the first one hundred pages of duplication for this category of requester. Fee Schedules Fee schedules provide only for the recovery of the direct costs of search, duplication, or review. Review costs include only the costs for initial examination of a document to determine whether it must be disclosed and to determine whether to withhold portions that are exempt from disclosure. The fee schedule Is as follows: Search & Review Conducted By .Bill
! SES/COMMISSIONER $90.53/hour (ES-maximum) ! PROFESSIONAL $56. 36/hour (GG-13, Step 6) ! CLERICAL $25. 16/hour (GG-7, Step 7)
OUl,!lication Chj!rges S.20 per page Fees for non-standard search or duplication will be charged at the actual cost (e.g. providing copying of audio tapes or conducting computer searches). Minimum Fee: No fee will be charged unless the fee is equal to or greater than $25.00. When to Pay Fees lfwe estimate that fees will not exoeed $25.00 or you have stated in your request a higher amount that you are willing to pay, we assume your willingness to pay up to $25 or the amount stipulated and you will be billed after we have completed your request. If we estimate that fees will exceed $25.00 or any amount that has been stated by you in your request, we will not proceed with your request until we have notified you and obtained your agreement to pay the estimated fees. lfwe estimate fees will exceed $250, you will be required to pay the estimated fees In advance before we proceed further with your request. If, while processing your request, we find that the actual fees exceed the estimated fee, we will obtain your consent to pay the additional fees before continuing to process your request. If the actual fees to process your request are less than any advance payment you have made, you will be refunded the overpayment amount. Fee Waivers A waiver or reduction of fees may be granted for furnishing documents if a requester, by fully addressing the eight factors in 10 CFR 9.41, clearly demonstrates that disclosure of the information is in the public interest because it is likely to contribute signlficantly to public understanding of the operations or activities of the govemment and is not primarily In the commercial interest of the requester.
From: Admin, Admin <foia.resource@nrc.gov> Sent: Thursday, September 29, 2016 11:31 AM To: Stevens, Margo
Subject:
Request Assignment Details Request Number: FOIA/PA-2016-00780 Request Type : FOIA/PA Requested By : Criscione, Lawrence Requested Date: September 29, 2016 Primary User : Margo Stevens Notes : 1
NRC FORM 484 Part I U.S. NUCLEAR REGULATORY COMMISSION FOIA RESPONSE NUMBER I I (03-2017) RESPONSE TO FREEDOM OF 2016-0725 2
, ~'.\i 11 ; rt.: \:: ..... .I INFORMATION ACT (FOIA) REQUEST RESPONSE TYPE INTERIM 0 FINAL REQUESTER: DATE: !Lawrence Criscione 11 03/ 17/2017 I
DESCRIPTION OF REQUESTED RECORDS: Records corresponding to items l (MU 00271591 ), 2 (ML I 00780084), 3 (ML1029 I 0480), 4 (MLI I 0740482), 5 (MLI 12430114), 7 (ML13063Al JO), and 13 (ML15356Al58) of your request, as further expl ained in the Comments Section, below. PART I. - INFORMATION R ELEASED You have the right to seek assistance from the NRC's FOIA Public Liaison. Contact information for the NRC's FQIIA Public Liaison is available at htt~ ://www.nrc.gov/reading-rm/foia/contact-foia.html [Z] 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 beeri referred to that agency (see comments section) for a disclosure determination and direct response to you. 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. 0 Minimum fee threshold not met. II ll You will receive a refund for the amount listed. D Due to our delayed response, you will
' Soe Comments for details Fees waived. not be charged fees.
PART I.B - INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE D enforcement We did not locate any agency records responsive to your request. Note: Agencies may treat three discrete categories of law 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 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@nr_c.gov. Please be IZJ NRC's 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 Public Liaison, or the Office of Government Information Services (OGIS). Contact information for OGIS is available at httPs:1/osi§...archi~ ov/a~t-Qgifil_con~rmatio.n.htm *
PART I.C COMMENTS ( Use attached Comments continuation page if required)
As you are aware, the records addressed in this final response have been the subject or one or more prior FOIA requests. Due to the passage of time, we have revisited our prior redactions and, as reflected herein, have made determinations to restore some previously redacted content. ML100271S91 (item l) and ML! 029 10480 (item 3) are now publicly avai lable in their entirety. [ continued on next page] Signature - Freedom of lnfonnatlon Act Officer or Oeslgnee Distribution I INRO; NRR; RES I OFFICE ACTION OFFICER FOIA OFFICER OGC NAME ML Stevens ~ A BlaneyKl) J Suttenberg PUBLIC ADAMS DATE 03/01/2017 03/01/2017 03/18/2017 NON-PUBLIC ADAMS NRC Form 464 Part I (03-2017) Page 1 of 3
NRC FORM -'64 Part I U.S. NUCLEAR REGULATORY COMMISSION FOIA RESPONSE NUMBER (03-2017) RESPONSE TO FREEDOM OF INFORMATION 1 2016-0725 II 2 ACT (FOIA) REQUEST Continued RESPONSE I l TYPE INTERIM FINAL REQUESTER: DATE: jLawrence Criscione 03/17/2017 11 PART I.C COMMENTS (Continued) With respect to ML100780084 (item 2), we have made no changes to the publicly available version of the Generic Failure Rate Evaluation for Jocassee Dam Risk Analysis, which is ML13039A084. The only redaction is the cross-section diagram of the Jocassee Dam, which continues to be withheld on the basis of exemption 7F. MLI I 0740482 and MLI 12430114 (items 4 and 5) are preliminary and final versions of the Screening Analysis Report for the Proposed Generic Issue on Flooding ofNuclear Power Plant Sites Following Upstream Dam Failures, respectively. We have made no changes to the publicly available versions of these reports, which are MLl 3256A369 and ML14017A114, respectively. These redacted portions continue to be withheld on the basis of exemption 7F. ML13063A110 (item 7) is an options paper that was the subject of a FOIA request you submitted last year, FOIA-2016-0071 #4. We continue to assert exemption 5, as it incorporates the deliberative process privilege, for the options that were not chosen by the decision-maker. Finally, ML 15356A I 58 (item 13) is a Staff Assessment that was the subject of a prior FOJA request, FOIA-2016-045 1. Certain previously redacted text in the publicly available version (ML! 6273A 128) has now been restored to this document; a copy of the newly redacted document is enclosed. We continue to assert exemption 7F for the portions of this document that we continue to withhold. NRC Form 464 Part I (03-2017) Page 3 of 3
NRC FORM 464 Part II U.S. NUCLEAR REGULATORY COMMISSION FOIA (0~2017)
~¥.:..
oJ**IIIO~
;\, i 1' RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST IDATE:
2016-0725#2 I I 03/ 17/2017 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 property 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, 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 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) Indicated. The information is considered to be proprietary because it concerns a licens~*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. [Z] 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. 0 Deliberative process privilege. Attorney work product privilege. D Attorney-client privilege. Exemption 6: The withheld information from a personnel, medical, or similar file, Is exempted from pubUc 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. (0) The Information consists of names and other Information the disclosure of which could reasonably be expeded 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. 0 (F) Disclosure could reasonably be expected to endanger the life or physical safety of an individual. 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 APPEUATE OFFICIAL DENYING OFFICIAL TITLE/OFFICE RECORDS DENIED ECO SECY IStephanie A . Blaney 11 FOIA Officer 11 security-sensitive & deliberative infonnation I 0 11 I II I 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.g ov. Please be sure to include on your letter or email that it Is a "FOIA Appeal." NRC Form 464 Part II (03-2017) Page1of1
NRC FbRM 464 Part I U.S. NUCLEAR REGULATORY COMMISSION FOIA RESPONSE NUMBER . (12-2015) 11¥.,
.i'vt*'ft ; lj - u~.,.. & RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST I 2016-0725 11 I
I
RESPONSE
'<I.
TYPE [Z] INTERIM FINAL REQUESTER: DATE:
!Lawrence Criscione DESCRIPTION OF REQUESTED RECORDS:
11 02/23/2017 I Records corresponding to items 6 (MLl2335A059), 8 (ML13084A022), 9 (MLl3I49A079), 10 (ML132 I8Al 50), 11 (MLl4090A406), and 12 (MLI 4325A850) of your request, as further explained in the Comments Section, below. PART I. -INFORMATION RELEASED Agency records subject to the request are already available in public ADAMS or on microfiche in the NRC Public Document 0 Room. 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 AMOUNT* II
$ II You will be billed by NRC for the amount listed.
0 None. Minimum fee threshold not met.
*see Comments for delalls You will receive a refund for the amount listed. Fees waived.
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 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 30 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.Re~ urce@ r nvJ Please be sure to include on your letter or email that it is a "FOIA Appeal." PART I.C COMMENTS ( Use attached Comments continuation page if required) In conformance with the FOIA Improvement Act of20I6, the NRC is informing you that you have the right to seek assi stance from the NRC's FOIA Public Liaison. This interim response addresses 6 of the 13 records that are the subject of your request. ML12335A059 is an email exchange among NRR staff, which is already publicly available. [continued on next page] SIGNATURE* FREEDOM OF INFORMATION ACT OFFICER DISTRIBUTION lste_pfianie ..'A.. 'BCaney IINRO; NRR; OGC; SECY I OFFICE ACTION OFFICER FOIA OFFICER PUBLIC ADAMS NAME Margo Stevens Stephanie Blaney NON-PUBLIC ADAMS DATE 02/22/2017 02/23/2017 NRC Form 464 Part I (12-2015) Page 1 of 3
FOIA-2016-0725#2 (Final) Note for OGC Reviewer This is the second (and final) response to FOIA-2016-0725, which is one of the group of FOIA requests submitted by Larry Criscione and a few others for records of interest to Mr. Crlscione's pursuit of his whistleblower action before the Office of Special Counsel (OSC). This request asks for 13 records, all of which pre-existed the whistleblower matter, and all which were already in ADAMS, so the ML#s remain correct and they remain available in ADAMS. I b)(5)
(b)(5) I am available to answer any questions you may have. Thank you. Margo Stevens FOIA Analyst/Team Lead (contractor) February 28, 2017
From: Stevens, Margo Sent: Monday, September 26, 2016 11:37 AM To: Kauffman, Lisa
Subject:
RE: FOIA/PA-2016-00725 Action Item/Instructions Search for Records in Perfected Request yes J1-ta-fJJO L Ste,*ens IODl _:;.tna(yst/'Team L'cader (Contractor) OC!O/CS'D/TPI'.B
'll.S, .'N *J.clecn* 'ftl!.gufat ary Commission 115,ic; 1~ocli:vifle 'Pike, .'MaiLWop 7:zJ) '.Ro,_*kvill<', :J.laryland*:ws55 Tefopfi.one II: (:~01) 415-8148 From: Kauffman, Lisa Sent: Monday, September 26, 2016 11:35 AM To: Stevens, Margo <Margo.Stevens@nrc.gov>
Subject:
RE: FOIA/PA-2016-00725 Action Item/Instructions Search for Records in Perfected Request Hi Margo, Just following up. Is this one now Closed? Lisa From: Stevens, Margo Sent: Thursday, September 22, 2016 10:37 AM To: Kauffman, Lisa <Lisa.Kauffman@nrc.gov>
Subject:
RE: FOIA/PA-2016-00725 Action Item/Instructions Search for Records in Perfected Request Thanks, Lisa. I should be able to close you out as of today; I just need to "tie up any loose ends" by checking the 2016-0451 reference. !.Margo.£. Ste*vens J:OJJ\ .'Ana.lyst/'{eam Leader (Conl'racl'or) OCIO/CSV/TPf'B 'U.S. Nu.dear 'l<.egulator y Ccrmm.ission 1154:; 'Rockvi(fu 'Pili.e, :Mai( Slop 'r-2)"7 'l{vckvi[{e, :Mary lane{ 20855 . fe{eµlione #: (3(n) 4 15-8148
From: Kauffman, Lisa Sent: Thursday, September 22, 2016 10:26 AM To: Stevens, Margo <Margo.Stevens@nrc.gov>; FOIA Resource <FOIA.Resource@nrc.gov>
Subject:
RE: FOIA/PA-2016-00725 Action Item/Instructions Search for Records in Perfected Request Hi Margo, NRR's response is as follows: (b)(5) This is NRR's final response to FOIA 2016-00725.
Thanks, Lisa Lisa Kauffman, FOIA Coordinator NRR/PMDA/ITI B 301-415-8199 FOIA CAC: ZF0000 From: Stevens, Margo .resource@nrc.gov
Sent: Tuesday, September 20, 2016 12:08 PM To: NRO_FOIA Resource <NRO FOIA.Resource@nrc.gov>; RidsNrrMailCenter Resource <RidsNrrMailCenter.Resource@nrc.gov> Cc: Correa, Yessie <Yessie.Correa@nrc.gov>; Kauffman, Lisa <Lisa.Kauffman@nrc.gov>; Stevens, Margo <Margo.Stevens@nrc.gov>
Subject:
fOIA/PA-2016-00725 Action Item/Instructions Search for Records in Perfected Request Offices Assigned Action on September 20, 2016i NRO;NRR The requester has either agreed to pay the estimated fees, or has provided an advance payment, or there are no billable fees. The request is now considered "perfected." Please provide the Government information Specialist, who is named below, with the responsive records on or before October 3, 2016, which is ten (10) working days from the date ?fthis e-mail. The Government Information Specialist for this request is Margo Stevens, who can be reached at 301-415-8148 or Margo.Stevensfti*nr~.vov. (b)(5) The FOIA request should be processed in accordance with the standard instructions (How to Respond to a FOlA Request) at MLl6123A164. NRC Form 51 1, "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 ofan appeal challenging the adequacy of the search, please also have each member of your staff who 2
conducts a search complete NRC Fonn SI IA, "Documentation of a FOIA Search," which is also available in the NRC Fonns Library for your use. Please review these forms to ensure that an adequate, and consistent, search has been perfonned within your office. Then include copies of the completed NRC Fonns SI IA along with the NRC Fonn SI I you return to the assigned specialist. Alternatively, you may complete the NRC Fonn SI IA on behalf of your office, based upon the descriptions of searches provided to you by your ollice stall You arc encouraged to ask for assistance in perfonning adequate ADAMS searches if you have any difficulty doing a search. NRC Fonn 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 f.OIA.Resourceiii:nrc.gov, as well as the assigned specialist. Thank you. 3
From: Stevens, Margo To: Cook. Christopher Cc: Correa. Yessle: Devno-GIII Stephanie: Harvey Brad
Subject:
RE: FOIA/PA-2016-00ns Action Item/Instructions Review of Referred Reoords Date: Tuesday, January 31, 2017 6:12:00 AM Chris, again, I very much appreciate your responses to me. (b)(5)
. ~hll'f}t1 L S le 11 e 1*1.,
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<i( 'fO/(il.'h,f.vf /~er .\'('n*i1*('s&}'Ol.:l/'l'riv<A<'Y Bro11ch U.' .,..,,,<*f,,111 Rr*1111/;11nr~1 Ct>mmi)*1*i,1n ll_~-,5 'P.t>cl.tvt{h* PitJe . .'A/11i{ Stop I-'1.:,F,- ,,~1*1 l!vtffc, *,\/i:11 y1:11H(.w85s
(_-,;111),!.lj8l..;J8 From: Cook, Christopher Sent: Monday, January 30, 2017 5:08 PM To: Stevens, Margo <Margo.Stevens@nrc.gov> Cc: Correa, Yessie <Yessie.Correa@nrc.gov>; Devlin-Gill, Stephanie <Stephanie.Devlin-Gill@nrc.gov>; Harvey, Brad <Brad.Harvey@nrc.gov>
Subject:
RE: FOIA/PA-2016-00725 Action Item/Instructions Review of Referred Records
Dear Margo,
Glad I can be of assistance. (b)(5)
This closes my requested action on FOIA/PA-2016-00725. Also, I responded to FOIA-2016-00731 earlier today and closed all know actions. Therefore, I'm not aware of any outstanding FOIA actions at this time. However, feel free to contact me if you require any additional assistance.
Regards, Chris From: Stevens, Margo Sent: Monday, January 30, 2017 2:27 PM To: Cook, Christopher <Christopher Cook@nrc iPY>
Cc: Correa, Yessie <Yessje Correa@nrc gov>
Subject:
FW: FOIA/PA-2016-00725 Action Item/Instructions Review of Referred Records (b)(5) I certainly do appreciate your assistance!
*Mmgo L. ~len*ns T1. lf:l .'*lt1i1(11,t/Team L1*..i,.l~>r (Co11/n1tlorl
()( *w/(ii.A-f.i/'U~er .,c, vire.1,<:..J', JLl/-J>nv1.1ry li11l!lc /1 'I/'>. "f\f11ucu1 'Ji.c!J1.1ti1tnn1 ( '<>n11r11\ ~ion II: J, ,,,,,*f,*,ffr Pike, .',\/,.1i(~l/lj" rr:.2r;- g,,, f.z,*ill~. :./1-hlnJf,uu( .!0855 f, 1 /i'('honc ;,.._ (301) 415 81 JS From: Stevens, Margo [mailto*margo stevens@nrc.gov] Sent: Thursday, January 19, 2017 1:56 PM
To: NRO_FOIA Resource <NRO FOlA.Resource@nrc.gov> Cc: Correa, Yessie <Yessie.Correa@nrc.gov>: Kauffman, Lisa <Lisa.Kauffman@nrc.gov>; Warner, Deanna <Deanna.Warner@mc.gov>; Stevens, Margo <Margo.Stevens@orc.gov>
Subject:
FOIA/PA-2016-00725 Action Item/Instructions Review of Referred Records A referral for FOIA/PA-2016-00725 is being assigned to NRO on .Janary J9, 2017. The due date is February 2, 2017, which is ten (10) working days from the date of this e-mail. The action needing to be taken: (b)(5) I know you arc working on the earlier tasking (although with one less document to deal with given OGC's role). SO, I have given you a full l Odays to work with this one. NRC Form 496, "Report ofStaffResoUJ'ces for Processing FOIA Request" is available in the NRC Forms Library for your use. The Government Information Specialist for this request is Mari:o Stevens, who can be reached at 301-415-8148. or Mar"o s1,vcnsl(jmrc s,:ov. Thank you.
fa :J1L!/07~~ HLl/¥JJ() J/4 From: Cook, Christopher Sent: Monday, January 30, 2017 1:52 PM To: Stevens, Margo Cc: Correa, Yessie
Subject:
FOIA-2016-00731 Good afternoon Margo and Yessie, I was on work travel last week, and I came back to large number of emails pertaining to FOIA-2016-00731 In my first email, I had not yet found the email with the redacted version. Later in the day, I found the 17Mb attachment in my email from Yessie. At 1:14 PM on 1/27, I sent a second response, which included the 17Mb IT~)~;rment, "!. . lo that email I st, ted that (b_)(_5)_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ___, n a irec ory, you w1 in a I e name Re erra in FOIA-2016-0731 (and 2016-0725)2.msg", which contains the same 17Mb attachment (file=ML112430114_re-review 7F(compressed).pdf). Please let me know if there are other actions regarding FOIA-2016-00731. Chris From: Stevens, Margo Sent: Monday, January 30, 2017 12:31 PM To: Cook, Christopher <Christopher.Cook@nrc.gov> Cc: Correa, Yessie <Yessie.Correa@nrc.gov>
Subject:
FW: FOIA-2016-00731 Importance: High Good afternoon Chris. Yessie forwarded me your emails. (b)(5) Thanks. Jvlargo £. Stevens '{01.:t\ ;4..nalyst/'I'eu.m £.ea.der (Con.trac tor) 1
OCIO/(j l :MS/'User Serv ices&:fOJ.J\j1)rivacy 'Brandi
U.S. Ni,.cfoa:r 1?.e1:111.Lat"orv Com.mission 11,;.15 'l<od:vilfo 'Pil.i.c, .'Mai{ Stoy *1~2J'7 R.oc.:l.:.*vifl~, *rvra.ryumd w855

td~prinnc /1: (Wt) 415-8148 From: Correa, Yessie Sent: Monday, January 30, 201712:13 PM To: St evens, M argo <Margo.Stevens@nrc.gov>
Cc: NRO_FOIA Resource <NRO FOIA.Resource@nrc.gov>
Subject:
FOIA-2016-00731 Importance: High Good Afternoon Margo, Please see attached responses from Christopher Cook regarding the FOIA-2016-00731 , If you have any additional questions, please e-mail me. I am in training today and tomorrow but checking e-mails. Yessie 2
From: Cook, Christopher Sent: Friday, January 27, 2017 1:15 PM To: NRO_FOIA Resource; Correa, Yessie Cc: Devlin-Gill, Stephanie; Spence, Jane; Campbell, Andy
Subject:
RE: FOINPA-2016-00731 Action Item/Instructions Review of Referred Records Attachments: ML112430114_re-review 7F (compressed}.pdf
Dear NRO FOIA Resource,
I apologize for two emails, however I just located another emails on the subject FOIA in my inbox from Deanna Warner. That email contained the attached, which is a redacted version of ML112430114. Chris Christopher B. Cook, Ph.D., P.E. Chief, Hydrology and Meteorology Branch 1 US NRC, Office of New Reactors (301) 415-6397 Christopher.Cook@nrc.gov From: Cook, Christopher Sent: Friday, January 27, 2017 12:57 PM To: NRO_FOIA Resource <NRO_FOIA.Resource@nrc.gov>; Correa, Yessie <Yessie.Correa@nrc.gov> Cc: Devlin-Gill, Stephanie <Stephanie.Devlin-Gill@nrc.gov>; Spence, Jane <Jane.Spence@nrc.gov>; Campbell, Andy (Andy.Campbell@nrc.gov) <Andy.Campbell@nrc.gov>
Subject:
RE: FOIA/PA-2016-00731 Action Item/Instructions Review of Referred Records
Dear NRO FOIA Resource,
(b)(5)
Thank you, Chris From: NRO_FOIA Resource Sent: Wednesday, January 25, 2017 11:17 AM To: Cook, Christopher <Christopher.Cook@nrc.gov>
Subject:
FW: FOIA/PA-2016-00731 Action Item/Instructions Review of Referred Records Importance: High Good Morning Chris, Just real quickly, can you please tell me if you agree with RES determination on the second document below?
Thanks, Yessie From: FOIAPARES Resource Sent: Tuesday, January 24, 2017 8:04 AM To: Stevens, Margo <Margo.Stevens@nrc.gov>
Cc: FOIAPARES Resource <FOIAPARES.Resource@nrc.gov>; Kauffman, Lisa <Lisa.Kauffman@nrc.gov>; NRO_FOIA Resource <NRO FOIA.Resource@nrc.gov>
Subject:
FW: FOIA/PA-2016-00731 Action Item/Instructions Review of Referred Records Hi Margo, This email provides RES's disclosure recommendations for the records that originated in RES that are responsive to the subject FOIA.
r b)[5}. ~}[6}
I
. r )[5)
I RES consider this FOIA closed.
Thanks, Deanna From: Stevens, Margo [5]
Sent: Tuesday, January 10, 2017 9:25 AM To: RidsNrrMailCenter Resource <RidsNrrMailCenter.Resource@nrc.gov> Cc: Kauffman, Lisa <Lisa.Kauffman @nrc.gov>; Correa, Yessie <Yessie.Correa @nrc.gov>; Warner, Deanna <Deanna.Warner@nrc.gov>; Stevens, Margo <Margo.Stevens@nrc.gov>
Subject:
FOIA/PA-2016-00731 Action Item/Instructions Review of Referred Records A referral for FOIA/PA-2016-00731 is being assigned to NRR on January 10, 2017. The due date is Jauary 25, 2017, which is ten (10) working days from the date of this e-mail. 2
The Government Information Specialist for this request is Margo Stevens, who can be reached at 301-415-8 I 48, or Marno.St..:wnsr(;1nrc.~11*. (b)(5) NRC Fonn 496, "Report of Staff Resources for Processing FOIA Request" is available in the NRC Forms Library for your use. Thank you. 3
fa i IA L / I D7,J./t))-f ~.;i
~ll/JL/JOJ I.if (b)(5)
From: FOIAPARES Resource Sent: Tuesday, January 24, 2017 8:04 AM To: Stevens, Margo Cc: FOIAPARES Resource; Kauffman, Lisa; NRO_FOIA Resource
Subject:
FW: FOIA/PA-2016-00731 Action Item/Instructions Review of Referred Records Attachments: 20lG-073Lpdf Th tt h d e a ac e request .1s pubr1cIy ava1*1able .1n ADAMS as ML20294A139. Hi Margo, This email provides RES's disclosure recommendations for the records that originated in RES that are responsive to the subject FOIA.
r b)(5), (b )(6)

rbX5)
RES consider this FOIA closed.
Thanks, Deanna From: Stevens, Margo [mailto:margo.stevens@nrc.gov)
Sent: Tuesday, January 10, 2017 9:25 AM To: RidsNrrMailCenter Resource <RidsNrrMailCenter.Resource@nrc.gov> Cc: Kauffman, Lisa <Lisa.Kauffman@nrc.gov>; Correa, Yessie <Yessie.Correa@nrc.gov>; Warner, Deanna <Deanna.Warner@nrc.gov>; Stevens, Margo <Margo.Stevens@nrc.gov>
Subject:
FOIA/PA-2016-00731 Action Item/Instructions Review of Referred Records A referral for FOIA/PA-2016-00731 is being assigned to NRR on January JO, 2017. The due date is January 2S, 2017, which is ten ( 10) working days from the date of this e-mail. The Government Information Specialist for this request is Margo Stevens, who can be reached at 301 -415-8148, or Margo.St-:v-:ns@*nrc.201-. (b)(5)
(b)(5) NRC form 496, "Report of Staff Resources for Processing FOIA Request" is available in the NRC Fonns Library for your use. (b)(5) Thank you. 2
from: Stevens, Margo Sent: Friday, March 17, 2017 1:09 PM To: ADAMS IM
Subject:
Changing Profile/Availability of Records Responsive to FOIA-2016-0725 Good afternoon. As a result of a release of documents under FOIA/PA-2016-0725, please change the availability to public, sensitivity to non-sensitive, the release date to immediate release, and add SUNSI Review Complete and FOIA to the keyword field of the following records: (b)(5) Thanks.
Margo L. Stevc!n.s
,TOJ.:A .~1na(yst/'Temn Leader (Conlractcrr) OCIO/fj'E.~M5/Inforrnatiun. Services 'Brandi 'U.S..'Niw{ear 'l{e[JU{a/:ory Commi5*si<m 11545 'Rocl::.vi((e 1'ike, .'Alai[ Sto;1 T-2.'f7 'R.ocli.vU(e, :Jvlan1fand*20R55 rte(e_pfione #: (.:;~1) 415-8 148
From: Suttenberg, Jeremy Sent: Friday, March 17, 2017 12:30 PM To: Stevens, Margo
Subject:
RE: FOIA_2016-0725 Yes, you have my NLO. From: Stevens, Margo Sent: Friday, March 17, 2017 11:00 AM To: Suttenberg, Jeremy <Jeremy.Suttenberg@nrc.gov>
Subject:
FOIA_2016-0725 Importance: High (b)(5) Thanks. Jvtargo L. Stevens .1-'0J.J\ .Jlnuiyst/'Team Leader (Contr-actc,r) OCIO/{i'F.:MS/Information Services 'Brandi.
'U.S. :N"ucrear 'Regu(atory Com.mission Il545 1<.ockvilfo 'Pike, :Mai{ Stoy T-2]-7 1tock.'VUre, .'Ma.ryfand.20855 Tel,eylione #: fau1) 415-8148 1
From: Stevens, Margo Sent Wednesday, March 15, 2017 2:57 PM To: Suttenberg, Jeremy
Subject:
RE: FOIA-2016-0725#2 (Final) Attachments: NRC 464 Part 1+2016-0725#2 (revised).pdf; NRC 464 Part II_2016-725#2.pdf Tracking: Recipient Recall Sutten berg, Jeremy Failed: 03/15/2017 3:00 PM
M.argo L Stevens

fOIJ\. .Jln.alyst/'Jeam Lead:er (Contractor)
OG()/§'E.:MS/Information Services 'Branen
'U.S. :NuclR.ar 'Regu{atory Commission 11545 'RocRvi<<e Pili.e, :MauStoy 'I'-2:J1 'fu>cli.vi({e, .' Mary(antf 20855 Tef.eyfi.one #: (3(>t) 415-8148 From: Suttenberg, Jeremy Sent: Wednesday, March 15, 2017 2:54 PM To: Stevens, Margo <Margo.Stevens@nrc.gov>; OGC_FOIA_COORDINATOR Resource
<OGC_FOIA_COORD INATOR.Resource@nrc.gov> Cc: OGC_LC_Tickets Resource <OGC_LC_ Tickets.Resource@nrc.gov>
Subject:
RE: FOIA-2016-0725#2 (Final) I have this folder, but I have not reviewed it yet. My goal was to review it this afternoon, although today is quickly slipping away from me. I may not be able to get to it until tomorrow. From: Stevens, Margo Sent: Wednesday, March 15, 2017 1:23 PM To: OGC_FOIA_COORDINATOR Resource <OGC FOIA COORDINATOR.Resource@nrc.gov> Cc: Sutten berg, Jeremy <Jeremy.Suttenberg@nrc.gov>; OGC_LC_Tickets Resource <OGC LC Tickets.Resource@nrc.gov>
Subject:
RE: FOIA-2016-0725#2 (Final) Thanks. Both Tina Ennis and I checked the FOIA Resource mailbox, where she archives the notification emails we receive when FOIA packages are ready for pick up. There is none for 2016-0725#2. Nor do I personally have such an email. Please look around OGC and try to locate it! ~Marao £. Stevens J-"OI.J't. .'Ana(y.st/Team £.eatfer (C<mtractor)
Ol10/<;j'E.'MS/Informat i.on. Services 13rancft. 1.l.5. :Nu.cfear :ReyuCatory Ccnnmission 11545 'Rod~vi((e Pike, :Mai{ Stoy 'I'-2J7 1{ocfviffe, :Maryland*20855 TeCe_pfione #: (301) 4 15-BL48 From: OGC_FOIA_COORDINATOR Resource Sent: Wednesday, March 15, 2017 1:05 PM To: Stevens, Margo <Margo.Stevens@nrc.gov>; OGC_FOIA_COORDINATOR Resource <OGC FOIA COORDINATOR.Resource@nrc.gov> Cc: Suttenberg, Jeremy <Jeremy.Suttenberg@ nrc.gov>; OGC_LC_Tickets Resource <OGC LC Tickets.Resource@nrc.gov>
Subject:
RE: FOIA-2016-0725#2 (Final) Margo-I will contact LC to see if they know. Their closed ticket just says their comments. Cynthia would have emailed you all if the package came back to the Mailroom from LC. Leslie From: Stevens, Margo Sent: Wednesday, March 15, 20171:00 PM To: OGC_FOIA_COORDINATOR Resource <OGC FOIA COORDINATOR.Resource@nrc.gov>
Subject:
RE: FOIA-2016-0725#2 (Final) Well, that's great news. What happened to the package? I've never received it back (nor do I recall seeing an email that it was ready for pick-up). Margo £. Stevens .TOI.:A. ..'A.na{yst/Tea.m .leader (Con tractor) OCIO/(i'E:.M S/lnf<rrma.l.ion Services '.Brandi. 'U.S. :wucfeat 'Regu.ratory Commissi.on 11545 'l<ock:viffe 11 ik.e, .'Mai[Stoy 'I:2:,:7 'R.,ock:vi{fe, :Mary(aru£:w855 -re(~pfi<rne #: (301) 415-8148 From: OGC_FOIA_COORDINATOR Resource Sent: Wednesday, March 15, 201712:57 PM To: Stevens, Margo <Margo.Stevens@nrc.gov>; OGC_FOIA_COORDINATOR Resource <OGC FOIA COORDINATOR.Resource @mc.gov>
Subject:
RE: FOIA-2016-0725#2 (Final) Margo-This Thanks.was completedl(b)(5) I _ _ _ _ _ _ _ _ _ _ _ _ _ ___, per M.Clark/J.Suttenberg on 3/3/17 Leslie 2
From: Stevens, Margo Sent: Wednesday, March 15, 201711:39 AM To: OGC_FOIA_COORDINATOR Resource <OGC FOIA COORDINATOR.Resource@nrc.gov>
Subject:
FOIA-2016-0725#2 (Final) Good morning Cynthia. By my records, the final response package in the ~bove-referenced FOIA request was due back yesterday. As this is one of the group of requests for the records that Larry Criscione had added to ADAMS, I assume it was assigned to Lisa Clark for concurrence review, as she has been handling these responses. If it was assigned to her, can you please clieck on the status? Of course, if it was assigned to another attorney, I would still appreciate an update on its status (and to know who has it). Thanks. Margo £.. Stevens J'OI..'A 51.na{yst/'I'ea.m. Leader (Contractor) OCIO/{-i'E:M.S/Information Services 1Jrancfi 'll.S. :Nudea.r '.Reg-ufi,,.tory Com.mission. 11545 'Rock:vi((e Pi/i,e, :Mai{Stop 'I'-2J"7 'Rocfi.vi<<c, :M.ary{and*;w855 'Tel~pficm.e #: (301) 415-8148 3
(03-2 017) REQUESTER: I~-\ NRC FORM 44 Part I
~ ~ ~~ .1 U.S. NUCLEAR REGULATORY COMMISSION RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST I
FOIA 2016-0725
RESPONSE
TYPE II INTERIM RESPONSE NUMBER DATE: 0 2 FINAL I
!Lawrence Criscione DESCRIPTION OF REQUESTED RECORDS:
II I Records corresponding to items I (MLI00271591), 2 (ML100780084), 3 (ML102910480), 4 (MLl 10740482), 5 (ML! 12430114), 7 (ML13063Al 10), and 13 (MLl5356Al58) of your request, as further explained in the Comments Section, below. PART I. - INFORMATION RELEASED You have the right to seek assistance from the NRC's FOIA Public Liaison. Conta.c t information for the NRC's FOIA Public Liaison is available at bttos://www.nrc.gov/readios-rmlfoia/contact-foia.html IZ] 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 infonnation 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. 0 See Comments. PART I.A - FEES NO FEES AMOUNT" 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 t.B - INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE D enforcement We did not locate anic agency records responsive to your request. Note: Agencies may treat three discrete categories of law and nat anal 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 appeal any of the responses we have issued in response to your request when we issue our final detennination. You makiappeal this final detennination within 90 calendar days of the date of this response by sending a letter or e-mail to the FOIA O Icer, at U.S. Nuclear Regulatory Commission, Washington, D.C. 20555-0001 , or FOIA.Resource@nrc. ~ Please be IZ] 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
!Jruls:IIQgis,archi)leS.s2vlabo1,1t-2gis/@la0-iaformaJ.!Qo..htm PART I.C COMMENTS ( Use attached Comments continuation page if required)
As you are aware, the records addressed in this final response have been the su bject or one or more prior FOJA requests. Due to the passage of time, we have revisited our prior redactions and, as reflected herein, have made determination s t o restore some previous.ly redacted content. ML100271591 (item I) and ML102910480 (item 3) are now publicly available in their entirety. [ continued on next page] Slsnature - Freedom of Information Act Officer e>r Designee Distribution I IINRo; NRR; RES I OFFICE ACTION OFFICER FOIA OFFICER OGC *via emall PUBLIC ADAMS NAME ML Stevens SA Blaney JSuttenberg DATE 03/01/2017 03/01/2017 03/03/2017 NON-PUBLIC ADAMS NRC Form 464 Part I (03-201 7) Page 1 of 3
NRC FORM '64 Part I U.S. NUCLEAR REGULATORY COMMISSION FOIA RESPONSE NUMBER 103-2017)
.......-...~ !¥., \ ?/
RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST I 2016-0725 11 2 I
RESPONSE
..... TYPE INTERIM 0 FINAL REQUESTER; DATE:
!Lawrence Criscione 11 I DESCRIPTION OF REQUESTED RECORDS: Records corresponding to items 1 (ML100271591), 2 (ML100780084), 3 (Ml.102910480), 4 (MLI 10740482), 5 (MLI 12430 114), 7 (ML13063A110), and 13 (ML15356Al58) of your request, as further explained in the Comments Section, below. 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 b t ~ v / r e _ a o i ~ i Q /.c.ontact-foia.html [ZJ 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. We are continuing to process your request. 0 See Comments. PART I.A - FEES NQ FEES AMOUNT" 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 fisted. 0 Due to our delayed response, you will
~ee Comments for details Fees waived. not be charged fees.
PART 1.8 - INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE D enforcement We did not*locate any agency records responsive to your request. Note: Agencies may treat three discrete categories of law 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. [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 i1ssued 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 0 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
~://ogis.arcbives,govl ~bout-ogis[cQntaci-ioform~tiQn.htm PART I.C COMMENTS ( Use attached Comments continuation page if required)
A s you are aware, the records addressed in this final response have been the subject or one or more prior FOIA requests. Due to the passage of time, we have revisited our prior redactions and, as reflected herein, have made detenninations to restore some prev i ously redacted content. ML10027 l 59 I (item l ).and ML102910480 (item 3) are now publicly available in their entirety. [ continued on next page] s111nature - Freedom of Information Act Officer or OeslanH I I NRC Fonn 464 Part I (03-2017) Page 2 of3
NRC FORM 414 Part I U.S. NUCLEAR REGULATORY COMMISSION FOIA RESPONSE NUMBER (03-2017) RESPONSE TO FREEDOM OF INFORMATION 1 2016-0725 II 2 ACT (FOIA) REQUEST Continued RESPONSE TYPE INTERIM I I FINAL REQUESTER: DATE:
!Lawrence Criscione 11 PART I.C COMMENTS (Continued)
With respect to ML100780084 (item 2), we have made no changes to the publicly available version of the Generic Failure Rate Evaluation for Jocassee Dam Risk Analysis, which is ML13039A084. The only redaction is the cross-section diagram of the Jocassee Dam, which continues to be withheld on the basis of exemption 7F. MLI 10740482 and MLl 12430114 (items 4 and 5) are preliminary and final versions of the Screening Analysis Report for the Proposed Generic Issue on Flooding ofNuclear Power Plant Sites Following Upstream Dam Failures, respectively. We have made no changes to the publicly available versions of these reports, which are ML13256A369 and MLl4017A 114, respectively. These redacted portions continue to be withheld on the basis of exemption 7F. ML13063A110 (item 7) is an options paper that was the subject of a FOIA request you submitted last year, FOIA-2016-0071#4. We continue to assert exemption 5, as it incorporates the deliberative process privilege, for the options that were not chosen by the decision-maker. Finally, MLI 5356Al58 (item 13) is a Staff Assessment that was the subject of a prior FOIA request, FOIA-2016-0451. Certain previously redacted text in the publicly available version (ML16273Al28) has now been restored to this document; a copy of the newly redacted document is enclosed. We continue to assert exemption 7F for the portions of this document that we continue to withhold. NRC Form 464 Part I (03-2017) Page 3 of 3
FOIA REFERRAL & PACKAGE ROUTING SLIP Date: 31112011 F0IA- 2016-0725 Response # 2 (Fl NAU Ty~of Action Item: F0IA Referral I F0IA Response Package for Concurrence D F0IA Response Package for Signature How to be Delivered: ll]walk Around OFax OEmail B~tmDeliverB;~ram Office FOIA Coordinator:_ _ _ _ _ _ _ _ __ Other Instructions: Please see Explanation behind BACKGROUND Tab as to where in FOIAXpress the attorney may find the 7 documents addressed in this response, as well as salient background. FOIA Caseworker & Phone #: Margo Stevens, 415-8148 Rev. 12/14
personal record personal record personal record (12-2015) , ........ NRC FORM 464 P1rt I U.S. NUCLEAR REGULATORY COMMISSION RESPONSE TO FREEDOM OF I FOIA 2016-0725 II RESPONSE NUMBER 1 I f~ \
\~. .....~j INFORMATION ACT (FOIA) REQUEST
RESPONSE
TYPE 0 INTERIM FINAL REQUESTER: DATE:
!Lawrence Criscione 11 02/23/2017 I
DESCRIPTION OF REQUESTED RECORDS: Records corresponding to items 6 (ML12335A0S9), 8 (ML13084A022), 9 (MLl3149A079), 10 (ML 1321 SA I SO), 11 (ML14090A406), and 12 (ML14325A850) of your request, as further expl ained in the Comments Section, belo w . PART I. - INFORMATION RELEASED Agency records subject to the request are already available in public ADAMS or on microfiche in the NRC Public Docu'!lent 0 Room. 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 disdosure determination and direct response to you. 0 We are continuing to process your request. 0 See Comments. PART I.A -- FEES AMOUNT' II
$ II You will be billed by NRC for the amount listed.
0 None. Minimum fee threshold not met.
*see Comments for detaits You will receive a refund for the amount listed. Fees waived.
PART 1.8 -- INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE D We did not locate any agency records responsive to your request. Note: Agencies may treat three discrete categories of law enforcement and national security records as not subject to the FOIA ("exclusions"). 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. D the You may appeal this final determination within 30 calendar days of the date of this response by sending a letter or email to FOIA Officer, at U.S. Nuclear Regulatory Commission, Washington, D.C. 20555-0001 , or FOIA.Resource@nrc. ~ Please be sure to include on your letter or email that it is a "FOIA Appeal.* PART I.C COMMENTS ( Use attached Comments continuation page if required) In conformance with the FOIA Improvement Act of 2016, the NRC is informing you that you have the right to seek assistance from the NRC's FOIA Public Liaison. This interim response addresses 6 of the 13 records that are the subject of your request. ML I 233SA0S9 is an email exchange among NRR staff, which is already publicly avail able. [ continued on next page] SIGNATURE. FREEDOM OF INFORMATION ACT OFFICER DISTRIBUTION Stepfianie .'A.. 'BCaney 1 INRO; NRR; OGC; SECY I OFFICE ACTION OFFICER FO~FF\Kf:DJ PUBLIC ADAMS NAME Margo Stevens '1ib\1anie ~ lancy NON-PUBLIC ADAMS DATE 02/22/2017 02/23/2017 NRC Form 464 Part I (12-2015) Page1 of 3
1- ~I I NRC FORM 464 Part I U.S. NUCLEAR REGULATORY COMMISSION FOIA R ESPONSE NUMBER (12-2015) 16--0-72-5 1 I RESPONSE TO FREEDOM OF INFORMATION 1,!;;::::====::::.i.:::======1 ACT (FOIA) REQUEST Continued RESPONSE TYPE INTERIM FINAL REQUESTER: DATE:
!Lawrence Criscione 11 021231201 7 PART I.C COMMENTS (Continued)
MLl3084A022 is a set of PowerPoint slides submitted by Duke Energy in advance of a public meeting, which were attached to an email exchange that was the subject of a prior FOIA request that you submitted, FOIA-2013-0264. The redacted version is already publicly available as ML13226A265. We continue to assert exemption 7(F) for the redaction of the cross-section diagram of the Jocassee Dam, as it appears on slide 18 of this PowerPoint presentation. ML131949A079 is the Commission's 2nd Quarter Operating Plan for FY-2013, which was also the subject of a prior FOIA request you submitted, FOIA-2013-0261, and its appeal, FOIA-2013-002 lA. We continue to withhold the Plan in full pursuant to FOIA exemption 5, as it incorporates the deliberative process privilege. ML l 32 l 8Al50 is a Template for Staff Assessment of Response to l OCFR 50.54(f) Information Request - Flooding Mechanisms, which is already publicly available. ML J4090A406 is a record entitled "Evaluation of Missouri River Mainstem Dams and Potential Flood Hydrographs at Fort Calhoun and Cooper Nuclear Plants," which was prepared by the U.S. Army Corps of Engineers (ACE) and shared with the NRC;. It was the subject of two prior FOIA requests, FOIA-2015-0074 (ML15034A093) and FOIA-2016-0062 (ML! 5303A263), one of which was your own. After consulting with ACE again, the record continues to be withheld in full on the basis of FOIA exemptions 7(E) and (F). Any appeal with respect to this record should be directed to Secretary of the Army (ATTN: General Counsel). The appeal must be received within 90 calendar days of the date of this response. The envelope containing the appeal should bear the notation: "Freedom oflnformation Act Appeal" and should be sent to: U.S. Army Engineer District, Omaha, ATTN: CENWO-OC, 1616 Capitol Avenue, Omaha, N ebraska68I02-4901. ML I 4325A850 is a letter that has also been the subject of a prior FOIA request you submitted, FOIA-2016-020 I. A redacted version of the letter was released to you, and also made publicly available, as ML1602 I A057. We continue to assert exemption 6 to protect the name of the letter's originator. In addition, we continue to assert exemption 5, as it incorporates the attorney-client privilege, for the portions of the letter that reflect advice provided by OGC lawyers to NRC staff, of which the letter's originator became aware as part of his official duties. NRC Form 464 Part I (12-2015) Page 3 of 3
NRC FORM 464 Part II U.S. NUCLEAR REGULATORY COMMISSION FOIA (12-2015) l
, , ,.--~.'.\ RESPONSE TO FREEDOM OF I 2016-0725# I I ,¥) ...... INFORMATION ACT (FOIA) REQUEST DATE:
I 02/23/2017 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)). D 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. D Exemption 3: The withheld Information Is speclflcally 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, 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) 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 10CFR 2.390(d)(2). [Z] Exemption 5: The withheld Information consists of lnteragency or intraagency records that are normally privileged in civil litigation. 0 Deliberative process privilege. D Attorney work product privilege. 0 Attorney-client privilege. D 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. 0 Exemption 7: The withheld Information consists of records compiled for law enforcement purposes and Is being withheld for the reason(s) Indicated. (A) Dlsdosure 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. (0) The information consists of names and other lnformatlon 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 0 expected to risk circumvention of the law. 0 (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 offlclal(s) listed below have made the determination to withhold certain Information responsive to your request A,Ptu.A11 Ol'FICW. DENYING OFFICIAL TITLE/OFFICE RECORDS DENIED eoo SECY IStephanie A. Blaney 1 1FOIA Officer 11ML13084A022 I 0 IRochelle Bavol 11 Exec Asst to the Secy to the Commission 11 ML131949A079 I 0 IBernice Ammon 11 Assistant General Counsel 11 ML1432SA8S0 I 0 Appeals must be made In writing within 30 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 EQJA.Resourc~@arc.gov. Please be sure to Include on your letter or email that it is a "FOIA Appeal." NRC Form 464 Part II (12*2015) Page 1 of 1
(b)(5) From: Campbell, Andy Sent: Thursday, September 15, 2016 6:23 PM To: Harvey, Brad; Stevens, Margo Cc: Cook, Christopher; See, Kenneth; Rivera-Varona, Aida; Ammon, Bernice; Imboden, Andy
Subject:
RE: ML14090A406 (USACE Report) Hi Margo, I want to reaffirm what Brad has said. Only those with a need to know have access to the report as per USACE and DOD guidance on handling FOUO information.\ (b)(5) Thanks, Andy Andrew C. Campbell, Ph.D. Deputy Director Division of Site Safety & Environmental Analysis Office of New Reactors mail stop T7-F3 US Nuclear Regulatory Commission Rockville, MD 20852 email: Andy.Campbell@nrc.gov phone: 301-415-7566 From: Harvey, Brad Sent: Thursday, September 15, 2016 2:47 PM To: Stevens, Margo <Margo.Stevens@nrc.gov> Cc: Campbell, Andy <Andy.Campbell@nrc.gov>; Cook, Christopher <Christopher.Cook@nrc.gov>; See, Kenneth <Kenneth.See@nrc.gov>; Rivera-Varona, Aida <Alda.Rivera-Varona@nrc.gov>
Subject:
RE: ML14090A406 {USACE Report) Margo: You are correct in that the report is in ADAMs, with only a handful of NRC staff having been granted permission to access the report. Hope this helps. Please let me know if there are any questions. Brad 1
415-4118 From: Stevens, Margo Sent: Thursday, September 15, 2016 12:05 PM To: Harvey, Brad <Brad.Harvey@nrc.gov>
Subject:
ML14090A406 (USACE Report) Importance: High Hello Brad. Perhaps you'll recall that in January 2015 you were involved in the FOIA Office's handling of a FOIA request from David Lochbaum (FOIA-2015-0074) for a cop*y of the Army Corps of Engineers' report, "Evaluation of Missouri River Mainstem Dams and Potential Flood Hydrographs at Fort Calhoun and Cooper Nuclear Plants." After a meeting with NRO, FPIB, an.d OGC participation, along with USACE's involvement, we issued a full denial to the report on the basis of FOIA exemptions 7E and F, and informed Mr. Lochbaum that if he wished to administratively appeal that determination, he should direct it to the USAGE. (I don't know that he ever did that). (b)(5)
Mm-go£.. Sle:vens
.'l Ol}\ j"\na[ysl./1 eam Leader (Contractor) <JUO/CS'D/Jl'l'B 11.S. .'Nitdear 1legu{at:ory Commission ns45 'J{odiviffe. 1>die., :Mai{Stf!p T'-2:J7 'llorkville, :Mary(and-20855 'T't>Gy,rione #: (301) 415-8148 2
From: Stevens, Margo Sent: Tuesday, September 20, 2016 6:52 AM To: Harvey, Brad
Subject:
RE: RE: ML14090A406 (USACE Missouri River Flood Report) Yes, it does. Thanks .
.'Margo L. Stevens J~OI.'A .'Analyst/7'ea.m .leaaer (Contra.ct'or) 0O0/CSV/:f'PI'JJ 'U.S. :Nucfoa.r 1legu.Catory Commission 11545 1wckviffe Ti.ke, .'Mai[St:op T:257 1{ocf!vifle, .'Maryfa.n.a 20855 *Je(i1.plione #: (:w1) 415-8148 From: Harvey, Brad Sent: Monday, September 19, 2016 6:30 PM To: Stevens, Margo <Margo.Stevens@nrc.gov>
Subject:
Fwd: RE: ML14090A406 (USACE M issouri River Flood Report) Margo; FYI ... I think this answers your question. Brad x4118 Begin Forwarded Message: From: "Fassero, Christopher A NWO" <Christopher.A.Fassero(t£lusace.army.mil>
Subject:
[Extemal_Sender] RE: ML14090A406 (USACE Missouri River Flood Report) Date: 19 September2016 17:46 To: "Harvey, Brad" <Brad.Harvey(@nrc.gov> Cc: "Miller, Curtis J NWO" <Curtis.J.Millerra),usace.anm .mil>, "Kay, Roger L NWO"
<Roger.L.Kay@usace.army.mil>, "Cook, Christopher" <Christopher.Cook@.nrc. gov>, "See, Kenneth" <Kenneth.See(@.nrc. gov>
Brad, Thanks, Chris
Chris Fassero Project Manager Army Corps of Engineers, Omaha District Special Projects Branch 16 I6 Capitol Avenue Omaha, NE 68102-490 I Phone: 402-995-2679 BB: !{b)(6) ! Fax: 402-996-3741 chrisJ9pller.a.fassero alusace.arm, .mil

Original Message-----

From: Harvey, Brad [6] Sent: Friday, 16 September, 2016 07:21 To: Fassero, Christopher A NWO <Christopher.A.Fasseromusace.army.mil> Cc: Miller, Curtis J NWO <Curtis.J.Miller@usace.armv.mil>; Kay, Roger L NWO <Rog.er.L.Kay{!_t1usace.army.mil>; Fassero, Christopher A NWO <Christopher.A.Fassero@usace.army.mil>; Cook, Christopher <Christopher.Cook(t})nrc.g.ov>; See, Kenneth <Kenneth. ee'
Subject:
[EXTERNAL] FW: ML14090A406 (USACE Missouri River Flood Report) Chris F: Brad 301-415-4118 From: Stevens, Margo Sent: Friday, September 16, 2016 6:28 AM To: Harvey, Brad <Brad.Harvey@nrc.gov>
Subject:
RE: ML14090A406 (USACE Report) Margo L. Stevens FOIA Analyst/Team Leader (Contractor) OCIO/CSD/FPIB U.S. Nuclear Regulatory Commission 11545 Rockville Pike, Mail Stop T-2F7 Rockville, Maryland 20855 2
Teiephone #: (301) 4 I 5-8148 From: Harvey, Brad Sent: Thursday, September 15, 2016 2:47 PM To: Stevens, Margo <Margo.Stevens@nrc.gov <mailto:Margo.Stevens(amrc.gov> > Cc: Campbell, Andy <Andy.Campbell@nrc.gov <!!lfil!.m:Andy.Campbell@,nrc.gov> >; Cook, Christopher
<Christopher.Cook@nrc.gov <mailto:Christopher.Cookfa'nrc.gov> >; See, Kenneth <Kenneth.See@nrc.gov <mai lto:Kenneth.See a nrc.gov> >; Rivera-Varona, Aida <Aida.Rivera-Varona@nrc.gov <mailto:Aida.Rivera-Varona@nrc.gov> >
Subject:
RE: MLl4090A406 (USACE Report) Margo: You are correct in that the report is in ADAMs, with only a handful ofNRC staff having been granted permission to access the report. Hope this helps. Please let me know if there are any questions. Brad 4 15-4118 From: Stevens, Margo Sent: Thursday, September 15, 2016 12:05 PM To: Harvey, Brad <Brad.Harvey@nrc.gov <mailto:Brad.Harvey(@nrc.gov> >
Subject:
MLl4090A406 (USACE Report) Importance: High Hello Brad. Perhaps you'll reqlll that in January 2015 you were involved in the FOJA Office's handling of a FOIA request from David Lochbaum (FOIA-2015-0074) for a copy of the Army Corps of Engineers' report, "Evaluation of Missouri River Mainstem Dams and Potential Flood Hydrographs at Fort Calhoun and Cooper Nuclear Plants." After a meeting with NRO, FPIB, and OGC participation, along with USACE's involvement, we issued a full denial to the report on the basis ofFOIA exemptions 7E and F, and informed Mr. Lochbaum that ifhe wished to administratively appeal that determination, he should direct it to the USACE. (I don't know that he ever did that). 3
(b)(5) Margo L. Stevens FOIA Analystffeam Leader (Contractor) OCIO/CSD/FPIB U.S. Nuclear Regulatory Commission 11545 Rockville Pike, Mail Stop T-2F7 Rockville, Maryland 20855 Telephone #: (301) 415-8148 4
From: Stevens, Margo <foia.resource@nrc.gov> Sent: Monday, September 12, 2016 10:50 AM To: *LSCriscione@hotmail.com Cc: Stevens, Margo
Subject:
[2016-0725] ACK Memo Base - Email Attachments: [2016-0725] ACK Memo Base - Email.docx
thiUNITED ST ATES NUCLEAR REGULATORY COMMISSION WASIIINGTON, D.C. 205!1~-0001 September 12, 2016 FOIA/PA-2016-00725 Mr. Lawrence Criscione 1412 Dial Court Springfield, IL 62704
Dear Mr. Criscione:
We received your Freedom of Information Act (FOIA) request on September 12, 2016. Your request, which seeks access to thirteen enumerated documents, each of which carry its own ML#, but which have also assembled into a single ADAMS package under ML#16195A365, has been assigned the following reference number that you should use in any future communications with us about your request: FOIA/PA-2016-00725. To ensure the most equitable treatment possible of all requesters, the N~C processes requests on a first-in, first-out basis, using a multiple track system based upon the estimated time it will take to process a request. Based on your description of the records you are seeking, we estimate completion of your request will be on or before October 25, 2016. Please note that we are estimating that completion will take more than 20 working days because we expect that we will have to: search for, collect, and appropriately examine a voluminous amount of records 181 consult with multiple program and/or regional offices within the NRC 181 consult with other Federal agencies having equities in the records D refer records to a licensee, or other business submitter undertake a declassification review of classified records; or retrieve records from Federal Records Centers or other off-site facilities. Please know that this date roughly estimates how long it will take us to close requests ahead of yours in the respective track and complete work on your request. The actual date of completion might be before or after this estimate, based on the complexity of all of the requests in the complex track. We will advise you of any change in the estimated time to complete your request. In an effort to process your request promptly, you may wish to narrow the scope of your request to limit the volume of potentially responsive records. For purposes of assessing fees in accordance with our regulations (10 CFR 9.33), we have placed your request in the following category: Non-Excepted. If applicable, you will be charged appropriate fees for: Search and Duplication of Records. However, since you have requested that we issue our response to you electronically, you will not incur duplication charges.
- 2 -
The following person is the Government Information Specialist who has been assigned responsibility for your request: Margo Stevens at 301-41:5-8148 or Margo.Stevens@nrc.gov. If you have questions on any matters concerning your FOIA request, please feel free to contact the assigned Government Information Specialist or me at (301) 415-7169. Sincerely, Stephanie Blaney Acting FOIA Officer Office of the Chief Information Officer
personal record personal record From: Stevens, Margo Sent: Monday, September 26, 2016 10:29 AM To: Francis, Lezlie
Subject:
FW: FOIA/PA-2016-0451 Final Response OK - please work with Cynthia to get this response into public ADAMS and as soon as possible. At least one of the documents is at issue in this current set of Criscione added to Adams requests .
.Ma.rao L. Stevens J-OJ.'A. .'Ana.Cyst/'I'eam Leaaer (Contractor)
OCIO/CS'D/TPI'B
'lJ.S ..'Nu.dear 'Regu(a.ton.1 Com.mission 11545 1~.oci:viOe 'Pike, ::Mai( Stop T-2:J7 'Rod:vi.ae, :.Ma.ryfimd.20855 - -Ji4eyfione. #: (301) 415-8148 From: Blaney, Stephanie Sent: Monday, September 26, 2016 9:35 AM To: Stevens, Margo <Margo.Stevens@nrc.gov>
Cc: Argent, Nina <Nina.Argent@nrc.gov>
Subject:
RE: FOIA/PA-2016-0451 Final Response I don't recall. As long as it's good to go in ADAMS have Lezlie work with Cynthia to get it in ADAMS. From: Stevens, Margo Sent: Friday, September 23, 2016 2:52 PM To: Blaney, Stephanie <Stephanie.Blaney@nrc.gov> Cc: Argent, Nina <Nina.Argent@nrc.gov>
Subject:
FW: FOIA/PA-2016-0451 Final Response (b)(5) Assuming there isn't any reason, I assume we can now ask whomever to get it to DPC?
Ji1argo L Stevens J:Ol.:A _'Ana{yst/'I'eam. Leader (Contractor)
OCIO/CS'D/J-"l.'l'B 'U.S. ~WucCear 1legulatory Commi.s~i.on u545 1~Dcf.i.vi[Ce 'PiR.e, .'Mai{St(!p 'T'-2:[7 1{ocli-v i{fe, .'Maryfa.nd' 20855 1
From: Francis, Lezlie Sent: Friday, September 23, 2016 10:59 AM To: Stevens, Margo <Margo.Stevens@nrc.gov>
Subject:
FW: FOIA/PA-2016-0451 Final Response Here is the final response. I will work with Cynthia to get it into ADAMS. Lezlie J Francis FOIA Analyst (Contractor) OCIO/CSD/FPIB U .S . Nuclear Regulatory Commission 11545 Rockville Pike, Mail Stop T-2F15 Rockville, Maryland 20855 301-41 5-5966 From: Admin, Admin [7] Sent: Wednesday, August 17, 2016 2:09 PM To: pmblanch@comcast. net Cc: Francis, Lezlie <Lezlie.Francis@nrc.gov>
Subject:
FOIA/PA-2016-0451 Final Response
Dear Mr. Blanch:
Please find attached NRC's final response to your FOIA request, FOIA/PA-2016-00451. 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, Freedom of Information, Privacy & Information Collections Branch Customer Service Division. Office of the Chieflnformation Officer Mail Stop: T-5F09 U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 FOIA.Resource@nrc.gov Ph: 301-415-7169 Fax: 301-415-5 130 2
From: Stevens, Margo Sent: Friday, September 23, 2016 1:34 PM To: FOIAPASECY Resource
Subject:
RE: FOIA/PA-2016-00725 Action Item/Instructions Search for Records in Perfected st RequeRespons *n Th1s f1naI response # 1 1
.s pubr1cIy ava1*1able 1 .n Attachments: Final _
1 2016 0117 pdf e
ADAMS as ML20307A590.
We no longer give FOIA Coordinators access rights to FOIA's. If you notice, we attach a copy of the incoming request to our initial tasking to the program offices. But, alas, for reasons I cannot explain , the response to FOIA-2016-011 7 isn't actually in ADAMS, as it should be (albeit profiled as non-publicly available) .
.'Margo L. Stevens
_FOI.:A. .'A.nalyst/'leam Leatfe.r (Contractor) 000/CSV/J'l'l'B 'U.S. :Nu.dear 'ReguCatory Com.mission. 1;.545 'Rockville 'Pike, .'M.ai(SL"o_p T-2:[7 'Rockvff(e, .:Ma.ryCana 20855
-Je(e_plione #: (80 1) 415-8148 From: FOIAPASECY Resource Sent: Friday, September 23, 2016 12:34 PM To: Stevens, Margo <Margo.Stevens@nrc.gov>
Subject:
RE: FOIA/PA-2016-00725 Action Item/Instructions Search for Records in Perfected Request Hi Margo, I just see an estimate I submitted for FOIA 2016-0117 only. Did we respond to Mr. Tarver? I searched ADAMS too and I can't pull up anything .
Thanks, Kristy Kristy Remsburg Correspondence and Records Office of the Secretary U.S. Nuclear Regulatory Commission Office: 301-415-1667
From: Stevens, Margo lmailto:foia.resource@nrc.gov1 Sent: Friday, September 23, 2016 8:25 AM To: FOIAPASECY Resource <FOIAPASECY.Resource@nrc.gov> Cc: Stevens, Margo <Margo.Stevens@nrc.gov>
Subject:
FOIA/PA-2016-00725 Action Item/Instructions Search for Records in Perfected Request Offices Assigned Action on September 23, 2016: SECY The requester has either agreed to pay the estimated fees, or has provided an advance payment, or there are no billable fees. The request is now considered "perfected." Please provide the Government Infonnation Specialist, who is named below, with the responsive records on or before October 6, 2016, which is ten (L 0) working days from the date of this e-mail. The Government Information Specialist for this request is Marso Stevens, who can be reached at 301-415-8148 or Mamo.Stevcns(ii)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 responsive records, please let the assigned specialist know. The FOLA request should be processed i.n accordance with.Ole standard instructions (How to Respond to a FOIA Request) at MLJ6J23Al64. NRC Fonn 511, "Program Office Response to a FOIA Request" is available in the NRC Forms Library for your use. In order to document Ole search conducted, in the event of an appeal challenging the adequacy of the search, please also have each member of your staff who conducts a search complete NRC Fonn Sl lA, "Documentation of a FOIA Search," which is also available in the NRC Fonns Library for your use. Please review these fonns to 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 Fonn S 11 you return to the assigned specialist. Alternatively, you may complete the NRC Form 51 lA 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 performing adequate ADAMS searches if you have any difficulty 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,Resource$/nrc,gov, as well as the assigned specialist. Thank you. 2
Nlj.C FORM 4M Part I U.S. NUCLEAR REGULATORY COMMISSION FOIMtA RESPONSE NUlleER (01-2015) RESPONSE TO FREEDOM OF FOIA/PA-2016-0117 I INFORMATION ACT (FOIA) / PRIVACY ACT(PA)REQUEST RESPONSE INTERIM yl FINAL TYPE l.!:.J REQUESTER DATE Julian Tarver December 1, 2015 PART I. - INFORMATION RELEASED Requested records are available 'through another public distribution program. Comments section. No additional agency records subject to the request have been located. See
/GROUP ** * ----*-~ Agency records subject to the request that are identified in the specified group are already availabfe in public
___ . ..i ADAMS or on microfiche in the NRC Public Document Room. i Agency records subject to the request that are contained in the specified group are being made available in
public ADAMS.
Agency records subject to the request are enclosed. D referred Records subject to the request that contain Information originated by or of interest to another Federal agency have been to that agency (see comments section) for a disclosure determination and direct response to you. D We are continuing to process your request. * (ZJ See Comments. PART I.A -- FEES I D AMOUNT' You will billed by NRC for the amount listed. [ZJ None. Minimum fee threshold not met. s I commenta be O
S..
for delall D You will receive a refund for the amount listed. D Fees waived. PART I.B ** INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE discrete We did not locate any agency records responsive to your request. Note: Congress allowed agencies to treat three categories of law enforcement and national security records as not subject to the FOIA ("exclusions"). See 5 U.S.C. 552(c). This is a standard notification that we give to all requesters: it should not be taken as an indication that any of these excluded records do. or do not. exist. We have withheld certain information in the records from disclosure pursuant to the FOIA exemptions described, 0 and for the reasons stated, in Part II.
Because this is an interim response to your request. you may not appeal this determination 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 on your request.
0 You may appeal this final determination within 30 calendar days of the date of this response, by writing to the FOIA Officer, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555-0001 . Please be sure to mark your letter/envelope or email that it is a "FOIA Appeal." PART I.C COMMENTS ( u.. attached Comments continuation page If required) This is the final response to your request wherein you seek P,&ges I through 100 of ML I 3149A079. We are continuing to withhold the document in full under exemption (b)(5). Please note that this document was previously requested and denied in full in FOIA 2013-0261 and the decision was affirmed on appeal in FOIA 2013-0021A. SIG~TUR 1 ~ ORMATIONA<:r ANO PRIVACY ACT OFFICER 'RoBer .Jlnaofi NRC FORM -464 Part 1 (01-2015) Page 2 of 3
(08-2013) I-~* NRC FORM "4 Part U
\~..... j a RESPONSE TO FREEDOM OF INFORMATION U.S. NUCLEAR REGULATORY COMMISSION ACT (FOIA) / PRIVACY ACT (PA) REQUEST PART II.A - APPLICABLE EXEMPTIONS FOIA/PA DATE 2016-0117 12/01/2015 ,GRO\JP Records subject to the requeat that are contained In the apedfted group are being withheld in their entirety or In part under the i Exemption No.(s) of the PA and/or the FOIA as indicated below (5 U.S.C. 552a and/or 5 U.S.C. 552(b)).
O Exemption 1: The wilhheld Information fa property daaalfled pursuant to Executllle Order 121158. Exemption Exemption 2: The withheld lnformaUon relates solely to the Internal personnel Nies and pradlcea of NRC. O 3: The withheld Information la apeciftcaNy ticempted from public disdoaure by 1tatute Indicated. Sections 141-145 of the Atomic Energy Act, which prohibits the disclosure of Restricted Data or Fonnerty Reatricted Data (42 u.s.c. 21111-2185). Section 147 of the Atomic Energy Ad, which prohibits the disclosure of Unclaaslfted Safeguards Information (42 U.S.C. 2167). 41 U.S.C., Sec1lon 4702(b), prohibits the disclosure of contractor proposals; in 1he possession and control of an executiw agency to any per,on under section 552 of TIiie 5, U.S.C. (the FO1A), except when Incorporated Into the contract between the agency and the submitter of the proposal. 0 Exemption 4 : The withheld Information Is a trade secret or commercial or lnlnclal informaUon that is being withheld for the reason(*) Indicated. The Information is conlidered to be confidential business (proprietary) Information. The Information Is considered to be proprietary becauM It concerns. a ncensee's or applicanrs phytlical protec1lon or material control and accounting program for special nuclear matenI pursuant to 10 CFR 2.3IIO(d)(1). The Information was submitted by a foreign source and ,.oelved in contldence pursuant to 10 CFR 2.3IIO(d)(2). 0 Disclosure will harm an identifiable private or governmental interest. Exemption !I: The withheld Information consists of interagency or intr11gency records that are not available through discovery during litlgatlon. Applicable privileges: . Delibenltive process: Disclosure of prededalonal Information woukl tend to inhibit the open and hnk exchange of ideas essential to the deliberative process. 'Nhere records are wtthheld In their entirety, the facts are inextricably Intertwined with the predecisional information. There also are no reasonably segregable factual portions because the release of the facts would pennlt an Indirect Inquiry Into the preded&lonal process of the agency. D Attorney work-produd privilege. (Documents prepared by an attorney In contemplation of litigation) Attomey-dlent privilege. (Confidential commmlcatlons between an attorney and hlshler dlent) Exemption 6: The withheld information Is eicempted from public disdosure beeause its disclosure would result in a cle*rtY unwarranted Invasion of persOfllll privacy. Exemption 7: The withheld information conSista of records compiled for law enforcement purposes and is being withheld for the reason(&) Indicated. (A) Disclosure could reasonably be eicpeded to Interfere with an enforcement proceeding (e.g., It would reveal the scope, direction, Ind toeus of enforcement efforts, and thus could possibly allow recipients to take action to shield potential wrong doing or a violation of NRC requirements from Investigators). 0 (C) Disclosure could conslitute an unwarranted invn!On of personal privacy. (D) The Information consists of names of individuals and other Information lhe disclosure of which could reasonably be expected to reveal identities of confidential &OUroas. (E) Disclosure would reveal techniques and procedures for law enforcement lnvestigltlons or prosecutions. or guidelines that could reasonably be expected to nsk clrcumvenllorl of tne laW. 0 (F) Olsdosure could reasonably be eicpeded to endanger the life or physical safety of an individual.
OTHER (SoeciM I
PART 11.B - DENYING OFFICIALS Pursuant to 10 CFR 9.25(g), 9.25(h), and/or 9.65(b) of the U.S. Nuclear Regulatory Commission regulations, it has been determined that the information withheld is exempt from production or disclosure, and that i1s production or disclosure is contrary to the public interest. The person responsible for the denlal are those officials identifted below as denying officJals and the FOIA/PA Officer for any denials that may be appealed to the Executive Director for Operations (EDO). APPl!UATE O"'CIAI. DENYING OFFICIAL TITLE/OFFICE RECORDS DENIED (00 IJECY 1G Rochelle Bavol Executive Assistant, Office of the Secretary MLl3149A079 00 l J IJ l J Appeal must be made In writing within 30 days of receipt of this response. Appeals should be mailed to the FOIA/Privacy Act Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001 , for action by the appropriate appellate official(s). You should clearly state on the envelope and letter that it Is a "FOIA/PA Appeal." NRC FORM 464 Part II (08-2013)
From~ Stevens, Margo <foia.resource@nrc.gov> Sent: Tuesday, September 20, 2016 12:08 PM To: NRO_FOIA Resource; RidsNrrMailCenter Resource Cc: Correa, Yessie; Kauffman, Lisa; Stevens, Margo
Subject:
FOIA/PA-2016-00725 Action Item/Instructions Search for Records in Perfected Request Attachments: 2016-0725-r.pdf The attached request is publicly available in ADAMS as ML20294A123. Offices Assigned Attion on September 20. 201Ci: NRO;NRR The requester has either agreed to pay the estimated fees, or has provided an advance payment, or there are no billable fees. The request is now considered "perfected." Please provide the Government Infonnation Specialist, who is named below, with the responsive records on or before October 3, 2016, which is ten (10) working days from the date of this e-mail. The Government Information Specialist for this request is Margo Stevens, who can be reached at 301-415--8148 or Margo.Stevens@nrc.gov. (b)(5) The FOIA request should be processed in accordance with the standard instructions (How to Respond to a FOIA Request) at MLl6123A164. NRC Form 5 1I, "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 challenging the adequacy of the search, please also have each member of your staff who conducts a search complete NRC Form 511 A, "Documentation of a FOIA Search," which is also available in the NRC 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 of the completed NRC Forms 51 IA along with the NRC Form 5ll you return to the assigned specialisl Alternatively, you may complete the NRC Forni 51 IA 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 perfonning adequate ADAMS searches if you have any difficulty doing a search. NRC Fonn 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.Rc:source@nrc.eov, as well as the assigned specialist. Thank you.
ft;JLl43JSA~S0 From: Clark, Lisa Sent Monday, January 23, 2017 3:59 PM To: Blaney, Stephanie; Danoff, Karen; Stevens, Margo Cc: Remsburg, Kristy
Subject:
FW: FOIA/PA-2016-00731 Action Item/Instructions Review of Referred Records Attachments: 2016-0731.pdf ~ - - - - - - - - - - - - - - - - - - ~ The attached request is publicly available in ADAMS as ML20294A139. All, The current status of OGC's review of the following tasking, concerning the OSC documents, is as follows: (b)(5), (b)(6) Thanks, Lisa From: Stevens, Margo [mailto:margo.stevens@nrc.gov) Sent: Tu-esday, January 10, 2017 12:14 PM To: OGC_FOIA_COORDINATOR Resource <OGC_FOIA_COORDINATOR.Resource@nrc.gov> Cc: Clark, Lisa <Lisa.Clark@nrc.gov>; Stevens, Margo <Margo.Stevens@nrc.gov>
Subject:
FOIA/PA-2016-00731 Action Item/Instructions Review of Referred Records A referral for FOIA/PA-2016-00731 is being assigned to OGC on January JO, 2017. The due date is ,January 25, 2017, which is ten (10) working days from the date of this e-mail. The Government Information Specialist for this request is Margo Stevens, who can be reached at 301-41 S-8148. or Mariio.Stev~ns,iiinrs;.gQY NRC Form 496, "Report of Staff Resources for Processing FOIA Request" is available in the NRC Forms Library for your use. This is somewhat of a mixed tasking/unusual assignment. Lisa Clark and I spoke about it at a meeting we attended yesterday. (b)(5), (b)(6) 1
(b)(5) Due to limitations in FOlAXpress/Outloolc integration, I will send the records referenced in 1-4, above, in a separate email directly to Lisa. But I wanted you to have this for ticketing/tracking purposes. THank you. 2
From: Stevens, Margo Sent: Wednesday, February 22, 2017 1:02 PM To: Blaney, Stephanie
Subject:
FW: FOWPA-2016-00725 Action Item/Instructions Review of Referred Records For when you return to the office. (b)(5) Your thoughts? J'vtargo £. Stevens
]"OI.Jt .71:naEyst/Team Lea.aer (Contractor) 0O0/(i'.£:M.S/Informa.l ion Services 'Brandi
'll.S. :NucCear 'ReyuCatory Comm.issi.on 11545 'R.ock:vi[{e Piie, :Mai[Stoy 'T:2:,r1 R.ocf:viffe, :Maryl.a.nd20855 'TeCeyficme #: (301) 415-8148 From: Kauffman, Lisa Sent: Wednesday, February 22, 2017 12 :52 PM To: Stevens, Margo <Margo.Stevens@nrc.gov>
Subject:
RE: FOIA/PA-2016-00725 Action Item/Instructions Review of Referred Records Hi Margo, NRR agrees with NRO's determination.
Thanks, Lisa From: Stevens, Margo [8]
Sent:Tuesday, February 21, 201712:49 PM To: RidsNrrMailCenter Resource <RidsNrrMailCenter.Resource@nrc.gov> Cc: Kauffman, Lisa <lisa.Kauffman@nrc.gov>; Stevens, Margo <Margo.Stevens@nrc.gov>
Subject:
FOIA/PA-2016-00725 Action Item/Instructions Review of Referred Records A referral for FOIA/PA-2016-00725 is being assigned to NRR on February 21, 2017. The due date is March 6, 2017, which is ten (10) working days from the date of this e-mail. 1
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
~ Provide a disclosure detennination/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; or
_ _ Provide a disclosure detennination/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 Margo Stevens, who can be reached at 301-415-8148. or Margo.Stevens@pn:,gm:. Thank you. 2
From: Stevens, Margo Sent: Tuesday, February 21, 2017 12:52 PM To: RidsNrrMailCenter Resource; Kauffman, Lisa
Subject:
FOIA_2016-0725 The attached record (as ultimately processed) is addressed in, Attachments: ML15356A158_Re-review.pdf multiple FOIA requests, including interim response# 3 to your NRC-2018-000096. This response is publicly available in Importance: High ADAMS as ML20288A414. Lisa, attached is ML15356A158, which corresponds to the tasking I just sent to you via FOIAXpress. (b)(5) Thanks.
Margo £. Stevens
.'FOVl .'Ana(yst/'Ieam Leacler (Contractor) <>CIO/({E.J>iS/Information Services 'Brandi 'll.S. :N"u.c/",ear 'Regu{a.tory Cmnmissi.on. 11545 1~ocfivi{(e Pilie, :M.ai[Stoy 'I'-2.'f7 'Rockv i{fe, .'Mary(a.ncf 20855 re{eyfi.one #: (3rn) 415-8148 1
From: Stevens, Margo Sent: Friday, February 17, 2017 2:58 PM To: Blaney, Stephanie
Subject:
FOIA-2016-0725 (b)(5)
.'Margo £. Stevens
TOD\. .J\nalysl/Tea.m Lea.aer (Contractor)
OCIO/(i1::MS/In.formation Services 'Branen 'U. S. :Ni1dea.r 1~eg-u(atory Commission 11545 'Rock:vilTe Pike, .'Ma.i(Stoy T-2.'f7 1{ockvi{fe, :Maryfa.n.tf 20855 'Ti*tepfionc #: (w,) 415-8148
From: Stevens, Margo Sent: Friday, February 17, 2017 2:11 PM To: Blaney, Stephanie
Subject:
RE: FOIA-2017-0725 Will do my best!
'Ma:rgo £.. Stevens ]"01.J\. .'A..na.lyst/ 1'eam Leader (Con.tractor)
OCIO/(-i'E.?vf5/ Information Services JJra.ncfi.
*u.s. :Nit.clear 'Regufatory Com.missi<m 11_.:-45 '.Rock-v1(le. Pifie, :Ma.if Stoy T-2_'f 7 1~.oclivif[e, ~Ma:rvla:ncl 20855 'le.{eyhone #: (3cH) 415-8148 From: Blaney, Stephanie Sent: Friday, February 17, 2017 i:10 PM To: Stevens, Margo <Margo.Stevens@nrc.gov>
Subject:
RE: FOIA-2017-0725 Yeah I would try to make it as easy as possible so he will be more willing to help us out. Even if he comes here and we pull up the public documents and then show the references and do it together. What ever works! From: Stevens, Margo Sent: Friday, February 17, 2017 2:04 PM To: Blaney, Stephanie <Stephanie.Blaney@ nrc.gov>
Subject:
RE: FOIA-2017-0725 Let me go back through them first thing on Tuesday and if I can make it a "modest" task, I will reach out to him and see if he would be willing to do it.
Marga L. SteYens fOJJ.\ .J.lna.lyst/1'ea*m £.eacfer (Contractor)
OCIO/<g'E:MS/Inf'ormat i,0n. Services 13rancfi. 'U.S. :Nucfear 'Regu(atory Commission Ll545 'Rocivi((e 'Pife, :Mai( Stoy 'T-2J'7 1wclivil.Te, :M.ary[and.20855 1'e(e_pfwne #: (301) 415-8148
From: Blaney, Stephanie Sent: Friday, February 17, 2017 2:01 PM To: Stevens, Margo <Margo.Stevens@nrc.gov>
Subject:
RE: FOIA-2017-0725 (b)(5) From: Stevens, Margo Sent: Tuesday, February 14, 2017 2:20 PM To: Blaney, Stephanie <Stephanie.Blaney@ nrc.gov>
Subject:
FOIA-2017-0725 Stephanie, this is one of the "Criscione" group from Larry himself. It asks for 13 records, all of which pre-existed the whistleblower matter, and all were already in ADAMS, so the MLs remain correct. I (b)(5) But otherwise, it's ready to go!
Margo L Stevens J'OI.J.\ .'Ana.Cyst/Team Leacfer (Contract<1r)
OCJO~il:M-S/1lser Se:rvices&:fOI:A./Pri vacy 13randi
*u.s. :Nude.ar 'Regulatory Commission 11545 'Rockvi((e PiRe, .'Mai{Stoy T-2J'1 'R.ock'Ville, ~Ma:ry(and*:20855 'J'efepfione #: (301) 4 15-8148 2
From: Stevens, Margo Sent Friday, February 03, 2017 9:13 AM To: Correa, Yessie Subjed: RE: FOIA/PA-2016-00725 Action Item/Instructions Review of Referred Records That would be great. Thanks (and enjoy the weekend) .
~MarlJO £. Stevens
.'f'Ol.'tl :Analyst/Team Leader (Contractor) OCIO/G.T.'!vlS/'User Services&J.-01.Jl/'Privacy 'Brtmcfi
'£LS. :Nitdear 1-zegu{atory Commission 1154511:..ocfi.vil(e 'Pike, _'Ma,i(Stop T-2J"7 1{ocf.:.vi((e, :M.a:ryCa.n.cC 20855 -
Ie{~plione #: (,01.) 415-8148 From: Correa, Yessie Sent: Friday, February 03, 2017 9:10 AM To: Stevens, Margo <Margo.Stevens@nrc.gov>
Subject:
RE: FOIA/PA-2016-00725 Action Item/Instructions Review of Referred Records I will make sure to talk to him on Monday and will try to give you an answer as soon as possible. Thanks Yessie From: Stevens, Margo Sent: Friday, February 03, 2017 8:51 AM To: Correa, Yessie <Yessie.Correa @nrc.gov>
Subject:
RE: FOIA/PA-2016-00725 Action Item/Instructions Review of Referred Records Thanks for touching base, Yessie. (b)(5) 1
.Margo L Ste*vens J'OI.'A. .'Ana{yst/T'ea.m f.ea.cCer (Contractor)
OUO/(iI:M ~/'User Services&J'OI.'A/Privacy 'Brandi.
'U.S. ~"tvudea:r '.Re.f:JUf.a.tory Comm issi.on.
11545 'R.oclivilfe 'Pife., :Mai{Stoy '1-2:F1
'l?..ocfvi(Ce, :Marylana 20855 T'el~pfi.<me #: (301) 415-8148 From: Correa, Yessie Sent: Friday, February 03, 2017 8:32 AM To: Stevens, Margo <Margo.Stevens@nrc.gov>
Subject:
RE: FOIA/PA-2016-00725 Action Item/Instructions Review of Referred Records Importance: High Good Morning Margo, I am just following .up with this FOIA, did you get what you needed on this request from Chris Cook or we still owe you something? It has been a crazy week and I want to make sure that everything was resolve. Yessie From: Stevens, Margo Sent: Tuesday, January 31, 2017 6:13 AM To: Cook, Christopher <Christopher.Cook@nrc.gov> Cc: Correa, Yessie <Yessie.Correa@nrc.gov>; Devlin-Gill, Stephanie <Stephanie.Devlin-Gill@nrc.gov>; Harvey, Brad <Brad.Harvey@nrc.gov>
Subject:
RE: FOIA/PA-2016-00725 Action Item/Instructions Review of Referred Records Chris, again, I very much appreciate your responses to me. (b)(5) .Margo£. Stevens J'OI.'A. .Jl:natyst/Tea:m f.eade.r (Contractor) OCIO/~I:M.S/'User Services&J-OI.'A/'Priva.cy '.Brandi 'U.S. :Nit.dear 'Regu(atory Commission 11545 'R.ocli.ville 'Pili.e, :Mai(Stcp T'-2:f7 'R.ocli.ville, .'Mary(a:ncf 20855 'T'efeyfi.one #: (301) 415-8148 2
From: Cook, Christopher Sent: Monday, January 30, 2017 5:08 PM To: Stevens, Margo <Margo.Stevens@nrc.gov> Cc: Correa, Yessie <Yessie.Correa@nrc.gov>; Devlin-Gill, Stephanie <Stephanie.Devlin-Gill@nrc.gov>; Harvey, Brad
<Brad.Harvey@ nrc.gov>
Subject:
RE: FOIA/PA-2016-00725 Action Item/Instructions Review of Referred Records
Dear Margo,
Glad I can be of assistance. (b)(5) This closes my requested action on FOIA/PA-2016-00725. Also, I responded to FOIA-2016-00731 earlier today and closed all know actions. Therefore, I'm not aware of any outstanding FOIA actions at this time. However, feel free to contact me if you require any additional assistance.
Regards, Chris From: Stevens, Margo Sent: Monday, January 30, 2017 2:27 PM To: Cook, Christopher <Christopher.Cook@nrc.gov>
Cc: Correa, Yessie <Yessie.Correa@nrc.gov>
Subject:
FW: FOIA/PA-2016-00725 Action Item/Instructions Review of Referred Records Chris, thank you for your email about ML112430114, which was tlhe final version of the July 2011 Screening Analysis Report associated with Gl-204. There is only one other document for which NRO's views are requested. (b)(5) 3
I certainly do appreciate your assistance!
Ma:1-yo L Stevens
.TOI.Jl .J\:na(ysl/'T'eam £eaaer (Contractvr) OCIO/fj I:.1\1S/'lJ.r.:er Services&J"Ol.'A/'Priv a.cy 'Bran cli
'U.S. :Nil.dear 'Regu(atory Comm issi<m ll54s 1iucli.vif{e Pili,~, :Mai(Stoy T-:l_'f7 1lockvtae, :Ma.ry (and"20855 1e/.eyfwne #: (301) 4z5-8148 From: Stevens, Margo [9]
Sent: Thursday, January 19, 2017 1:56 PM To: NRO_ FOIA Resource <NRO FOIA.Resource@nrc.gov> Cc: Correa, Yessie <Yessie.Correa@nrc.gov>; Kauffman, Lisa <Lisa.Kauffman@nrc.gov>; Warner, Deanna <Deanna.Warner@nrc.gov>; Stevens, Margo <Margo,Stevens@nrc.gov>
Subject:
FOIA/PA-2016-00725 Action Item/Instructions Review of Referred Records A referral for FOIAIPA-2016-00725 is being assigned to NRO on January 19, 2017. The due dale is February 2, 2017, whlch is ten (10) working days from the date of this e-mail. The action needing to be taken: (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 Margo Stevens, who can be reached at 301-415-8148. or Mw:go.Stevensftilnrc,J!oV. Thank you. 4
From: foia@regulatioos gov To: RjdsNrrMai!Cen ter Resource
Subject:
[External_Sender) FOIA Assignment for Review for Req uest NRC-2016-000731 Date: Thursday, January 18, 2018 12 :06:44 PM Your office has been assigned FOIA request task - Review. Additional details for this item are as follows :
Tracking Number: NRC-2016-000731

Requester: Lucas Hixson

Request Track: Complex

Assigned By: Margo Stevens

Submitted Date: 01/18/2018

Due Date: 01/31/2018
Description:
Each of your offices received a Form 496A refenal package yesterday, asking that you provide your disclosure recommendations on certain records compiled by the OIG as part of investigation Cl3-055 . This "alert" is solely to allow measurement of the program office metrics.
From: Kauffman Ljsa The 1st attachment consists of records that To: Cruz Holly will be addressed in multiple FOIA requests, Subject : ACTION: 2016-0731: Release Determination due by Januar y 30, 2018 including your NRC-2018-000096 (item 92). Date: Thursday, January 18, 2018 9:47:18 AM The 2d attachment appears earlier in this Attachments: Refer to NRR (ARB) C13-055 Docs.odf FOIA Exemotions Commonlv used bv NRC.dOCl\ released set of records. Importance: High Good Morning Holly, The attached Allegation Review Board Briefing and Meeting Summary was referred to NRR from OIG for release determination as part of FOIA 2016-0731. Trent suggested this should be assigned to OLP. Please have staff review the record and respond to me w ith the release determination by COB on January 30, 2018. Let me know if you have any questions. Thank you , LiMv K ~, FOIA CotJr~ Reactor Information Services Branch Division of Mission and Program Support Office of Nuclear Reactor Regulation 301-415-8199 / FOIA CAG: ZFOOOO From: Stevens, Ma rgo Sent: Thursday, Jan uary 18, 2018 9:16 AM To: Kauffma n, Lisa <Lisa .Ka uffma n@nrc.gov>
Subject:
RE : 2016-0731 Here's an electronic version. I'll need to double check; I would have only sent the "alert" notification that you receive from FOIA Online, since I used the Form 496A referral form for the package. Did you not get the email through FOIA Online? I did about a dozen referral packages yesterday so maybe I forgot to do the FOIA Online alert. ...
M.argo L Stevens J'OI.'A. .'A.na(yst/'leam Lead'er (Contractor)
OCIO/(j'EJvlS/Information Services 'Brandi 'U.S. :Nudear Regu(atory Commission 11545 'Rockv1((e 1Jdie, Jvlai{ Stoy '1-2)"7 1~ockvi{(e, Jvla ry(ana 20852
Te[eyfwne #: (301) 415-8148 From: Ka uffman, Li sa Sent: Thursday, January 18, 2018 8:55 AM To: Stevens, Margo <Margo Steyens@nrc gov>
Subject:
2016-0731 Hi Margo, Can you send me an electronic copy of the OIG record that was left on my desk? I also don't recall seeing a tasking for this.
Thanks, L~ ! < . ~ , FOfA Co-or~
Reactor Information Services Branch Division of Mission and Program Support Office of Nuclear Reactor Regulation 301-415-8199 / FOIA CAC: ZF0000
From: Cruz Houy To: Kauffman Lisa Subject : DLP/PFPB Response: 2016-0731: Release Determination due by January 30, 2018 Date: Monday, January 22, 2018 1 :06:07 PM Attachments: image002.jog Importance: High Hi Lisa, El(5) fPlease let me know if you need anything additional. Thanks, Holly Holly Cruz, Technical Assistant Division of Licensing Projects Office of Nuclear Reactor Regulation Phone: (301) 415-1053 Location: 012F12 M/S: 012E1 email: ~bP - ;RIY~l*c=ru- z....@
...,. - r.,,.r....-Q..,.O~Y From: Kauffma n, Lisa Sent: Thursday, Ja nuary 18, 2018 9:47 AM To: Cruz, Holly <Holly,Cruz@nrc gov>
Subject:
ACTION: 2016-073 1: Release Determination due by January 30, 2018 Importance: High Good Morning Holly, (b)(5) Please have staff review the record and respond to me with the release determination by COB on January 30, 2018. Let me know if you have any questions.
Thank you, LiMJ.., K ~1 FOIA Co-or~ Reactor Information Services Branch Division of Mission and Program Support Office of Nuclear Reactor Regulation 301 -415-8199 / FOIA CAC: ZF0000 From: Stevens, Margo Sent: Thursday, January 18, 2018 9:16 AM To: Kauffman, Lisa <Lisa Kauffman@nrc gov>
Subject:
RE : 2016-0731 Here's an electronic version. I'll need to double check; I would have only sent the "alert" notification that you receive from FOIA Online, since I used the Form 496A referral form for the package. Did you not get the email through FOIA Online? I did about a dozen referral packages yesterday so maybe I forgot to do the FOIA Online alert. ... Margo L Stevens J'OI:A :Ana(yst/Team Leaaer (Contractor) OUO/(j'I:MS/Informalwn Services 'Branen 'U.S. :Nudear 1{egu(alory Commission 11545 'Roclivi((e 'Pike, :Mai( Stoy T-2:[7 Rocli.viffe, :Mary(and.20852 Te(eyfione #: (301) 415-8148 From: Kauffman, Lisa Sent: Thursday, Ja nuary 18, 2018 8:55 AM To: Stevens, M argo <Margo Steyens@nrc gov>
Subject:
2016-0731 Hi Margo, Can you send me an electronic copy of the OIG record that was left on my desk? I also don't recall seeing a tasking for this.
Thanks, L iMJ.., K ~1 FOIA Co-or~
Reactor Information Services Branch
Division of Mission and Program Support Office of Nuclear Reactor Regulation 301 -415-8199 / FOIA CAC : ZF0000
The 1st attachment reflects the internal deliberations as to the manner in which the records should be processed and, accordingly, is withheld in its entirety From: Kauffman Ljsa under FOIA exemption 5. The records To: Smith Ashley (as ultimately processed) are addressed Cc: Davidson Evan
Subject:
FW: FOINPA-2016-00731 Action Item/Instructions Review of Referred Records in multiple FOIA requests, including Date: Thursday, July 06, 201 7 10:1 1 :00 AM interim response# 16 to NRC-2016-Attachments: Oconee docs to ireview odf 000731. The second attachment fQIA Exemotjons commonly used by NBC docx appears earlier in this released set of

1 records.

Hi Ashley, I sent this to Evan yesterday and he told me that DE and DSS would be the technical divisions to evaluate the highlighted portions of this record. Can you work with DE to decide which portions fall under DSS vs. DE? Release determinations are due back to me by July 1?1h.
Thanks, Lisa From: Kauffma n, Lisa Sent: Wednesday, July 05, 2017 10:16 AM To: Davidson, Evan <Evan.Davidson@nrc.gov>
Subject:
FW: FOIA/PA-2016-00731 Action Item/Instruct ions Review of Referred Records Hi Evan, (b)(5) determination is due back to me by July 17m_ Let me know if you have any questions.
Thanks, Lisa From: Stevens, Margo [mailtowargo steveos@nrc gov]
Sent: Monday, Ju ly 03, 2017 1:32 PM To: Rids NrrM ailCenter Resource <RidsNrrMaj !Center Resource@nrc gov> Cc: Ka uffman, Lisa <Lisa Kauffmao@orc gov>; Stevens, Margo <Margo Steveos@nrc gov>
Subject:
FOIA/PA-2016-00731 Actio n Item/Inst r uctions Review of Referred Records A referral for FOIA/PA-2016-00731 is being assigned to NRR on July 3, 2017. Happy Fourth of July!! The due date is July 17, 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 dete1mination/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; 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 Margo Stevens, who can be reached at 301-415-8148. or Margo.Stevens@nrc.gov. Thank you.
From: Wertz Trent To: Kauffman Lisa Subject : RE: 2016-0731 Date: Thursday, January 18 , 2018 9:42:15 AM DLP From: Kauffma n, Lisa Sent: Thursday, Jan uary 18, 2018 9:39 AM To: Wertz, Trent <Trent.Wertz@nrc.gov>
Subject:
FW: 2016-0731 Hi Trent, The attached Allegation Review Board Briefing was referred to NRR from OIG. Should this go to DIRS?
Thanks, Lisa From: Stevens, Margo Sent: Thursday, Jan uary 18, 2018 9:16 AM To: Kauffma n, Lisa <Lisa.Kauffman@nrc.gov>
Subject:
RE: 2016-0731 Here's an electronic version . I'll need to double check; I would have only sent the "alert" notification that you receive from FOIA Online, since I used the Form 496A referral form for the package. Did you not get the email through FOIA Online? I did about a dozen referral packages yesterday so maybe I forgot to do the FOIA Online alert. ... Jvlargo L Stevens .'fOI.'A .J\na(yst/Team Lead'er (Contractor) OCIO/(j1"Jvt.S/Information Services 'Brandi 'U.S. Nudear 1"?.egu(atory Commusion 115451{ocfivi({e 11 ifie, Jvtai{Stoy T-2]°7 'Rock.vi{(e, Jvt.ary(ana 20852 'Je{eyfwne #: (301) 415-8148 From: Kauffman, Lisa Sent: Thursday, Ja nuary 18, 2018 8:55 AM To: Stevens, Margo <Marno.Stevens@nrc.gov>
Subject:
2016-0731 Hi Margo, Can you send me an electronic copy of the OIG record that was left on my desk? I also don 't recall seeing a tasking for this.
Thanks, LWJ.-, K ~ , FOf A Co-or~
Reactor Information Services Branch Division of Mission and Program Support Office of Nuclear Reactor Regulation 301-415-8199 / FOIA CAC: ZF0000
From: Wertz Trent To: Kauffman Lisa Subject : RE: FOIA/PA-2016-00731 Action Item/Instructions Review of Referred Records Date: Wednesday, July 05, 2017 10:10:32 AM DE From: Kauffma n, Lisa Sent: Wednesday, July 05, 2017 10:05 AM To: Wertz, Trent <Trent.Wertz@nrc.gov>
Subject:
FW: FOIA/PA-2016-00731 Action Item/Instructions Review of Referred Records Hi Trent, Which division could review the highlighted portions of this document? Thanks, Lisa From: Stevens, Margo [mai!to:margo.steveos@orc.gov] Sent: M onday, July 03, 2017 1:32 PM To: Rids NrrMailCenter Resource <RidsNrrMailCenter Resource@nrc gov> Cc: Kauffman, Lisa <Lisa Kauffmao@orc gov>; Stevens, Margo <Margo Stevens@nrc gov>
Subject:
FOIA/PA-2016-00731 Action Item/Instructions Review of Referred Records A referral for FOIA/PA-2016-0073 1 is being assigned to NRR on July 3, 2017. Happy Fourth of July!! The due date is July 17, 2017. which is ten ( 10) working days from the date of this e-mail. The action needing to be taken: _ _ Provide your o ffice's conc urre nce or non-concurrence in the originating office's recomme ndations for disclosure or withholding of each record; or _ x_ Provide a disclosure determination/recommendation for each record that was identified by another office as a record for which your oflice is responsible and which is subject to this request; or _ _ Provide a disclosure dclennination/recommendation for each record that was referred to the NRC for review o r 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 Margo Stevens, who can be reached at 301-415-8148. or Margo Stevens@nrc gov. Thank you.
From: Kauffman Ljsa To: Davidson Evan: Smith Ashley Subject : RE: FOIA/PA-2016-00731 Action Item/Instructions Review of Referred Records Date: Thursday, July 06, 2017 10:30:00 AM This was her response: (b)(5) From: Davidson, Evan Sent: Thursday, Ju ly 06, 2017 10:24 AM To: Kauffma n, Lisa <Lisa.Ka uffma n@nrc.gov>; Sm it h, Ashley <Ashley.Smith@ nrc.gov>
Subject:
RE: FOIA/PA-2016-00731 Action Item/Instructions Review of Referred Records
Thanks, Evan From: Kauffma n, Lisa Sent: Thursday, Ju ly 06, 2017 10:11 AM To: Smit h, Ashley <Ashley Smjth@nrc gov>
Cc: Davidson, Eva n <Evan Davjdson@nrc gov>
Subject:
FW: FOIA/PA-2016-00731 Action Item/Instructions Review of Referred Records Hi Ashley, I sent this to Evan yesterday and he told me that DE and DSS would be the technical divisions to evaluate the highlighted portions of this record. Can you work with DE to decide which portions fall under DSS vs. DE? Release determinations are due back to me by July 1?1h.
Thanks, Lisa From: Kauffman, Lisa Sent: Wednesday, July 05, 2017 10:16 AM To: Davidson, Evan <Evan Davidson@nrc gov>
Subject:
FW: FOIA/PA-2016-00731 Action Item/Instructions Review of Referred Records Hi Evan, (b)(5) Let me know if you have any questions.
Thanks, Lisa From: Stevens, Margo [mailto:margo steveos@nrc.gov)
Sent: M onday, July 03, 2017 1:32 PM To: Rids NrrMailCenter Resource <RidsNrrMai lCenter.Resource@nrc.gov> Cc: Kauffman, Lisa <Lisa.Kauffman@nrc.gov>; Stevens, Margo <Margo.Stevens@nrc.goy>
Subject:
FOIA/PA-2016-00731 Action Item/Instructions Review of Referred Records A referral for FOIA/PA-2016-00731 is being assigned to NRR on July 3, 2017. Happy Fourth of July!! The due date is July 17, 2017, which is ten ( 10) working days from the date of this e-mail. The action needing to be taken: _ _ Provide your office's conc urrence 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 that was identified by another office as a 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 Margo Stevens, who can be reached at 301-415-8148. or Margo.Stevens@nrc.gov. Thank you.
From: Davidson Evan To: Kauffman Lisa Cc: Stevens Margo
Subject:
RE: FOIA-2016-0731 (and others) Date: Thursday, November 02, 2017 5:42:54 PM Hi, Sorry, I'm not qu ite following the request. ML1536A158 returns no results w hen I search in ADAMS. l(b)(5) Evan From: Kauffman, Lisa Sent: Thursday, Novem ber 02, 2017 3:39 PM To: Davidson, Evan <Eva n.Davidson@nrc.gov> Cc: Stevens, Margo <Margo.Stevens@n rc.gov>
Subject:
FW: FOIA-2016-0731 (a nd others) Importance: High Hi Evan, You were the last one to make determinations on this FOIA (see attached). Can you help Margo?
Thanks, Lis From: Stevens, Margo Sent: Thursday, Novem ber 02, 2017 1:38 PM To: RidsNrrMailCenter Resource <RidsNrrMai lCenter.Resource@nrc.gov>
Cc: Kauffman, Lisa <Usa.Kauffman@nrc.gov>
Subject:
FOIA-2016-0731 (and others) Importance: High Lisa, I see that you are out until Monday, but perhaps someone is monitoring the resource mailbox for FOIA-related matters that are somewhat time-sensitive. (b)(5)
(b)(5)
M.argo L Stevens

fOI..'A .'Ana{yst/Team Leader (Contractor)
OCIO/(j'E:M.S/Information Services 'Brandi 11.S. :Nudear 'Regufatory Commission 11545 'Rocli.vi((e Tili.e, :Mai{ Stoy 'I'-2:f7 'Rocli.viffe, :M.aryfana 20852 'J'e{e_plione #: (301) 415-8148
From: Davidson Evan To: Kauffman Lisa: Stevens Margo: Uribe Juan Subject : RE: FOIA-2016-0731 (and others) Date: Tuesday, November 07, 2017 1 :56:33 PM I don't have t he background on this document to make a determination on its release. Juan and Randy Hal l are POC's in the document so I wou ld rely on t hem. From: Kauffma n, Lisa Sent: Tuesday, November 07, 2017 1:07 PM To: Stevens, Margo <M argo.St evens@nrc.gov>; Uribe, Juan <Juan.Uribe@nrc.gov> Cc: Davidson, Eva n <Eva n.Davidson@nrc.gov>
Subject:
RE : FOIA-2016-0731 (and others) Ok, I've attached that email with the document. Juan, I know you are on rotation, do you (or Evan) know who can make the call on this? From: Stevens, Ma rgo Sent: Tuesday, November 07, 2017 1:02 PM To: Kauffman, Lisa <Lisa Kauffman@nrc.gov>; Uribe, Juan <Juan.Urjbe@nrc.gov> Cc: Davidson, Eva n <Evan.Davjdsoo@nrc gov>
Subject:
RE: FOIA-2016-0731 (and others) (b)(5) .11-'largo L Stevens J'OI.'A .'Ana(yst/'leam Leader (Contractor) OCIO/(j'EJvtS/Informat ion Services 'Brancfi 'I.LS. Nudear negufotory Commission 11545 'RocRvi((e 'PiRe, Jvtai{ Stoy 'T-2:f7 'Rocfi.v ill'e. Jvta ry(and' 20852 'J'e{eyfwne #: (301) 415-8148 From: Kauffma n, Lisa Sent: Tuesday, November 07, 2017 12:38 PM To: Uribe, Jua n <Juan.Uribe@nrc.gov> Cc: Stevens, M argo <Margo Stevens@nrc gov>; Davidson, Evan <Evan Davjdson@nrc gov>
Subject:
RE: FOIA- 2016-0731 (and others)
Hi Juan, You are listed as the contact person for ML15356A158. Do you have any objection to the record being made public? If not, do you mind contacting ADAMS IM and having it be made public/declared? Here's a link to the document: Yiew ADAMS Properties ML I5356A I58 Open ADAMS Document <Oconee Station, Units I, 2, and 3 (NON-PUBLIC}- Staff Assessment of Response to Request for Information Pursuant to I0CFR 50,54(f) Flood-Causing Mechanisms Reevaluation (TACs MF1012 MF1013 and MFI014).)
Thanks, Lisa From: Stevens, Margo Sent: Tuesday, November 07, 2017 12:12 PM To: Kauffman, Lisa <Lisa Kauffman@nrc gov>; Davidson, Evan <Evan Davidson@nrc gov>
Subject:
RE: FOIA- 2016-0731 (and others) (b)(5)
Margo L Stevens JOI..71. .J\na(yst/Team Leader (Contractor)
OCJO/(i'EJvtS/Information Services 'Brandi 'U.S. Nudear 'Regu{atory Commission 11545 'R.ocl?.vi{(e 'P1!?.e, Jvlai{Stoy T-2:J7 'R.ockvi((e, Jvtary(ancf 20852 Te{eyftone #: (.w1) 415-8148 From: Kauffman, Lisa Sent: Thursday, November 02, 2017 3:39 PM To: Davidson, Evan <Evan Davjdson@nrc gov> Cc: Stevens, M argo <Margo Stevens@nrc gov>
Subject:
FW: FOIA-2016-0731 (and others) Importance: High Hi Evan,
You were the last one to make determinations on th is FOIA (see attached). Can you help Margo?
Thanks, Lis From: Stevens, Margo Sent: Thursday, November 02, 2017 1:38 PM To: Rids NrrM ailCenter Resource <RjdsNrrMailCenter Resource@nrc ~ov>
Cc: Kauffman, Lisa <Lisa Kauffman@nrc.~ov>
Subject:
FOIA-2016-0731 (a nd others) Importance: High Lisa, I see that you are out until Monday, but perhaps someone is monitoring the resource mailbox for FOIA-related matters that are somewhat time-sensitive. (b)(5)
Mar-go.£. Stevens JOI.'A .'Ana(yst/'Team £.eaaer (Contractor)
OCIO/(j'EJvt.S/Informal ion Services 'Brandi 'U.S. :Nudear 'ReguCatory Commission 11545 'RockvU(e 'Pike, Jvt.ai{ Stoy 'T"-2:f7 1wckvi((e, Jvt.aryfancf 20852 'T'e(eyfione #: {301) 415-8148
NRCFORM~11 ( 11-2015)
/¥.\ \,.....~) PROGRAM OFFICE RESPONSE TO A FOIA REQUEST U.S. NUCLEAR REGULATORY COMMISSION TO: Government Information Specialist FOIA, Privacy & Information I Margo Stevens Collections Branch (FPIB) I FROM: FOIA Coordinator I Kristy Remsburg, Office of the Secretary I
SUBJECT:
FOIA-I 2016-0725 I 0 to this request? (Check only one). Section 1. Is this a partial or final response Section 2. DISCLOSURE RECQMMENDATIQN: How do you recommend the responsive records be handled? (Check all that apply). No records subject to the request. Records already publicly available. Group Records to have ADAMS profile changed to public. Group 0 Records to be released or withheld. Group A Records that have to be referred. Group D Ongoing investigation - NRC Form 656, Exemption 7(A) Certification,
. attached.
Note: An e-mail, with its attachment(s), is considered one record and should not be broken apart when you're assembling groups. Section 3. PERSONAL RECORDS: Did anyone in your office identify personal records that pertain to this request? If so, make sure the employee completes NRG F,orm 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.g ov 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 rurt find that the Information recommended to be withheld has been publicly released by theNRC. [ZJ Section 6. 121SCBETIONARY RELEASE/FORSEEABLE HARM DETERMINATION: IZ] We are recommending that exemption 2 and/or exemption 5 be claimed for certain records (or information within records) and a particularized harm statement, signed by the Office Director or delegate, is attached. D We are making a discretionary release. Briefly describe the records (or information within records) for which such discretion was made. Group A - Record will be continued to be withheld in full - EX. 5 Deliberative Process. The record will be retained in SECY's files. NRC FORM 511 (11-2015) Page 1 of 2
NRC FORM 511 U.S. NUCLEAR REGULATORY COMMISSlpN (11-2015) PROGRAM OFFICE RESPONSE TO A FOIA REQUEST (Continued)
SUBJECT:
FOIA - I...._ ________2 _0_1_6_-0_7_2_5_ _ _ _ _ __ ___;1 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 publi~ availability? Section 8. .EEE.S.;. 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, including the exemption(s) that should be claimed. (Attach separate pages, if needed). NRC FORM 511 (11 -2015) Page 2 of2
(b)(5) From: Stevens, Margo Sent: Wednesday, December 21, 2016 2:28 PM To: Dennis, Suzanne *
Subject:
The "Group of 12 FOIA's" (FOIA-2016-07D) Hi Suzanne. Hope all is well." Sorry I wasn't able to join you for yesterday's meeting regarding the group of 12 FOIA requests submitted by Criscione and others for the records he added to ADAMS and others .... (b)(5) Not sure your schedule given the holiday season, but I would like to try to get the ball rolling on these docs. Thanks - and happy holidays!
Marf)o L. Steve-ns JOI.I'\ .J.\n.a(yst/ 'I'ea.m Lea.der (Contra.ctor)
OC[()/CSV / f'PI'B 'll.S. .Nuclear 1~etJUCatory Cmnm.ission 1
11545 'Ror.k:vilfe 'Pik.c, :M.a.i(Slop '1-2:f'7 'Rockville. :Mary(and-20855 . J£dcpli<me #: {.,01) 415*8t48 2
From: FOIA Resource Sent: Thursday, September 29, 2016 9:14 AM To: Stevens, Margo
Subject:
FW: FOIA/PA-2016-00725 Action Item/Instructions Search for Records in Perfected Request Attachments: RE: Friendly Reminder RE: FOIA/PA-2016-00725 Action Item/Instructions Search for Records in Perfected Request; 496 forr FOIA.2016.725.pdf Importance: High FYI
~~
FOIA Analyst (Contractor) OCIO/CSD/FPIB U.S. Nuclear Regulatory Commission Location: T-SF18 I Mailstop: T-SF09 W 301-415-5616 ~ Tina.Ennis@nrc.gov From: NRO_FOIA Resource Sent: Thursday, September 29, 2016 9:13 AM To: FOIA Resource <FOIA.Resource@nrc.gov> Cc: NRO_FOIA Resource <NRO_FOIA.Resource@nrc.gov>; foia.resource@nc.gov
Subject:
RE: FOJA/PA-2016-00725 Action Item/Instructions Search for Records In Perfected Request Importance: High Good Morning Margo, Please see attached e-mail from Chris Cook with his review and release determination. Also, attached is the form NRC #496 this closes this action for NRO Thanks, NRO FOIA Team Yessie From: Stevens, Margo [mailto:foia.resource@nrc.gov) Sent: Tuesday, September 20, 2016 12:08 PM To: NRO_FOIA Resource <NRO FOIA.Resource@nrc.gov>; RidsNrrMailCenter Resource <RidsNrrMailCenter.Resource@nrc.gov> Cc: Correa, Yessie <Yessie.Correa@nrc.gov>; Kauffman, Lisa <Lisa.Kauffman@nrc.gov>; Stevens, Margo <Ma rgo.Stevens@nrc.gov>
Subject:
FOIA/PA-2016-00725 Action Item/Instructions Search for Records in Perfected Request Offices Assigned Action on September 201 2016: NRO;NRR The requester has either agreed to pay the estimated fees, or has provided an advance payment, or there are no billable fees. The request is now considered "perfected." Please provide the Government lnformation Specialist, who is named below, with the responsive records on or before October 3, 2016, which is ten ( 10) working days from the date of this e-mail. l
The Government lnfonnation _Specialist for this request is Margo Stevens, who can be reached at 301-415-8148 or Margo.Stevenslalnrc.V,Ov, (b)(5) The FOIA request should be processed in accordance with the standard instru1,1ions (How to Respond to a FOIA Request) at ML16123A164. NRC Fonn 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 challenging the adequacy of the search, please also have each member of your staff who conducts a search complete NRC Fonn 51IA, "Documentation of a FOIA Search," which is also available in the NRC Fonns 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 of the completed NRC Forms 51 IA along with the NRC Form 511 you return to the assigned specialist. Alternatively, you may complete the NRC Form 51 IA on behalfof your office, based upon the descriptions ofsearches 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 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 B ) ~ ! : f ~r.£,gQY, as well as the assigned specialist. Thank you. 2
From: Cook, Christopher Sent: Wednesday, September 28, 2016 5:56 PM To: NRO_FOIA Resource Cc: Devlin*Gill, Stephanie; Jardaneh, Mahmoud; Coates, Anissa; Campbell, Andy
Subject:
RE: Friendly Reminder RE: FOIA/PA*2016-00725 Action Item/Instructions Search for Records in Perfected Request Yessie, I reviewed the following document: Open ADAMS PS Document {Template for Staff Assessment of Response to 10 CFR 50.54{0 Information Request - Flooding Mechanisms.) (b)(5) Hopefully this sufficiently answers your request. Regards, Chris From: Correa, Yessie Sent: Tuesday, September 20, 2016 12:51 PM To: Spence, Jane <Jane.Spence@nrc.gov> Cc: Devlin-Gill, Stephanie <Stephanle.Devlin-Gill@nrc.gov>; Jardaneh, Mahmoud <Mahmoud.Jardaneh@nrc.gov>; Cook, Christopher <Christopher.Cook@nrc.gov>; NRO_FOIA Resource <NRO FOIA.Resource@nrc.gov>; Coates, Anissa <Anissa.Coates@nrc.gov>
Subject:
FW: FOIA/PA*2016*00725 Action Item/Instructions Search for Records in Perfected Request Importance: High Offices Assigned Action on September 20, 2016: NRO;NRR ACTION: FOIA/PA-2016-00725 - Review of document #10 on the attached - View ADAMS P8 Properties ML13218Al50 Open ADAMS P8 Document {Template for Staff Assessment of Response to 10 CFR 50.54( I) Information Request - Flooding Mechanisms.) NOTE from the FOIA specialist (Margo Stevens): (b)(5) 1
Due date: 9/29/16, NLT 3:00pm (via e-mail to the NRO_FOIA Resource). NRC Form 496, "Report of Staff Resources for Processing FOIA Request" is available in the NRC Forms Library for your use. For reporting purposes, the time expended on estimates, search, and review should be charged to TAC ZFOOOO
N'RO jOJ.:A 'I'eam Yessie Correa - FOIA Coordinator - I ii7'l E-mail: Yessie.Correa@nrc.goy I Office: (301) 415-6522 I Anissa Coates - Backup FOIA Coordinator - I i: .~ E-mail: Anissa.Coates@nrc.goy In Office: (301) 415-5812 I 2
NRC FORM -496 ,....*-..., U.S. NUCLEAR REGULATORY COMMISSION Office FOIA Number {~ i (01-2015)
. \ ...../
REPORT OF STAFF RESOURCES FOR PROCESSING FOIA REQUESTS I NRO 11 2016-0725 I SEARCH-* Time spent by any staff member jggking for material subject to a request, either mamrally or by automated means, lnduding time spent In page-by-page or line-by line identif,cation of responsive material within records. REVIEW** Time spent by any staff member during the initial ex_arnlnJ!iQo of a record to determine whether Information may be withheld, induding the time spent preparing a record for release (e.g., bracketing), but not lndudlng any time spent resolving general legal or policy Issues about whether to apply a partlcular exemption. COMPUTER-- Wien a computer search is required and a printout or a disk or tape copy of a computer file is produced, report time spent by (1) the NRC employee who conducts the search in the appropriate category below or (2) the contractor's acl.uiJ charge to the NRC when necessary. If NRC Is providing a disk or tape, report the Central Processing Unit (CPU) processing costs and the cost of the disk or tape under "COMPUTER COSTS." Report 61.L time spent. (Show exact Ume In hours and minutes.) CLERICAL RESOURCES (Grades 1-10) NAME SEARCH REVIEW HOURS MINUTES HOURS MINUTES I I I I I I I I TOTAL I I PROFESSIONAUMANAGERIAL RESOURCES (Grades 11-15) SEARCH REVIEW NAME HOURS MINUTES HOURS MINUTES I I II I I I I 11 I I I II I II I II I TOTAL I I II I SES/COMMISSIONER RESOURCES SEARCH REVIEW NAME HOURS MINUTES HOURS MINUTES lchris Cook . , I I 1.00 I I I I I I I I I I I I I TOTAL I I 1.00 I COMPUTER COSTS CONTRACTOR COST DISKS TAPES OTHER COSTS
#OF HOURS COST PER HOUR #OF DISKS COST PER DISK #OF TAPES COST PER TAPE (SPECIFY) TOTAL I II 11 11 II 11 11 I I
FOIA COORDINATOR II II SIGNATURE II IIDATE I NRC FORM 496 (01-2015) Page 1 of 1
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i11,<;0 (.,M-<., #",. (b)(5)
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NRC FORM 464 Part I U.S. NUCLEAR REGULATORY COMMISSION FOIA RESPONSE NUMBER (12-2015) .,.... ......
!¥1 ~ '.\ RESPONSE TO FREEDOM OF I 2016-0723 11 I
I
\ 1 INFORMATION ACT (FOIA) REQUEST
RESPONSE
*ot,. ....
TYPE INTERIM 0 FINAL REQUESTER: DATE: lnarth Vader DESCRIPTION OF REQUESTED RECORDS: 11 DEC 2 1 ~6 I IML16236A0!9 (video) I PART I. - INFORMATION RELEASED Agency records subject to the request are already available 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 deter mination and direct response to you. We are continuing to process your request. 0 See Comments. PART I.A - FEES AMOUNT* II You will be billed by NRC for the amount risted. 0 None. Minimum fee threshold not met.
$ II 0.00 *see Comments for details You will receive a refund for the amount listed. Fees waived.
PART I.B - INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE D We did not locate any agency records responsive to your request. N ote: Agencies may treat three discrete categories of law enforcement and national security records as not subject to the FOi.A ("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. 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. D You may appeal this final determination within 30 calendar days of the date of this response ~ending a letter or email to the FOIA Officer, at U.S. Nuclear Regulatory Commission, Washing1on, D.C. 20555-0001, or l&B~SQYIJ;e.@nrJ..gQ.\!.., Please be sure to include on your letter or email that it is a "FOIA Appeal." PART I.C COMMENTS ( Use attached Comments continuation page if required) In conformance with the FOIA Improvement Act of 2016, the NRC is informing you that you have the right to seek assistance from the NRC's FOIA Public Liaison . The responsive record (video) is enclosed. Since the date of your request, ML16236A019 has been removed from ADAMS. However, because the NRC was abl e to locate th.is record by that accession number when your request was received, we have processed th e record. SIGNATURE - FREEDOM OF INFORMATION ACT OFFICER DISTRIBUTION !Nina .'Argent, .'Acting IIREs I OFFICE ACTION OFFICER FOIA OFFICER [Z] PUBLIC ADAMS NAME K.Danoff ~~ N A r g e ~ .... NON-PUBLIC ADAMS DATE 12/21/2016 I-? /'-, .,/ It; NRC Form 464 Part I (12-2015) I, l i Page 1 of 2
From: Kauffman Lisa To: Wertz Trent Subject : RE: FOIA/PA-2016-00727 Action Item/Instructions Search for Records in Perfected Request
~------------------~
Date: Thursday, September 15, 2016 1o:37:oo AM The attached record (as ultimately processed) is addressed _ _ _ _ _ML Attachments: _ . - *- - - - - - - - - 1 *1n responses to muIf1pIe requests, *incIud'1ng 1 _16236A021.odf ___ *ntenm response # 5 to your NRC-2018-000096. This response is Hi Trent, publicly available in ADAMS as ML20288A415. The video and e-mail that I sent you on Tuesday have been removed from ADAMS . OCIO is working on getting us an electronic copy of the video. For now, I have attached a copy of the e-mail we have been tasked with reviewing. Thanks, Lisa From: Kauffma n, Lisa Sent: Tuesday, September 13, 2016 2:12 PM To: Wertz, Trent <Trent.Wert z@nrc.gov>
Subject:
FW: FOIA/PA-2016-00727 Action Item/Instructions Search for Records in Perfected Req uest Importance: High Hi Trent, NRR is being asked to review only the first 2 records in the attached FOIA rea11Pc::t ::inrl tn provide a release determination-/ (b)(5)
Release determinations are due back to me by Monday, September 26th . Let me know if you have any questions, or if I should send this to someone else.
Thanks, Lisa Lisa Kauffman, FOIA Coordinator NRR/PMDA/ITIB 301 -415-8199 FOIA CAC: ZF0000 From: Stevens, Margo [mailto*foja resource@nrc gov]
Sent: Tuesday, September 13, 2016 1:28 PM To: RidsNrrMailCenter Resource <RidsNrrMai lCenter.Resou rce@nrc.gov> Cc: Kauffman, Lisa <Usa.Kauffman@nrc.gov>; Stevens, Margo <Margo.Steveos@nrc.gov>
Subject:
FOIA/PA-2016-00727 Action Item/Instructions Search for Records in Perfected Request Offices Assigned Action on September 13, 2016: NRR The requester has either agreed to pay the estimated fees, or has provided an advance payment, or there are no billable fees. The request is now considered "perfected." Please provide the Government Information Specialist, who is named below, wjth the responsive records on or before September 26, 2016, which is ten ( 10) working days from the date of this e-mail. The Government Information Specialist for this request is Margo Stevens, who can be reached at 301-415-8148 or Margo Stevens@nrc gov. (b)(5) The FOIA request should be processed in accordance with the standard instructions (How to Respond to a FOIA Request) at ML16123A164. NRC Form 51 1, "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 challenging the adequacy of the search, please also have each member of your staff who conducts a search complete NRC Form 5 11 A, "Documentation of a FOfA Search," which is also available in the NRC 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 of the completed NRC Forms 5 1 lA along with the NRC Form 511 you return to the assigned specialist. Alternatively, you may complete the NRC
Form 51 lA 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 performing adequate ADAMS searches if you have any difficulty 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 FOJA.Resource@nrc.gov, as well as the assigned specialist. Thank you.
From: Dean, Bill Sent: Thursday, June 05, 2014 10:46 AM To: Heinly, Justin; Werkheiser, David; Dodson, Douglas; Perry, Neil; Rich, Sarah; Rutenkroger, Scott Cc: Nieh, Ho; Scott, Michael; Lorson, Raymond; Trapp, James; Lew, David; Bower, Fred; McKinley, Raymond; Schroeder, Daniel; Burritt, Arthur; Dentel, Glenn; Powell, Raymond; Defrancisco, Anne; Warnek, Nicole; Greives, Jonathan; Schmidt, Wayne; Cahill, Christopher; Cook, William; Daun, Travis; Bickett, Brice
Subject:
FW: St. Lucie Jan 9 Reactor Auxiliary Building Flooding Video So in reflecting on this video and the chronology of an actual recent St. Lucie flooding event described below (I am sure that Jon is having some flashbacks from the Susquehanna event a few years ago seeing the water pour out of electrical boxes) that happened earlier this year during a massive rainstorm, I can't help but think about how you have recently identified vulnerabilities at your sites related to flooding protection that have helped to preclude such an event from occurring. Thanks for being vigilant and finding these vulnerable areas so they could be addressed before the incipient event occurs. That would be too late to find out the problem exists. BILL From: Mccree, Victor Sent: Tuesday, May 27, 2014 1:33 PM To: Johnson, Michael Cc: Leeds, Eric; Dean, Bill; Pederson, Cynthia; Dapas, Marc
Subject:
St. Lucie Jan 9 Reactor Auxiliary Building Flooding Video
Mike, Attached , as we discussed, is the video of the St. Lucie Auxiliary Building Flooding event on January 9 ,
2014 . We are completing the SOP on this event and it is likely to be greater-than-green . As I shared during your last Direct Reports meeting, flooding vulnerabilities remain a concern to me ..... Here's a synopsis of what occurred at St. Lucie : o On January 9th , St. Lucie experienced a severe 5-hr rain event between 1400 and 1900, during which
~ 7 inches of rain fell in the area.
o At 1803 hrs, the licensee declared a UE based on HU1 Natural or Destructive Phenomena Affecting Protected Area and , HU1 .5 Visual sightings by station personnel that water levels are approaching storm drain system capacity. o At 1630 Unit 1 entered the AOP for aux building flooding . Storm water was entering the -0.5 ft elevation of the reactor auxiliary building through a conduit that was connected to an electrical box (see gray electrical box in the video). This water intrusion created in 1-2 inches of water on -0.5 ft elevation (~50 ,000 gal) for several hours. o The licensee was able to manage this flooding by periodically cycling remotely operated drain valves that allowed the water to go to the safeguards room (ECCS) sump [note: this action was not included in their flood mitigation procedure]. Storm water stopped leaking from the conduit at~ 2100 hrs. o Portable pumps were installed in both units' condenser pits to remove the water. The B.5.b pump was used to remove water from the Unit 1 condenser pit which had more water to remove . o The licensee determined that flood waters entered the RAB through degraded or missing conduit seals in the open condenser pits. Although water in these pits normally drain to through storm drains to overflow basins south of the plant, the storm water drains backed up, allowing storm water to flood the open condenser pits and enter the Aux Building. [Note: these degraded and missing penetration seals were not identified during the Fukushima walkdowns]. o The licensee removed blockage that allowed the basins to drain to the South overflow basin; established a flow path from the south overflow basin to the retention pond; licensee cleaned out the 36 inch pipe connecting the two. The licensee also opened up a gate valve that drained down the retention pond to the intake. More to come. Vic
From: Wertz Trent To: Kauffman Lisa Subject : RE: FOIA-2016-0727 Date: Tuesday, September 20, 2016 10:31 :03 AM Thanks! From: Kauffma n, Lisa Sent: Tuesday, September 20, 2016 10:28 AM To: Wertz, Trent <Trent.Wertz@nrc.gov>
Subject:
FW: FOIA-2016-0727 Hi Trent, I wanted to let you know the status of this FOIA. Per Margo's e-mail below, she has tasked RI since she discovered that Bill was in RI at the time of the video/e-mail. We do not need to respond to this FOIA. Just let me know if Bill has any objections to his e-mail being released.
Thanks, Lisa From: Stevens, Ma rgo Sent: Friday, September 16, 2016 11:40 AM To: RidsNrrMailCenter Resource <RjdsNrrMailCenter Resource@nrc gov>; FOIAPAR2 Resou rce
<EOIAPAR2 Resource@nrc gov>
Subject:
RE: FOIA-2016-0727 Ladies - thanks for your patience. I've now received a copy of the 22-second video , for your views. And, given the question about the accompanying email - which is between Bill Dean and Vic McCree back in the April-May 2014 time period, I did some digging into their history here at NRC. It looks like Bill Dean was the Regional Administrator, Region I (he became NRR Director later that same year -in October 2014) and Vic Mccree was Regional Administrator, Region II (he became EDO sometime in the Fall of 2015). So - NRR - you may be off the hook! I'll now have to task Region I. Jvt.argo L. Stevens
fOI.Jl .'A.na(yst/'ream £.eaaer (Contractor)
OCIO/CS'.D/:f'PI'B 11.S. :Nudear 1?..egufotory Commisswn 11545 1{ockviffe 'Pike, Jvlai{Stoy '1-2:J7 1wckvi{(e, Jvlary(ana 20855 're{eyhone #: (301) 415-8148
From: Stevens, Margo Sent: Thursday, September 15, 2016 10:34 AM To: Rids Nrr Ma ilCenter Resource <RjdsNrrMailCenter.Resource@nrc gov>; FOIAPAR2 Resource <FO IAPAR2.Resource@nrc.gov>
Subject:
FOIA-2016-0727 Ladies - I am still waiting for RES to get me an electronic copy of the St. Lucie flooding video to share with you. But here's the email in question.
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 September 12, 2016 FOINPA-2016-00723
Dear Mr. Vader:
We received your Freedom of Information Act (FOIA) request on September 12, 2016. Your request, which seeks access to ML#16236A019, has been assigned the following reference number that you should use in any future communications with us about your request: FOIA/PA-2016-00723. To ensure the most equitable treatment possible of all requesters, the NRC processes requests on a first-in, first-out basis, using a multiple track system based upon the estimated time it will take to process a request. Based on your description of the records you are seeking, we estimate completion of your request will be on or before October 11, 2016. Please know that this date rnughly estimates how long it will take us to close requests ahead of yours in the respective track and complete work on your request. The actual date of completion might be before or after this estimate, based on the complexity of all of the requests in the simple track. We will advise you of any change in the estimated time to complete your request. In an effort to process your request promptly, you may wish to narrow the scope of your request to limit the volume of potentially responsive records. For purposes of assessing fees in accordance with our regulations (10 CFR 9.33), we have placed your request in the following category: Non-Excepted. If applicable, you will be charged appropriate fees for: Search and Duplication of Records. A sheet has been enclosed that explains in detail the fee charges that may be applicable. Please do not submit any payment unless we notify you to do so.
- 2 -
The following person is the Government Information Specialist who has been assigned responsibility for your request: Karen Danoff at 301-415-5072 or Karen.Danoff@nrc.gov. If you have questions on any matters concerning your FOIA request, please feel free to contact the assigned Government Information Specialist or me at (301) 415-7169. Sincerely, Step~BUM'\.ey lw Stephanie Blaney Acting FOIA Officer Office of the Chief Information Officer
Enclosure:
Explanation of Fees
EXPLANATION OF FEES Requester Fee Categories Commercial: Fees are charged for document search duplication. and review. when records are requested for commercial purposes. Fees (above the minimum fee charge} cannot be waived for this category of requester. Educational, Non-Commercial Scientific, News Medla and Privacy Act: Fees may be charged only for document duplication when records are not sought for commercial use and the request is made by an Educational or Non-Commercial Scientific lnst~utlon, whose purpose is scholarly or scientific research; or a Representative of the News Media; or a person requesting his/her own records that are in a Privacy Act system of records. No fee Is charged for the first one hundred pages of duplication for this category of requester. Non-Excepted: For any request not described above (Non-Excepted}, fees may be charged for document search and duplication. No fee is charged for the first two hours of search time or for the first one hundred pages of duplication for this category of requester. Fee Schedules Fee schedules provide only for the recovery of the direct costs of search, duplication, or review. Review costs include only the costs for initial examination of a document to determine whether it must be disclosed and to determine whether to withhold portions that are exempt from disclosure. The fee schedule Is as follows: Search & Review Conducted By Rate
! SES/COMMISSIONER $90.53/hour (ES-maximum) 1 PROFESSIONAL $56.36/hour (GG-13, Step 6) t CLERICAL $25.16/hour (GG-7, Step 7)
Du111ication Charges $.20 per page Fees for non-standard search or duplication will be charged at the actual cost (e.g. providing copying of audio tapes or conducting computer searches). Minimum Fee: No fee will be charged unless the fee is equal to or greater than $25.00. When to Pay Fees If we estimate that fees will not exceed $25.00 or you have stated in your request a higher amount that you are willing to pay, we assume your willingness to pay up to $25 or the amount stipulated and you will be billed after we have completed your request. If we estimate that fees will exceed $25.00 or any amount that has been stated by you in your request. we will not proceed with your request until we have notified you and obtained your agreement to pay the estimated fees. If we estimate fees will exceed $250, you will be required to pay the estimated fees in advance before we proceed further with your request. If, while processing your request, we find that the actual fees exceed the estimated fee, we will obtain your consent to pay the additional fees before continuing to process your request. If the actual fees to process your request are less than any advance payment you have made, you will be refunded the overpayment amount. Fee Waivers A waiver or reduction of fees may be granted for furnishing documents if a requester, by fully addressing the eight factors in 10 CFR 9.41, clearly demonstrates that disclosure of the information is in the public interest because it is likely to contribute significantly to public understanding of the operations or activities of the government and is not primarily in the commercial interest of the requester.
personal record Nf<C FORM au P*rt I (OIG) U.S. NUCLEAR REGULATORY COMMISSION FOIA RESPONSE NUMBER
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. .... *~<\
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\¥..... ) INFORMATION ACT (FOIA) REQUEST
RESPONSE
TYPE 0 INTERIM FINAL REQUESTER: DATE: joarth Vader II IMY 0.1 211' 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:llwww.ntc.gov/rfil!ding-rm/foia/c~-foia_,_ntml D 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. 0 See Comments. PART I.A - FEES NO FEES AMOUNT" You will be billed by NRC for the amount listed. Due to our delayed response, you will Minimum fee threshold not met. 11 II You will receive a refund for the amount listed.
*see Comments f01 details Fees waived. not be charged fees.
PART I.B - INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE D enforcement We did not locate any agency records responsive to your request. Note: Agencies may treat three discrete categories of law 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. [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 [Z] 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.Resour~~ Please be D 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 OGI S is available at bttps://ogi.§&chives,gov/abQut-Qgisl!.Qntact::ioformatiJm...!11m PART I.C COMMENTS ( Use attached Comments continuation page if required) This interim response addresses four mor-e of the records enumerated in your request: ML16204A002, ML I62I6A703, MLI 62 I 6A705, and ML I6216A710. Please note that, since the date of your request, these records have been removed from ADAMS. However, because the NRC was able to locate the records by their accession numbers when your request was received, we have processed the records, except as noted herein. [ continued on next page] sm....~ - Ar*-*~-* *-- ~ctor General for Investigations, OIG ~ Ji ..'A. :M.cJvfuunr NRC Form 464 Part I (OIG) (03-2017) I Add CoPtlnUlllon , - I I 0.-. Continuation P*ae I Page 2 of 3
N~C FORM ~4 Part I (OIG) U.S. NUCLEAR REGULATORY COMMISSION FOIA RESPONSE NUMBER (03-2017) RESPONSE TO FREEDOM OF INFORMATION I 2016-0665 11 3 I ACT (FOIA) REQUEST Continued RESPONSE TYPE 0 INTERIM FINAL REQUESTER: DATE: loarth Vader 11 MAY O1 ~7 I PART I.C COMMENTS (Continued) The record you identified as ML16204A002 is a copy of a letter addressed to Inspector General Hubert Bell. It was released in part in response to a prior FOIA request, FOIA-2016-0064. Personally identifiable information (PII) of the third party who submitted the letter was redacted pursuant to FOIA exemption ?(C). We continue to withhold this PII on that basis. The record you identified as ML16216A703 has been determined not to be an agency record. This record consists of three separate records: (I) this Office's Form 464-OIG response to a previous FOTA request submitted by Lawrence Criscione (who has provided a privacy waiver to you); (2) a Memorandum to File that was released in part 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 to the record, presumably by Mr. Criscione, after he received it in response to his FOIA i:-equest. The NRC has not located another copy of the annotated Deel ination Sheet in its records systems. Because these three records were assembled into a single record when Mr. Criscione added them to ADAMS, which you requested in that form, we have considered them as a single record. Accordingly, the record has been determined to be a personal, rather than agency, record and is not subject to the FOJA and has not been processed. The record you identified as MLI 6216A705 is a redacted copy of a memorandum of interview, which was generated during an investigation conducted by the Office oflnspector General (OIG). Please note that 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 request, FOIA-2014-0327, we are providing it to you in this same format as he received it. No redactions have been made to this record in processing it for you. The record you identified as ML16216A710 is an email that transmits an attached letter from Lawrence Criscione to OTG staff, dated January 5, 2014, regarding an audit ofNRC's FOJA process. The identities of third parties (other than Mr. Criscione, in light of the aforementioned privacy waiver), or other FOIA requesters whose requests have been made publicly available in ADAMS) have been redacted on the basis of exemption 6. Portions of the letter that reflect internal deliberations among NRC staff, of which the letter's originator became aware as part of his official duties, have been redacted on the basis of exemption 5. We note that this same redacted deliberative content appears in records responsive to prior requests, FOIA-2015-0018, 2015-0019, and 2015-0020, which are all publicly available in ADAMS. NRC Form 464 Part I (OIG) (03-2017) Page 3 of 3
NRC FORM 46-4 Part II (OIGI U.S. NUCLEAR REGULATORY COMMISSION FOIA (03-2017) 3
\. RESPONSE TO FREEDOM OF I 2016-0665#3 I \¥.i ..... INFORMATION ACT (FOIA) REQUEST DATE:
I 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 classified pursuant to an Executive Order protecting national security Information. Exemption 2: The withheld information relates solely to the internal persoMel rules and practices of NRC. Exemption 3 : The withheld information is specifically exempted from pubUc 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, which prohibits the disclosure of Unclassified Safeguards Information (42 U.S.C. 2167). 0 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 ls a trade secret or confidential commercial or financial Information that Is being withheld for the reason(s) indicated. The information Is considered to be proprietary because ~ 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. [Z] 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. 0 Deliberative process privilege. Attorney work product privilege. Attomey-client privilege. [{] Exemption 6: The withheld information from a personnel, medical, or similar file, Is exempted from public dlsdosure because Its disclosure would result In a clearly unwarranted Invasion of personal privacy. [Z] Exemption 7: The withheld infOfmation consists of records compiled for law enforcement purposes and Is b'elng withheld for the reason(s) indicated. (A) Disclosure could reasonably be expected to interfere with an open enforcement proceeding. 0 (C) Disclosure could reasonably be expected to constitute an unwarranted Invasion of personal privacy. (D) The Information consists of names and other information the disdosure of which could reasonably be expected to reveal identities of confidential sources. (E) Disclosure would reveal techniques ,and procedures for law enforcement lnves.tlgations 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 &afety of an individual. 0 I Other One of the requested records is a personal, rather 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 request.
-- ---- *- .. *- -- TITLE/OFFICE RECORDS DENIED APl'ELI.ATE Ol'FICIAL ED() SECY 1G
- c.- T - - I
--- 1I Assistant Inspector General for I nvestigations, OJGI I3rd party Pl!; deliberations I Josepn " * ,..., **:.._
I 11 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, O.C. 20555-0001 , or FOIA,Beso!,!rc~@rm~.gov. 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: FOIA Resource Sent: Wednesday, February 22, 2017 8:26 AM To: darth.vader.four20@gmail.com Cc: Danoff, Karen
Subject:
FOIA/PA-2016-0665 Interim Response Attachments: Interim Response.pdf ~ - - - - - - - - - - - - - - - - ~ The attached response is publicly available in ADAMS as ML20283A220.
Dear Mr. Vader:
Please find attached NRC's interim response to your FOIA request, FOIA/PA-2016-00665. 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 Mall Stop: T- 5F09 U.S. Nuclear Regulatory Commission Washington, D.C. 20555- 0001 FOIA.Resource@nrc.gov Ph: 301-415-7169 Fax: 301-415-5130
NRC FORM <44' Prt I U.S. NUCLEAR REGULATORY COMMISSION FOIA RESPONSE NUMBER II (0S-2017)
!~\ RESPONSE TO FREEDOM OF I 2016-0665 4 I ~ ..,..~i INFORMATION ACT (FOIA) REQUEST RESPONSE TYPE INTERIM 0 FINAL REQUESTER: DATE:
joarth Vader DESCRIPTION OF REQUESTED RECORDS: II 08/15/2017 I Request for 22 documents by ADAMS Accession Number. PART I. - INFORMATION RELEASED You ha11e 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/readin,g-rm/foia/contact-foia.html [Z] Agency records subject to the req~est 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. See Comments. PART I.A - FEES NO FEES AMOUNT" You will be billed by NRC for the amount listed. 0 Minimum fee threshold not met. II You will receive a refund for the amount listed. D Due to our delayed response. you will
*see Comments for detafls Fees waived. not be charged fees.
PART I.B - INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE [Z] We did n*ot 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 should not be taken to mean that any exduded 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 FO IA Officer, at U.S. Nuclear Regulatory Commission, Washln~ton, D.C. 20555-0001 , or FOlA.Resource@n r ~ Please be [{] sure to include on your letter or email that it is a "FOIA Appeal.' You have the right to seek dispute resolution sell'Vices from the NRC"s Public Liaison. or the Office of Government Information Services (OGIS). Contact information for OGIS is available at httos://ogis 2 rchiv~~.gov/abQ~t:09is/conls!Cl-infQrmati2n.htm PART I.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 l isted in your request. Since the date of your request, these records have been removed from ADAMS. However, because th e 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 lnfonnatlon Act Officer or Deslanee Distribution St h . A Bl __..,_f,....., ep ame . aney =-~.;::;~,~=='-=.~--=- 1 jsECY l)lllee*n.N,11t:1
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I OFFICE ACTION OFFICER FOIA OFFICER PUBLIC ADAMS NAME ML Stevens SA Blaney DATE 08/15/201 7 08/15/2017 NON-PUBLIC ADAMS NRC Form 46-4 Part I (03*2017) Page 1 of 3
NRC FORM 44 Pa,t I U.S. NUCLEAR REGULATORY COMMISSION FOIA RESPONSE NUMBER II I (03-2017) 1 2016-0665 4 RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST Continued [Z]
RESPONSE
INTERIM FINAL TYPE REQUESTER: DATE: lnarth Vader 11 os11512011 PART I.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 Chainnan's office an email he had previously sent to the Inspector General as (IO) that served 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 ofa December 18, 2012, letter from then-Senator Lieberman to the IG (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 preswnably 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. ML1620lA093 consists ofan 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 MLl6125A53 I. The email is enclosed. ML16201A095 consists of an email, dated May 19, 2016, from Mr. Crisci,one that forwards to the Chairman's office earlier email communications he had with various NRC staff members about "need-to-know requirements for SUNSI" [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. ML16201A100 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, 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 ofan email, dated May 9, 2016, from Mr. Criscione to the Chairman's Qffice, including four attachments containing multiple documents, concerning a personal matter. Although the Chainnan'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. MLl6202A537 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. MLl6202A538 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. NRC Form 464 Part I (03-2017) Page 3 of 3
NRC FORM 4t4 Part 11 U.S. NUCLEAR REGULATORY COMMISSION FOIA I (03-20171 I 1¥_\
; ~,
RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST DATE: 2016-0665#4 I 08/15/2017 I PART II.A - APPLICABLE EXEMPTIONS Records subject to the request are being withheld In lheir entirety or in part under the FOIA exemption(s) as indicated below (5 U.S.C. 552(b)). Exemption 1: The withheld Information Is property classified pursuant to an Executive Order protecting national security Information. Exemption 2: The withheld Information relates solely to lhe internal personnel rules and practices of NRC. Exemption 3: The withheld information is specificaHy exempted from public disclosure by the statute Indicated. Sections 141-145 of the Atomic Energy Act. which prohibits the disclosure of Restricted Data or Formerty Restricted Data (42 U.S.C. 2161-2165). Section 147 of the Atomic Energy Act, which prohibits the disclosure or Unclassified Safeguards Information (42 U.S.C. 2167). 41 U.S.C. 4702(b), which prohibits the disdosure 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 withheld 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 to 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. Attomey-dient privilege. Exemption e: The withheld information from a personnel, medical, or similar file, is exempted from public disclosure because-Its disdosure would result [Z] in a dearty unwarranted Invasion of personal privacy. [Zj ExemptlQn 7: The withheld Information consists of records compiled for law enforcement purposes and Is being withheld for the reason(s) indicated. 0 (A) Disclosure could reasonably be expected to Interfere with an open enforcement proceeding. 0 (C) Dlsdosure could reasonably be expected to constitute an unwarranted invasion of personal pnvacy. (DJ The infonnation consists of names and other information the disdosure of which could reasonably be expected to reveal identities of confidential sources. (E) Oisciosure would reveal techniques and procedures tor 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 1he life or physical safety of an individual. o* I Other 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 req~est APPEUATE OfflQAL DENYING OFFICIAL TITLE/OFFICE RECORDS DENIED l!DO l!CY I Rochelle Bavol 1 1Exec Asst to the Secy to the Commission 11third party PII; material penainina to an I 0 II Iongoing enforcement procccdin& I I I I , I I Appeals must t;e made In writing within 90 calendar days of the date of this response by sending a letter or emall to the FOIA Officer, at U.S. Nuclear Regulatory Commission, Washington, D.C. 20555-0001, or FOl~.Resource@nrc.gov. Please be sure to include on your letter or emall that It is a "FOIA Appeal." NRC Form ~64 Part II (03-2017) Page 1 of 1
NOTE: Since the same records are responsive to fOIA-2016-0664 and FOIA-2016-0665, please see the working folder for FOIA-2016-0664 for salient background material.
From: Stevens, Margo Sent: Friday, June 02, 2017 11:53 AM To: 'darth.vader.four20@gmail.com'
Subject:
Status Update on FOIA-2016-0665 Good morning. Although originally Karen Danoff and I were handling the requests (including the above-referenced request that you submitted) that we've received for the records that an NRC staff member had added to ADAMS, due to the shifting of workload as a result of staff losses, I am now handling all of them. Based upon the responses issued to date, I wanted to provide you a status update on the request that you filed, and the records for which I believe we still owe you a final determination. All of the records involved in your request, for which we have not yet issued you a determination, included equities belonging to the Office of Special Counsel (OSC), which necessitate a consultation with OSC. Our consultation with OSC is now complete and we are awaiting disclosure recommendations from one program office. FOIA-2016-0665: This request asked for 22 records. There are 7 records for which we have not issued you a response to date. They are: ML16201A086, ML16201A093, ML16201A095, ML16201A100, ML16201A536, ML16201A537, and ML16201A538. I am eager to complete work on them (as I'm sure you are as well) and can promise you that as soon as I receive the disclosure recommendations from the program office I will turn my attention to preparing final responses to your request. In the interim, should you have any questions, or wish to discuss any other matters relating to this request (including the "constructive denial" appeal you filed, FOIA-2017-0009A), please do not hesitate to contact me. Certainly, if your records do not agree with mine as to the records remaining for us to process, please let me know as your earliest convenience. I appreciate your continued patience. Thank you.
Margo £. Stevens

ro1.;t .'A:na[yst/'T'eam Lea,{er (Contractor)
OUO/fj'£~f.,,f5/Informa.tion Servia:.s 'Brancfi 'U.S. :NucfRar 1<-PHUft7.lory Commission 1154s 1?.ock.vi[(e 1*'ik.e, :Mai{ Stop T~.2.f7 1fock'vill.£i, ~lu:ry(a.nd'20852 'Tiileplione #: (301) 415-8148
FOJA REFERRAL & PACKAGE ROUTING SLIP Date: 412612011 FOIA- 2017-0664/-0665 Response #-=3=------- TyBof Action Item: F0IA Referral F0IA Response Package for Concurrence (Z] F0IA Response Package for Signature How to be Delivered: [{]walk Around OFax Email ~rrm DeliverB~~ram Office FOIA Coordinator: _ _ _ _ _ _ _ _ _ __ Other Instructions: There are 2 response packages for identically worded requests. These are part of the "Criscione ADAMS group" of requests. The four "transparent view" records addressed in these interim responses are included in one green envelope. FOIA Caseworker & Phone#: Margo Stevens, 415-8148 Rev. 12/14
Background for OIG Reviewers FOIA-2016-0665 In interim response #1 , the FOIA Officer addressed 9 of the 22 requested records: ML16200A049 ML16204A001 ML16216A702 ML16216A704 ML16216A706 ML16216A708 ML16216A709 ML16216A711 ML16216A713 In interim response #2, the FOIA Officer addressed 2 more of the 22 requested records: ML16216A707 ML16216A712 This response (#3) is the first prepared for the AIGl's signature for this response. It addresses 4 more of the 22 requested records: ML16204A002 ML16216A703 ML16216A705 ML16216A710 Your office has already reviewed ML16204A002 as part o*f the response issued to Mr. Hixson in FOIA-2016-0731#8 and to Mr. Criscione in FOIA-2017-0005#3. Your office has already reviewed ML 16216A71 Overy recently, as part of the response issued to Mr. Hixson in FOIA-2016-0731#13. Transparent view of all 4 records are included in the green envelope. We will be providing the records electronically to the requester. An identical response is being prepared in FOIA-2016-0664#3 for David Lochbaum.
(03-2017)
,.,~
NRC FORK464 Part I (OIG)
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U.S. NUCLEAR REGULATORY COMMISSION RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST I FOIA 2016-0665
RESPONSE
TYPE 0 11 RESPONSE NUMBER INTERIM 3 FINAL I REQUESTER: DATE: jDart.h Vader 11 MAY O1 2017 I DESCRIPTION OF REQUESTED RECORDS: Request for 22 documents by ADAMS Accession N umber. 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 ~ . n r c.gov/reading-rmlfoia/con~oia.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. II II You will receive a refund for the amount listed. Due Minimum fee threshold not met. to our delayed response, you will
*see Ccmmenta to, details Fees waived. not be charged fees.
PART 1.8 - INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE D enforcement We did not locate any agency records responsive to your request. Note: Agencies may treat three discrete categories of law 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 calendar days of the date of this response bA sending a letter or e-mail to the FOIA Officer, at U.S. Nuclear Regulatory Commission, Washington, D.C. 20555-0001, or FOi .Resource@nrq1ov. Please be D 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 bttps:flogis.atc~ovLabQl.!t*Qgis/conta~:inform;,ilion.btrn PART I.C COMMENTS ( Use attached Comments continuation page if required) This interim response addresses four more of the records enumerated in your request: ML l 6204A002, ML16216A703, MLJ6216A 705, and ML16216A710. Please note that, since the date of your request, these records have been removed from ADAMS. However, because the NRC was able to locate the records by their accession numbers when your request was received, we have processed the records, except as noted herein . [continued on next page] Signature
Assistant Inspector General for Investigations, OIG Distribution Joseyli .'A. :Mc:M.i[{an !Ima I OFFICE ACTl~NO CER AIGOFFICER NAME M.L Stevens / 5/ PUBLIC ADAMS DATE 0412612017 rti., 0 NON-PUBLIC ADAMS NRC Fonn 464 Part I (OIG) (03-2017) Page 1 of3
NRC FORM 464 Part I (OIGI U.S. NUCLEAR REGULATORY COMMISSION FOIA RESPONSE NUMBER (03-2017) RESPONSE TO FREEDOM OF INFORMATION I 2016-0665 11 3 I ACT (FOIA) REQUEST Continued RESPONSE TYPE 0 INTERIM FINAL REQUESTER: DATE: IDarth Vader 11 f'AY O1 2017 I PART I.C COMMENTS (Continued) The record you identified as MLI 6204A002 is a copy of a letter addressed to Inspector General Hubert Bell. It was released in part in response to a prior FOIA request, FOIA-2016-0064. Personally identifiable information (PU) of the third party who submitted the letter was redacted pursuant to FOIA exemption 7(C). We continue to withhold this PH on that basis. The record you identified as ML16216A703 has been determined not to be an agency record. This record consists of three separate records: (I) this Office's Form 464-0IG response to a previous FOIA request submitted by Lawrence Criscione (who has provided a privacy waiver to you); (2) a Memorandum to File that was released in part 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 to the record, presumably by Mr. Criscione, after he received it in response to his FOIA request. The NRC has not located another copy of the annotated Declination Sheet in its records systems. Because these three records were assembled into a single record when Mr. Criscione added them to ADAMS, which you requested in that form, we have considered them as a single record. Accordingly, the record has been determined to be a personal, rather than agency, record and is not subject to the FOIA and has not been processed. The record you identified as ML16216A705 is a redacted copy of a memorandum of interview, which was generated during an investigation conducted by the Office of Tnspector General (OIG). Please note that because MLI 6216A705 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 request, FOIA-2014-0327, we are providing it to you in this same fonnat as he received it. No redactions have been made to this record in processing it for you. The record you identified as ML l 6216A710 is an email that transmits an attached letter from Lawrence Criscione to OIG staff, dated January 5, 2014, regarding an audit ofNRC's FOIA process. The identities of third parties (other than Mr. Criscione, in light of the aforementioned privacy waiver), or other FOIA requesters whose requests have been made publicly available in ADAMS) have been redacted on the basis of exemption 6. Portions of the letter that reflect internal deliberations among NRC staff, of which the letter's originator became aware as part of his official duties, have been redacted on the basis of exemption 5. We note that this same redacted deliberative content appears in records responsive to prior requests, FOIA-2015-0018, 2015-0019, and 2015-0020, which are all publicly available in ADAMS. NRC Form 464 Part I (OIG) (03-2017) Page 3 of 3
NRC FORM 464 Part II (OIG) U.S. NUCLEAR REGULATORY COMMISSION FOIA (03-2017)
* ~1-2_0_16--0-66-5#-3 ~ ,
RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST DATE: MAY O 1 2017 PART II.A -- APPLICABLE EXEMPTIONS Records subject lo the request are being withheld in their entirety or in part under the FOIA exemption(s) as indicated below (5 U.S.C. 552(b)). D Exemption 1: The withheld information is property dassified pursuant to an Exerutlve Order protecting national security information. D Exemption 2: The withheld information relates solely to the internal personnel rules and practices of NRC. 0 Exemption 3: The withheld information is specifically exempted from public disclosure by the statute Indicated. 0 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). 0 Section 147 of the Atomic Energy Act, which prohibits the disclosure of Unclassified Safeguards lnformatlon (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 conffdential commercial or financial information that is being withheld 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 ). D The information is considered to be another type or confidential business (proprietary) information. 0 The information was submitted by a foreign source and received in confidence pursuant to 10 CFR 2.390(d.)(2). [ZJ Exemption 5: The withheld information consists of lnteragency or intraagency records that are normally privileged in civil litigation. [Z] Deliberative process privilege. D Attorney work product privilege. D Attorney-client privilege. r7I Exemption 6: The withheld information from a personnel, medical, or slmllar file, Is exempted from public disdosure because its disdosure would result L!J In a dearly unwarranted invasion of personal privacy. [Z] Exemption 7: The withheld lnformatlon consists of records compiled for law enforcement purposes and Is being withheld for the reason(s) Indicated. 0 (A) Disdosure cou_ ld reasonably be expected to interfere with an open enforcement proceeding. [ZJ (C) Dlsctosure could reasonably be expected to constitute an unwarranted Invasion of personal privacy. (0) 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 proserutlons, or guidelines that could reasonably be expected to risk circumvention of the law. D (F) Disclosure could reasonably be expected to endanger the life or physical safety of an individual. [Z] I Other One ofthc requested records is a personal, rather 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 request. ,,,_. APPEUATE OfflCIAI.
~ENYING OFi-1~.. *- TITLE/OFFICE RECORDS DENIED ---- eoo 6ECY IG '-- l>fo"seph A. McMillan 11 Assistant Inspector General for Investigations, OIG I I 3rd party PU; deliberations I
I I I 11 I I 11 11 I 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 FOlA.Resource@nrc.92Y. 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
NRC FORM 464 Part I U.S. NUCLEAR REGULATORY COMMISSION FOIA RESPONSE NUMBER I I (03-2017)
-~~ \ RESPONSE TO FREEDOM OF 2016-0665 Il 2 \ ?j INFORMATION ACT (FOIA) REQUEST
RESPONSE
" ***** TYPE [Z] INTERIM FINAL REQUESTER: DATE:
loarth Vader DESCRIPTION OF REQUESTED RECORDS: II 04/27/2017 I 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:/lwww.nrc._gov/reading-rm/foia/contact-foia.html 0 Agency records subject to the request are already available on the P.ublic NRC Website, in Public ADAMS or on microfiche in the NRG 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 commeints 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. Due to our delayed response, you will Minimum fee threshold not met. 11 11 You will receive a refund for the amount listed. 0 not be charged fees.
*see Commento rcr d01al/s 0 Fees waived.
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 should not be taken to mean that any excluded records do, or do not, exist. 0 We have withheld certain information pursuant to the FOIA exemptions described, and for the reasons stated, in Part II. Because this is an interim response to your request, you may not appeal at this time. We will notify you of your right to appeal any of 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 bA sending a letter or e-mail to the FOIA Officer, at U.S. Nuclear Regulatory Commission, Washington, D.C. 20555-0001 , or..EQL .R.liQl.!fce@.mQv. 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 OGtS is available at ht!Ql;l://Qgis.archiv~!i.gQv/~bo!.!t-Qgis/conl~!.1-infQrrnati2n,htm PART I.C COMMENTS ( Use attached Comments continuation page If required) This interim response addresses two more of the records enumerated in your request: ML I 6216A707 and ML 162I6A712. Please note that, since the date of your request, these records have been removed from ADAMS. However, because the NRC was abl e to l ocate the records by their accession numbers when your request was received, we have processed the records. [continued on next page] Slgnatu19 - Freedom of lnfonnatlon Act Officer or Deslanee Clstrlbutlon Stephan1e . A. Blaney """"-~-,.- .,., __u _ _..,,..., _....,.,.-.'"' DH:..ut* ..U. . 1 . ~ - U . 1. ...... ~ - - , ~ ~ CMr-1011,04.21 l1:)li1*.onw I OFFICE ACTION OFFICER FOIA OFFICER PUBLIC ADAMS NAME ML Steven, SA Blaney NON-PUBLIC ADAMS DATE 04/26/2017 04/27/2017 NRC Form 464 Part I (03-2017) Page 1 of 3
NRC Ft'IRM 464 Part I U.S. NUCLEAR REGULATORY COMMl1SSION FOIA RESPONSE NUMBER
\'12*2015j .............~ I I ";~¥*. \
i RESPON!SE TO FREEDOM OF 2016-0665 11 1
**-~*7 INFORMATION ACT*(FOIA) REQUEST
RESPONSE
TYPE [Z] INTERIM FINAL REQUESTER: DATE: loarth Vader 11 02/17/2017 I DESCRIPTION OF REQUESTED RECORDS: Request for 22 documents by ADAMS Accession Number PART I. - INFORMATION RELEASED Agency records subject to the request are already available in public ADAMS or on microfiche in the NRC Public Document [Z] 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 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. [Z] See Comments. PART I.A-FEES AMOUNT" II You will be billed by NRC for the amount listed. None. Minimum fee threshold not met.
$ II *see Comments for details You will receive a refund for the amount listed.
Fees waived. 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 should not be taken to mean that any excluded records do, or do not, exist. [Z] We have withheld certain information pursuant to the FOIA exemptions described, and for the reasons stated, in Part II. 0 Because this is an interim response to your request, you may not appeal at this time. We will notify you of your right to appeal any of the responses we have issued in response to your request when we issue our final determination. D the You may appeal this final determination within 30 calendar days of the date of this response by sending a letter or email to FOIA Officer, at U.S. Nuclear Regulatory Commission, Washington, D.C. 20555-0001, or£QJA.Resource@tJri...9.Q!i.. Please be sure to include on your letter or email that it is a "FOIA Appeal." PART I.C COMMENTS ( Use attached Comments continuation page if required) In confonnance with the FOIA Improvement Act of 2016, the NRC is infonning you that you have the right to seek assistance from the NRC's FOIA Public Liaison. This interim responses addresses 9 of the records listed in your request. Since the date of your request, these records, except for ML16200A049, 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. MLI6200A049 is publicly available in ADAMS. (Cont.) SIGNATURE . FREEDOM OF INFORMATION ACT OFFICER DISTRIBUTION 'steylianie 1JCaney Ml 1 IREs,SECY, oac I OFFICE ACTION OFFICER FOIA OFFICER f7l PUBLIC ADAMS NAME KDanoff *Ko SBlai{e~ p 11 NON-PUBLIC ADAMS DATE 02/17/2017 6)_/,.,,,,/r 1 NRC Form 464 Part I (12-2015) I '/ Page 1 of 3
VERIFICATION OF IDENTITY AND SWORN 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 also authorize the U.S. Nuclear Regulatory Commission to release to the FOIA requesters in FOIA-2016-0607, FOIA-2016-0664, and FOIA-2016-0665 and any other FOIA requests seeking access to records that I have placed into ADAMS during the time period, July 19-August 29, 2016, if there may be other requests, the records that I placed in ADAMS for the express purpose that they could be referenced in public comments concerning an NRC report. These records are: ML16195A368, ML16195A369, ML16201A086, ML16201A093, ML16201A095, ML16201A100, ML16202A536, ML16202A537, ML16202A538, ML16204A001 , ML16204A002, ML16216A702, ML16216A703, ML16216A704, ML16216A705, ML16216A706, ML16216A707, ML16216A708, ML16216A709, ML16216A710, ML16216A711 , ML16216A712, ML16216A713, ML16232A001, ML16236A018, ML16236A019, ML16236A021, ML16236A230, ML16237A004, ML16237A005, ML16237A006, ML16237A007, ML16238A005, ML16238A006, ML16238A007, ML16238A008, ML 162313A009, ML16238A010, ML16238A011, ML16238A013, ML16238A014, ML16239A085, ML16242A333, ML16242A343, ML16242A344 and any other records associated with OIG Case 13-001 , OIG Case 13-005 or OSC File No. Dt-15-5254 or in ADAMS package ML16195A365. I also authorize the U.S. Nuclear Regulatory Commission to place the agency's FOIA response, and any released records including my personally identifiable information (Pit) or other information in which I may have privacy interests, in public ADAMS. I, _Lawrence S. Criscione_, declare (or certify, verify, or state) under penalty of perj ury under the laws of the United States of America that the foregoing is true and correct. [SIGNATURE]
!_ d ,,,h*--e V1 c e <;'_ Cv( ..S' c ~~ t--... -e
[PRINTED NAME]
/-1~v-c ~ ? i cJc?
[DATE OF BIRTH} Executed on: /4 ,__j 16{ -!- 2. q ,, '2.- O I {,
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 August 19, 2016 FOIA/PA-2016-00665
Dear Darth Vader:
We received your Freedom o,f Information Act (FOIA) request on August 19, 2016. Your request seeks access to the following ADAMS documents: ML16200A049, ML16201A086, ML16201A093, ML16201A095, ML16201A100, ML16202A536, ML16202A537, ML16202A538, ML16204A001, ML16204A002, ML16216A702, ML16216A703, Ml16216A704, ML16216A705, ML16216A706, ML16216A707, ML16216A708, ML16216A709, ML16216A710, Ml16216A711, ML16216A712, and ML16216A713. Your request has been assigned the following reference number that you should use in any future communications with us about your request: FOIA/PA-2016-00665. To ensure the most equitable treatment possible of all requesters, the NRC processes requests on a first-in, first-out basis, using a multiple track system based upon the estimated time it will take to process a request. Based on your description of the records you are seeking, we estimate completion of your request will be on or before October 3, 2016. Please note that we are estimating that completion will take more than 20 working days because we expect that we will have to consult with multiple program and/or regional offices within the NRC. Please know that this date roughly estimates how long it will take us to close requests ahead of yours in the respective track and complete work on your request. The actual date of completion might be before or after this estimate, based on the complexity of all of the requests in the complex track. We will advise you of any change in the estimated time to complete your request. In an effort to process your request promptly, you may wish to narrow the scope of your request to limit the volume of potentially responsive records. We are currently processing another FOIA request for the same records. As we will provide you the same response(s) when they become available under the other FOIA request, you will not incur any FOIA fees. The following person is the Government Information Speci1alist who has been assigned responsibility for your request: Karen Danoff at 301-415-5072 or Karen.Danoff@nrc.gov. If you have questions on any matters concerning your FOIA request, please feel free to contact the assigned Government Information Specialist or me at {301 ) 415-7169. Sincerely, Stephanie Blaney Acting FOIA Officer Office of the Chief Information Officer
From: Stevens, Margo <foia.resource@nrc.gov> Sent: Wednesday, August 16, 2017 1:16 PM To: darth.vader.four20@gmail.com Cc: Stevens, Margo
Subject:
FOIA-2017-0009A In an email dated October 5, 2016, you appealed the lack of a timely response to your August 19, 2016, Freedom of Information Act (FOIA) request, FOIA-2016-0665. Your appeal was assigned the* reference number, FOIA-2017-0009A. 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 -4 15-5130 1
From: Danoff, Karen <foia.resource@nrc.gov> Sent: Thursday, October 06, 2016 11:03 AM To: darth.vader.four20@gmail.com Cc: FOIA Resource; Danoff, Karen
Subject:
FOIA/PA-2017-00009A Acknowledgment Letter Attachments: FOIA- PA-2017-00009A Acknowledgment Letter.docx Acknowledgment letter signed by Stephanie Blaney, Acting FOIA Officer. No hard copy to follow. If you are unable to open the document, please let us know by return email (FOIA.Resource@nrc.gov) or call 301 -415-7169. If you are interested in receiving information from the NRC FOIA program, subscribe to our distribution list. 1
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, DC 20555
0001 October 6, 2016 FOIA/PA-2017-00009A FOIA/PA-2016-00665
Dear Mr. Vader:
We have logged your October 5, 2016 correspondence as. an appeal about the lack of response with respect to FOIA/PA-2016-00665, which asked for the following documents: ML16200A049, ML16201A086, ML16201A093, ML16201A095, ML16201A100, ML16202A536, ML16202A537, ML16202A538, ML16204A001 , ML16204A002, ML16216A702, ML16216A703, ML16216A704, ML16216A705, ML16216A706, ML16216A707, ML16216A708, ML16216A709, ML16216A710, ML16216A711 , ML16216A712, and ML16216A713. Your appeal has been assigned the following reference number that you should use in any future communications with us about your appeal: FOIA/PA-2017-00009A. The following person is the Government Information Specialist who has been assigned responsibility for your appeal: Karen Danoff at 301-415-5072 or Karen.Danoff@nrc.gov. If you have questions on any matters concerning your FOIA appeal, please feel free to contact the Government Information Specialist assigned to your appeal or me. I can be reached at 301 - 415-7169. Sincerely, Stephanie Blaney Acting FOIA Officer Office of the Chief Information Officer
From: Darth Vader <darth.vader.four20@gmail.com> Sent: Wednesday, October 05, 2016 7:49 PM To: Mccree, Victor Cc: FOIA Resource; Danoff, Karen; Blaney, Stephanie; Hirsch, Pat
Subject:
[External_Sender] Appeal for Lack of Response to FOIA/PA-2016-00665 Attachments: FOIA- PA-2016-00665 Acknowledgment Letter.docx This email is being submitted as a FOIA appeal in accordance with 10 CFR 9.25(j). On August 19 I requested 22 records under the Freedom of Information Act. Per that statute the NRC had thirty working days in which to provide me those records. Not only have your minions not provided me a single record, they did not even deign to inform me that one of the records (ML16200A049) has been publicly released. Please follow federal law and release the remaining 21 records that I requested under FOIA 20]6-0665. In accordance with the Freedom ofinformation Act (and your agencies own regulations), I expect a response to this appeal within 20 working days.

Forwarded message ----------

From: Danoff, Karen <foia.resourceramrc.gov> Date: Fri, Aug 19, 2016 at 2:03 PM
Subject:
FOIA/PA-2016-00665 Acknowledgment Letter To: darth.vader.four20@gmail.com Cc: FOIA.Resource@nrc.gov, Karen.Danoffl@nrc.gov Acknowledgment letter signed by Stephanie Blaney, Acting FOJA Officer. No hard copy to follow. If you are unable to open the document, please let us know by return email (FOIA.Resourcera,n rc.gov) or call 301-415-7169. If you are interested in receiving information from the NRC FOIA program, subscribe to our djstribution list. 1
personal record NRC FORM 46' Part I U.S. NUCLEAR REGULATORY COMMISSION FOIA RESPONSE NUMBER (03-2017) r ..... RESPONSE TO FREEDOM OF I 2016-0607 I I (¥) ..... INFORMATION ACT (FOIA) REQUEST RESPONSE 11 0 INTERIM FINAL TYPE REQUESTER: DATE: loavid Lochbaum, UCS 11 06/28/2017 I DESCRIPTION OF REQUESTED RECORDS: Four emails from NRC staffer Lawrence Criscione, each dated 05/19/2016, with the following subjects: (l) Failure to Study Dam Security; (2) Need-to-know Regarding Nuclear Safety Issues Associated with Flooding; (3) MOU between USACE and ACRS; and (4) Keeping Inundation Levels from the Public. 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/fo1a/contact-fo1a.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. 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 AMOUNT" You will be billed by NRC for the amount listed. 0 Minimum fee threshold not met. 11 II You will receive a refund for the amount listed. D Due to our delayed response, you will
*s,. Comm11'\tl tor detail* Fees waived. not be charged fees.
PART 1.8 - INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE We did not locate any agency records responsive to your request. Note: Agencies may treat three discrete categories of law 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. We have withheld certain information pursuant to the FOIA exemptions described, and for the reasons stated, ln 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 ma~appeal this final determination within 90 calendar days of the date of this response by sending a letter or e-mail to the FOIA O 1cer, at U.S. Nuclear Regulatory Commission, Washin~ton, D.C. 20555-0001, or FOIA Resource@.nrc.g ov. 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 http s://og1s.archives,gov/ab0Qt:Qgis/contact-information.l:)tm PART I.C COMMENTS ( Use attached Comments continuation page If required) Due to your agreement to withdraw this request (since these four records arc also responsive to FOIA-2016-0664, which remains pending), we are administratively closing this.request. Signature. Freedom of Information Act Officer or Oeslgnee DlstrfbuUon s 1: tephanie A.
. Bl ,..... _ ..,_._.,
aney ~.=..=!~~~.*;=':':";'::"-==--- 11 DIM.1'11Ntl 1:nt.tO,Oi'W OFFICE AqnoN OFFICER FOIA OFFICER PUBLIC ADAMS NAME
*,\l '...J ML Stevens SA Blaney DATE ' 06/28/2017 06/28/2017 0 NON-PUBLIC ADAMS NRG Form 464 Part I (03-2017) Page 1 of2
personal record Workplace-XT: Print View Page 1 of 2 Stevens, Margo I Friday, July 29, 2016 Document: ~ 2016-May- 19 0800, MOU between USACE and ACRS, from Criscione to Kirkwood, Holahan and Clark. (Version 1.0, Released) ID: {ACD50013-3375-4CFC-AEAE-9EC409553C33} Class: Official Record Class Properties Property Value Document litle 2016-May-19 0800, MOU between USACE and ACRS, from Criscione to Kirkwood, Holahan and Clark. Record Information Value Not Defined. Required Class: Record Accession Number ML1620lA093 Estimated Page Count 5 Document Date May 19, 2016 Document Type "E-Mail" Author Name "Criscione L S"
Author Affiliation "NRC/RES/DRA/HFRB" Addressee Name "Oark T"; "Holahan G"; "Kirkwood S B" Addressee Affiliation "NRC/EDO"; "NRC/OGC" Docket Number License Number Case/Reference Number Document/Report Number Package Number Document Date Received Date Reviewed for Public Release Date Docketed Related Date Vital Records category No Document Status Media Type Electronic Physical File Location ADAMS FACA Document No Date to be Released Jul 19, 2016 Distribution List Codes contact Person Larry Criscione 301-415-2129

Text Source Flag Native Application Official Record? Yes Replicated Yes ForeMost FIie Code (Latest)
ForeMost Document Number URL mhtml:file://C:\Users\MLS5\Desktop\tv1L 16201A093 Properties.mht 07/29/2016
Workplace,XT: Print View Page 2 of 2 DDMS Item ID ASLBP Number Date Dedared Jul 21, 2016 LSN Number Hearing Transcript Page Range Hearing Party Exhibit Number Hearing Official Exhibit Number Hearing Issues Hearing Party Identifier Keyword "ODS"; "stt"; "SUNSI Review Complete"; "utsPARS" ADAMS ItemID Availability Publicly Available LSC4 This document was placed in ADAMS on 2016-July-19 so that it could be referenced in public comments Comment concern! ng an NRC report.
Document Sensitivity Non-Sensitive ADAMS Version Comment ADAMS Checked out By User ForeMost File Code Set (MV)
ADAMS Archived? No ADAMS Permanent Version? Yes ADAMS Added By User ADAMS Checked In By User ADAMS Date Added Jul 19, 2016 /0 '. 4~ AJ,v\ ADAMS ldmPublish ADAMS Checkln Date Created By User lsc4 File Name 2016-May-19 0800, MOU between USACE and ACRS, from Criscione to Kirkwood, Holahan and Oark.pdf Original File Name 2016-May-19 0800, MOU between USACE and ACRS, from Criscione to Kirkwood, Holahan and Clark.pdf systemfro~ rties Property Value Added By User: lsc4 Added On: 7/19/16 10:45 AM Modified By User: ADAMS Publishing Service Modified On: 7/21/16 4:35 PM ID: {ACDSOD13-3375-4CFC-AEAE-9EC409553C33} Is Checked Out: False Is Current Version: True Major Version: l Minor Version: 0 Version Status: Released Size: 1383 KB Mime Type: application/pelf Record Information: mhtml:file://C:\Users\MLS5\Desktop\1v1Ll6201A093 Properties.mht 07/29/2016
Stevens, Margo I Friday, July 29, 2016 Document: 'ti 2016-May- 19 0813, Email Regarding Keeping Inundat ion Levels f rom t he Public, from Criscione to Kirkwood, Holahan and Clark. (Version 1.0, Released) ID: {CCJ122F9-F81D-4AE0-8FJB-C69EBE863C02} Class: Official Record Oass Properties Property Value 2016-May-19 0813, Email Regarding Keeping Inundation Levels from the Public, from
Document litle Criscione to Kirkwood, Holahan and Clark.
Record Information Value Not Defined. Required Class: Record Accession Number ML16201Al00
Estimated Page Count 10

Document Date May 19, 2016

Document Type "E-Mail" Author Name "Criscione L S" Author Affiliation "NRC/RES/DRA/HFRB" Addressee Name "Clark r*; "Holahan GM"; "Kirkwood SB" Addressee Affiliation "NRC/EDO/AO"; "NRC/OGC' Docket Number License Number Case/Reference Number Document/Report Number Package Number Document Date Received Date Reviewed for Public Release Date Docketed Related Date

Vital Records Category No Document Status

Media Type Electronic

Physical File Location ADAMS

FACA Document No Date to be Released Jul 21, 2016 Distribution List Codes Contact Person Lanry Criscione 301-415-2129

Text Source Flag Native Application Official Record? Yes
Replicated Yes ForeMost FIie Code (Latest) ForeMost Document Number URL DDMS Item ID ASLBP Number Date Declared Jul 21, 2016 LSN Number Hearing Transcript Page Range Hearing Party Exhibit Number Hearing Official Exhibit Number Hearing Issues Hearing Party Identifier Keyword "jefl"; "LHOl"i "SUNSI Review Complete"; "utsPARS" ADAMS ItemID Availability Publidy Available LSC4 This document was placed in ADAMS on 2016-July-19 so that It could be Comment referenced in public comments concerning an NRC report. E-Mail Envelope Properties Not Available.
Document Sensitivity Non-Sensitive ADAMS Version Comment ADAMS Checked out By User ForeMost File Code Set (MV)
ADAMS Archived? No ADAMS Permanent Version? Yes ADAMS Added By User ADAMS Checked In By User ADAMS Date Added Jul 19, 2016 lO'. S"*l AJV\ ADAMS ldmPublish ADAMS Checkin Date Created By User lsc4 2016-May-19 0813, Keeping inundation levels from the public, from Criscione to File Name Kirkwood, Holahan and Oark.pdf 2016-May-19 0813, Keeping Inundation levels from the public, from Criscione to Original FIie Name Kirkwood, Holahan and Clark.pdf
/
System Properties Value Property Added By User: lsc4 Added On: 7/19/16 10:51 AM Modified By User: ADAMS Publishing Service Modified On: 7/21/16 4:36 PM ID: {CC3122F9-F81 D-4AE0-8F3B-C69EBE863C02} Is Checked Out: False
Is Current Version: True Major Versjon: 1 Minor Version: 0 Version Status: Released Size: 5722 KB Mime Type: appllcation/pdf Record Information:
personal record personal record From: Admin, Admin <foia.resource@nrc.gov> Sent: Thursday, July 21, 2016 8:34 PM To: Stevens, Margo
Subject:
Request Assignment Details Request Number: FOIA/PA-2016-00607 I l/)(,Drv>tM.0 fceqtt-wf- _ Request Type: FOTA/PA Requested By : Lochbaum, David P-ILTt.,t203A os.:i.. Requested Date : July 21, 2016 Primary User: Margo Stevens
~"'1pl.Q, TruvJL TCUl~t Dwtl - '8-/18/llP Notes:
(cn.2017) ,,........ NRC FORM_. Pmt I (0181 U.S. NUCLEAR REGULATORY COMMISSION I FOIA RESPONSE NUIIIIBl!!R I
¥'.\ RESPONSE TO FREEDOM OF 2016-0664 3
\
11
\ .....~/ INFORMATION ACT (FOIA) REQUEST 0
RESPOHSE INTERIM FINAL TYPE REQUESTER: DATE: loavid Lochbaum DESCRIPTION OF R!QUESTEO RECORDS: 11 NAY O1 2017 I 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 informstion for the NRC's FOIA Public Liaison Is available at btmi*tlwww,D!J:,gQl/lreadir.1r;l:rmlf2ialCQOlaa-fgia,btml D Agency records subject to the requ-est 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 lnfoonation 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 NQ fl;ES AMOUNT' You will be billed by NRC for the amount fisted. Due to our delayed response, you will Minimum fee threshold not met. II ll You will receive a refund f<>I' the amount listed. D not be charged fees.
-s..c:omn-1.. - 0 Fees waived.
PART 1.8 - INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE We did not locate any agency records responsive to your reiuest. Note: Agencies may treat three disaete categories of law D notification enforcement and national security r,ecords as not subject to e FOIA ('exdusions"). 5 U.S.C. 552(c). This is a standard 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 desaibed, 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 calendar days of the date of this response bA sending a letter or e-mail to the FOIA Officer, at U.S. Nudear Regulatory Commission, Washington, D.C. 20555-0001 , or FOi Resource@nrc gov Please be D sure to include on your letter or email that it Is a "FOIA Appeal." You have the right to aeek dispute resolution services from the NRC's Public Liaison, or the Office of Government Information Services (OGIS). Contact information for OGIS is available at bn1:11*LLogla a~IYH gaYL1bout-ogja/conw:t-iafoan111iQ[),blfD PART I.C COMMENTS ( Use attached Comment. continuation page If required) This interim response addresses four more of the records enumerated in your request: ML l6204A002, MLI 62.16A703, ML16216A705, and ML I 62 l 6A 7 I 0. Please note that. since the date of your request, these records have been removed from ADAMS. However, because the NRC was able to locate the records by their accession numbers when your request was received, we have processed the records, except as noted herein. [ continued on next page] SICldllll'llm. Aulstant lnsoector GIMf'II for lmlntln.atlon.~IG 1;os?_ph .'A. :Mc:Mittan I I NRC Form 464 Part I (OIG) (03-2017) [ ~---1 I 1 ' \,. ,
t * -
Page2of3
NRC FORM 44 Put I COIG) U.S. NUCLl!AR REGULATORY COMMISSION FOIA RESPONS~ NUMBER (03-10'7) RESPONSE TO FREEDOM OF INFORMATION I 20l(H)664
RESPONSE
11 3 I ACT (FOIA) REQUEST Continued TYPE 0 INTERIM FINAL REQUESTER: DATE: loavid Lochbaum PART LC COMMENTS (Continued) 11 MY O 1 'l0f7 I The record you identified as ML I6204A002 is a copy of a letter addressed to Inspector General Hubert Bell. It was released in part in response to a prior FOIA request, FOIA-201 (H)064. Personally identifiable infonnation (PH) of the third party who submitted the letter was redacted pursuant to FOIA exemption 7(C). We continue to withhold this PII on that basis. The record you identified as MLJ6216A703 has been detennined not to be an agency record. This record consists of three separate records: (I) this Office's Fonn 464-0JG response to a previous FOIA request submitted by Lawrence Criscione (who has provided a privacy waiver to you); (2) a Memorandum to File that was released in part in that response; and (3) an annotated version of a Declination Sh.eet, which was also partially released in that response. However, this copy of the Declination Sheet contains an annotation that was added to the record, presumably by Mr. Criscione, after he received it in response to his FOIA request. The NRC has not located another copy 9flhe annotated Declination Sheet in its records systems. Because these three records were assembled.into a single record when Mr. Criscione added them to ADAMS, which you re<1uested in that form, we have considered them as a single record. Accordingly, the record has been detcnnined to be a personal, rather than agency, rrecord and is not subject to the FOIA and has not been processed. The record you identified as MLI 62 t,6A705 is a redacted copy of a memorandum of interview, which was generated during an il!lvestigation conducted by the Office oflnspector General (OIG). Please note that because ML I 6216A705 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 request, FOJA-2014-0327, we arc providing it to you in this same format as he received it. No redactions have been made to this record in processing it for you. The record you identified as MLl 6216A710 is an email that transmits an attached letter from Lawrence Criscione to OIG staff, dated January 5, 2014, regarding an audit ofNRC's FOIA process. The identities of third parties (other than Mr. Criscione, in light of the aforementioned privacy waiver), or other FOIA requesters whose requests have been made publicly available in ADAMS) have been redacted on the basis ofexemption 6. Portions of the letter that reflect internal deliberations among NRC staff, of which the letter's originator became aware as part of his official duties, have been redacted on the basis of exemption 5. We note that this same redacted deliberative content appears in records responsive to prior requests, FOIA-2015-00 I 8, 2015-0019, and 2015-0020, which are all publicly available in ADAMS. NRC Fonn .484 Part I (OIG) (03-2017) P*ge3of3
I~-
NRC FORM_. Part a (OIGI llS, NUCLEAR REGULATORY COMMISSION FOIA
..""" I
( 0 -17)
~ I RESPONSE TO FREEDOM OF 20 I&-0664#3 I ~ .....~) INFORMATION ACT (FOJA) REQUEST DATE:
I MY O1 2017 I PART II.A - APPLICABLE EXEMPTIONS Record* subject to the request ere being withheld in their entirety or In part under the FOIA exemption(1) as Indicated below (5 U.S.C. 552(b)). Exemption 1: The wilhheld information ii propei1y claAffled pursuant to an Executive Order protedlng national 1tcuitty infom,allon. Exemplion 2: The withheld lnfom,ation relatea 10lely to lhe lntemel personnel rule& end pradlcea of NRC. Elaemplion 3: The wilhheld informallon Is spedficaly exempted from pij>llc cllsdo&ure by the statulll lndk:8ted. Sedloos 1,1-1,s of the Atomic fnefgy NJ, which prohibits the disc:IOllft of Reoicted Data or Formelfy Reslrided Data (-42 u .s .c . 2161-2165). Section 147 of the Atomic: Energy Aa. which prohibit$ 1he disclosure of Undasslfled Safeguards lnfonmlltion (42 U.S.C. 2167). Dindicated. 41 U.S.C. 4702(b), which prohibits Ille dlsdoaure of c:on1rlld0r proposals, except when lnc:orporated Into the c:ontrad batween the agency and the aubmlder of the proposal. ElC8fl1)tion 4: The wl1hheld information la
trade -.rel or conlklentlal CX1111merclal or ftnandll lnformtlon thM Ls being withheld for the reason(sl The infonnatlon ii considered to be proprietary beceuae it c:oncems a licensee's or applicant's physical protection or material control and accounting program for 1pec:ial nuclear material pursuant to 10 CFR 2.390(d)(1).
The Information ii considered to be another type or confidential business (proprietary) Information. (ZJ The information was submitted by a foreign source and received in confidence pursuant 1o 10 CFR 2.390(d)(2). Exemption 5: The withheld Information c:onsllts of interageney or inlragency rec:oids that are normal)' privileged in civil 1.itigetlon. 0 Oeliberetive process privilege. D Attorney work product prlvlege. D Attomey-chnt privilege. [Z] Exemption 8: The wltt1held lnfomiatlon from* per10nnel, medical, or limllartile, la eJ<empted from publlc dlsdoaure because it& disclosure would result In a deally unwarramed Invasion of pergonel pnY11cy.
@ Exemption 7: The wlthhtld informltion consist of reconls compiled for law enforcement purpONa and ii being withheld for lhe reaaon(s) lndlc:alecl.
(A) Disdolunt could rea10118bly be expected to interfere with en open enforoement proOlledlng. 0 (C) Dlsdosure c:wd reasonably be expected to conetltute an unwaminted Invasion of personal privacy. (0) The lnfannation oonailts of name, and other informetton the disclosure of wtiich could reasonably be expected to reveal ldentltle1 of confidential source,. (E) Dfsdosure woud re119al techniques and proc:edurea for law enfor0ement im1estigatlons or prosecutlon1, or guldelinM that oou1d reasonably be expected to risk circumvention of the lew. (F) Oisdolur* could reasonably be expected to endanger the life or phylleall safety of an Individual. 0 I other One of the n:quc:stcd records is a persona~ ralhcr 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 offic:lal(s) listed below have made the determination to withhold certain Information respon1iv* to your request nc *- - . .re OFFICIAL
~ - _ur-t-lCIAL
~ fml:ph-A. ,.,~,....._, ' TITLE/OFFICE RECORDS DENIED 11 Assistant Inspector General for Investigations, OIG I j J rd pny PU; dclibel'llions l!DO KCY IQ ID I 11 I I D I 11 11 I D Appeals must be made In writing within 90 calendar days of the date of this FNponse by sending a letter or email to the FOIA Officer, at U.S. Nuclear Regulatory Commlsalon, Washington, D.C, 20555-0001, or EQl~.RtHurct<<anrc;,ggx. Pleaee be sure to Include on your letter or email that it ii a "FOIA Appeal." NRC Form 464 Part II (OIG) (03-2017) Page 1 of1
From: Danoff, Karen Sent: Friday, January 13, 2017 10:30 AM To: FOIAPASECY Resource; Remsburg, Kristy 'cc: Stevens, Margo
Subject:
FOIA/PA-2016-0664 Action Item/Instructions Review of Referred Records (Email 1 of 2) Attachments: Incoming 2016-0607.pdf; Incoming 2016-0664.pdf; FOIA-2016-00664 RES Response.pdf; 'ML16201A086'.pdf; 'ML16201A093'.pdf; 'ML16201A095'.pdf 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.) Documents*under this tasking are no *1origer avaiiable in ADAMS. This tasking* is for: ML.1°6201A086,' IML16201A093, ML16201A095, ML16201A100, ML16202A536, ML16202A537 and ML16202A538.
Due _to email*size Umltatlons, ttie fl.n~I four documents will be sent ln.a s~parate em~ll.
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 ahd 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].
NRC Form 496, "Report of Staff Resources for Processing FOIA Request" is available in the NRC Forms Library for your use. The Government Information Speciallist for this request is Karen Danoff, who can be reached at 301-415-5072 or Karen.Danoff@nrc.gov. Thank you. 1
From: Danoff, Karen Sent: Friday, January 13, 2017 10:30 AM To: FOIAPASECY Resource; Remsburg, Kristy Cc: Stevens, Margo
Subject:
FOIA/PA-2016-0664 Action Item/Instructions Review of Referred Records (Email 2 of 2) Attachments: 'ML16201A100'.pdf; ML16202A536.pdf; ML16202A537.pdf; Mll6202AS38.pdf Attached are the additional records for the SECY referral. Karen 1
From: Danoff, Karen Sent: Friday, January 13, 2017 4:15 PM To: FOIAPASECY Resource; Remsburg, Kristy Cc: Stevens, Margo
Subject:
additional information for FOIA/PA-2016-0664 Action Item/Instructions Review of Referred Records Hi Kristy, From your call this afternoon for more information on this tasking, I copied and pasted below firom 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)
From: FOIA Resource Sent: Tuesday, December 06, 2016 6:51 AM To: Danoff, Karen
Subject:
FW: Copy of UCS letter to OGIS re: NRC FOIA lack of responses for lack of response appeals Attachments: 20161205-ucs-ogis-nrc-foia-appeal-help.pdf FYI From: Dave Lochbaum (mailto:DLochbaum@ucsusa.org} Sent: Monday, December 05, 2016 1:56 PM To: FOIA Resource <FOIA.Resource@nrc.gov> Cc: Johnson, Michael <Michael.Johnson@nrc.gov>
Subject:
[External_Sender] Copy of UCS letter to OGIS re: NRC FOIA lack of responses for lack of response appeals Good Day: UCS mailed a copy of the attached letter to OGIS requesting their help in getting the NRC to respond to my Lack of Response appeals ofFOIA requests. Under FOIA, UCS requested records by the individual ADAMS accession numbers. NRC provided neither the requeste4 records nor any justification for not doing as federal law requires. So, I formally appealed the NRC's non-response. NRC has neither granted or denied by appeal. Not very appealing, to UCS. Hopefully, 001S will transform "NRC inaction" into "NRC in action."
Thanks, Dave Lochbaum ucs
U.S. NUCLEAR REGULATORY COMMISSION FOIA NUMBER REFERRAL RELATED TO FOIA REQUEST 2016-0664 [ZJ INITIAL REQUEST APPEAL OFFICE ro: f0IA cooRDINATOR - Cynthia Davidson OGC TELEPHONE NUMBER FROM: FOIA SPECIALIST- Karen Danoff (301} 415-5072 Provide your office's concurrence/nonconcurrence in the originating Complete NRC Form 496, "Report of Staff Resources for Processing office's disclosUl'e recommendat,on for each record. FOIA Requests." a Provide disclosure determinatioll/recommendation lor each record, 0 responsible, and lhat subject a which was identified by anotller office as record for which your office The Initial denial or records (FOIA Number) has been appealed. 1 - -a- - - - - - - - - - - - - D ts is to this request. Coples ol' the lnillal request. denial, and appeal are aJtached. Have your offlce conduct another review of each record and provide either a new Provide disclosure determlnaUon/recommendation for eaCh record disclosure Cletennlnallon/recommendalion or reaffirm the lnllial ( was that rererred lo the NRC for review by anothor agoncy. disclosure dele1T11tnaflonlrecommendallon. Records thot you provided this office In response to this FO!A request 0 are being returned to you for further revlewfclarification for reasons noted In the COMMENTS section below. [Z] Other required action as nolcd in 1he COMMENTS section below. COMMENTS The document, ML16216A708, is no longer available in internal ADAMS, and so is attached. This record is also response to FOINPA-2016-0666 a,nd FOINPA-2016-0731, but for efficiency, we're only tasking this referral under the lower FOIA case number. (b)(5) (b)(5) SlGNATURE - FOIA COORDINATOR { d Fl &
\ po rst Last Name Indicates Your EloctronJc SI nature I
NRC FORM 96.0. (08,2015) J
'i Pago 1 of 1 J
From: Davidson, Cynthia Sent: Thursday, October 13, 2016 2:07 PM To: FOIA Resource Cc: Danoff, Karen
Subject:
FOIA/PA-2016-00664 L. Clark Attachments: 2016-0664.pdf; ML16216A708.pdf; FOIA 2016 0664 Form 496A Referral form_OGC_ML16216A708.pdf; FOIA-PA-2016-0664 - L.Clark.pdf See attachment - FOIA-PA-2016-0664 - LClark The 1st attachment is the request, which is publicly available in ADAMS as ML20293A212. The 2d attachment is a record (as ultimately processed) addressed in, multiple FOIA requests, including interim response# 5 to your NRC-2018-Cynthia Davidson 000096. This response is publicly available in ADAMS as OGC's FOIA Coordinator ML20288A415. Office of the General Counsel MS:O-14A44 Cynthia.Davidson@nrc.gov Ph.: 301-287-3995 From: OGC_FOIA_COORDINATOR Resource Sent: Wednesday, October 05, 201610:52 AM To: Davidson, Cynthia <Cynthia.Davidson@nrc.gov>
Subject:
FW: FOIA/PA-2016-00664 Action Item/Instructions Review of Referred Records 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 for FOIA/PA-2016-00664 is being assigned to OGC on October 5, 2016. The due date is October 19, 2016, which is ten (10) working days from the date of this 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 Form 496A. The records arc*attached. 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 J0J-415-5072. or Karen.Danoff(ii)nrc,r,QY. Thank you.
From: Danoff, Karen <foia.resource@nrc.gov> Sent: Wednesday, October OS, 2016 10:52 AM To: OGC_FOIA_COORDINATOR Resource Cc: FOIA Resource; Danoff, Karen; Stevens, Margo
Subject:
FOIA/PA-2016-00664 Action Item/lns.tructions Review of Referred Records Attachments: 2016-0664.pdf; ML16216A708.pdf; FOIA 2016 0664 Form 496A Referral form_OGC_M L16216A708.pdf A referral forFOIA/PA-2016-00664 is being assigned to OGC on October 5, 2016. The due date is October 19, 2016, which is ten (10) working days from the date of this 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 Form 496A. The records are attached. NRC Form 496, "Report of StaffResources 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 301-41S-5072. or Karen.Danoff@nrc.gov. Thank you.
NRC FORM 496A U.S. NUCLEAR REGULATORY COMMISSION FOIA NUMBER (08-2015)
*""'"~ *{ ~ \'i .... REFERRAL RELATED TO FOIA REQUEST ~ .: 2016-0664 \ . , . ,I
[Z] INITIAL REQUEST 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 Hsi for appropriate action, as nobtd. Please complete the action, Indicated and return tl1ia refemil and the record(s) to this office by Octobe.r 19, 2016 . ff you have any questions regarding this ma1ter, telephone the FOIA Spedallst. Provide your office's concurrence/nonconcurrence in the originating Complete NRC Form 496, "Report of Staff Resources for Processing office's disdosure recommendation for each record. FOIA Requests." Provide a disclosure determination/recommendation for each record, [Z] 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 [Z] are being returned to you for further review/clarification for reasons noted in the COMMENTS section below. Other required action as noted In the COMMENTS section below. COMMENTS The document, ML16216A708, is no longer available in internal ADAMS, and so is attached. This record is also response to FOINPA-2016-0665 and FOINPA-2016-0731, but for efficiency, we're only tasking this referral under the lower FOIA case number. rb)(5) I OFFICE RESPONSE SIGNATURE- FOIA COORDINATOR (Tvoed First & Last Name Indicates Your Electronic Signature) Date 11 I NRC FORM 486A (0&-2015) Page 1 of1
The attached request is publicly available From: Danoff, Karen <foia.resource@nrc.gov> in ADAMS as ML20293A212. Sent: Tuesday, October 11, 2016 10:41 AM To: FOIAPASECY Resource Cc: FOIA Resource; Danoff, Karen; Stevens, Margo
Subject:
FOIA/PA-2016-00664 Action Item/Instructions Search for Records in Perfected Request Attachments: 2016-0664.pdf Offices Assigned Action on October 11, 2016; SECY Based on the requester's fee category, and how he is seeking docurne.nts electronically, there no billable fees. The request is now considered "~rfected." Please provide the Government lnformation Special isl, who is named below, with the responsive records on or before October 2-', 2016, which is ten ( I0) working days from the date of this e-mail. The Government fnformation Specialist for this request is Karen Danoff, who can be reached at 301-415-5072 or Karen.Danoff@n11c.gov. (b)(5) C If there are no responsive records, please respond with "No records." If you believe any other office, not copied on th.is e-mail, may have responsive records, please let the assigned specialist know. The FOIA request should be processed in accordance with the standard instructions (How to Respond to a FOIA Request) at ML16123Al64. NRC Form 511, "Program Office Response to a FOIA Request" is available in the NRC Forms Library for your use.
From: Danoff, Karen <foia.resource@nrc.gov> Sent: Tuesday, October 04, 2016 1:28 PM To: OGC_FOIA_COORDINATOR Resource l/\M,.\-l)~ d, ,,¥) 1 A~ Cc: FOIA Resource; Danoff, Karen; Stevens, Margo \0\\1- r .'Q.. ~t,A\,:J
Subject:
FOIA/PA-2016-00664 Action Item/Instructions Review of Referred ecords Attachments: 2016-0664.pdf; FOIA 2016 0664 Form 496A Referral form_OGC.pdf; Mll6216A702.pdf A referral for FOIA/PA-2016-00664 is being assigned to OGC on October 4, 2016. The due dat1: is October 18, 2016. 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 the responsive record (if record can be l.ocated in OGC's files, please see comments section of Form 496A). The record is attached. NRC Form 496, "Report ofStalTResources 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 I<11ren.Danoff@nrc.gov. Thank you. 1
NRC FORM 496A U.S. NUCLEAR REGULATORY COMMISSION FOIA NUMBER (0&-2015)
.~q.V"'~.,'°o:
REFERRAL RELATED TO FOIA REQUEST
!¥) 2016-0664 \. ....-* 11" 0 INITIAL REQUEST APPEAL OFFICE TO: FOIA COORDINATOR - Cynthia Davidson OGC TELEf'HONE NUMBER FROM: FOIA SPECIALIST- Karen Danoff (301) 41 5-5072 We are refening the record(s) Identified below or on the attached list for appropriate action, as noted. Please complete the actions Indicated and return this referral end the record(s) to this office by Oct ober 18, 2016 . If you have any questions regarding this matter, telephone the FOIA Speciafist.
Provide your office's concurrence/nonconcurrence In the originating 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 that( was referred to the NRC for review by another agency. disclosure determination/recommendation or reaffirm the Initial dlsdosure determination/recommendation.
)
Records that you provided this office In response to this FOIA request are being returned to you for further review/clarification for reasons noted [{) Other required action as noted In the COMMENTS section below. In the COMMENTS section below. COMMENTS (b)(5) OFFICE RESPONSE SIGNATURE - FOIA COORDINATOR ITvoed First & Last Name Indicates Your Electronic Slanaturel Date II I NRC FORM <498A (08-2016) Page 1 of 1
From: FOIAPASECY Resource Sent: Thursday, October 06, 2016 3:09 PM To: FOIA Resource Cc: Danoff, Karen; Stevens, Margo; Bates, Andrew; Lewis, Antoinette; Craver, Patti; McCloskey, Bridin
Subject:
FOIA/PA-2016-0664 - SECY Response Hi Karen , As discussed, please close this referral package for ML16216A707 and task SECY for a search for record assignment. SECY will search the official files.
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 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/Instructions 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: lWFN-5 F09 301-415-5072
The 1st and 3rd attachments are records (as ultimately processed) - - - - - - - - - - - -- - - - - - - - - - - - - - - - - ~addressed in multiple FOIA requests, including interim response # 5 to your From: Danoff, Karen NRC-2018-000096. This response is Sent: Wednesday, October 05, 2016 10:32 AM publicly available in ADAMS as To: FOIAPASECY Resource ML20288A415. The 2nd attachment is Cc: FOIA Resource; Danoff, Karen; Stevens, Margo the request, which is publicly available
Subject:
FOIA/PA-2016-0664 Action Item/Instructions Disclosure in ADAMS as ML2028A412. Determination/Recommendation Attachme nts: Redacted June 10 2013 meeting agenda.pdf; FOIA 2016-0664 Incoming.pdf; ML16216A707.pdf; FOIA 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. A tasking will be saved in FOIAXpress to reflect the due date . Thanks , Karen . ,,o}
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r;y-Karen Danoff Government Information Specialist (}l)0-OCIO/CSD/FPJB/FOIA Team TWFN-5 F06 Mail Stop: TWFN-5 F09 301-415-5072 Karen.Danoff@nrc.gov 1
NRC FORM 496A U.S. NUCLEAR REGULATORY COMMISSION FOIA NUMBER (06-2015)
...q>*"-"<*~
REFERRAL RELATED TO FOIA REQUEST
~~ \,.. ~; .. 2016-0664 ..... ~ [Z] INITIAL REQUEST APPEAL OFFICE TO: FOIA COORDINATOR - Kristy Remsburg SECY TELEPHONE NUMBER FROM: FOIA SPECIALIST-- Karen Danoff (301) 415-5072 or We are refemng the -record(s) identified below* on lhe attached list for appropriate action, as noted. Please complete the action& Indicated and return this referral and the. record(s) to this office by October 191 2016 . If you have any que*stlons regarding thls matter, telephone the FOIA Spedallst.
D Provide your office's concurrence/nonconcurrence In the originating office's disclosure recommendation for each record. Complete NRC Form 496, 'Report of Staff Resources for Processing 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 inillal 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 are being returned to you for further review/clarification for reasons noted in Ihle COMMENTS section below. D Other required 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 {Typed Flrat & Last Name lndh;atea Your Electronic Slanature) Date 11 I NRC FORM 496A (08-2015) Page 1 of1
NRC FORM 511 U.S. NUCLEAR REGULATORY COMMISSION (11-2015) PROGRAM OFFICE RESPONSE TO A FOIA REQUEST TO: Government Information Specialist FOIA, Privacy & Information Collections Branch (FPIB) IKaren Danoff I FROM: FOIA Coordinator IDeanna Warner I
SUBJECT:
FOIA-I 2016-00664 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? (Check all that aooly). (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 NRG 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. Se.ction 4. SEA~ 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,gQY 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 nQ! find that the infonnation rec~mmended to be withheld has been publicly released by theNRC. Section 6. DISCRETIONARY RELEASEIFORSEEABLE HARM DETERMINATION: We are recommending that exemption 2 and/or exemption 5 be claimed for certain records (or information within records) and a particularized harm statement, signed by the Office Director or delegate, is attached. We are making a discretionary release. Briefly describe the records (or information within records) for which such discretion was made. NRC FORM 511 (11-2015) Page 1 of 2
NRC FORM 511 U.S. NUCLEAR REGULATORY COMMISSION (11-2016) PROGRAM OFFICE RESPONSE TO A FOIA REQUEST (Continued)
SUBJECT:
I _ _ _ _ _ _ _ _ _2_0_1_6_-0_0_6_64 F0IA - ._ _ _ _ _ _ _ _ _____.I Section 7. (Mg.UDE IN PUQLIC ADAMS: The NRC places F0IA 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 p ublic interest, or 1 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? OYes O No Section B. ~ 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 F0IA 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 tile records, or information within the records, that you recommend be redacted, including the exemption(s) that should be claimed. (Attach separate pages, if needed). (b)(5) NRC FORM 61 1 (11
2015) Page 2 of 2
From: Danoff, Karen <foia.resource@nrc.gov> Sent: Tuesday, August 23, 2016 10:05 AM To: FOIAPARES Resource Cc: Kardaras, Tom; Danoff, Karen; FOIA Resource
Subject:
FOIA/PA-2016-00664 Action Item/Instructions Search for Records in Perfected Request Attachments: 2016-0664.pdf __,.,. ~~ h1
~~ .,.,, ,_, Actlo"'" *** " " '* 2016, ,AJUn,n.J.t.R.jlwrn W'( d.tt, '{-/IJ/4,,,( f/i.'-~ ~ f~ . / .
Because the requester is receiving the documents ilt electronic format, there arc no billable fees. Toe request is now considered "perfected." P l e a s ~ the Govemment Information Specialist, who is named below, with the responsive records on or before September 6, 2016, which is ten (10) work.ing days from tbe date of this e-mail. TI1e Government Jnfonnation Specialist for this request is Karen Danoff, who can be reached at 301-415-5072 or Karen.D1noff@nrt.gov. 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 responsive records, please let 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 ML16123A164. NRC Form 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 challenging the adequacy of the search, please also have each member of your staff who conducts a search complete NRC Form 51lA, "Documentation of a FOIA Search," which is also available in the NRC 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 of tile completed NRC Forms 51IA along with the NRC Form 511 you return lo the assigned specialist. Alternatively, you may complete theNRC Form 51 JA 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 perfonning adequate ADAMS searches if you have any difficulty 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 f.QM,~~~m!rn,@m:£,gQ.Y, as well as the assigned specialist. Thank you. 1
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 Mure 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 FOIA 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. ML12335A069, LI C-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 Meeting1With 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. ML13218A160, Template for Staff Assessment of Response to 10 CFR 50.54(1)
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 t,o 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, 043 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 Bums ancj 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 USAGE 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. D1-15-5254 21 . ML16242A343, Sensitivity Review: ML16195A368-A369 ML16232A001 ML16236A018-A019 ML16236A021 ML16236A230 ML16237A004-A007 ML16238A005-A011 ML16238A013-A014 ML16239A085 ML16242A333 ML16242A344 ML16244A000-A009 ML 16245AO00-A002

22. ML16242A344, 2016-Aug-29 Verification of ldenitity 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 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 #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 #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 #C 13-002, "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 #C 13-027, "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 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 12/10/2012 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 (ML091110104J and related emails, etc. (all released in response to FOIA-2014-0237).

29. ML16244A009, redacted Memorandum to File, dated 3/19/2011 from OIG C111-031 ,
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 09/09/2016, re: Larry Criscione, OSC File No. D1-15-5254

33. L16216A703, 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 an 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, 2013-0022Aand 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, 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 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 foregoinq is true and correct.
Signature Date Date of Birth 6
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 August 19, 2016 FOINPA-2016-00664 David Lochbaum Union of Concerned Scientists PO Box 15316 Chattanooga, TN 37415
Dear Mr. Lochbaum:
We received your Freedom of Information Act (FOIA) request on August 19, 2016. Your request seeks access to the following ADAMS documents: ML16200A049. ML16201A086, ML16201A093, ML16201A095, ML16201A100, ML16202A536, ML16202A537, ML16202A538, ML16204A001 , ML16204A002, ML16216A702, ML16216A703, ML16216A704, ML16216A705, ML16216A706, ML16216A707, ML16216A708, ML16216A709, ML16216A710, ML16216A711 , ML16216A712, and ML16216A713. Your request has been assigned the following reference number that you should use in any future communications with us about your request: FOIA/PA-2016-00664. To ensure the most equitable treatment possible of all requesters, the NRC processes requests on a first-in, first-out basis, using a multiple track system based upon the estimated time it will take to process a request. Based on your description*of the records you are seeking, we estimate completion of your request will be on or before October 3, 2016. Please note that we are estimating that completion will take more than 20 working days because we expect that we will have to consult with multiple program and/or regional offices within the NRC. Please know that this date roughly estimates how long it will take us to close requests ahead of yours in the respective track and complete work on your request. The actual date of completion might be before or after this estimate, based on the complexity of all of the requests in the complex track. We will advise you of any change in the estimated time to complete your request. In an effort to process your request promptly, you may wish to narrow the scope of your request to limit the volume of potentially responsive records. For purposes of assessing fees in accordance with our regulations (10 CFR 9.33), we have placed your request in the following category: Educational/Non-commercial Scientific. If applicable, you will be charged appropriate fees for: Duplication only. As the responses will be provided to you electronically, you will not incur any duplication charges.
The following person is the Government Information Specialist who has been assigned responsibility for your request: Karen Danoff at 301-415-5072 or Karen.Danoff@nrc.gov. If you have questions on any matters concerning your FOIA request, please feel free to contact the assigned Government Information Specialist or me at (301) 415-7169. Sincerely, Stephat,i,e,,13~ (w Stephanie Blaney Acting FOIA Officer Office of the Chief Information Officer
personal record personal record From: Stevens, Margo <foia.resource@nrc.gov> Sent: Wednesday, August 16, 20171:19 PM To: dlochbaum@ucsusa.org Cc: Stevens, Margo
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 1
From: Nikki Gramian <nikki.gramian@nara.gov> Sent: Tuesday, August 15, 201710:44 AM To: Stevens, Margo
Subject:
[Extemal_Sender] Re: test Attachments: OGIS response.pdf 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.
Margo I.. Stevens

fUI5l .'Analyst/'Team. Leader (Ccmtractor)
OCJO/(;j'.£:MS/Inform.ution Servi.c es 'Brandi.
'Cl.S. .'Nu.clear 1~egu(a.tory Cornmissfrm 11545 'Rud.ville 'Pili.e, :Mai{Stoy T-2}7 'Rocf:.vi((e, .'M.aryla.na 20852 'fe(e_pfione #: tw1) 415-8148 From: Nikki Gramian [10]
Sent: Tuesday, August 15, 2017 10:42 AM 1
To: Stevens, Margo <Margo.Stevens@nrc.gov>
Subject:
[External_Sender) test Nikki Gramian Deputy Director of OGIS (202} 741-5772 2
2/16/2017 National Archives & Records Administration Mail . Your December 6, 2016 request for OGIS assistance NATIONAL o" Carrie McGuire <carrie.mcguire@nara.gov> ARCHIVE\ii 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 (NRC) 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 NRC 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 final 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 OGIS staff htlps://mail.google.com/maillu/CV?vl=2&1k=4670430a94&vi~=pt&search=sent&msg=15a479fa28855929&slml=15a479fa28855929 1/1
From: FOIA Resource Sent: Tuesday, December 06, 2016 6:51 AM To: Danoff, Karen
Subject:
FW: Copy of UCS letter to OGIS re: NRC FOIA lack of responses for lack of response appeals Attachments: 20161205-ucs-ogis-nrc-foia-appeal-help.pdf FYI From: Dave Lochbaum ochba um@ucsusa.org Sent: Monday, December 05, 2016 1:56 PM To: FOIA Resource <FOIA.Resource@nrc.gov> Cc: Johnson, Michael <Michael.Johnson@nrc.gov>
Subject:
[External_Sender] Copy of UCS letter to OGIS re: NRC FOIA lack of responses for lack of response appeals Good Day: UCS mailed a copy of the attached letter to OGIS requesting their help in getting the NRC to respond to my Lack of Response appeals of FOIA requests. Under FOIA, UCS requested records by the individual ADAMS accession numbers. NRC provided neither the requested records nor any justification for not doing as federal law requires. So, I formally appealed the NRC's non-response. NRC has neither granted or denied by appeal. Not very appealing, to UCS. Hopefully, OGIS will transform "NRC inaction" into "NRC in action."
Thanks, Dave Lochbaum ucs 1
Union of ed * * [Concem Scientists ucsusa.org Two Brattle Square, Cambridge, MA 02138-3780 t 617.547.5552 f 617.864.9405 1825 I< Street NW, Suite 800, Washington, DC 20006-1232 t 202.223.6133 f202.223.6162 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 312.578.1751 December 5, 2016 Nikki Gramian Office of Government Information Services National Archives and Records Administration 860 I Adelphi Road, Room 2510 College Park, MD 20740 Request for Assistance with Freedom Ofinformation Act Requests of the
SUBJECT:
Nuclear Regulatory Commission Dear Ms. Gramian I attended the public meeting conducted on March 23, 2015, by the Nuclear Regulatory Commission (NRC) at its headquarters offices regarding processing of requests submitted under the Freedom ofinformation Act (FOIA). I.appreciated your presentation on the role of the Office of Government Services (OGIS), particularly the mediation function OGIS provides between requestors and agencies prior to, and hopefully in lieu of, FOIA lawsuits. I need assistance by O~HS in remedying a recurring problem with the NRC's lack of responses to my FOIA requests and my FOIA appeals. On August 19, 2016, the NRC acknowledged a FOIA request from me for 22 records. The 22 records requested were all contained in the NRC's Agencywide Document Access and Management System (ADAMS) and were referenced by their ADAMS accession numbers (i.e., ML numbers). The NRC assigned tracking number FOIA/PA 20 I 6-0664 to this request. By October 17, 2016, the NRC had my request for well over 30 working days yet produced not a single record nor referenced a single exemption as to why records could not be provided. On that date, I submitted a Lack of Response appeal which was assigned tracking number FOIA/PA 20 l 7-0024A by the NRC. As of today, that appeal is more than 30 working days old yet still has not been addressed by the NRC. Based on past experience and some research of FOIA requests and appeals over the past five years, it appears to me that the NRC does not properly address Lack of Response appeals. Instead of assigning th*e appeal to the appellate authority for addressing within the statutory required time frame, the NRC ignores the appeal until it can be administratively closed following the closure of the initial FOIA request. There's little to no evidence that a Lack of Response appeal alters the NRC's timeliness or content of the subject FOIA request. Below is a summary of the records I requested under FOIA/PA 2016-0664. It is unclear to me why it has not been possible for the NRC to release any portion of any of these records or to explain to me why more time is necessary.
ML1620IA086 is an email concerning the failure of the NRC's Inspector General to address concerns regarding the security of dams upstream of nuclear reactor plants.

ML 1620 I A093 is an email concerning a Memorandum of Understanding the NRC' s Advisory Committee on Reactor Safeguards (ACRS) has with the US Army Corps of
Engineers (USACE) regarding the review of studies concerning dams upstream of the Fort Calhoun nuclear station.
ML16201A095 is an email regarding the NRC's policy ofrestricting access to dam-related information on a need-to-know basis.

ML16201A100 is an email regarding hazards associated with keeping inundation levels from the public.

ML16202A536 is an email regarding the NRC's history in addressing haz.ards that upstream dams pose to nuclear reactor plants.

ML I6202A537 is an emai I mentioning subject matter experts at the NRC with regard to potential catastrophic flooding at nuclear reactor plants due to failure of upstream dams.

ML16202A538 is an email regarding the storage of some mitigation equipment at the Peach Bottom Atomic Power Plant.

ML16204A001 is an email sent to various Congressional offices concerning the NRC's lack of transparency regarding the impacts of dam failures on downstream nuclear power plants.

ML l 6204A002 is an open letter sent by NRC employee Richard Perkins to the NRC Inspector General. (The NRC's inability to provide this requested record is particularly baffling because the agency had previously released it-in entirely non-redacted form-in response to FOIA/PA 2014-034. What game of hide & seek is the NRC playing and why are they playing it?)

ML16216A702 is an email which contains reference to the pursuit of criminal charges against an NRC employee who shared dam-related information with Congress.

ML16216A_703 is a request for a felony indictment submitted by the NRC's Office of the Inspector General (OIG) and the subsequent declination by the US Attorney in Springfield, IL.

ML16216A704 is a record of the Linked-In profile of the NRC's then Director of the Japan Lessons-learned Directorate (JLD).

ML16216A705 is a summary of an interview of the former NRC Dam Safety Officer by agents of the NRC's Inspector General.

ML16216A706 is a FOIA appeal that went unanswered and eventually led to a lawsuit.

ML16216A707 is an email concerning the NRC's policy of redacting certain information from records regarding dams.

ML16216A708 is a letter responding to a FOIA requestor.

ML16216A709 is a letter concerning overdue FOIA appeals.
December 5, 2016 Page 2
MLl6216A7l0 is input provided to an OIG audit team looking into the NRC's FOIA process.

ML16216A712 is a FOIA appeal.

ML16216A713 is a FOIA request.
On September 9, 2016 J requested another 35 records from the N RC. That request was acknowledged by the NRC on September 12, 2016 and assigned tracking number FOIA/PA 2016-072 I. After more than 9 weeks I have neither received a single record from that request, nor have l received any response regarding why those records need not or cannot be provided within the statutory requirements of the FOIA. I appealed the NRC's Lack of Response to FOIA/PA .2016-0721 on November 2, 2016. The NRC acknowledged my appeal on November 3, 2016, and assigned tracking number FOIA/PA 2017-0024A. As of today, that appeal is more than 30 days old yet still has not been addressed by the NRC. Below is a summary of the records requested via FOWPA 2016-072 l :
MLl 6232A00 I contains the sensitivity review for the records requested under FOIA/PA 2016-0664.

ML l 6236A0 18 contains a style-sheet used by the NRC for documenting their reviews of post-Fukushima flooding documents.

ML I 6236A0 19 is a video of flooding that occurred at the NRC regulated commercial nuclear reactor plant outside of St. Lucie, FL.

ML 1623 6A02 l is an email discussing flooding at the reactor plant outside of St. Lucie, FL.

ML16236A230 is a memo sent from the NRC's Dam Safety Officer to the NRC's Generic Issues Branch requesting the initiation of a Generic Issue regarding potential flooding at nuclear power plant sites due to upstream dam failures.

ML16237A004 is an email from the NRC to various members of the public distributing the slides which Duke Energy pr~sented at a March 25, 2013 public meeting.

ML16237A005 is an email from the NRC to Duke Energy directing them to redact information from a power point presentation.

ML16237A006 is a FOIA appeal.

ML16237A007 is an email sent from the Greenpeace to individuals potentially attending a March 25, 2013 NRC public meeting.

ML16238A005, MLI6238A006, ML16238A007, ML16238A008, MLl6238A009 and ML16244A000 are transcripts of interviews conducted by agents of the NRC's Inspector General.
December 5, 2016 Page 3
ML16238A010, MLl6238AOl l, MLI6244A00I, ML16244A003, ML16244A004, ML16244A005, MLI6244A006 and ML16244A007 are recordings from Lawrence Criscione's interrogation by agents of the NRC Inspector General that were released to him as the result of a Privacy Act lawsuit.

ML16238A013 is an NRC report of a security infraction.

ML16238A014 is an undated internal NRC memorandum regarding release of dam-related information to Congress.

ML16239A085 is letter issues as part of the settlement of a Privacy Act lawsuit.

ML I6242A333 are comments submitted to the US Office of Special Counsel.

ML I6242A343 contains the sensitivity reviews for records requested under FOIA/PA 2016-072 l.

MLI 6242A344 contains a privacy waiver for records requested under FOIA requests 2016-0664 and 2016-0721.

ML I6244A008 is an email to Commissioner Ostend!orff concerning the threat that failure of the Lake Jocassee Dam poses to the three reactors at the Oconee Nuclear Station.

ML l 6244A009 is an investigative record concerning an NRC employee speaking with the press.

ML I6245A000 contains investigative records concerning participation of an NRC employee at a public meeting.

ML16245A001 contains investigative records concerning a paper an NRC employee wrote for an international technical journal on nuclear safety.

ML16245A002 is an investigative record stating that none of the dam related information discussed during the interrogation of Lawrence Criscione could be withheld under the FOIA.

ML16252A004 is the cover letter for remarks submitted to the US Office of Special Counsel.
I would appreciate assistance from the OGIS in obtaining the records requested from the NRC under FOIAs 2016-0664 and 2016-0721. Note that there should have been minimal search time associated with assembling these records. The only significant endeavor involved for my request would be the review of the records for potential redactions and-if necessary- the assignment of FOTA exemptions for a ll redactions. December 5, 2016 Page 4
Sincerely, David Lochbaum Director, Nuclear Safety Project Union of Concerned Scientists POBox.15316 Chattanooga, TN 37415 423-468-9272, office December 5, 2016 Page 5
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, DC 20555 - 0001 October 18, 2016 FOINPA-2017-00024A FOINPA-2016-00664 David Lochbaum Union of Concerned Scientists PO Box 15316 Chattanooga, TN 37415
Dear Mr. Lochbaum:
We have logged your October 17, 2016 correspondence as an appeal about the lack of response with respect to FOINPA-2016-00664, which asked for the following documents: ML16200A049, ML16201A086, ML16201A093, ML16201A095, ML16201A100, ML16202A536, ML16202A537, ML16202A538, ML16204A001, ML16204A002, ML16216A702, ML16216A703, ML16216A704, ML16216A705, ML16216A706, ML16216A707, ML16216A708, ML16216A709, ML16216A710, ML16216A711, ML16216A712, and ML16216A713. Your appeal has been assigned the following reference number that you should use in any future communications with us about your appeal: FOIA/PA-2017-00024A. The following person is the Government Information Specialist who has been assigned responsibility for your appeal: Karen Danoff at 301-415-5072 or Karen.Danoff@nrc.gov. If you have questions on any matters concerning your FOIA appeal, please feel free to contact the Government Information Specialist assigned to your appeal or me. I can be reached at 301-415-7169. Sincerely, ste:pha,+ue, BUMLey Iw Stephanie Blaney Acting FOIA Officer Office of the Chief Information Officer
[ Unionof d
Concerne Scientists

ucsusa.org Two Brattle Square, Cambridge, MA 02138-3780 t 617.547.5552 f 617.864.9405 1825 K Street NW, Suite 800, Wasb!ugton, DC 20006-1232 t 202.223.6133 f 202.223.6!62 2397 Shattuck Avenue, Suite 203, Berkeley, CA 94704-1567 t 510.843.1872 fSl0.843.3785 One North LnSolle Street, Suite 1904, Chicago, IL 60602-4064 t 312.S78.1750 f 312.578.1751 CASE NO: 2017-0024A DATE REC'D: 10/18/2016 SPECIALIST: Danoff October 17, 2016 RELATED CASE: 2016-0664 David J. Nelson, Chieflnfonnation Officer ChiefFOIA/PA Officer U.S. Nuclear Regulatory Commission Washington, DC 20S55-000 I 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. The NRC assigned number FOIA/PA-2016-00664 to my request. I requested 22 documents by their accession numbers (ML numbers) in ADAMS. In the acknowledgement letter, the NRC staff infonned 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 37415
NIIC KIRM ..., Pa,t I U.&. NUCI..IAll UOULATOIIY e('*MU!OH FOIA RUPONSI! NU*fR (03.2017) I I (¥) ..... RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST NRC-2018-000079 1 1 IU!sPONSI! TYPE D INTERIM ~ 1 FINAL REQUESTtlll: DATE: !Ju lian Tarver 11 rB t 4 21)\1 DESCRIPTION OF Rl!QUESTED RECORDS: MLl 6238A0l3, ML16216A711 and MLl6216A704 PART I. - INFORMATION RELEASED You have the right to seek assistance from the NRC's FOIA Pubic Liaison. Contact information for the NRC's F,OIA Public Liaison Is available t ll1U111*[lwww aa;,gawa11!1ing;m/fgja/coollct:hz1 blml D Agency recoros sUbject to the request are already avaNable on the PubHc NRC NRC PubMc Document Room. Website. in Public AOANS or on mlcroftche In the Agency records subject to the requett ant endoled. Records subject to the request that oontain information originated by or of interest to another Federal agency have been referred to that agency (see comments section) for a disdosure dete1TT1lnatlon and direct respoNe to you. We are continuing to prt>cess your requesL
~ See Comments.
PART I.A - FEES NO FEES AMOUNT' You wia be bllled by NRC for the amount Usted,
~ Minimum fee threshold not met.
II $0.00 JI You wil receive a refund! for the amount listed. D Due to our delayed response, you will
*54oc........,1o,_ Fees waived. not be charged fees.
PART I.B - INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE We did not locate antloagency records responsive to your request Note. Agenoes may treat three discrete categones of law
~ enforcement and na nal security records as not subject to the FOIA rexdusions'") 5 U S.C. 552(c) This I& a standard notification given to all requesters. it should not be taken to mean that any excluded records do, or clo not. exist.
We have withheld certain information pursuant to the FOIA exemptions dnaibed, and for the reason, stated, In Part II. Because this is an Interim response to your request you may not appeal at this time We wiU notify you of your right to appeal any of the responses we have 1SSued in response to your request when we issue our final detennlnation. l7 You mafuappeal this final determination within 90 calendar days of the date of this response sending a letter ore-mall to the FOIA O cer, at U.S. Nuclear Regulatory Commission, Washington. D.C 20555-0001. or FOi Res~arc.goy, Please be
~ sure to Include on your letter or email that It Is a "FOlA Appeal." You have Iha right to seek dispute resolulion services from the NRC's Public Liaison, or the Office of Government Information Services (OGIS). Contact information for OGIS Is available at b1!121;llggi1 l!(g]lm g11~11lout-oaimDl8'1:IDl2m!iUIID him PART I.C COMMENTS { Use attached Comments continuation paae If reaulrecn Please note:
The NRC conducted a thorough search in ADAMS (agency wide document management system) but is unable to locate the requested records Publicly available package is Ml17349A048. Response is ML17349A053 Request is ML17349A054 81gnetura
Fl'Mdom .nnfonnltlon Act ~ - ~ n...i..,_ I
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~'¥.' .....~ INFORMATION ACT (FOIA) REQUEST ~
RElf'ONSE TYPE INTERII FINAL IIEQUESTER: DATE:
!Julian Tarver DUCRIPTION OF REQUESTED RECORDS:
11 JB l f Mtl I ML16238A0l3, ML16216A71 I and MLl6216A704 PART I. - INFORMATION RELEASED You haw the light lo seek assistance from 1he NRC's FOIA Public Liaison. Contact information for lhe NRC's FOIA Public Llaleoo Is available at b1"21rl1www aa; gg~1diog::fDl/fQ!alCQ1Jlli::l:faia blllll 0 Agency record* subject to the reQUest are already avallable on the Public NRC Website, In Pubic ADAMS or on microfiche in the NRC Public Document Room. Agency records subject to the request are endosed. Records subject to the request that contain Information originated by°' of Interest to another Federal agency have been referred to that agency (see comments section) for a disdOSIWe detennlnation and direct response to you. 10 We are contlnuing to process your request 0 See Comments. PART I.A - FEES AMOUNT* NQ Fel;§ You will be billed by NRC for the amount fisted.
~ Minimum fee threshold not met.
II $0.00 II You wltt rece/Ye a rell#ld for the amount listed. D Due to our delayed response, you wll
*SNC:-ID<dllm Fees waived. not be charged faea.
PART 1.8 - INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE We did not locate any agency recon:ls responsive to your request. Nole: Agencies may treat three discrete categories or law
~ enforcement and nallonal security records as not 1ubject to the FOIA ("exoosions") 5 U.S C 552(c). Thit Is a standard notification given to all requesters: ii shoiJd not be taken to mean that any excluded records do. or do not. exist We have withheld certain informaoon pur,uant to the FOIA exemptions described, and for the reasons Slated. In Part II.
Because this Is an Interim response to your request you may not appeal at this time We win notify you of your right to appeal any ol the responaes we have issued in response to your request when M issue our final determination. You ma'eppeal this final determination within 90 calendar days of the date of this response by sending a 1letter or e-mail lo the fOIA O cer, at U.S. Nuclear Regulatory Comm111lon, Was~ton. D.C 2055f>.0001, or FOJA,Resou(t-ll:tf.nrc,gov, Please be
~ sure to indude on your letter or emall lhat ii Is a "FOIA Appeal. You have the right to seek dispute resoluton wrvlces from the NRC's Public Liaison, or the Office of Government lnfonnation SeMces (OGIS). Contact informallon for OGIS is available at lllll'm:/IQgit ,i!r~il/ts.gQvlaboi&gg1s/C001act-1ofonnationhtm PART I.C COMMENTS ( Uae attached Commants contlnuatJon oaae If reaulred)
Please note; The NRC conducted a thorough search in ADAMS (agency wide document management system) but is unable to locate the requested records Slantin
Fl'Ndom of lnfonnatlon Act Offlc:ar << 0n1- o.trlbullon 0~\S)' O...'f\\ L~\o ""'.,
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~i~~j Publicly available in package ML18078A514.
appeal letter is ML18078A550 appeal response letter is ML18078A548
The records attached (as ultimately processed) are addressed in the response to multiple requests, including interim response # 5 to your NRC-2018-

i oo0096. This response is publicly From: Stevens, Margo available in ADAMS as ML20288A415.

Sent: Tuesday, February 06, 2018 9:39 AM To: Chidichimo, Gabriele; Blaney, Stephanie
Subject:
Your Tarver appeal (sorry, I don't know its reference#) Attachments: Criscione Privacy Waiver.pdf, ML16238A013.pdf; ML16216A711 _UCS Briefing Book.pdf (b)(5)
(b)(5)
M.areo L. Stevens J'Ol.:A. ..'AnaCyst/'T'eam Lea.a.er (Contractor) oao/{i'E:MS/Informati.on Services 1lrancli
'U.S. :Nuc{.ear 'ReguCaJ.ory Commission 11545 1wckvitfe 'Piie, :Mau Stop 'I'-2:J1 1wci:vilfe, :MaryCana20852 'J"e{.eplione #: (301) 415-8148 2
NRC FORM 48' Part I U.S. NUCU!AR REGULATORY COMMISSION FOIA RESPONSE NUMBER I II I 10:.-20171 RESPONSE TO FREEDOM OF 2016-0721 4
,~;\ ~'.....?j INFORMATION ACT (FOIA) REQUEST RESPONSE
[Z] TYPE INTERIM FINAL REQUESlER: DATE: joavid Lochbaum 11 08/1 1/2017 I DESCRIPTION OF REQUESTED RECORDS: Request for 35 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:/lwww.nrc.govlreadinil*rm/foia/contact-foia.html 0 Agency records subject to the request are already available on the Public NRC Website, In PubUc ADAMS or on miccofiche 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. We are continuing to process your request. [Z] See Comments. PART I.A - FEES NO FEES AMOUNT' You will be billed by NRC for the amount listed. [Z] Minimum fee threshold not met. II II You will receive a refund for the amount listed. D Due to our delayed response, you will
'Ste Commonlt lo, Otllill Fees waived. not be charged fees.
PART 1.8 - INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE We did not locate any agency records responsive to your request. Note: AJendes may treat three discrete categories of law D notification enforcement and na!lonal security records as not subject to the FOIA ("ex usions"). 5 U S.C. 552(c). This Is a standard given to all requesters; it should not be taken to mean that any excluded records do, or do not. exist. [Z] We have withheld certain Information pursuant to the FOIA exemptions described, and for the reasons stated, in Part II. Because this is an interim response to your request, you may not appeal at this time. We w,11 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 ma~appeal this final determination within 90 calendar days of the date of this response bA sending a letter or e-mail to the FOIA O Icer, at U.S. Nudear Regulatory Commission, Washin~ton, D.C. 20555--0001 , or FOi .Resource@nrc.gov.. Please be [Z] sure to indude 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 htt12_s://QJJi_s.archives~ o11/about-QSis/contact~nfonnatiO('I htm PART I.C COMMENTS ( Use attached Comments continuation page If required) We provided interim responses to you on 12/29/2016, 02/08/2017, and 05/03/2017. This final response addresses the remaining three (3) 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 lnfonnatlon Act Officer or Deslgnee Di1tributlon stephanie . A. Blaney :. :::::*=*-=-==----=--- a.. ..
,.1111_.,.a...,. I lsEcY _J OFFICE I ACTION OFFICER FOIA OFFICER NAME ML Stevena SA Blaney PUBLIC ADAMS DATE 08111/2017 08/11/2017 NON.PUBLIC ADAMS NRC Form 464 Pert I (03-2017) Page 1 of 3
NRC FORM 48.( Part I U.S. NUCLeAR REGULATORY COMMISSION FOIA RESPONSE NUMBER (0l-2017) RESPONSE TO FREEDOM OF INFORMATION 1 2016-0121 II 4 [l] ACT (FOIA) REQUEST Continued RESPONSE INTERIM FINAL TYPE REQUESTER: DATE: loavid Lochbaum 1 ~ 11112011=:J PART I.C COMMENTS (Continued) ML I6252A004 and ML I 6242A333 consist of a letter written by private counsel retained by an NRC staff member, Lawrence Criscione (who has furnished a privacy waiver), and several documents, identified as Exhibits 1-6, to this letter, respectively. The letter and exhibits were apparently prepared by, or on behalf of, Mr. Criscione relating to a personal matter. Nothing on the face of these records evinces NRC's receipt of them. Nor has NRC located another copy ofthcsc records that were received in the course of any NRC staff's assigned duties in its record systems, As such, we have determined that these two records are personal records. As such, they arc not subject to the FOIA and have not been processed. MLl6242A343 consists of several documents that were prepared by Mr. Criscione. The first document is an email, dated September I0, 2016, addressed to multiple NRC staff members in the Office of Nuclear Regulatory Research (RES). Although the email indicates that there was a draft attachment, this record does not include the attachment. The second document is another email, dated September 9, 2016, from Mr. Criscione to a few of the same RES staff members, to which is attached five Fonns 665 (ADAMS Document Submission). This record is enclosed; please note th.at after consulting with another Federal agency having equity in the infonnation contained in the record, we have made certain redactions in reliance on FOfA exemptions 6, 7A, and 7C. NRC Form -464 Part I (03-2017) Pau- 3 of 3
NRC FORM 4C4 Part II U.S. NUCLEAR REGULATORY COMMISSION FOIA (03-20171
,...........;\
RESPONSE TO FREEDOM OF I 2016--0721 I t¥......) INFORMATION ACT (FOIA) REQUEST DATE: 1 os,11120 11 J PART II.A -APPLICABLE EXEMPTIONS Records subject to the request are being withheld in their entirety or in part under the FOIA exemption(s) as indicated below (5 U.S.C. 552(b)). D Exemption 1: The withheld Information Is property dassifted puisuant to an Executive Order p,otecting naUonal security lnfonnatioo. Exemption 2: The withheld Information relates solely to the lntemal pel$Ollnel rues and pracllces or NRC. D Exemption 3: The withheld Information is specifically exempted from public dlsdosure by the statute indicated. Sections 141-145 of the Atomic Energy Ad, which prohlblts the dlsdosure of Restricted Data or Former1y Resb1cted Data (42 U.S.C. 2161-2165). Section 147 of the Atomic Energy Act, which prohibits the dlSCios11e of Undassllled Safeguards lnfoonatlon (42 U.S.C. 2167). D
'41 U.S.C. '4 702(b). which prohibits the disclosure ot contractor proposals, except when Incorporated rito the contract between the agency and the submitter of the proposal.
Exemption '4: The withheld Information Is a trade secret or contldentlal commercial or ftnanclal lnformabon that Is being withheld for the reason(s) indicated. The Information Is considered to be proprietary because it concerns a hc:ensee's or a,:,plicant's physical protection or material control and accounting program for special nuclear material pursuant to 10 CFR 2.390(d)(1). The lnfomietlon is considered to be another type°' confidential business (proprietary) information. D The information was submitted by a foreign source and received In confldenoe pursuant to 10 CFR 2.390(d)(2). Exemption 5: The withheld infom,ation consists of interagency or lntraagency records that are normally privileged In civil lltlgatlon. Deliberative process privilege. 0 Attorney wor1( product privilege. D Attorney-client privilege. [Z] Exemption 8: The withheld Information from* ~,-oMOt. medical, or almllar file, la ,xemp<<ed from public: diadosure because 11, dlaclosure would resuh in a clear1y unwarranted Invasion of personal privacy. [Z] Exemption 7: The withheld riformatlon conslsts of records compiled for law enfOlcement purposes and II being withheld for the reason(s) Indicated. I{] (A) Olsdosure could reasonably be expected to intertere with an open enlorcemtnt proceeding. 0 (C) Disclosure could reuonably be expected lo con1tiM1 .,, unwarranted Invasion of personal privacy. (D) The Information consists of names and other Information the disclosure of which could reasonebly be expected to revea I Identities of confidential D sources. (E) Olsc:loslSO would reveal techniques snd procedures for law ento<<:ement Investigations or prosecutions, or guidelines that could reasonably be D expected to risk clrrumventlon of the law. D (F) Disclosure could reasonably be expected to endanger the life or physical safety of an Individual. Other I I PART 11.B - 1O ENYING OFFICIALS In accordance with 10 CFR 9.25(g) and 9.25(h) of the U.S. Nuclear Regulatory Commission regulations, the offlclal(s) listed below have made the determination to withhold certain Information responsive to your request Al'PtUAl1!0l'flCIAL DENYING OFFICIAL TITLE/OFFICE RECORDS DENIED 100 l(CY IRcx:helle Bavol 11 F.xcc Asst to the Secy to the Cornm,ssion 11 third pany Pll; matenal pertamma 10 onaoina I D [Z] 11 I procccdina ID 11 I _J 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.Resourca@nrc.g__ov. Please be sure to include on your letter or email that It Is a "FOIA Appeal." NRC Form 46-4 Part II (03-2017) Page 1 of 1
NRC FORM 464 Part I U.S. NUCLEAR REGULATORY COIIIIISSION FOIA RESPONSE NUMBER (IIJ.2017) REQUESTER:
,~ ;,; !~~ ...~.~
RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST I 2016-0721
RESPONSE
TYPE [Z] 11 INTERIM DATE: 3 FINAL I loavid Lochbaum DESCRIPTION OF REQUESTED RECORDS: 11 I Request for 35 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 hllJls.//www.nrc.gov/rel!dinQ:'.rm/fQja/QQnta1.!*f2ii!.blml [2] Agency records subject to the request are already available on the Pubfic NRC Website, in Public ADAMS or on mletofiche In the NRC Public Document Room. (Zj Agency records subject to the request are endosed. 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. [2] We are continuing to process your request [2] See Comments. PART I.A - FEES NO FEES AMOUNT" 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. 0 Fees waived. not be charged fees.
'6" Comm- lct -
PART I.B - INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE D enforcement We did not locate any agency records responsive to your request. Nole: A~encies may treat three discrete cate~ories of law and national security records as not subject to the FOIA f'ex usions"). 5 U.S.C. 552(c). This Is a s andard notification given to all requesters; ii should not be taken to mean that any excluded records do, or do not exist.
0 We have w~hheld 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, yoo may not appeal at this lime. We will notify you of your right to (Zj appeal any of the responses we have issued in response to your request when we issue our final determination. You mafu appeal this final determination within 90 calendar days of the date of this response bA sending a letter or e-mail to the FOIA O cer, at U.S. Nuclear Regulatory Commission, Washington, D.C. 20555-0001 , or FOi .Resource~nrc,gov, Please be hUJ2a:JLggJ.11..arcbi:i.e11,goYlabgw.:ggis/cont~:infonnalign.htm 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 lnfomnation Services (OGIS). Contact Information for OGIS Is available at PART I.C COMMENTS ( Use attached Comments continuation page if required) This interim response addresses 10 more ofthc 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] Slanature - Freedom of lnfonnatlon Act Officer or OeslanH Olstrlbutlon I ~U)~Q."'" ~ \ C\. \[\\\I I .s/ lI OFFICE ACTION OFFICER FOIA OFFICER I NAME ML Stevens SAB~ PUBLIC ADAMS NON-PUBLIC ADAMS DATE 04/2812017 04/28/2017 NRC Form 464 Part I (03-2017) Page 1 of4
NRC FORM 414 Part I U.S. NUCUAll REGULATORY COMIIISSION FOIA RESPONSE NUMBER (03-2017) RESPONSE TO FREEDOM OF INFORMATION l 2016-0721 II 3 I ACT (FOIA) REQUEST Continued RESPONSE TYPE 0 INTERIM FINAL REQUESTER: DATE: loavid Lochbaum PART I.C COMMENTS !Continued! 11 I The record designated as ML16236A018 is an email exchange between staff members in the Offices ofNuclear Regulatory Research (RES) and New Reactors (NRO) , to which a red-lined draft of a "Style Sheet", including personal advice and recommendations about writing style by its author, was attached. This draft was not finalized, although it is similar to NUREG-1379 NR.C Ed.itorial Style Guide. It is also noted that the focus of the email exchange was a particular template NRO used to write reviews of post-Fukushima Recommendation 2.1 Flood Hazard Reevaluation Reports, which is different altogether from the red-lined drafl the originating RES staff member had attached to his email. A copy of tbe email ex.change is enclosed. ML I 6236A230 is an early draft document, Generic Issue Program Proposal - Random Failure of an Upstream Darn." The NRC is exercising its discretion to release this record in its entirety; it is enclosed Since all but one of the email ex.changes included in the record corresponding to ML I6237A004 are already publicly available as a result of our processing ofFOIA-2013-0264, please refer to ML13226A261-ML13226A264, MLI 3 l 23A204, and ML13226A259. We note that the redactions of personally identifiable infonnation (PU) on the basis of exemption 6 were already applied in the emails included within ML16237A004. We have enclosed the one addjtional email exchange that had not been the subjccl of any prior requests; the personally identifiable information (PU) appearing in this record has been redacted under exemption 6. We continue to assert exemption 7F for the cross-section diagram of the Jocassee Darn, whicb is slide 18 in the attachment to the email that is ML I3226A264. The record that corresponds to ML I6236A005 is also already publicly available as a result of our processing of FOIA-2013-0264; please refer to MLl3226A259. M116237A006 is a letter from a third party individual (who has provided a privacy waiver) to then-EDO Bill Borchardt and then-Chief FOIA Officer Darren Ash, following up on a pending FOIA appeal, FOIA-2013-009A, including seven enclosures. The enclosures consist of: ( l) an acknowlcdg,nent letter; (2) a Form 464 response package to 2013-0126 (which is already publicly available as ML13106A167), including an appendix listing the already publicly available redacted records responsive to the request; (3) ML13099A247 (as redacted); (4) ML13039A084 (as redacted); (5) ML13039A0086 (as redacted); (5) a copy of the U.S. Anny Corps of Engineers (ACE)'s Engineer Manual, "General Design and Construction Considerations for Earth and Rock-Fill Darns," (which is publicly available at ACE's website) and a Continuing Education & Development, Inc. cover sheet for a program on this subject (which is also publicly available at its website); and (7) an unredacted copy of the cross-section diagram of the Jocassee Dam. With the exception of enclosure 7, the pages of this record are enclosed. As for enclosure 7, this diagram continues to be withheld on the basis of exemption 7F as noted above. ML16237A007 was detennined to be a personal, rather than agency, record. The email was a personal email received by an NRC slaffmember at a personal email address. Since NRC has not located another copy of the email received in the course of any NRC staff member's assigned duties in any of its records systems, we have determined that the email is a personal record. (The slides attached to this email are identical to ML16237A004 and included in MLI 6237A007, which we have addressed above.) As such, it is not subject to the FOIA and has not been processed. ML16238A0 l3 is a NR.C Fonn 183, Report of Security Incident/Infraction/Violation that was completed as a result of actions taken by an NRC staff member, who has furnished a privacy waiver. Accordingly, we have enclosed a copy for you. [continued on next page] NRC F0/1Tl 46-4 Part I (03-2017) Page 3 of 4
NRC FORM 484 Part I U.S. NUCLEAR REGULATORY COMMISSION FOIA RESPONSE NUMBER (03-201'1') RESPONSE TO FREEDOM OF INFORMATION I 2016-0121 11 3 I ACT (FOIA) REQUEST Continued
RESPONSE
TYPE 0 INTERIM FINAL REQU ESTER: DATE: loavid Lochbaum 11 I PART I.C COMMENTS (Continued) ML16238A014 is a copy ofan undated memorandum from Mary Jane Ross-Lee to Richard Correia concerning the subject "REPORT OF SECURITY INCIDENT (TNFORMATION SPILL)" related to the event that is the subject of ML I6238AO I3. Because the subject of this event has furnished a privacy waiver, a copy of this memorandum is enclosed. l\1L 16239A085 consists of (I) an email exchange among the General Counsel to the Inspector General, the NRC Solicltor, and a lawyer representing an NRC staff member (who has furnished the above-referenced privacy waiver) with respect to the resolution of a prior FOIA lawsuit he had tiled; (2) a letter from the General Counsel to the Inspector General to this individual; and (3) a copy of the stipulation of dismissal of that lawsuit, which is publicly available. They are enclosed. ML I6244A008 consists of an email from this same NRC staff member (who, as noted above, has provided a privacy waiver) to Commissioner Ostendorff, in which he forwarded an email exchange he had had with another NRC staff member and attached several other records. This email and the attached records were previously released in part as ML I5 I 28A6 IO; we have revisited the material that had been redacted pursuant to exemption 5 as it incorporates the deliberative process privilege. We continue to assert exemption 6 for a cell# of another NRC staff member. The record, with content restored, is enclosed. The November 14, 2012 letter to Senator Boxer is also enclosed with the author's PII restored, io light oflhe privacy waiver he furnished. NRC Fonn EM Part I (03-2017) Page4 of 4
(03-2017)
,~
NRC FORM 484 Part II
....l RESPONSE TO FREEDOM OF U.S. NUCLEAR REGULATORY COMMISSION I
FOIA 2016-0721 #3 I
~.....~ INFORMATION ACT (FOIA) REQUEST DATE:
I I PART II.A -APPLICABLE EXEMPTIONS Records subject lo lhe requesl are being withheld In their enUrety or In part under the FOIA exemptlon{s) 111 Indicated bek7w (5 U.S.C. 552(b)). D Exemption 1. The withheld Information Is propelly dlssflled pu=ant to an Executive Order protecting national secunty lntonnauon. Exemption 2: The wothheld lnlormabon mates solely to the Infernal personnel rules and prectices ct NRC. 0 Exemption 3: The v.ithheld lnfolmatlon Is specillcally exempted lrom ~lie <frsdolure by lhe statute inclcaled. Section 141-145 of the Alomlc Ena,vy Act, "Miich pr0'11bits the cf.'ldosu111 of Restricted Data or Forml/ly Rettrlcted Olla (-42 U.S.C. 2181-2186), See11on 147 ct the Atomic Energy Ad, Which prohlbhs the dttdoeure at Unc:tu..ffed salegu,rdl tnformellon (42 U.S.C. 2187) 41 u.s.c. 4702(b), which prohibits the <isdoaure ot contractor p,oposais, e,coept -..tien incorponlted into the COfllrllCI betv.ffn the agency end the D submitter at the propos3I. Exemption 4' The wothheld Information is trade - or ccnftdenlill cximnu1n:ial or financial information that is being w,thheld for lhe reason (1) Indicated. The information Is considered to be proprietary because i CX>ncems a licensee's or applicanrs physical protection or material conlrol and eccountlng program for special nuclear materlal purau"1t to 10 CFR 2.390(d)(1 ). Tha lnformadon la considered lo be another type or conlldentt,t business (propr1eta,y) Information. [Z] The lnfotn18tlon was submitted by a foreign source and received In confldenoe pursuant to 10 CFR 2.390(d)(2). Exemption 5: The withheld lnformadon consists of lnlel'agem:y or lntraagency records that are normalY prMleged In cMI lklgatlon. 0 De~berative process prMlege. D Attomey work product privilege. 0 Attorne~ent privilege. [Z] Exempllon 8. Tha withheld lnfonnation from
peraonnet, medical, or aimtlar rde, Is exempted from public cbdosura because 1111 dldoaure would result In a clearly unwarranted lnvesion ot personal pnvacy.
[Z] Exemp(ion 7: The withhetd lnformatJon consists ot records complled for law entorcement puposes and Is being Wlthheld for the rea!IOl1(S) Indicated. (A) Olldosure could reason,bty be expecled to lnlesfere woth en open enforcement proceeding. (C) Olldosure could reaaonabty be expected to conllitute an unwarranted lnva11011 at personal privacy. (0) The Information consists ot names end other lnlormabon the cl9do&tn ot Which could reasonably be e,cpected to reveal Identities of confodential (El ources. Olsdosure would reveal techniques and procedures ror l;rw enforcement Investigations or proscutions, or guidelines that c:oold raasonably be 12]
,xpected to risk an:unwention of the lew.
(F) Disclosure could reasonably be expected to endanger the bfe or physical safety of an lndMdual.
--- ]
0 Other ~ of the requested records is a persona~ rather than agency, reeord 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 offlclal(s) listed below have made the determination to withhold certain Information responsive to your request Al'fttL~lt 0"tf'IAI. DENYING OFFICIAL TITLE/OFFICE RECORDS DENIED mo l!CY ~ hanle A. Blaney JI FOIA omcer 11 3rd p&rty Pll, dehbcrall~* & sccunty-related I [Z] I 1*nformatton I [ ]L _J L _J 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 Commissi on, Washington, D.C. 20555-0001, or
.EQI.A.S.esJll!Kfl@orc.gov. Please be sure to Include on your letter or email that It Is a " FOIA Appeal."
NRC Form -464 Part 11 (03-2017) Page 1 of1
HRC FORM 4114 Part I (OIG) U.S. NUCLEAR REGULATORYCOMM1SSION FOIA RESPONSE NUMBER
,,.,*M* I JI (12-20161 f~ \
RESPONSE TO FREEDOM OF 2016-0721 2 I
~ .....I INFORMATION ACT (FOIA) REQUEST
RESPONSE
TYPE [l] INTERIM FINAL REQUESTER: DATE: loavid Lochbaum DESCRIPTION OF REQUESTED RECORDS: JI EEB O8 2011 I Request for 35 documents by ADAMS Accession Number PART I. - INFORMATION RELEASED Agency records subject to the request are already available in public ADAMS or on m1ctollche in the NRC Public Document Room. 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 detennination and direct response to you. [Z] We are continuing to process your request [Z] See Comments. PART I.A- FEES AMOUNl" II You will be billed by NRC for the amount fisted. None Minimum fee threshold not met. s 11 "SN eonv,,_,11 f a , - You will receive a refund for the amount listed. Fees waived. PART 1.8 - INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE D enforcement We did not locate anJ agency records responsive to your request. Note: Agencies may treat three discrete categories of law and na onal 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. We have withheld certain informabon pursuant to the FOIA exemptions descnbed, 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 nght to 0 appeal any of the responses we have issued in response to your request when we issue our final determination D the You may appeal this final detennlnabon w1th1n 30 calendar days of the date of this response bli sending a letter or email to FOIA Officer, at U.S. Nuclear Regulatory Commission, Washington, D C 20555-0)()1 , or OIA.Resource@nrc.gov. Please be sure to include on your letter or email that 11 1s a "FOIA Appeal." PART I.C COMMENTS ( Use attached Comments continuation page if reauired) in confonnance with the FOIA Improvement Act of 2016, the NRC is informing you that you have the right to seek assistance from the NRC's FOIA Public Liaison. This interim response addresses nine more of the records listed in your request. Since the date of your request, these records h ave been removed from ADAMS. However, because the NRC was able to locate them by the accession numbers when your request was received, except as noted below, we have processed the records. We have enclosed [cont inued on next page]
~ .. ---- ***--ecTOR GENERAL FOR INVESTlOATIONS, OIG JJ----..,.. * - ...
r J wan NRC Form -464 Part I (OIG) (12-2015) jwc111 a ,..l O....Co,11 ~ Pate Paga 2 of 3
NRC FOl!M 414 P*rt I (OIGI U.S. NUCLEAR REGULATORY COMMISSION ,;... F.;;.. 01'--' A_ _ _ _ _ _ RESPONSE NUMBER (12,2016) 1 2016-0121 11 2 1 RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST Continued RESPONSE TYPE INTERIM FINAL REQUESTER: j.- Da-v-i d-Loc_h_b-au_m_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 1 ll DA.TE: ffi3 0 8 2017 1 PART I.C COMMENTS (Continued) copies of ML I6238A007, ML I6238A008, ML I6244A009, and ML I6245A002. Note that these records already included redactions of certain content within them; we have determined that these records, in their redacted formal, may be released 10 you in their entirety. ML16238A005, ML16238A006, ML16238A009, MLl6245AOOO, and MLl6245AOOI were determined to be personal, not agency, records for the reasons set forth below and, accordingly, are not subject to the FOfA and have not been processed.
- ML I6238A005 is a partial transcript of interview that contains as its initial page a typewritten notation apparently prepared-by the individual who received the transcript in response to a FOJA request. In addition, it appears this same individual annotated page 15 of the transcript by adding a boxed comment. Since the Office of Inspector General did not locate another copy of this record in its records systems, we determined it is a personal record. - MLI 6238A006 is a transcript of interview that contains a handwritten notation on page 25, line 22, apparently written by the individual who received the transcript in response to a FOIA request. Since the Office oflnspector General did not locate another copy of this record in its records systems, we determined it is a personal record. -- ML I6238A009 is a transcript of interview that contains highlighting of selective text appearing on pages I 1- 12, apparently added by the individual who received the transcript in response to a FOIA request. Since the Office of Inspector General did not locate another copy of this record in its records systems, we determined it is a personal record. -- Both ML l 6245AOOO and ML I6245AOO I consist of multiple pages from two different OIG investigative files, selectively culled from the totality of the files, with cypewrinen commentary and highlighting throughout, apparently added by the individual who received these pages in response to a FO[A request. Since the Office of Inspector General did not locate another copy of these records in its records systems, we determined they are personal records.
NRC Form -464 Part I (OIG) (12-2015) Page lof 3
NRC FORM 4'4 Pert I (OIG) (12,2015)
;\
U.S. NUCLEAR REGULATORY COMIIIISSIOH RESPONSE TO FREEDOM OF I FOIA 2016-0121 11 RESPONSE NUMBER 2 _J {, ~ .1 INFORMATION ACT (FOIA) REQUEST
..... /
RESPONSE
TYPE [Z] INTERIM FINAL REQUESTER: DATE: FEB o 8 2017 loavid Lochbaum 11 I DESCRIP'll"ION OF REQUESTED RECORDS: Request for 35 documents by ADAMS Accession Number PART I. - INFORMATION RELEASED Agency records subject to the request are already available In public ADAMS or on mlCfofiche In the NRC Public Document D Room. Agency records subject to the request are endosed. Records subject to the request that contain lnfonnabon onginated by or of Interest to another Federal agency have been referred to that agency (see comments secbon) for a disclosure detenmnation and direct response to you. 0 We are continuing to process your request. 0 See Comments. PART I.A - FEES Al.IOU~* II You wiU be billed by NRC for the amount listed. None. Minimum fee threshold not met.
$ II *s.. Cotrmen** ta, deta You will receive a refund ror the amount fisted.
Fees walved. PART 1.8 - INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE D enforcement We did not locate any agency records responS1Ve to your request. Note: Agenoes may treat three discrete categories of law and nabonal security records as not s111bject 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. 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 nobfy 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. D the You may appeal this final determination within 30 calendar days of the date of this response by sending a letter or email to FOIA Officer, at U.S. Nudear Regulatory Commission, Washington D.C 20555-0001, or FOIA.Resourcetmnrc.gov. Please be sure to indude on your letter or email that rt is a "FOIA Appeal." PART I.C COMMENTS ( Use attached Comments continuation page If reaulred) In conformance with the FOIA Improvement Act of 2016, the NRC is informing you that you have the right to seek assistance from the NRC's FOIA Public Liaison. This interim response addresses nine more of the 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, except as noted below, we have processed the records. We have enclosed (cont inued on next page] b. s*A" ECTOR GENERAL FOR INVESTIGAllONS, 01G DISTR.IBUTION ~ IJOSe_ph Jl :Mc:Mia'an 11 OFFICE ACTION OFFICER AIGOFFICER NAME (b)(6) rr. "'1( ti: f ."J PUBLIC ADAMS [Z) NON-PUBLIC ADAMS DATE ii <L\ \"l -JK/t) NRC Form &4 Part I (OIG) (12-2015) P1g11 of3
NRC FORM 414 Port I (OIGI U.S. NUCLEAR REGULATORY COMMISSION ,F __OIA _ _ _ _ ___, RESPONSE NUMBER 1
~
112-20,&1 1 2016--012, 11 2 RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST Continued RESPONSE INTERIM FINAL TYPE 1 REQUESTER:
'"!0-a-vi-d -Lo-ch-b-au_m_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ___,11* ftB O8 2017 DATE:
J PART LC COMMENTS (Continued! copies ofML16238A007, ML16238A008, ML16244A009, and MLl6245A002. Note that these records already included redactions of certain content within them; we have determined that these records, in their redacted format, may be released to you in their entirety. ML16238A005, MLl6238A006, MLl6238A009, ML16245A000, and ML16245A0OI were determined to be personal, not agerncy, records for the reasons set forth below and, accordingly, are not subject to the FOIA and have not been processed.
** ML16238A005 is a partial transcript of interview that contains as its initial page a typewritten notation apparently prepared by the individual who received the transcript in response to a FOIA request. In addition, it appears this same individual annotated page 15 of the transcript by adding a boxed comment. Since the Office of Inspector General did no! locate another copy of this record in its records systems, we determined it is a personal record. - ML l 6238A006 is a transcript of interview that contains a handwritten notation on page 25, line 22, apparently written by the individual who received the transcript in response to a FOIA request. Since the Office oflnspector General did not locate another copy of this record in its records systems, we determined it is a personal record. -* ML l 6238A009 is a transcript of interview that contains highlighting of selective text appearing on pages 11-12, apparenttly added by the individual who received the transcript in response to a FOIA request. Since the Office of Inspector General did not locate another copy of this record in its records systems, we determined it is a personal record. -- Both ML I6245A000 and ML 16245AOO I consist of multiple pages from two different OrG investigative files, selectively culled from the totality of the files, with typewritten commentary and highlighting throughout, apparently added by the individual who received these pages in response to a FOIA request. Since the Office oflnspector General did not locate another copy of these records in its records systems, we detennincd they are personal records.
NRC Form 4 Part I (OK,) (12*2015) Page 3 of 3
I Note to OIG Reviewers FOIA-2016-0721 #2 This is the second interim response for FOIA-2016-0721 ; the first addressed records from the program offices, so It was signed by the FOIA Officer. This response addresses nine OIG records, some of which have been determined to be agency records, and others that have been determined to be personal records, as noted below: AGENCY RECORDS:
1. ML16238A007

2. ML16238A008

3. ML16244A009

4. ML16245A002 NOT AGENCY RECORDS:

1. ML16238A005

2. ML16238A006

3. ML16238A009

4. ML16245A000

5. ML16245A001 Copies of the four agency records that are proposed for release in their entirety may be found on 1he CD behind the "RELEASED RECORDS" divider. All nine records may be found on the CD included in the green folder
rNRC FORM 464' Part I U.S. NUCLEAR REGULATORY COMMISSION FOIA RESPONSE NUMBER (12-2015)
,... ~
RESPONSE TO FREEDOM OF I 2016-0721 11 I I l¥J...... INFORMATION ACT (FOIA) REQUEST
RESPONSE
TYPE 0 INTERIM FINAL REQUESTER: DATE: loavid Locflbaum I[ J2/29/2016 J DESCRIPTION OF REQUESTED RECORDS: Request for 35 documents by ADAMS Accession Number PART I. - INFORMATION RELEASED Agency records subject to the request are already available In public ADAMS or on microfiche In the NRC Publlc Document Room. Agency records subject to the request are endosed. Records subject to the request that contain information Ofiginated by or of interest to another Federal agency have been referTed 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 AMOUNT" II You wm be billed by NRC for the amount listed. [ZJ None. Minimum fee threshold not met.
$ II '6" comm-ror CMtailt You will receive a refund for the amount listed. Fees waived.
PART I.B - INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE We did not locate anrc agency records responsive to your request. Note: Agencies may treat three discrete categories of law enforcement and nat onal security records as not subject to the FOIA ("excluslons"). 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. 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. Wa will notify you of your right to appeal any of the responses we have Issued in response to your request when we issue our final determination. D You may appeal this final determination within 30 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_fO!A.BH2J.1rC§.@.nr~QY.. Please be sure to lndude on your letter or email that it is a "FOIA Appeal." PART I.C COMMENTS ( Use attached Comments continuation page If required) In confonnance with the FOIA Improvement Act of 2016, the NRC is informing you that you have the right to seek assistance firom the NRC's FOIA Public Liaison. This interim response addresses four of the records listed in your request. The responsive records are enclosed, and arc released in full. Since the date of your request, ML16232A00I, ML16236A0l9, MLI6236A021 and MLI 6242A344 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. SIGNATURE. FREEDOM OF INFORMATION ACT OFFICER DISTRIBUTION Nina. .'Argent, .'Acting I SI 1 IREs, RI, RII J OFFICE ACTION OFFICER R AOFFIC?ER [Z) PUBLIC ADAMS NAME KDanoff Ko F?Xraent~ NON-PUBLIC ADAMS DATE 12/29/2016 1~olt/J1, NRC Form 464 Part I (12-2015) Page 1 of2
FOIA REFERRAL & PACKAGE ROUTING SLIP Date: 5/22/2017 F0IA- 2016-0721 r Response #_4..___ __ Tyre Action Item: F0IA Referral F0IA Response Package for Concurrence [Z] F0IA Response Package for Signature How to be De livered: (Z]walk Around OFax OEmail ~itm DeliverB~ram Off~ FOIA Coordinator:_ _ _ _ _ _ _ _ __ Other Instructions: You previously issued interim response #2 in this request, which is one of the group of requests seeking the records added to ADAMS by Mr. Criscione. FOIA Caf<<:>.rorker & Phone #:
~ § i e ~415-8148 Rev 12/14
NRC FORM <114 Part I (OIG) U.S. NUCLEAR REGULATMY COMMISSION FOIA RESPONSE NUMBER (0~20171
'\
RESPONSE TO FREEDOM OF I 2016-0721 11 4 I
\~) ..... INFORMATION ACT (FOIA) REQUEST
RESPONSE
TYPE [Z] INTERIM FINAL REQUESTER: DATE: joavid Lochbaum 11 *Y 2 4 2017 I DESCRIPTION OF REQUESTED RECORDS: Request for 35 documents by ADAMS accession number PART I. - INFORMATION RELEASED You have the right to seek assistance from the NRC's FOIA Public Liaison. Contact informabon for the NRC's FOIA Public Liaison Is available at https*ttwww.nrc.gov/readlng-rm/foia/contact-fol~.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 AAIOUNT" You will be billed by NRC for the amount listed. IL JI Due to our delayed response, you will Minimum fee thrnshold not met. You will receive a refund for the amount listed. not be charged fees. Fees waived.
-S- CcrnmMtt for de11...
PART 1.8 - INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE D enforcement We did not locate any agency records responsive to your request Note* Agencies may treat three discrete categories of law and national security records as not subjeot 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 e>Cist. 0 We have withheld certain 1nformabon 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 nght to 0 appeal any of the responses we have issued in response to your request when we issue our final determination. You maki appeal this final determination w1th1n 90 calendar days of the date of this response by sending a letter or e-mail to the FOIA O Icer, at U.S. Nudear Regulatory Commission, Washington. O.C. 20555-0001, or FOIA.Reso_urce@l'JIC.&Q1/4 Please be D sure to Include on your letter or email that 11 is a "FOIA Appeal." You have the nght to seek dispute resolution services from the NRC's Pubhc Liaison, or the Office of Government Information Services (OGIS). Contact information for OGIS is available at https://o~is.orchives.r.ov/about-o~s&2.nlact-inform,'11ion lrltm PART I.C COMMENTS ( Use attached Comments continuation page If required) This interim response addresses 9 more of the records listed in your request This response also addresses one other record that we had previously addressed in interim response #2, as discussed below. 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] es:;::_tant Inspector General for Investigation,, OIG Distribution
~ IjorG I OFFICE ~en~ OF':!.CER AIGOFFICER NAME "'"' MlSteven* JA McMIiian PUBLIC ADAMS DATE 0S/22/2017 f/il{/, 7 0 NON-PUBLIC ADAMS NRC Fonn o4S. Part I (OIG) (03-2017) Page 1 of3
NRC FORM 414 Pert I (010) U.S. NUCLEAR REGULATORY COMMISSION FOIA RESPONSE NUMBER (0:1-2017)
,, ....... .\ RESPONSE TO FREEDOM OF I 2016-0721 11 4
I
\..~) INFORMATION ACT (FOIA) REQUEST
RESPONSE
..... TYPE 0 INTERIM FINAL REQUESTER: DATE:
J#J,Y 2 4 llf7 loavid Lochbaum 11 I DESCRIPTION OF REQUESTED RECORDS: Request for 3S 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 avaUable at https:/fw\w/.nrc.gov/reading-rm/foia/contacHoia.Mml 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 blned 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. D
'SM COffllM<ltt fo, dololl Fees waived. not be charged fees.
PART 1.8 - INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE We did not locate any agency records responsive to your request. Note* Agencies may treat three discrete categories of law 0 enforcement and nattonal security records as not subject to the FOIA ("exdusionsj. 5 U.S.C. 552(c). This is a standard notification given to all requesters; It should not be taken to mean that any exduded 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 notlfy 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 calendar days of the date of this response bA sending a letter or e-mail to the FOIA Officer, at U.S. Nuclear Regulatory Commission, Washington, D.C. 20555-0001 , or FOi .Resource~ nrc.gov. Please be D sure to Include on your letter or email that it Is a "FOIA Appeal." Yoo have the right to seek dispute resolut on services from the NRC's Public Liaison, or the Office of Government lnfonnation Services (OGIS). Contact information for OGIS is available at tlru)s://og!§,archlves g.ov/ab,Q\11-{)gis/contact-lnfom,tition htm PART I.C COMMENTS ( Use attached Comments continuation oaae If reaulred) This interim :response addresses 9 more of the records listed in your request. This response also addresses one other record that we had previously addressed in interim response #2, as discussed below. 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 - AHl1tant Inspector Gener91 for lnvNtfaatlons, OIG Distribution ,,, tr:) ilom I OFFICE ACTION OFFICER AlG~ER NAME ML Stevens ~cMlllan PUBLIC ADAMS DATE 05/22/2017 (7 1-t(/,) 0 NON-PUBLIC ADAMS NRC Fom, 464 Part I (OIG) (03-2017) Page 1 ol 3
Note to OIG Reviewers: It is my understanding that Karen Danoff had supplied you with copies of the audioclips and physical documents being addressed in this response. For your convenience, however, I have enclosed a CD she had made of these same items. Please ensure that it is returned with this package, so that we have a complete record of the records being addressed in this, interim response. (b)(5) 1:::x:!~ FOIA Analyst (contractor/team lead) May 22, 2017
From: Danoff, Karen <Karen.Danoff@nrc.gov> Sent: Thursday, January 05, 2017 7:38 AM To: FOIAPAOIG Resource Cc: Bartley, Malion; Danoff, Karen; Stevens, Margo
Subject:
FOIA/PA-2016-00721 Action Item/Instructions Review of Referred Records Attachments: FOIA 2016 0721 496A Referral form OIG.pdf A referral for FOIA/PA-2016-00nI is being =igned to OJG on January 5, 2017. The due d111e is January 19, 2017, which is ten (10) worlcing days from me date of this e-mail. Yi /w taiJ Theaction needingtobetalcen: ~ Owt' fa.aAl.-i11 1()(\ fo~f /IO, Review Audio Files and their conesponding transcript to dctennioc whether they are considered official agency records, or not. This tasking is not for a , FOIA release determination. Additional info"natioo is provided in the 11tached FOIA Referral Form, Form 496A. _l(_ b )_(5 _)_ _ _ _ _ _ _ __ 1l1c records are on a CD, and arc being hand-carried (along wilh a copy oflhe Form 496A) 10 your office today, January 5, 2017. The Oovemmcnt Information Specialist for this request is Karn Danoff, who can be reached at 301-415-5072 or Karen.DanolT@nrc.gov. To avoid Inundating FOIA,Resource@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 ON.LY to the assigned specialist. If a specialist Is scheduled to be out of t;ne office when y9ur tasking Is du!!, he or she will advise you of any change to this practt~e, Tbankyoo.
From: FOIAPASECY Resource Sent: Thursday, October 13, 2016 1:44 PM To: FOIA Resource Cc: Danoff, Karen; Stevens, Margo; Bates, Andrew; Lewis, Antoinette; Craver, Patti; Mccloskey, Bridin
Subject:
FOlA/PA-2016-00721 - SECY Response Good Afternoon, This closes SECY/OCM action.
Thanks, Kristy Kristy Remsburg Correspondence and Records Office of the Secretary U.S. Nuclear Regulatory Commission Office: 301-415-1667 From: Danoff, Karen [mailto:fola.resource@nrc.gov)
Sent: Tuesday, October 11, 2016 11:35 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-2016-00721 Action Item/Instructions Search for Records in Perfected Request ffices ~11 ned cli n o SECY Based on the requester's fee category, and how he is seeking documents electronically, there are no billable fees. The request is now considered "perfected.* Please provide the Government Information Specialist, who is named below, with the responsive records oo or before October 24, 2016, which is 1en (10) working days from the date of this e-mail. The Government Information Specialist for this request is Karen D1nofT, who can be reached al 301-415-5072 or ~.DanQff@nrc.aov. (b)(5)
From: Danoff, Karen <foia.resource@nrc.gov> Sent Tuesday, October 11, 2016 11:35 AM To: FOIAPASECY Resource Cc: FOIA Resource; Danoff, Karen; Stevens, Margo
Subject:
FOWPA-2016-00721 Action Item/Instructions Search for Records in Perfected Request Attachments: 2016-0721.pdf .K 1)\V' The attached request is publicly available in 2 294 Office, M~ignird Action on Octoher 11, 2016; ,'S\Q:; ADAMS as ML 0 AOGS. SF.CY ~ Based on the requester's fee category, and how he is seeking documents electronically, there ore no billable fees. The request is now considered "perfected." Please provide the Government Tnfonnation Specialist, who is named below, with the responsive records on or h.:for.: October 24, 2016, which is ten (JO) working days from lhe date of this e-mail. The Government lnfonnation Specialist for this request is Ka~n Danoff, who can be reached at 301-41S.S072 or Knn. Danofl@nrc.eov. (b)(5) If there nre no responsive records, please respond with "No records.* lf you believe any other office, not copied on this e-mail, may have responsive records, please lei lbe assigned specialist lcnQw. The FOIA request should be processed in accordance with the standard instructions (How to Respond to a FOIA Request) at ML16123Al64. NRC Form S11, "Program Office Response to a FOIA Request" is available in the NRC Fonns Library for your use. lo order to document the search conducted, in the event of an appeal cbal hinging the adequacy of the search, please also have each member of your staff who conducts a search complete NRC Fonn SI IA, "Documentation of a FOIA Search," which is also available in the NRC Forms Library for your use. Please review these forms to ensure that an adequate, and consisl.Cllt, search has been performed ~ithin your office. Then include copies oftbc completed NRC Forms SI I A along with lhe NRC Form Sil you return to the assiancd specialist Alternatively, you may complete the NRC Form Sil A on behalf of your office, based upon the descriptions of searches provided to you by your office staff. Y011 are encouraged to ask for assistance in performing adequate ADAMS searches if you have any difficulty doing a search. NRC Fonn 4%, "Report of Staff Resources for Processing FOIA Requcsu" is also available in the NRC Forms Library for your use. When you respond, please make sure that you are sending your response to FOlA.Resour~CJl.U,~ as well as the assianed specialist Thank you. 1
From: Danoff, Karen Sent: Thursday, October 06, 2016 10:26 AM To: FOIAPARES Resource Cc: Kardaras, Tom; Stevens, Margo
Subject:
closing out FOIA/PA-2016-00721 Action Item/Instructions Disclosure Determination/Recommendation Hi Deanna, Per our conversation with the SECY FOIA Coordinator this morning, this tasking has now been closed out using today's date. No more action is required from RES at this time. A new tasking may be sent out in the future. NRO, the other office tasked, was also notified.
Thanks, Karen From: Danoff, Karen (mallto:foia.resource@nrc.gov)
Sent: Tuesday, October 04, 2016 2:54 PM To: FOIAPARES Resource <FOIAPARES.Resource@nrc.gov> Cc: Kardaras, Tom <Tom.Kardaras@nrc.gov>; Danoff, Karen <Karen.Danoff@nrc.gov>; Stevens, Margo <Margo.Stevens@nrc.gov>; FOIA Resource <FOIA.Resource@nrc.gov>
Subject:
FOIA/PA-2016-00721 Action Item/Instructions Disclosure Determination/Recommendation A rererra! for FOJA/PA-2016-00721 is being assigned to RES on Octobtr 4, 2016. The due date is Octobtr 18, 2016, which is ten (10) woricing days from the date of this e-mail. The action needing lo be taken: Provide a disclosure determioatioo/rccommendation fOf' which your office is n:sponsiblc and which is subject to this request The records are attached. NRC Form 496, "Report ofStaff Resources for Processing FOIA Request" is available in the NRC Forms Library for your use. The Government lnfonnation Specialist for this request is !urea Danoff, who can be reached at J0J-415-5072. or ~_i!nofl@nri;.£m;. Thank you.
From: Danoff, Karen <foia.resource@nrc.gov> Sent Tuesday, October 04, 2016 2:54 PM To: FOIAPARES Resource Cc: Kardaras, Tom; Danoff, Karen; Stevens, Margo; FOIA Resource
Subject:
FOIA/PA-2016-00721 Action Item/Instructions Disclosure Determination/Recommendation Attachments: 2016-0721.pdf, FOIA 2016 0721 Form 496A Referral form_RES_ML16236A018.pdf; ML16236A018.pdf A n:ferral for FOlA/PA-2016--00721 is being assigned to RES on Octobtr 4, 2016. The due da11: is Octobtr Ill, 2016, which is ten (JO) woricing days from the date of this e-mail. lbc action needing 10 be token: Provide a disclosure determination/recommendation for which your office is mponsible and whic'h is subject lo this request. The records are allachcd. NRC Form 496, "Repon ofStaff Resources for Processing FOIA Request" is available in the NRC Fonns Library for your use. The Govemmcn1 Information Specialist for this request is Karen Danoff, who can be reached at 301-415-5072. or Karen.Danoff@nn:.gov. l'hank you. The first attachment is the request, which is publicly available in ADAMS as ML20294A068. The 3rd attachment is a record (as ultimately processed) that is addressed in response to multiple requests, including interim# 5 to y,our NRC-2018-000096. This response is publicly available in ADAMS as ML20288A415.
NRC FORM 496A (06-201S)
,~, ~
REFERRAL RELATED TO FOIA REQUEST U.S. NUCLEAR REGULATORY COMMISSION FOIA NUMBER 2016-0721
\. /. ...... 12] INITIAL REQUEST APPEAL OFFICE TO: FOIA COORDINATOR- Deanna Warner RES TELEPHONE NUMBER FROM: FOIA SPECIALIST- Karen Danoff (301) 415-5072 We are refelring the record(*) ldentllltd beloW or on the attached lilt for appropriate ac:llon, as noted. Please complete lhe 1cllon1 indlcalld and relllm thla referral and the record(s) to this office by October 11, 2016 . If you have any questions regarding this matter, telephoneo the FOIA Specialist.
Provide your office's concurrence/nonconaurence in the orig1natrlg Complete NRC Form 496, "Repon or Statf Resources for Processing office's disclosure recommendation for each record. FOIA Requests
Provide a disclosure detennlnatlon/recommendation for each record, which was ldentlfted by another office as a record for which your office The nltlaf denial of records (FOIA Number) has been appealed.
is responsible, and that Is subjecl to this request. Copies of the initial request, denial, and appeal are attached. Have your ofllat condud 1111other review of each ~ord net prollldo either a new Provide a disclosure delennlnatlon/recommendaUon for each record disclosure detenninetlon/recommendation or reaffinn the Initial that was referred to the NRC for review by another agency. disclosure delerminallontrecommendadon. ( ) Records that you provided this office in response to this FOIA reque:st 12] are being relumed to you for further review/clarification for reasons noted Other required adlon as noted in the COMMENTS section below. in the COMMENTS section below. COMMENTS Attached is one record from RES, for RES disclosure release determination/recommendation. Although originally placed into internal ADAMS as ML16236A018, it is no longer available in ADAMS so is attached here. This document is also responsive to FOIA/PA-2016-0731 and to FOIA/PA-2017-0002, but for efficiency, we're only tasking this referral under the lower FOIA case number. Individual has recently signed a revised privacy waiver, 86 will not apply to his personal information. NRO is also tasked for their disclosure release determination for their equities. OFFICE RESPONSE SIGNATUR E - FOIA COORDINATOR ITvped Fir! & Last Name Indicates Your Electronic SIAnaturel Date 11 _J NRC FORM -496A (0&-201~) Page 1 of 1
From: Danoff, Karen Sent: Tuesday, October 04, 2016 2:24 PM To: Warner, Deanna; FOIAPARES Resource Cc: FOIA Resource; Danoff, Karen; Stevens, Margo Subject FOIA/PA-2016-0721 Action Item/Instructions Disclosure Determination/Recommendation Attachments: 2016-0721 Incoming.pdf; FOIA 2016 0721 Form 496A Referral form_RES.pdf; ML16232A001.pdf; ML16242A343.pdf Hi Deanna, A referral for FOIA/PA-2016-0721 is being assigned to RES on October 4, 2016. The due date is October 18, 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 two documents for RES disclosure determination/recommendation. Please see the additional comments in the referral form for addijional information. A tasking will be saved in FOIAXpress to reflect the due date.
Thanks, The 1st attachment is the request, which is publicly Karen available in ADAMS as ML20294A068. The 3rd and 4th attachments are records (as ultimately processed) that are addressed in responses to multiple requests, including interim responses # 6 and 7 to your NRC-2018-000096. These responses are publicly available in ADAMS as ML20288A416 and ML20288A417, respectively.
NRC FORM 496A U.S. NUCLEAR REGULATORY COMMISSION FOIANUMBER (0a-2015)
/~ REFERRAL RELATED TO FOIA REQUEST ,¥; ..... 0 INITIAL REQUEST APPEAL 2016-0721 OFFICE TO: FOIA COORDINATOR - Deanna Warner RES TELEPHONE NUMBER FROM: FOIA SPECIALIST- Karen Danoff (301 ) 415-5072 We 1r1 refelTlng the reco<d(a) ldenUl\ed below or on 1he atllched lial for approprtate ldion, as noted. PleaM complete 1he 101ion1 Indicated and retum this refetral and the record(s) to this 01101 by October 18, 2016 . II you have any questlom regarding this matter, telephone lhe FOIA Spedaftsl D Provide your office's concurrence/nonconcurrence in the originating 0ffioe'1 dlldosure recommendation for each record.
D Complete NRC Form 496, 'Report of Staff Resources for Processing FOIA Requests." D Provide a dlaclosure determlnallon/recommondation fore.ch record, which was Identified by another office n a record for which your otrice The inlllal denial of records (FOIA Number) has been appealed. Is responsible, and that Is subject to this request. Copies of the initial request, denial, and appeal are ettached. Have your Provide a disclosure determinatlon/recommendation for each recool office conduct another review of each record ~nd provide either a new dlsdosure detenninaUonh'ecommendatlon or reaffirm the initial that was referred lo the NRC for review by another agency. disclosure determination/recommendation. ( ) Records that you provided this office In response to this FOIA reque1it ere being returned to you for further review/darification for reasons noted Other required ec:tion as noted In the COMMENTS aedion below. In the COMMENTS sectlon below. COMMENTS Attached are 2 records, received from RES, for RES disclosure release determination/recommendation. Although originally placed into internal ADAMS as ML16232A001 and ML16242A343, they are no longer available in ADAMS so are attached here. Individual has recently signed a revised privacy waiver, 86 will not apply to his personal Information. OFACE RESPONSE SIGNATURE - FOIA COORDINATOR ITvoad First & Lut Name Indicates Your Electronic Slanatunil Dall L ,I J NRC FORM 496A I0&-2015) Page 1 ol 1
From: Danoff, Karen Sent: Thursday, October 06, 2016 10:24 AM To: NRO_FOIA Resource Cc: Correa, Yessie; Stevens, Margo Subjed: Closing out FOIA/PA-2016-00721 Action Item/Instructions Review of Referred Records Good Morning, Per our conversation with the SECY FOIA Coordinator this morning, this tasking has now been closed out using today's date. No more action is required from NRO at this time. A new tasking may be sent out in the future. RES, the other office tasked, will also be notified.
Thanks, Karen Karen Danoff Government Information Specialist OCIO/CSD/FPIB/FOIA Team TWFN-5 F06 Mall Stop: TWFN-5 F09 301-415-5072 Karen, Daooff@nrc.gov From: Danoff, Karen [mailto:foia .resource@nrc.gov)
Sent: Tuesday, October 04, 2016 2:49 PM To: NRO_FOIA Resource <NRO_FOIA.Resource@nrc.gov> Cc: Correa, Yessie <Yessie.Correa@nrc.gov>; FOIA Resource <FOIA.Resource@nrc.gov>; 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 refeml for FOIA/PA-20l6-00721 is being assigned to NRO on Octobu4, 2016. lbe due date is October 18, 2016, which is ten (10) working days from the date oflhis e-mail. The action needing 10 be taken: Provide a disclosure de1cnninatioo/recommcndatloo 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 n,e record is attached. NRC Fonn 496, "Report of Staff Resources for Proussing FOIA Request" is available in lhe NRC Forms Library for your use. TI1e Government lnfonnation Specialist for this request is Karen Danoff, who can be reached atJOl-415-5072. or Kartn.Dnnoff,a rc ...,w. Thank you.
From: Danoff, Karen <foia.resource@nrc.gov> Sent: Tuesday, October 04, 2016 2:49 PM To: NRO_FOIA Resource Cc: Correa, Yessie; FOIA Resource; Danoff, Karen; Stevens, Margo
Subject:
FOIA/PA-2016-00721 Action Item/Instructions Review of Referred Records Attachments: 2016-0721.pdf; ML16236A018.pdf; FOIA 2016 0721 Form 496A Referral form_NRO_ML16236A018.pdf A refemsl for FOlA/l'A-2016-00721 ls being a...igned to NRO on October 4, 2016.
n1e due date is October 18, 2016. which is ten ( JO) worl<lng days from the date ofthise-mail.
The action needing to be taken: Provide a disclosure determination/recommendation for each record lhat wus identified by another office as n record for which your office is responsible and which is subject 10 this ~uest The record is attached. NRC Form 496, "Report ofSUlfT Resources for Processing FOIA Request" is available in the NRC Forms Library for your use. The Govemmenl lnfonnntion Specialist for this request is Karen Dano fl, who can be reached at 301-415-5072. or Karen.DanofT@nrc.&ov. Thank you. The 1st attachment is the request, which is publicly available in ADAMS as ML20294A068; the 2nd attachment is a record (as ultimately processed) addressed in multiple requests, including interim# 5 in your NRC-2018-000096. This response is publicly available in ADAMS as ML20288A415.
NRC FORM '96A (Q&.2015)
,.,........ REFERRAL RELATED TO FOIA REQUEST U.S. NUCLEAR REGULATORY COMMISSION FOIANUMBER !~\ \: ~ [Z) APPEAL 2016-0721 ....... INITIAL REQUEST OFFICE TO: FOIA COOROINATOR - Yessie Correa NRO TELEPHONE NUMBER FROM: FOIA SPECIALIST- Karen Danoff (301) 415-5072 We are referTlng the rec:o,d(a) ldendfled below or on the attached isl for approprlale action, as noted. Please complete the adlona lndic:eted and return 1h11 referral and the reconl(s) to this office by October 18, 2016 . II you have eny queslionl 19gan:ling 1h11 matter, telephone the FOi.A Specl9bt.
D Complete NRC Form 496, "Report or Staff Resources for Processing Provide your office's conrurrence/nonconcurrence In the orlglnabng office's dl1dosure recommendation for each reconl. FOIA Requesi..* 12] Provide a dlsdosure deterrnlnatlon/recornmendallon for each recocd, The tn,tiat denial or records (FOIA Number) haa been appealed. which was Identified by another office ea a record for which your office is responsible, and that is subject lo this request Copies or the initial request, denial, and appeal are attached. Have your office conduct anolher revtew of each record 1md provide either 1111W 0 Provide a dlsdosure detenninaUon/recommendation for each record that was referred to the NRC for review by enolher agency. dlsdosure deterrn11ationlrecommendaUon or reaffum the Initial disclosure determinallon/recommenda~on. ( ) ReOOfdS that you provided thls office In respanse to this FOIA request 0 are being returned to you for further review/clarification for reasons noted In lhe COMMENTS section below. 0 Other required action as noted In the COMMENTS section below. COMMENTS Attached is ,one RES record, for NRO disclosure release determination/recommendation. Although originally placed into internal ADAMS as ML16236A018, it is no longer available in ADAMS so is attached here. This document is also responsive to FOINPA-2016-0731 and to FOINPA-2017-0002, but for efficiency, we're only tasking 1his referral under the lower FOIA case number. Individual has recently signed a revised privacy waiver, B6 will not apply to his personal information. RES is also tasked for their disclosure release determination for their equities. OFFICE RESPONSE SIGNATURE - FOIA COORDINATOR /Tl*IWld First & Ult N,me Indicates Your Electronle Slgn1ture1 Oatt I NRC FORM ,ge.a. (0&-2015) I Page 1 of1 J
From: Dennis, Suzanne Sent: Thursday, September 15, 2016 7:55 AM To: Stevens, Margo
Subject:
RE: New FOIA Request (FOIA_2016-072S
/ML16238A005 - Interview of (b)(l)(C) - redacted L 16238A006 - Interview of - dacted L 16238A007 - Interview of (b)(7)(C) redacted ~ L 16238A008- Interview of (b)(7)(C) - redacted \}ML16242A333- 2016-Sep-8 nsc1one et.a . comments submitted under 5USC1213(1)(e) regarding the NRC Chairman's 2016-June-30 response to the US Special Counsel concerning OSC File No. D1-15-5252 on flooding at reactor sites due to upstream dam failures /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 /ML16252A004- 2016-Sep-9 Cover Letter for 5USC1213(1)(e) comments submitted regarding the Chairman's 2016-June-30 response to the US Special Counsel concerning OSC File No. D1-15-5252 Does that help? Thanks Margo!! From: Stevens, Margo Sent: Wednesday, September 14, 2016 1:24 PM To: Dennis, Suzanne <Suzanne.Dennis@nrc.gov> subject: RE: New FOIA Request (FOIA_2016-0725 Suzanne, I've been working on the "matrix" but I do think it would ease things for me if you could associate the 7 docs you handed me with the ML#s to which they belong..... Thanks.
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Cc: Littlejohn, Jennene <Jennene.Littlejohn@nrc.gov>; Peters, Sean <Sean.Peters@nrc.gov>; Thaggard, Mark
<Mark.Thaggard@nrc.goV>
Subject:
RE: New FOIA Request (FOIA_2016-0725 These are the 7 I printed yesterday.©
Suzanne From: Correia, Richard Sent: Wednesday, September 14, 2016 9:48 AM To: Stevens, Margo <Margo.Stevens@nrc.gov> Cc: Littlejohn, Jennene <Jennene.Littlejohn@nrc.goV>; Peters, Sean <Sean.Peters@nrc.gov>; Thaggard, Mark <Mark.Thaggard@nrc.gov>; Dennis, Suzanne <Suzanne.Dennis@nrc.gov>
Subject:
RE: New FOIA Request (FOIA_2016-0725 I'll ask Jennene if she can access these. Richard P. Correia, P.E. Director, Division ol Risk Analqsis OHice of Nuclear Rea\llatonJ Research U.S.NRC From: Stevens, Margo Sent: Monday, September 12, 2016 12:01 PM To: Correla, Richard <Richard.Correia@nrc,&QY>
Subject:
RE: New FOIA Request (FOIA_2016-0725 Actually, since I wrote this, I learned that Lochbaum and Darth Vader also filed new requests; I have Larry's, Karen has been assigned the other two. There's a total of 35 more records he has added to ADAMS. I can access most, but not, all of them at the moment. Quite a few are audio files (which I didn't even know could be added to ADAMS); they are excerpts of his interview by OIG so I will be letting Stephanie know that we have more to tell Joe McMillan. Can you see whether your Administrative Assistant has access to the following items: ML16238A005 ML16238A006 ML16238A007 ML16238A008 ML16242A333 ML16244A008 ML16252A004
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ADAMS Documents as of 09/16/201612:38:24 PM Page 1 of 2 Accession Number ML1623BA010 Added By User 1$c4 Added On 8/30/16 3:30PM Addressee AlflllaUon Addressee Name Author Affiliation NRCIRES/ORAIOEGIB Author Name Criscione L S Availabilily PubFicly Available Case/Reference Number Comment Added to ADAMS in order to reference in comments on the Chaimlan's 2016une-30 response to the US Office of Special Counsel Contact Person Criscione L S Created By User lse4 Created On 8/25116 6:05AM Current Version Author Name lsc4 Current Version Date 8130/16 3: 30PM Date Declared Date to be Released 8/31/16 12.00AM Docket Number Document Date 1/17/13 12;00AM Documen1 Sensitivity Non-sensitive Document Tille 2013-Jan-17 mp3 Recording of Interrogation of Lawrence Criscione corresponding to transcript pp. 87 to 95 on the topic of spewlatlng who In Collgress shared the Gl-204 screening analysis with Greenpeace Document Type Audio File DocumenVReport Number Estimated Page Co1r1t O File Name p87_line5_to_p95_1ine22 mp3 File Sl.ze 2119003.0 Folders /RES/ORA (2)/Mlscellanoous/HFRB/OSC Fite No Ol*16-5254 Keyword OSC File No. ot-15-5254 Last Access Date License Number Media Type Electronic Modified By User !so4 Modified On 9/10/16 2*59PM O 1clal Record? No Original File Name Exhibit_60_p89_1ine13_to_p98_line19_speculating_on_Congre$5.mp3 Package Number Related Date Replicated No Version Number 3
ADAMS Documents as of 09/16/201612:38:24 PM Page 2 of2 Accession Number ML16238A011 Added Sy User lso4 Added On 8128/16 12:48PM Addressee Affiliation Addressee Name Author AfflllaUon NRCIRES/ORNOEGIB Author Name Criscione L S Availability Publicly Available Case/Reference Number Comment Addod to ADAMS In Older to reforence in comments on the Chairman's 2016uno-30 response to the US Office of Spedal Counsel Contact Person Criscione L S Created Sy User 1s04 Creeled On 8125/16 6:05AM Current Version Author Name lse4 Current Version Date 8/28/16 12 4aPM Date Oedared Date to be Released 8/31/US 12 OOAM Docket Number Document Dale 1/17/13 12:00AM Document Sensitivity Non-Sensitive Document T1Ue 2013-Jan-17 mp3 recording corresponding to pp 116-144 demonstraUng the agent's laek or understanding of the relationship between e1assltled Information and lnformaUon admlnlstrath1ely restricted from pubic release under Informal extralegal proce$&eS DoCIMnent Type Audio FIie DocumenVReport Number Estimated Page Count 0 File Name p116_tlne19_to__p144_line19 (A to P).mp3 FIie Size 3.5157865E7 Folders IRES/ORA (2)/Miscelaneous/HFRBIOSC Fie No. Dl-1$-5254 Keyword osc F*e No. Dt-15-5254 Last Access Date Uocnae Number Media Type Electronic Modified By User lse4 Modified On 9/10/16 3:00PM Official Record? No Original File Name ExhlblL63...P120_1ine19_to__p1 42_Hne24_2h21m50s_understand1ng_wtly_&_responslblllty.mp3 Paekage Number Related Date Repllcated No Version Number 3
UNLTED STATES NUCLEAR REGULATORY COMMISSION WASnINGTON, D.C. lOSSS-0001 September 12, 2016 FOIA/PA-2016-00721 Mr. David Lochbaum Union of Concerned Scientists PO Box 15316 Chattanooga, TN 37415
Dear Mr. Lochbaum:
We received your Freedom of information Act {FOIA) request on September 12, 2016. Your request, which seeks access to 35 records, each identified by an ML accession number, has been assigned the following reference number that you should use in any future communications with us about your request: FOINPA-2016-00721. To ensure the most equitable treatment possible of all requesters, the NRC processes requests on a first-in, first-out basis, using a multiple track system based upon the estimated time it will take to process a request. Based on your description of the records you are seeking, we estimate completion of your request will be on or before October 25, 2016. Please note that we are estimating that completion will take more than 20 working days because we expect that we will have to: D search for, collect, and appropriately examine a voluminous amount of records D consult with multiple program and/or regional offices within the NRC
~ consult with other Federal agencies having equities in the records D refer records to a licensee, or other business submitter D undertake a declassification review of classified records; or D retrieve records from Federal Records Centers or other off-site facilities.
Please know that this date roughly estimates how long it will take us to close requests ahead of yours in the respective track and complete work on your request. The actual date of completion might be before or after this estimate, based on the complexity of all of the requests in the complex track. We will advise you of any change in the estimated time to complete your request. In an effort to process your request promptly, you may wish to narrow the scope of your request to limit the volume of potentially responsive records. For purposes of assessing fees in accordance with our regulations (10 CFR 9.33), we have placed your request in the following category: Education/Non-Commercial Scientific. If applicable, you will be charged appropriate fees for: Duplication Only. However, as we expect to provide you with our response electronically, as you have requested in the past, you will not incur duplication charges.
2 - The following person is the Government Information Specialist who has been assigned responsibility for your request: Karen Danoff at 301-415-5072 or Karen.Danoff@nrc.gov. If you have questions on any matters concerning your FOIA request, please feel free to contact the assigned Government Information Specialist or me at (301) 415-7169. Sincerely, Step~'BUM'ley lw Stephanie Blaney Acting FOJA Officer Office of the Chief Information Officer
personal record personal record From: Stevens, Margo <foia.resource@nrc.gov> Sent: Tuesday, August 15, 2017 11:13 AM To: dlochbaum@ucsusa.org Cc: Stevens, Margo
Subject:
FOIA-2017-0076A (appeal of FOIA-2016-0721) By letter dated November 2, 2016, you appealed the lack of a timely response to your September 12, 20 16, Freedom oflnfom1ation Act {FOIA) request, FOIA-20 l 6-0721. Your appeal was assigned the reference number, FOIA-2017-0076A. Your request sought access to 35 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, O.C. 20555-0001 FOIA.Resource@nrc.gov Ph: 301-415-7169 Fax: 301--415-5130
From: Blaney, Stephanie Sent: Wednesday, February 15, 201712:35 PM To: Stevens, Margo
Subject:
RE: 2016-0664 & 2016-0721 Need Status ASAP Please review my response to OGIS and let me know ... b)_(5_)_ _ _ ___, l(_ Nikki, Here is the status of those two FOIA requests (b)(5) I hope this helps you, however if you need further discussion please don't hesitate to contact me. From: Stevens, Margo Sent: Wednesday, February 15, 201711:02 AM To: Danoff, Karen <Karen.Danoff@nrc.gov>; Blaney, Stephanie <Stephanle.Blaney@nrc.gov>
Subject:
RE: 2016-0664 & 2016-0721 Need Status ASAP
The difficulty with projecting a final completion date for any of the remaining FOIA's in this group, or for them all, is that a number of the records are awaiting OSC's response. My POC there had said we'd see their views last Friday, but it didn't arrive (at least not to me). I am going to try to reach her today to find out whether the letter was sent out and, if so, by what means (and whether she can just email it to me) As you'll recall, if it l(b)(5) I There are a few other stragglers to deal with; they may only be responsive to my requests, and not the two lochbaum went to OGIS about, however. MarlJO [, ..\te*v cns J(JJ **\ ,\;wl11,tlfrwn frc11fr1 (to11 lrac1<1r) uc /I 1/(il'A-JVllser Serv1Lt*~&'l(Jf'I/Pnv1~n1 'Bnm rli ti..\. :Nucli*ar 'l<-t!lJILlcllory C.t>mmL.\.'l l(l/L
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ldr1>IW'llr II:: (..w,) p-; 8148 From: Danoff, Karen Sent: Wednesday, February 15, 2017 10:56 AM To: Blaney, Stephanie <Stephanie.Blaney@nrc.gov> Cc: Stevens, Margo <Marg_o.Stevens@.nrc:3._ov>
Subject:
'RE: 2016-0664 & 2016-0721 Need Status ASAP Hi Stephanie, For every response I do for 2016-0664, I will also complete an identical response for 2016-0665 (Vader). Those requests came in the same day and requested the same 22 documents.
Margo - please weigh in. Status of 2016-0664: Out of 22 documents requested, I can prepare a 464 for either you or for OIG for 11 of them in the next few days. The remaining are held up responses from OSC and SECY. My last email correspondence with the requester about this case was on 10/17/16. A copy of my email is in the correspondence log. Status of 2016-0721 Out of 35 documents requested, 13 have already been responded to. 2016-0721#1 was sent on 12/29/16 addressing 4 documents and 2016-0721#2 was sent on 2/6/17 addressing 9 documents. Out of the 22 remaining documents, I can prepare a 464 for either you or for OIG for 16 of them in the next few days. We're still working on the remaining 6 documents. Our last correspondence with the requester was the 2016-0721#2 sent on 2/18/17. 2
Karen From: Blaney, Stephanie Sent: Wednesday, February lS, 2017 6:28 AM To: Danoff, Karen <Karen.Danoff@nrc.gov>
Subject:
2016-0664 & 2016*0721 Need Status ASAP Good Morning Karen, I need the status of these two FOIAs asap. Mr. Lochbaum has reached out to OGIS concerning these. In the status you provide I also need an estimated completion date. Thank you , Stephanie 3
u *o nof ucsusA.org Two Br:ittle Square, C,unbridge, MA 02138-3780 t 617.547.5552 f 617.864.9405 [ Concerned Scientists 1825 K Street NW, Suite 800, WubingtoD, DC 20006-Ull t 202.lll.6133 (202.223.6\62 2397 Shattuck Menuc, Su.itt- 203, Bcrl<<lcy, CA 94704-1567 t 510.843.1872 f 510.843.37115 One North LaSalle Street, Suite 1901, Chicago, IL 60602-4064 t312.S78.1750 f 312.578.1751 CASE NO: 2017-0076A DATE RECD: 11/03/2016 SPECIALIST: RELATED CASE: November 2, 2016 David J. Nelson, Chief information Officer ChiefFOlA/PA Officer U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 FOIA/PA Appeal: -FOIA/PA-2016-00721
Dear Mr. Nelson:
On behalf of the Union of Concerned Scientists. r appeal the lack of response lo my request under the Freedom oflnformation Act which was acknowledged by the Nuclear Regulatory Commission (NRC) by letter dated September 12, 2016. The NRC assigned number FOIA/PA-2016-00721 to my request. l requested 35 documents by their accession numbers (ML numbers) in ADAMS. In the acknowledgement letter, the NRC staff informed me that, due to "the complexity of all of the requests" the response would take longer than 2*0 days. The target response date specified in the letter was October 25, 2016. It is now over a week after the target response date, a date that was already outside the response time specified in the FOIA law. I have received neither the requested records nor a revised target response date. Therefore, ram appealing the untimely response to my FOJA request I request that the NRC provide me the documents 1 requested back in September 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 37415
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON , DC 20555
0001 November 3, 2016 FOIA/PA-2017-00076A FOIA/PA-2016-00721 David Lochbaum Union of Concerned Scientists PO Box 15316 Chattanooga, TN 37415
Dear Mr. Lochbaum:
We have logged your November 2, 2016 correspondence as an appeal about the lack of response with respect to FOIA/PA-2016-00721, which sought copies of documents with the following ADAMS Accession Numbers: ML16232A001, ML16236A018, ML16236A019, ML16236A021, ML16236A230, ML16237A004, ML16237A00S, ML16237A006, ML16237A007, ML16238A005, ML16238A006, ML16238A007, ML16238A008, ML16238A009, ML16238A010, ML16238A011 , ML16238A013, ML16238A014, ML16239A085, ML16242A333, ML16242A343, ML16242A344, ML16244A000, ML16244A001, ML16244A003, ML16244A004, ML16244A005, ML16244A006, ML16244A007, ML16244A008, ML16244A009, ML 16245A0O0, ML16245A001, ML16245A002, and ML16252A004. Your appeal has been assigned the following reference number that you should use in any future communications with us about your appeal: FOIA/PA-2017-00076A. The followlng person is the Government Information Specialist who has been assigned responsibility for your appeal: Karen Danoff al 301-415-5072 or Karen.Danoff@nrc.gov. If you have questions on any matters concerning your FOIA appeal, please feel free to contact the Government Information Specialist assigned to your appeal or me. I can be reached at 301 - 415-7169. Sincerely, Stt?:pha,nle;-alar\ey t v Stephanie Blaney Acting FOIA Officer Office of the Chief Information Officer
(03-20171
. -(Wi~-
N~C FORM ~4 Part I COIOI
.\
U.S. NUCI..EAR REGULATORY COMMISSION RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST FOtA I 2016-0665
RESPONSE
II RESPONSE NUMBER 3 I
...... 0 INTERIM FINAL TYPE REQUESTER: DATE:
joarth Vader DESCRIPTION OF REQUESTED RECORDS: IL* 0 1 211, 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:/lwww.nrc.gov/reading-nn/foia/contact-foia.html D 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 endosed. 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 AMOUNT* You will be billed by NRC for the amount listed. Minimum fee threshold not met. 11 I You will receive a reflxtd for the amount fisted. D Due to our delayed response, you will "SH Camffl41ntl ,., daUIIII Fees waived. not be charged fees. PART 1.8 - INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE We did not locate any agency records responsive to your request. Note: Agencies may treat three discrete categories of law D notification enforcement and national security records as not subject to the FOIA ("exclusions'). 5 U.S.C. 552(c). This Is a standard given to all requesters; It should not be taken to mean that any excluded records do, or do not. eidst. [Z] We have withheld certain information pursuant to the FOIA exemptions desaibed, 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 maki appeal this final determination within 90 calendar days of the date of this response bx sending a letter or e-mail to the FOIA O Icer, at U.S. Nudear Regulatory Commission, Washin~ton, D.C. 20555-0001 , or FOi .Resour~~ Please be 0 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:1/ogls.archives,gov/about-ogis/contact-information.htm PART I.C COMMENTS { Use attached Comments conUnuatlon paae If required) This interim response addresses four more of the records enumerated in your request: ML I6204A002, ML16216A703, MLI 6216A705, and ML16216A710. Please note that, since the date of your request, these records have been removed from 'ADAMS. However, because the NRC was able to locate the records by their accession numbers when your request was received, we have processed the records, except as noted herein. [continued on next page] Sllfnwtiibl- As- *-*--* *---ctor General for lnvestlaatlons OIG ~ f i .'A.. :Mc:Muiw I NRC Form ,.64 Pert I (OIG) (03-2017) I Add Cosltin..._ , - I I DalN ContlnUlllon Paoe I Page 2 or 3
N~C FORM "414 P,rt I (OIG) U.S. NUCLEAR REGULATORY COMMISSION FOIA RESPONSE NUMBER {!13-2017) RESPONSE TO FREEDOM OF INFORMATION 1 2016-0665 lL 3 J ACT (FOIA) REQUEST Continued RESPONSE TYPE 0 INTERIM FINAL REQUESTER: CATE: I Darth Vader 11 MY O1 ro,7 I PART I.C COMMENTS (Continued) The record you identified as ML16204A002 is a copy of a letter addressed to Inspector General Hubert Bell. It was released in part in response to a prior FOIA request, FOIA-2016-0064. Personally identifiable information (PII) of the third party who submitted the leller was redacted pursuant to FOIA exemption 7(C). We continue to withhold tlnis PU on that basis. The record you identified as ML16216A703 has been determined not to be an agency record. This record consists of three separate records: (I) this Office's Form 464-OIG response to a previous FOi A request subm ittcd by Lawrence Criscione (who has provided a privacy waiver to you); (2) a Memorandum to File that was released in part 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 to the record, presumably by Mr. Criscione, after he received it in response to his FOJA request. The NRC has not located another copy of the annotated Declination Sheet in its records systems. Because these three records were assembled into a single record when Mr. Criscione added them to ADAMS, which you requested in that form, we have considered them as a single record. Accordingly, the record has been determined to be a personal, ralher than agency, record and is not subject to the FOIA and has not been processe<l. The record you identified as MLl6216A705 is a redacted copy of a memorandum of interview, which was generated during an investigation conducted by the Office oflnspector General (OlG). Please note that because ML16216A705 includes the redactions applied to this record as il was released to Lawrence Criscione (who has provided a privacy waiver to you) in response to his FOIA request, FOIA-2014-0327, we arc providing it to you in this same format as he received it. No redactions have been made to this record in processing it for you. The record you identified as ML16216A710 is an email that transmits an attached lelter from Lawrence Criscione to 0 10 staff, dated January 5, 2014, regarding an audit ofNRC's FOIA process. The identities of third parties (other than Mr. Criscione, in light of the aforementioned privacy waiver), or other FOIA requesters whose requests have been made publicly available in ADAMS) have been redacted on the basis of exemption 6. Portions of the letter that reflect internal deliberations among NRC staff, of which the letter's originator became aware as part of his official duties, have been redacted on the basis of exemption 5. We note that this same redacted deliberative content appears in records responsive to prior requests, FOIA-2015-0018, 2015-0019, and 2015-0020, which are all publicly available in ADAMS. NRC Form 464 Part I (OIG) (03-2017) Pge 3 of 3
NRC l'0RIIII 4M Part II (0101 U.S. NUCLEAR IU!GULAT0RY COMMISSION FOIA 103-2()17, ........ ..
~ RESPONSE TO FREEDOM OF I 2016-0665#3 I \~/ ..... INFORMATION ACT (FOIA) REQUEST DATE:
I - o,
I PART II.A - APPLICABLE EXEMPTIONS Records subjed to the request are being withheld in their entirety or In part under the FOIA exemption(s) as indlcalad below (5 U.S.C. 552(b)).
D Exemption 1: The withheld Information Is properly dasslffed pur&Uant to an Exerubve Order protecting naUonaJ security Information. E><emplion 2: The withheld Information relates aolely to the lntemal persoMel rules Ind practices of NRC. D Exemption 3: The withheld information 1s spedflcally exempted from public disdosure by the statute Indicated. Sections 1-41-1-45 of the Atomic Energy Act, which prohibits the disdosure of Restricted Data or Formerly Restricied Data (4 2 U.S.C. 2161-2165). Section 1-47 of the Atomic Energy Act. which prohibits the dlsdosure of Undassi11ed Safeguards lnfOfmetion (-42 U.S.C. 2167).
-41 U.S.C. -4702(b), which prohibits the disclosure of contrtdor proposals, except when Incorporated Into the contract between the agency and the 0
submitter of the proposal. ExempUon 4: The withheld lnformaUon la
trade se<:ret or conftdentlal commercial or financial Information that la being withheld for the re150n(s)
Indicated. The Information Is considered to be proprietary because k concerns a hcensee's or appllcant's physical protection or matenal control and accounting program for special nuclear material pursuant to 10 CFR 2.390{d)(1). The information Is considered to be anolher type or confidential buslness (propnetary) lnformat1011. [Zj 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 lnteragency or 111traagency records that 8fe normally privileged In civil litigation. [Zj Deliberative process privilege. 0 Attorney wor1< product privllege. D Attomey-client privilege. [Z] Exemption 6: The withheld lnformaUon from a peqonnel. medical. or similar flle, Is exempted from plmlic disclosure because Its disclosure would result In a dearly unwarranted Invasion of personal privacy. [{] Exemption 7: The withheld Information consists of records compiled for law enforcement purpoaes and Is being withheld for the reeson(s) Indicated. (A) Olsdosure could reasonably be expected to Interfere with an open enforcement proceeding. [Zj (C) Disclosure could reasonably be expected to con&tilute an unwarranted Invasion of personal privacy. (0) The Information consists of names and other Information the dlsdosure of which could reasonably be expected to reveal Identities of confidential IOUr<:el. (E) Oisciosure would reveal techniques and procedures for law enforcement Investigations or prosecudons, or guidelines that could reasonably be expected to riak circumvention of the law. D (F) Disdosure could reasonably be expeded to endanger the life or physical safety of an lndrvldual 0 I Other One of the requested records is a personal, rather 1han 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 Commlaslon regulations, the offlcial(s) listed below have made the detennlnatlon to withhold certain Information responsive to your request -7 ~ ni::~**** - J OSCpn , .
- ._-.. *- - TITLE/OFFICE RECORDS DENIED .. _, ..... _ ---1I Assistant Inspector General for Investigations, OIGI I3rd pany PII, dchbcrations I
100 ll!CV APPILLATE. Offk::IAL. 10 I II I I 11 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. 20!155-00011, or FOIA.Bn.Qurce@Jirc,.gov. 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: Ennis, Tina Sent: Wednesday, February 22, 2017 7:57 AM To: Danoff, Karen
Subject:
FW: FOIA/PA-2016-0664 Interim Response Attachments: Interim Response l .pdf FYI
~~
FOIA Analyst (Contractor) OCIO/GEMS/1S B U.S. Nuclear Regulatorv Commission Location: T-SF18 I Mailstop: T-SF09 1i 301-415-5616 ~ nna.Ennis@nrc.gov From: FOIA Resource Sent: Wednesday, February 22, 2017 7:52 AM To: dlochbaum@ucsusa.org
Subject:
FOIA/PA-2016-0664 Interim Response
Dear Mr. Lochbaum,
Please find attached a copy of NRC's interim response to your FOIA request, FOINPA-2016-0664. We are continuing to process your request. Information Services Branch Governance & Enterprise Management Services Division Office of the Chief Information Officer U.S. Nuclear Regulatory Commission FOIA.Resource@nrc.gov
N'Rc FORM 46 Part I U.S. NUCLeAR IU!OULATORY COMM1MION FOIA RESPONSE NUMBER (1 2-2015) (¥) RESPONSE TO FREEDOM OF I 2016-0664 11 l I INFORMATION ACT (FOIA) REQUEST
....... RESPONSE TYPE 0 INTERIM FINAL REQUESTER; DATE:
joavid Loclibaum 11 02111120,1 ] DESCRIPTION OF REQUESTED RECORDS: Request for 22 documents by ADAMS Accession Number PART I. - INFORMATION RELEASED Agency records subject to the request are already available In public ADAMS or on mlcroflche In the NRC Public Document [2] 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. 0 See Comments. PART I.A - FEES AMOUNT" II You will be billed by NRC for the amount listed. None. Minimum fee threshold not met.
$ II *s.. Comm*iu ford_.. You will receive a refund for the amount Usted. Fees waived.
PART 1.B - INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE We did not locate anr. agency records responsive to your re~est Note: ~encies may treat three discrete categories of law D notification enforcement and net onal security records as not subject to e FOIA ("ex uslons"). 5 U.S.C. 552(c). This is a standard 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. D the You may appeal this final determination within 30 calendar days of the date of this response by sending a letter or email to FOIA Officer, at U.S. Nudear Regulatory Commission, Weshlngton, D.C. 20555-0001 , or f01A.Resource@nrc..gQ_\/, Please be sure to Include on your letter or email that it is a "FOIA Appeal." PART I.C COMMENTS ( Use attached Comments continuation page If required) In conformance with the FOIA Improvement Act of 2016, the NRC is infonning you that you have the right to seek assistance from the NRC's FOIA Public Liaison. This interim responses addresses 9 of the records listed in your request. Since the date of your request, these records, except for ML16200A049, 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. ML16200A049 is publicly available in ADAMS. (Cont.) SIGNATURE* FREEDOM OF INFORII ATION ACT OFACER DISTRIBUTION Steyfianie 'Bfaney /\.: V 1 IREs,SECY, oGc I OFFICE ACTION OFFICER FOIA 9FRC':_R 0 PUBLIC ADAMS NAME !<Danoff KO SB I ~ NON.PUBLIC ADAMS DATE '-/17/ 11 (S)/1,/11 , NRC Form 464 Part I (12-2015) Page 1 of 3
NRC FORM 46.4 Part I U.S. NUCLEAR REGULATORY COMMISSION FOIA RESPONSE NUMBER (12-2016) RESPONSE TO FREEDOM OF INFORMATION I 2016-0664 l=====;!.L-======:!I 11 1 I ACT (FOIA) REQUEST Continued RESPONSE TYPE 0 INTERIM FINAL REQUESTER: DATE: loavid Lochbaum =:J L 02/17/2017 PART I.C COMMENTS !Continued) MLl6204A001 was detennined to be a personal, rather than agency, record. It is an email dated September 14, 2012, not written as part ofNRC assigned duties, to various congressional staff members. Since NRC has not located another copy of this document in any of its record systems, we have determined that the document is a personal record. As such, it is not subject to the FOIA and has not been processed. ML16216A702 and ML16216A704 were also determined to be personaJ, rather than agency, records. As such, they are not subject to the FOIA and have not been processed. ML16216A702 is an email exchange among an NRC staff member in his personal capacity (i.e., at a personal email address), his personal attorney, and an attorney at the Department of Justice regarding the tcnns of a possible resolution to a FOIA lawsuit brought by that staff member. MLl6216A704 appears to be a Linked In page of an individual when he was employed byNRC. Given their personal nature, and since NRC has not located other copies of these records in any of its record systems, we have determined that they are personal records. ML16216A706 is a copy ofa FOIA appeal letter with its enclosures. The letter itself is aJready publicly available as ML13189A005. Another copy of this letter, aJong with its enclosures, is enclosed with this response. ML16216A708 is enclosed and released in its entirety. ML16216A709 is a copy of an email to various NRC officials, including the FOIA Officer at that time, attaching a letter, in which the sender raises concerns about the lack of a timely response to several pending FOIA appeaJs. It is eoclosed with this response. ML16216A7l l is a copy ofa briefing package prepared by David Lochbaum of the Union ofConcemed Scientists, al1cad of meetings that were scheduled with Cbainnan Bums and Commissioner Baran, which the Commission confirmed was received. It is enclosed. ML162l 6A713 is a copy of a FOIA request, FOIA-2013-0262, to which the requester attached a copy of a page from the Commission's 2d Quarter Operating Plan FY-2013. The 2d Quarter Operating Plan was the subject of prior FOIA requests, FOIA-2013-0261, and its appeal, FOIA-2013-0021A, and FOIA-2016-0117. The Plan was denied in full pursuant to FOIA exemption 5. A copy of the FOIA request letter is enclosed with this response; however, the one-page attachment from the 2d Quarter Operating Plan FY-2013, as well as the entire Operating Plan continues to be withheld under FOIA exemption 5. NRC Form 464 Part I (12-2015) Page 3 of 3
NRC FORM 4M Part II U.S. NUCLEAR REGULATORY COMMISSION FOIA (12*2016)
~ ......~ !~:
RESPONSE TO FREEDOM OF I 20 16-0664 I
~ **,:4* ~ INFORMATION ACT (FOIA) REQUEST DATE:
L 02/17/2017 J PART II.A - APPLICABLE EXEMPTIONS Records subject to the request are being withheld in their entil'ety or in part under the FOIA exernption(s) as Indicated below (5 U.S.C. 552(b)). Exemption 1: The w.thheld informaUon i4 proper1y clllssified pursulflt to an Exe<lllive Order protecting national serurity lnfonnaUon. D E.xemp1Jon 2: The withheld lnformatlon relates solely to the Internal persomet rules and practices of NRC. D Exemp'tion 3: The withheld informetlon is spocificafty exempted from public disclosure by the statute indicated. D Sections 1-41-1-45 of the Atomic Energy Ad, which prohibits the dlsdoslJ'e of Resb1cted Data or Fonnerly Restricted Data (-42 U.S.C. 2161-2165). Section 147 of the Atomic Energy Act, Which prohibits the disclosure of Undassified Safeguards lnfonnallon (-42 U.S.C. :2167).
-41 U.S.C. -4702(b), which prohibits the disclosure of contractor proposals, except when lncorp0'11ted Into the cont11d between the agency and the submitter of the proposal.
Exemption 4: The withheld lnfom,atlon Is
trade secret or conffdentlal commerd.al or financial Information that Is being withheld for the reason(s)
Indicated. The Information Is considered lo be proprietary because it concerns a licensee's 0< applicant's physical protection or material control and accounting program for spacial nuclear material pursuant to 10 CFR 2.390(d)(1). The Information is considered to be another type or confidential business (proprietary) information. [ZJ The Information was submitted by a foreign source and received In confidence pursuant to 10 CFR 2.390{d)(2). Exemp11on 5: The withheld Information consists of interagency or intrugency records that are normally privileged in clvll lrtigation. 0 Deliberative process privilege. D Attorney work product privilege. 0 Attorney-client privilege. D Exemption 8: The withheld Information from
personnel, medical, or 1lmffar Ale, Is exempted from public disclosure because Its disclosure would result In a dearly unwarranted Invasion of personal privacy.
@ Exemption 7: The withheld Information consists or records compiled IO<law enforcement purposes and Is being withheld for !he reason(s) Indicated.
{A) Dlsclosure could reasonably be 11,cpeded to Interfere with an open enforcement proceeding. (Cl Disclosure could reasonably be expected to constitiie an oowa1T1nted Invasion of personal privacy. sources. (D) The Information consists ofnames and other Information the disclosure of which could reasonably be expected to reveal Identities or confidential (E) Disclosure would reveal techniques and procedures for law enforcement inves1Jgations or prosecutlons, or guidelines that could reasonably be expected to risk circumvention of the law. 0 (F) Disclosure could reasonably be expected to endanger the life or physical s.ifety of an individual. D I Other I PART 11.B - DE~YING OFFICIALS In accordance with 10 CFR 9.25(g) and 9.25(h) of the U.S. Nuclear Regulatory Commission regulations, the offlclal(s) listed below have made the determination to withhold certain Information responsive to your request A""IU.A'll!omclA~ DENYING OFFICIAL TITLE/OFFICE RECORDS DENIED (00 IICY IStephanie Blaney 11 FOIA Officcr/OCIO 11M.L16216A71 l I IRochelle Bavol 11 Executive Assistant to the SECY to COMM II I PC MLt6216A713 (2d Q FYl3 Oper. Plan) I 0 11 I Appeals must be made In writing within 30 calendar days of the date of this response by sending a letter or emall to the FOIA Officer, at U.S. Nuclear Regulatory Commission, Washington, D.C. 20555--0001, or EQJA.Resource@nrc.g ov. Please be sure to Include on your letter or emall that It Is a "FOIA. Appeal." NRC Form 464 Part II (12-2015) Page 1 of 1
From: FOIAPAOIG Resource Sent Wednesday, February 07, 2018 9:58 AM To: Stevens, Margo
Subject:
RE: NRC-2018-0003 & 2018-0010 Margo, l(b__)_ (5__
) ___________ __.! I wtll discuss th,s with Joe tomorrow, I already sent you the reports correct?
From: Stevens, Margo Sent: Wednesday, February 07, 2018 8:58 AM To: FOIAPAOIG Resource <FOIAPAOIG.Resource@nrc.gov> Cc:!lb\/6\ I
Subject:
NRC-2018-0003 & 2018-0010 !{b)(6) !1 realize you're not back until Friday but I didn't want to forget that I owed you our recommendation as to how to deal with items 98-100 of the two above-referenced requests from Jack Kolar of the Government Accountability Project (GAP) and David Lochbaum of the Union of Concerned Scientists. As you'll recall, these three items were searching for particular items of information about all (1) closed allegation cases; (2) closed investigation cases; and (3) prosecutorial referrals for a specified time period. (b)(5) Let me know if you want to discuss. Otherwise, I'll hope to have the reports by the timel(b)(6)
~ - Thanks. .____ _____.
Margo £. Ste'vens J'OI.:A. .'Ana{yst/'.team LeadR:1* (Contractor)
. OCIO/(i'.E:MS/lnformati.on Sen,ices 'Brancli 'U.S. Nucli!.ar 'Regu{atory Commission 11545 'Rocli:viffe Pi.R.e, :Mat{Stoy 'I'-2:J1 'Roci:viife, :Maryfmuf20852 'J'eCe,p(wne #: (301) 415-8148
From: Blaney, Stephanie Sent: Thursday, April 12, 2018 11:48 AM To: Stevens, Margo
Subject:
RE: For Your Signature: Interim response #7 for both NRC-2018-00009S (GAP) and NRC-2018-000103 (Lochbaum) Attachments: NRC-2018-000096#7.pdt, NRC-2018-000103#7.pdf; NRC 464 Part I _NRC-2018-000096
#7 (CONT PG).pdt, NRC 464 Part ll_NRC-2018-0000961t7.pdf; NRC 464 Part II_NRC-2018-000103#7.pdt, NRC 464 Part I _NRC-2018-000103#7 (CONT PG).pdf The attached interim responses (# 7) are publicly Signed available in ADAMS as ML20288A417 and ML20294A100, respectively. The concurrence From: Stevens, Margo copies are included herein.
Sent: Thursday, April 12, 2018 11:20 AM To: Blaney, Stephanie <Stephanie.Blaney@nrc.gov>
Subject:
For Your Signature: Interim response #7 for both NRC-2018-000095 (GAP) and NRC-2018-000103 (Lochbaum) It'll be a bit confusing in this form. For each request, I've attached the Form 464 Part 1, Part 2, and the continuation page (that will actually be the 2nd page of Part 1). The only item being withheld is Dan Cardenas' blackberry # from one of the responsive records.
Mareo L Stevens JOI.Jl .'Ana(yst/'Jeam r.eader (Contractor)
OGO/{i'E:MS/Infcrnnati.on Services 11-rancli 'U.S. :NucCear 'Regu.Catury Cammi.men
Mai(Stoy 'I'-2:!7
'Rocli:vi~. :Mary{antf20555-0001 'I'eleylicne #: (301) 415-8148 1
NRC FORM 414 Patt I U.S. NUCI.EAII ftEGUlATORYCOIIMSSIOH NRC RESPONSE NUMBER (04-2018 )
.,..,.......~ RESPONSE TO FREEDOM OF I 2018-000103 II 7 I '¥* ...*.r; INFORMATION ACT (FOIA) REQUEST
RESPONSE
s~ TYPE 0 INTERIM FINAL REQUESTER: DATE; David Lochbaum, Union of Concerned Scientists II 04/12/2018 I DESCRIPTION OF REQUESTED RECORDS: Records corresponding to items 13-16, 18-19, 54, and 69-73 of your request, as further explained in Part l.D
Comments.
PART I. - INFORMATION RELEASED 0 The NRC has made some, or all, of the requested records publicly available through one or more of the following means: ( 1) http.'> //www nrc gov; (2) public ADAMS, http ,w r*c ~i:>* 'r~ ~In.-nn id, 11ll' html; (3) microfiche available in the NRC Public Document Room; or FOIA Online, http* //fo ~i:>nlln r _ iJjtjor g,1~1f1, m 1,uonloub 1<;;, n rr-0 Agency records subject to the request are endosed. Records subject to the request that contain information originated by or of interest to another Federal agency have been referred to that agency (See Part 1.0 - Comments) for a disclosure determination and direct response to you. 0 We are continuing to process your request. 0 See Part 1.0- Comments. PART I.A - FEES You will be billed by NRC for the amount Indicated. Since the minimum fee threshold was not AMOUNT met, you will not be charged fees. You will receive a refund for the amount indicated. Due to our delayed response, you will not 11 11 Fees waived. be charged fees. PART 1.8 -- INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE We did not locate any agency records responsive to your request. Note: Agencies may treat three discrete categories of law enforcement and national security records as not subject to the FOIA ("exdusions"). See 5 U.S.C. 552(0). This is a standard notification given to all requesters; it should not be taken to mean that any exduded 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. 0 Because this Is an lntenm response to your reques~ you may not appeal at this time. We will notify you of yoor 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. If you submit an appeal by mail, address it to the FOIA Officer, at U.S. Nudear Regulatory Commission, Mail Stop T-2 F43, Washington, D.C. 20555-0001. You may submit an appeal by e-mail to fOIA r~ u r_ r g, , You may fax an appeal to (301) 415-5130. Or you may submit an appeal through FOIA Online, bltD'> //fn1:JO'lLlnt!~UJc.,1on:: ..,o tfOJ::i/;i* o o ~/home. Please be sure to include on your submission that it is a ' FOIA Appeal.' PART I.C - REFERENCES AND POINTS OF CONTACT You have the right to seek assistance from the NRC's FOIA Public Liaison by submitting your inquiry at l:lt!Pslfwww nr~gQV/JeMin,g.-m,/ {Q 1/e,onJ1 lku....hlml, or by calling the FOIA Public Liaison at (301) 415-1276. If we have denied your request, you have the right to seek dlspute resolution services from the NRC's Public Liaison or the Office of Government Information Services (OGIS). To seek dispute resolution services from OGIS, you may e-mail OGIS at og1s@nara go'l. send a fax to (202) 741-5789, or send a letter to: Office of Government Information Services, National Archives and Records Administration, 8601 Adel'phi Road, College Park, MD 20740-6001. For additional information about OGIS, please visit the OGIS website at bl!P Jl'Hww..arr.br!J.e<,.!JD:1/J g.
NRC FORM '4M Part I U.S. NUCLEAR REGULATORY COIIWISIION NRC RESPONSE NUMBER (04o2018l RESPONSE TO FREEDOM OF INFORMATION 1 20,s-000103 11 1 ACT (FOIA) REQUEST (Continued) PART 1.0 - COMMENTS This response addresses 12 more 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, or prior, requests were received, we have processed the records, except as noted below. We have processed these records taking into account the privacy waiver furnished by Lawrence Criscione, and to the extent applicable, the privacy waivers of third parties whose personally identifiable information (e.g., cell phone numbers, email addresses) appears in these records ML17170A169 (item 69), ML17089A005 (item 70), ML17170A168 (item 71), ML17249A980 (item 72), and ML17227A821 (item 73) were written by, or submitted at the behest of, Mr. Criscione acting in his personal capacity as it pertained to a whistleblower proceeding before the Office of Special Counsel [OSC] . We have confirmed that the office of the NRC Chairman received a copy of ML17227A821. With the conclusion of that proceeding, the OSC made ML17227A821 publicly available at https://osc.gov/PublicFiles/FY2017/17-44-Dl-15-5254/Dl-15-5254%20Supplemental%20Report.pdf. The Office of the Chairman did not locate ML17170A168, ML17170A169, ML17089A005, or ML17249A980 in its record systems; nor is there anything on the face of these records evincing receipt by the Office of the NRC Chairman or NRC staff as part of their assigned official duties. Accordingly, each of these four records has been determined to be a personal, rather than agency, record. As such, they are not subject to the FOIA and have not been processed. ML16201A086 (item 13) consists of a 05119/16 email from Mr. Criscione, forwarding to the Chairman's office an email he had previously sent to the Inspector General (JG) 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 12/18/12 letter from then-Senator Lieberman to the IG (to which Mr. Criscione's letter to the Senator was attached). This letter was released by the OIG, in part, to Mir. 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 off,ce confirmed that it located this record in its record systems. This record is enclosed; please note that this copy of the Senator's letter (with Mr. Criscione's inquiry enclosed) has two redactions based on 7C, as the OIG had released those pages to Mr. Criscione. ML16201A093 (item 14) consists of a 05119/16 email from Mr. Criscione that forwards to the Chairman's office earfier 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 in its record systems. The MOU was released In response to FOIA-2016-0455 and is publicly available as ML16125A531. The email is enclosed. ML16201A095 (item 15) consists of a 05119/16 email 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 SUNSI" [Sensitive Unclassified Non-Safeguards Information]. The Chairman's office confirmed that it located this record in its record systems. systems. Exemption 6 is claimed for an NRC staff member's cell phone/blackberry numbers. ML16201A100 (item 16) consists of a 05/19/16 email 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 in its record systems. The email is enclosed. ML16202A537 (item 18) consists of 05/11/16 and 05/17/16 emails, both from Mr. Criscione to the Chairman's office, concerning an upcoming interview during the then-pending OSC proceeding. The Chairman's office confirmed that it located this record in its record systems. This record is enclosed. ML16202A538 (item 19) consists of a 05120/16 email 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 in its record systems; it is enclosed. [continued on next page)
NRC FORM 414 Pert I U.S. NUCLEAR REGUl.ATORY COMMlSSION ,N _R _C_ _ _ _ _.., RESPONSE NUMBER 1 (04-2018) ,....~ RESPONSE TO FREEDOM OF 1 201s-000103 11 7 (~I
\ ~/ INFORMATION ACT (FOIA) REQUEST RE~~SE 0 INTERIM ANAL PART I.D - COMMENTS ML16242A343 (item 54) consists of several documents that were prepared by Mr. Criscione. The first document is a 09/10/16 email addressed to multiple NRC staff members in the Office of Nuclear Regulatory Research (RES). Although the email indicates that there was a draft attachment, this record does not include the attachment. The second document is a 09/09/16 email from Mr. Criscione to a few of the same RES staff members, to which is attached five Fonns 665 (ADAMS Document Submission). This record is enclosed.
Slanature - Freedom of lnfonnatlon Act Officer or DHJanee ,_ o-ts_tri_b__ ut1_o_n _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 1 Stephanl*e A* Blaney OigltaffyslgnedbyStephanleA.Blaney Date: 2018.04.1211:.<<:26-04"00' lsECY I Non-Public DATE 04/10/2018 04/12/2018
NRC FORM 4M Part N U.S. NUCLEAR REGULATORY COMMISSION l r- lN_ R_C_ _ _ _ _ __, (04-2018) RESPONSE TO FREEDOM OF I 201 a-ooo1o3#? .1 INFORMATION ACT (FOIA) REQUEST DATE: 04/12/2018 PART II.A -APPLICABLE EXEMPTIONS Records subject to the request are being withheld in their entirety or in part under the FOIA exemption(*) as Indicated below (5 U.S.C. 552(b)). D Exemption 1: The withheld lnformetion is Pf'Ol)el1y classified pursuant to an Execu11ve Order protecting national secunty ,nformation. D Exemptlon 2: The withheld Information relates solely to lhe 1ntamal pe,aonnel rules and practlces of NRC. D Exemption 3: The withheld Information Is specifically exempted from public dsdolure by the statute indicated D Sections 141-145 of lh* Atomic Energy Ac:1, which prohibits tho disdosurt of Reetricled Deta or Formerly R01tricted Dot.a (42 U.S.C. 2161-2165) Section 147 of the Atomic Energy Act. which prohibits the disclosure of Uncl8$Slfied Safeguards Information (42 U.S.C. 2167). D 41 U.S.C. 4702(b), which prohlbits the disclosure of contrador proposals. except -..nen incorporated Into the contract between the agency and the Other. Exemption 4. The withheld information ia trade Matt or c:onfldentiai commercial or finencial infonnat,on that is being withllleld ror tho reason(&) Indicated. The Information Is considered to be proprietary because it concerns a ficensee's or applicant's physical protection or materiel conlrol and accounting program ror special nuclear material pur.uant to 10 CFR 2.390{d)(1). D The Information Is considered to be another type of confidential busiless (proprietary) Information. D The Information was submitted by a foreign S04XCe arid received In confidence pursuant to 10 CFR 2.390(d)(2). D Exempuon 5: The withheld lnformetlon conslsts of lnteragency Of lntrNgency records thet are normaly pnv,leged In ovll bt,getlon. D Deliberative process privilege D Attorney woril product privilege. D Attorney-client privilege. 1,7 Exemption 6 The withheld Information from ptr10nnal, medocal, 0< llmilr file, la exempted from public disclosure ~use Its dlacloaure would result L!J in a dearty unwarranted invasion of personal privacy. D Exemplion 7 The withheld lnfonTlat,on consistl of lllCOlds compiled lot law enforcment putpOteS end is being wichheld ror the reeson(a) lndlcatad. D (A) Disclosure could reasonably be expec:19d IO Interfere with 1111 open enloroement p,oceed1ng. 0 (C) D!sclosure could reasonably be expected to constitute an 1.11W11rranted invasion of personal privacy (0) The lnformalion consists of na.mes and other Information the dlsdos\n of which could reasonably be expected to ,eveal Identities of confidential sources. (E) Disclosure would reveal tec/m,ques and procedures for law ellforcment lnvest,gations or prosecutlons, or guidelines that could reasonably be axpect,ed to risk circumvention of the law. D (F) Disdosure could reasonably be expected 1o endanger the life 0< phylical safety of any Individual. Other PART 11.B ** DENYING OFFICIALS In accordance with 10 CFR 9.25(g) and 9.25(h) of the U.S. Nuclear Regulatory Commls lon regulations, the offlclal(a) listed below have made the determination to withhold certain Information responsive to your request. Al'HI.LATI OPPICIAI. DENYING OFFICIAL lTTLEJOFFICE RECORDS DENIED [00 SfCY I prty 0 Stephanie A Blaney I FOIA Offk>>r lhlrd ell phone # I 11 Select Tiu.tOffictl lrom drop-doWn htt I I 11 Select nae/Office from drop-down hst I I 11 Select Tlle/Offlce from drop.down 11t1 I NRC Form 64 Part II (04-2018)
NRC-2018-000096 (formerly FOIA-2018-00003) and NRC-2018-000103 (formerly FOIA-2018-00010) Interim Response #7 Document Prior Processed in which FOIA? FX Folder/Section/Pages Current Treatment ML16201A086 FOIA-2016-0664#4 0731/607-664-665/p1-16 RIF ML16201A093 FOIA-2016-0664#4 0731 /607-664-665/p 17-18 RIF ML16201A095 FOIA-2016-0664#4 0731 /607-664-665/p22-36 RIP (ex 6 - cell#) ML16201A100 FOIA-2016-0664#4 0731 /607-664-665/p37-46 RIF ML16202A537 FOIA-2016-0664#4 664-665/p203-204 RIF ML16202A538 FOIA-2016-0664#4 664-665/p64 RIF ML16242A343 FOIA-2016-0721#4 0731ll21-727/p8-18 RIF ML17170A168 FOIA-2017-0700#1 not an agency record ML17170A169 FOIA-2017-0700#1 not an agency record ML17089A005 FOIA-2017-0700#1 not an a9ency record ML17249A980 FOIA-2017-0700#1 not an agency record ML17227A821 FOIA-2017-0700#2 cited to OSC public website
From: Kaylfm;x) Lisa To: :vcos M4rgo SUbJect: Rf: FOIA*2018-0003/FOIA*201&-0010 Date: Monday, Mardi 12, 2018 10:43:SS AM Thanks Margo,
Thanks, Lisa From: Stevens, Margo Sent: Monday, March 12, 2018 9:08 AM To: Kauffman, Lisa <Lisa.Kauffman@nrc.gov>
Subject:
RE: FOIA-2018-0003/FOIA-2018-0010 Lisa. I don't see a final response from NRR about th1s l b)(5)
(b)(5)
'Mar90 .£.. Stevens 101.'A 'Ana(yst/7emn Lea,fe, C.antra<to,J 0<.10/{i'L?.1'>/htformatton \en'" 'Br md1
-U.5. "-uc/ear :Regulctton, lomm,rnon 11545 J{ocliv1ffe Pike Mall ~top 'I zJ-1wckvtffc, ~a, vta11d u8,; 7'cfepfione . (~01) .JJ'i 8148 From: Kauffman, Lisa Sent: Thursday, March 08, 2018 11:12 AM To: Stevens, Margo <MacKP Seven ,@1 ic c >
Subject:
RE: FOIA-2018-0003/FOIA-2018-0010 Ok, no rush. I was just curious since I noticed it's been sitting around for a while now From: Stevens, Margo Sent: Thursday, March 08, 2018 11:11 AM To: Kauffman, Lisa <L J,~.au (1 ar,@r c >
Subject:
RE: FOIA 2018-0003/FOIA-2018-0010 I will need to circle back myself - give me a few days and I'll get back to you next week. Thanks for checking In. Margo L Stevens
fUI.'A 'Ana(vst/Tram Leader (( ontrnctor)
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'U.S Wudear 'Renufaton1 Comm, 10n 115451wckv1/Te 'I'1f:.e, Ma,f~top 'T-z:fi Roe f:.vrlfo, :Maryfand' ,085z 7'efephone #* (301) 415 8148
From: Kauffman, Lisa Sent: Thursday, March 08, 2018 11:06 AM To: Stevens, Margo<~ a 1 r, >
Subject:
FW: FOJA-2018-0003/FOIA-2018-0010 Hi Margo - do you know if NRR still has an open action for this FOIA? Just checking because I don't think I've heard anything since last October and I still seem to have it open/on hold.
Thanks, Lisa From: Harvey, Brad Sent: Tuesday, October 31, 20171:47 PM To: Stevens, Margo <tv r,JC!iP SL1-Yi; 1 JJ 11 c av>; Cook, Christopher<,, ,,01 ,.Jf:C L ,mk,i:llnrc. [ ov>;
RidsNrrMaifCenter Resource - >; FOIAPANSIR Resource <fOIAPAr::,1::,18 Bl" ourc~@nr, ~c >; FOIAPARES Resource <[OIAPA1,E,, RL u 11 ,@or, goo; NRO_FOIA Resource<' JFO Evil\ J !Cb. '> Cc: Campbell, Andy <Andy,CJO 11,, II "r.rc...cm.>; Rivera-Lugo, Richard <BILO rd Rivera l.aiorci>n q 2,>; Sebrosky, Joseph< 0 CG bC 1 c
*~ 1 1 c >; Cruz, Holly< :i lly 1i @nr gov>;
Tabatabai, Sarah < 1 n.l1l 11 , U >; Taylor, Robert<! I l 1l.l I( r 'il :c. o:,,,>; Shams, Mohamed <Mohamed snams@o J'"~>
Subject:
RE: FOIA-2018-0003/FOIA-2018-0010 Hi again, Margo: (b)(5)
(b)(5) Again, I potentially have hundreds, if not thousands, of records that could also be related to Item #105 of this FOIA request. Again, your efforts to narrow the scope of this FOIA would be appre~ otherwise I could see my efforts to respond to this FOIA taking most of my time untiL Japproximately a year from now. Brad 415-411 8 From: Harvey, Brad Sent: Tuesday, October 31, 2017 12:07 PM To: Stevens, Margo; Cook, Christopher; RidsNrrMailCenter Resource; FOIAPANSIR Resource; FOIAPARES Resource; NRO_FOIA Resource Cc: Campbell, Andy ; Rivera-Lugo, Richard ; Sebrosky, Joseph ; Cruz, Holly; Tabatabai, Sarah ; Taylor, Robert ; Shams, Mohamed
Subject:
RE: FOIA-2018-0003/FOIA-2018 0010 HI Margo: (b)(5)
(b)(5) As you can see, I potentially have hundreds, if not thousands, of records that could potentially be related to this FOIA request. Your efforts to narrow the scope of this FOIA would be appreciated: otherwise I could see my efforts to respond to this FOIA taking months. Brad 415-4118
Brad Harvey Team Leader, Meteorology Team Hydrology and Meteorology Branch, Division of Site Safety & Environmental Analysis Office of New Reactors U.S. Nuclear Regulatory Commission Mail Stop 0-07021 M Washington, DC 20555--0001 301-415-4118 Brad Hacvey@NRC GOY From: Stevens, Margo Sent: Tuesday, October 31, 2017 6:23 AM To: Cook, Christopher <Cbri5t Q.J.f!J;_fl.lJ!i)J1e, r .p; RidsNrrMailCenter Resource <BidsNrrMaHCenter Resource@nrc gov>; FOIAPANSIR Resource <fOIAeAt 1$16 oesource@nrc eov>; FOIAPARES Resource <rOlAf:'.ARES nesou c~.~nr,, iO', >: NRO_FOIA Resource <NRO QIA Resour c rcilnrc mt> Cc: Campbell, Andy <~nd, campb l@nrc - ,>; Rivera-Lugo, Richard <B. u; *d,Rjyera-LuiQ@orc gay>; Harvey, Brad <Brad, ,r,e,@nrc 110 1>; Sebrosky, Joseph <Joseph Sebrosby@nrc gov>; Cruz, Holly< ,A y c ruz1@n * ,.ov>; Tabatabai, Sarah <Sa1 ah I abatabal@occ gov>; Taylor, Robert< err Taylo, O ic e >; Shams, Mohamed <Mohamed Sham:,@occ 1~>
Subject:
RE: FOIA-2018-0003/FOIA-2018-0010 Good morning all - I will try to respond to each of Chris' 3 bullets.
* (b)(5)
(b)(5) Mar90 L Ste, en JOU\ ilnaly t/'T, am ad r C 11t1 l t<, (}( TO (if f>1(,/f11format11 n n 1 (l.', 'Nucll'ai R.rgu/a/11 \/comm ron II J.'i 1u> I(, 10 P1 , I 1( \lop f 1{ork, 1(/j, 'Marylcu d 8 _ 'T,*Cl'pfim1e ~01141r;*S1 6 From: Cook, Christopher Sent: Monday, October 30, 2017 5:11 PM To: Stevens, Margo <Marco Stevens.ar.c. 110c 1>; RidsNrrMailCenter Resource <81d:,NrrMa11Center Rescurce@nrc eov>; FOIAPANSIR Resource ; rQIAPARES Resource <EOIAPARES R, *. wr e,, r,1 e *>; NRO_FOIA Resource <NRO. IOJA.f tL:lll *@*1cc eov> Cc: Campbell, Andy <Amh Campbcll@orc , *>, Rivera-Lugo, Richard <Plroard B1vera-Lueo@n, quv>; Harvey, Brad <B1 gd Harvt:, <cllnrc Gov>; Sebrosky, Joseph <Joseph,Sebro* *,yC.i)r.r, .c:i , >; Cruz, I lolly <Holly Cr,-jz, r.* I.be,>; Tabatabai, Sarah <Sarah Jabatab;11@nrc.ec,>; Taylor, Robert <Robert Toy!or@nrc cov>; Shams, Mohamed <Mohamed 5bams@o**c ~o >
Subject:
RE: FOIA 2018 0003/FOIA-2018-0010
Margo, Thank you very much for the update regarding the two subject FOIAs. Three follow-on questi..,o_ns_:______________________________,,
* (b)(5)
Regards, Chris 1From: Stevens, Margo Sent: Monday, October 30, 2017 2:15 PM To: RidsNrrMallCenter Resource <81dsNr Ma1IC,1:ols: n * \./[Le@nrc ..rn,>: FOIAPANSIR Resource
<tQIAPANSIB,Bf our e@r cc my>; FOIAPARES Resource< O!APARES ,1; ,c:,u1 ce1.:ll.Jlli..iOY>;
NRO_FOIA Resource <N_RQ_[.Qlf!,.~£.@.£ :.c: ll > Cc: Cook, Christopher <Chrjstooher CQok@nrc ea,>; Campbell, Andy </\noy CamobeH@nrc 1imv>; Rivera-Lugo, Richard <Richard B1vera Luam c i;o,>; Harvey, Brad <b,, d Harvey@. nrc gay>; Sebrosky, Joseph <J ,eon ,el;:, osky@nrc. >; Cruz, Holly <i11L c, L , @me vv>; Tabatabai, Sarah
<Sil.C.ab TabiU:ab,1iJal,nm>
Subject:
FOIA-2018-0003/FOIA-2018-0010 (b)(5)
(b)(5) Hope this helps.
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FOIA REFERRAL & PACKAGE ROUTING SLIP olo I <;-~ DD03 Date: t:x::l?>bw lb. 2D/1 FOIA- oUJ/~ - 001 /J Response # o?,, Type of Action Item : D FOIA Referral D FOIA Response Package for Concurrence
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Coordinator:~... (b_H_ )_ _ _ ___.- - - 0ther Ins uctions: (b)(5) one #: Rev. 12/14
(b)(5) (03-2011) ,,...... NRC FORM 464 Part I U.S. NUCLEAR REGULATORY COMMISSION I FOIA 2018-0010 _J L RESPONSE NUMBER 6 ]
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l RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST RESPONSE TYPE 0 INTERIM FINAL REQUESTER: DATE: David Lochbaum, Union of Concerned Scientists II 12/08/2017 I DESCRIPTION OF REQUESTED RECORDS: Records corresponding to items 29, 34, 38, 64, and 97, as further explai ned in the Comments Section, below. PART I. - INf ORMATION RELEASED You have the right to seek assistance from the NRC's FOIA Public Liaison. Contact informa!Jon for the NRC's FOIA Public l.Jaison is available at https'//www.nrc.gov/read1ng-rm/foia/contact-foia.html IZI 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. IZI Agency records subject to the request ere enclosed Records subject to the request that contain infonnation originated by or of interest to another Federal agency have been referred to that agency (see comments section) for a disdosure determination and direct response to you. IZI We are continuing to process your request. IZI See Comments. PART I.A - FEES NO FEES
,\l,1QUHT*
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 reoeIve a refund for the amount Rsted. D "SH Co"'"'"" ror delaJ, 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 ("exdusions"). 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. IZI We have withheld certain Information pursuant to the FOIA exemptions descnbed, 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 mah appeal this final determination within 90 calendar days of the date of this response bA sending a letter ore-mall to the FOIA O icer, at U.S. Nuclear Regulatory Comm1ss1on, Washington. D.C. 20555-0001 , or FOi ,B.esource@nrc._g_ov. Please be sure to Include on your letter or email that 11,s a "FOIA Appeal." You have the right to seek dispute resolullon 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-ogjs/contact-mformabon.htm PART I.C COMMENTS ( Use attached Comments contJnuatlon paae If reoulred) Th is sixth interim response addresses five additional records, or groups of records, described in your request. A lthough the records bearing ML numbers starting w ith "16" have been removed from ADAMS, because the NRC was able lo locate them by the accession numbers during t he processing of several FOIA requests seeking the same records within the past year, we have processed the records as described below. We have processed these records, talcing into account the privacy waiver funnished by Lawrence Criscione, and to the extent applicable, the privacy waivers of third parties whose personally identifiabl e information (e.g., cell phone numbers, email addresses) were included in some of these records. Signature - Frndom of lnfonntlon Act Officer or OeslgnM Distribution Stephanie A
Blaney Date: Dig1lallyslgnedbyStephanleA. Blaney I I 2017.12.0811:11*31 -05'00' ~
OFFICE ACTION OFFICER FOIA OFFICER PUBLIC ADAMS NAME MLSteven, SABlney DATE 12/04/2017 12/0S/2017 IZI NON-PUBLIC ADAMS NRC Form 464 Part I (03-2017) Page 1 of 4
NRC FORM 4'64 Pert I U.S. NUCLEAR REGULATORY COlloWISSION FOIA RESPONSE NUMBER (o:!*20111 ~ RESPONSE TO FREEDOM OF I 201s-0010 _J L 5 J
\¥) . ..,.
INFORMATION ACT (FOIA) REQUEST RESPONSE TYPE [Z] INTERIM FINAL REQUESTER: DATE: David Lochbaum, Union of Concerned Scientists I I 11/06/2017 I DESCRIPTION OF REQUESTED RECORDS: Records corresponding to items 26-29, 31-33, 35-37, 39-41, 50-51, and 55, as more fully described in the Comments Section, below 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-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 su~ect to the request are endosed. Records subject to the request that contain information originated by Of of interest to another Federal agency have been referred to that agency (see comments section) for a disdosure 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 bllled 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. D not be charged fees.
"SM Commontl 10< dellill Fees waived.
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 categones of law enforcement and national security reCOfds as not subject to the FOIA ("exclusions") 5 U S C 552(c) This is a standard notification given to all requesters: 11 should not be taken to mean that any excluded records do, or do not exist. IZ] 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 IZ] 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_.@orc.gov. Please be sure to Include on your letter or email that 111s a "FOIA Appeal." You have the right to seek dispute resolullon services from the NRC's Public Liaison, or the Office of Government lnfonnallon Services (OGIS). Contact information for OGIS is available at bttPs //o.gis~archl~LabQ!&Qg_is/contact-informabon.htm PART I.C COMMENTS ( Use attached Comments continuation caae If reaulred) This fif\h i1nterim response addresses 16 additional records described in your request. Al though these records have been removed from A D AMS, because the N RC was able to locate them by the accession numbers during the processing of several FOIA requests seeking the same records within the past year, we have processed the records as described below. We have processed these records, taking into account the privacy waiver furnished by Lawrence Criscione. Please note that our response should not be construed as our concurrence with the way in which you describe some of the records. [ continued on next page] Sl11n11ture
Freedom of lnfonnatlon Act Officer or 011l11nN Obtrlbutlon Stephanie A . Blaney :':E.t::'";1~=":"'...=---1 01111..,,,. ~01*1, 1 I OFFICE ACTION OFFICER FOIA OFFICER PUBLIC ADAMS NAME MLStoven SABl1ney DATE 11/02/2017 11/0612017 0 NON-PUBLIC ADAMS NRC Form 464 Part I (03-2017) Page 1 of 4
NRC FORM 4M Part I U.S. NUCLEAR REGU\.ATORY C01611SSION FOIA RESPONSE NUMBER (~2017) RESPONSE TO FREEDOM OF INFORMATION l 2018-0010 ~ L s J ACT (FOIA) REQUEST Continued RE~~;se 0 INTERIM FINAL REQUESTER: DATE: David Lochbaurn, Union of Concerned Scientists _J L 1110612017 =.J PART I .C COMMENTS IContlnuodl ML16216A706 (item 26) is a copy of a FOIA appeal letter with enclosures. The letter itself is already publicly available as ML 13189A00S. Another copy of this letter, along with its enclosures, is enclosed with this response. ML16216A707 (item 27) consists of a June I0, 2013 email from Mr. Criscione lO various NRC staff and NTEU Chapter 208, which Mr. Criscione then forwarded to a,ainnan Macfarlane and her Legal Assistant on June 13. 2013. We have enclosed a redacted version of this record. Certain portions of the email have been redacted, and the attachment withheld in its entirety, on the basis of exemption 5, as it incorporates lhe deliberative process (DP) privilege. The portions of the email have been redacted to be consistent with the manner in which records responsive to FOIA-2015-00 I8/FOIA-2015-0019 were redacted; the attachment was previously denied in response to FOi A-2015-0020 (ML I5 I I3A6 I I, ML15111A230, and ML 15006A22 I, respectively). Please note that since this content was previously withheld on the basis of exemption 5 and the DP privilege, the NRC revisited that content before detennining to continue asserting exemption 5 and the DP privilege. ML16216A708 (item 28) is a June 13, 2013 letter from Patricia Hirsch to Mr. Criscione. ML16216A709 (item 29) is a copy of a May 24, 2013 email to various NRC officials, including the FOIA Officer at that time, attaching a letter, in which the sender raises concerns about the lack of a timely response to several pending FOIA appeals. Both records are enclosed. ML16216A711 (item JI) is a copy of a briefing package prepared by David Lochbaum of the Union of Concerned Scientists, ahead of meetings scheduled with then-Chairman Bums and Commissioner Baran, which the Commission has confirmed was received. It is enclosed. ML16216A712 (item 32) consists of a March 29, 20 I J email, transmitting to the Chairman and various NRC staff, including in the FOIA Office, a letter in which Mr. Criscione seeks 10 appeal the failure to respond timely to three FOIA requests (FOIA-2013-0126, 2013-0127, and 2013-0128) that he, or other third party individuals, had filed. This appeal letter inclucled 16 enclosures, many of which are already available to the public as noted below, or are enclosed herein : Enclosure I: Incoming request, FOIA-2013-0126 (ML13044A48I) : Acknowledgment letter for FOIA-2013-0126 (enclosed) : Incoming request, FOIA-2012-0128 (ML12030AI0S) : Acknowledgment lener for FOIA-2012-0128 (ML I2363A094) : Form 464 response to FOIA-2012-0128#1 (MLl62l6A712) : lncoming_request, FOIA-2012-0325 (ML I2263A087) : President Obama's Memorandum on the FOIA (hnps://www.dol.gov/dol/foia/2009 FOIA_memo.pdf) : Attorney General Holder's Memorandum on the FOIA (hnps://www.justice.gov/sitcs/default/files/ag/ legacy/2009/06/24/foia-rncmo-march2009.pdf) : List ofNRC Correspondence, Memos and Studies Regarding Failure of Jocassee Dam (this list has been attached to multiple documents that are publicly available, such as MLI 5 I28A609 (starting at p54). 0: Incoming request, FOIA-2013-0127 (ML13044A486) 1 : Acknowledgment letter for FOIA-20 IJ-0127 (enclosed) 2: Acknowledgment letter for FOIA-2013-0034 (enclosed) 3: Incoming request, FOIA-2013-0008 (MLl2283A329) 4: Incoming request, FOIA-20IJ-0013 (MLI 2290A070) 5: Incoming request, FOIA-2013-0128 (ML091I70104) 6: Acknowledgment letter for FOIA-2013-01 28 (enclosed) NRC Form 46-i Part I (03-2017) Page 3 of 4
NRC FORM 04 Part I U.S. NUCLEAR REGULATORY COMMISSION FOIA RESPONSE NUMBER (0:i-:1017) RESPONSE TO FREEDOM OF INFORMATION L 201s-0010 JL s ACT (FOIA) REQUEST Continued
RESPONSE
TYPE 0 INTERIM FINAL REQUESTER: DATE: loavid Lochbaum, Union of Concerned Scientists IL 11 /06/2017 PART I.C COMMENTS (Continued) Ml 16216A 713 (item 33) is a copy of a FOIA request, FOIA-20 I3-0262, to which the requester attached a copy of a page from the Commission's 2d Quarter Operating Plan FY-2013. The 2d Quarter Operating Plan was the subject of prior FOIA requests, FOIA-2013-0261(and its appeal, f-OIA-2013-0021A) and FOIA-2016-0117. The Plan was denied in full pursuant to FOIA exemption 5. A copy of the FOIA request letter is enclosed with this response; however, the one-page attachment from the 2d Quarter Operating Plan FY-20 IJ (ML I3 I49A079) (like the entire Operating Plan itsel I) continues to be withheld under FOIA exemption S. ML 16236A01 R(item 35) is an email exchange between staff members in the Offices of Nuclear Regulatory Research (RES) and New Reactors (NRO), to which a red-lined draft of a "Style Sheet", including personal advice and recommendations about writing style by its author, was attached. This draft was not finalized, although it is similar to NUR EG-1379, NRC Editorial Style Guide. It is also noted that the focus of the email exchange was a particular template NRO used to write reviews of post-Fukushima Recommendation 2.1 Flood Hazard Reevaluation Reports, which is different altogether from the red-lined draft the originating RES st.aff member had anached to his email. A copy of the email exchange is enclosed. ML I6236A019 (item 36). which is described as 2014-Jan-9 mpg video of the flooding at St. Lucie, 043 MOV03976_MPG and ML I6236A02 I (item 37), which is described as 2014-May-27 and 2014-June-5 emails concerning the St. Lucie Jan 9 Reactor Auxiliary Building Flooding Video, arc both enclosed. Since all but one of the email exchanges included in ML 16237/\004 (item 39) are already publicly available as a result of our processing of FOIA-2013-0264, please refer to MLI 3226A26 I-ML l 3226A264, Ml I3 I 23A204, and ML13226A259. We note that the redactions of personally identifiable information (PII) on the basis of exemption 6 were already applied in the emails as you requested them. We have enclosed the one additional email exchange rhat is not publicly available; the PII appearing in this record has been redacled under exemption 6. ML 16237A00S (item 40) 1s also already publicly available as a result of our processing of rOJA-2013-0264; please refer to ML I3226A259. ML16237A006 (item 41) is an April 11, 2013 lener from Mr. Criscione to then-EDO Bill Borchardt and then-Chief FOIA Officer Darren Ash, following up on a pending FOIA appeal, f-OIA-20 I3-009A, including seven enclosures. The enclosures consist of: (I) an acknowledgment letter; (2) a Form 464 response package to 2013-0126 (which is already publicly available as MLI 3106A 167), including an appendix listing the already publicly available redacted records responsive to the request; (3) MLI 3099/\247 (as redacted); (4) ML l3039A084 (as redacted); (5) ML13039A0086 (as redacted); (5) a copy of the U.S. Army Corps of Engineers (ACE)'s Engineer Manual, "General Design and Construction Considerations for Earth and Rock-Fill Dams," (which is publicly available at ACE's website) and a Continuing Education & Development, Inc. cover sheet for a program on this subject; (which is also publicly available al its website); and (7) an unredacted copy oftht: cross-section diagram of the Jocassee Dam. With the exception of enclosure 7, the pages of this record are enclosed. As for enclosure 7, this diagram has already been addressed in interim response 3 (relating to items 2 and 7 of your request, wherein it wa~ redacted on the basis of exemption 7F. MLl6238A013 (item SO) and MLl6238A0l4 (item SI) are copies ofa NRC Form 183, Repon of Security Incident/ lnfractionNiolation, and an undated memorandum from Mary Jane Ross-Lee to Richard Correia concerning the subject "Repon of Security Incident (Information Spill). Both are enclosed. ML 16242/\344 (item 55) is a privacy waiver furnished by Mr. Criscione in conjunction with several third party FOi A requests submitted in the past year, which was subsequently revised and and later incorporated by reference in the privacy waiver he furnished with regard to your request. A copy is enclosed. NRC Form 4~ Part I (03-2017) Pege 4 of 4
NRC FORM 464 P1rt R U.S. NUCLEAR REGULATORY COMMISSION FOIA j()).2017)
,.,,,.*.,...,1 RESPONSE TO FREEDOM OF I 201 s-0003#5 l 'W.' \ *****"/
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INFORMATION ACT (FOIA) REQUEST DATE:
I 11/06/20 17 I PART II.A ** APPLICABLE EXEMPTIONS Records subject to the request are being withheld In their entirety or In pan under the FOIA exempt1on(s) as Indicated below (5 U.S.C. 552(b)). Exemption 1. The wilhheld Information Is propel1y classlfted p1nuant to an Exeaibve Order protecting natJonal secunty ,nformabon. D Exemption 2. Tho w,thheld information relates solely to the Internal personnel rules end l)!llctices of NRC. D Exemption 3: The w,thheld Information la llf)ecmcaPy exempted trom public disclosure by the ataMe Indicated. Sections 141-14 S of the Atomic Energy A<;J.. which prohibits the disclosure ol Rewicted Data or Formerly Restricted Data (42 U.S.C. 2161-2165). Section 147 of the Atomic Energy Act, which prohibits the d ~ e of Unda&s1ted Safeguards Information (42 U.S.C. 2167). 41 U.6.C. 4702(b), which prohibits the disclosure of contrador proposals, e,<<:ept when 111COrpon1ted Into the contract between the 1gency and the D submitter of the proposal. Exemption 4. The w,thheld lnform1uon 1s a trade aecret or conlldential commeroel or financial Information that Is being withheld for the reason(s) Indicated. The Information Is considered to be proprietary because It concerns a Yoensee's or applcant's physlcal 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 buS111ess (proprietary) lnfoonation. [Z] The information was submitted by a foreign source and received In confidence pursuant to 1o CFR 2.390(d)(2). Exemption 5. The withheld lnrormatlon conlllsts of lnteragency or lntraagency reoords that are nonmaffy pnvileged In di/I litigation. [Z] DekberaUve process privilege. D Atlomey wori( product pnvlege. D Attomoy-dlent privilege. [Z] Exemption 6: The withheld lnformetion from a peraonnel, medical, or 11mdar file, 11 exempted from public disclosure because lta di adoaure would reautt In e dearly unwarranted Invasion of pet1011al pnvacy. [Z] Exemption 7* The withheld mformetlon consists d reoorda complied lor law enforcement purposea end kl being withheld ror the reason(a) Indicated. (A) Disclosure could reasonably be expeded to Interfere with an open enforcement proceedmg. (C) Disclosure could reasonably be expected to cxmstrtute an unwammted invasion of personal privacy (0) The Information consists of names and other informebon the disdosure or which could reasonably be expected to reveal 1dentihes or confidenbal sources. (E) Disclosure would reveal techniques and procedures for law enforcement 1nvest1gations or prosecubons or gu1delones that could reasonably be expected to risk circumvention of the law. [Z] (F) Dlscloaure could reasonably be expected to endanger the Ille or physical safety or an individual. Other j 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 off'icial(s) listed below have made the determination to withhold certain information responsive to your request UPIUATI OfFICIAL DENYING OFFICIAL mLE/OFFICE RECORDS DENIED 100 HCY IRochelle 1:1.avol 11Exec: Asst to Scc:y to the Comm1ss10n II Item 33 I 0 IRem,ee C. Ammon 11 As.~ Gen Counsel fOf LC. Ltg & Spec ProJ 11Item 27 I 0 IStephanie A Blaney 11 FOlA Officer IIItems 3S. 39. and 41 I0 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 Regullatory Commission, Washington, D.C. 20555-0001 , or FOIA.Resource.@!lrc.g_ov. Please be sure to include on your letter or email that it Is a "FOIA Appeal." NRC Form 464 Part It (03-2017) Page 1 of 1
NRC FORM 484 Part I (OIG) U.S. NUCLEAR REGULATORY COMMISSION FOIA RESPONSE NUMBER 112-2015) ,.,.......';\ RESPONSE TO FREEDOM OF I 2018-0010 11 4 I t.¥)..... INFORMATION ACT (FOIA) REQUEST
RESPONSE
TYPE 0 INTERIM FINAL REQUESTER: DATE: David Lochbaum, Union of Concerned Scientists DESCRIPTION OF REQUESTED RECORDS: I I NOV O62011 I Records corresponding to items 21, 30, 52, 65, and 68, as explained more fully in the Comments Section, below. PART I. - INFORMATION RELEASED Agency records subject to the request are already available in public ADAMS or on microfiche in the NRG Public Document Room. 0 Agency records subject lo 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 AMOUNT* II
$ II You will be billed by NRG for the amount listed.
0 None. Minimum fee threshold not met.
*s.. Commonu for oe~I*
You will receive a refund for the amount listed. Fees waived. PART 1.8 - INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE D enforcement We did not locate any agency records responsive to your request. Note Agencies may treat three discrete categories of law and national security records as not subject to the FOIA C'exdusions"). 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. D the You may appeal this final determmabon wrth1n 30 calendar days of the date of this response by sending letter or email to FOIA Officer, at U.S Nuclear Regulatory Commission, Washington. DC 20555-0001 or.FQll\.Resource@nr<;.gpY, a Please be sure to include on your letter or email that it is a "FOIA Appeal." PART I.C COMMENTS ( Use attached Comments continuation page if required) This fourth interim response (and the second response addressing records under the jurisdiction of the Office of rnspector General (OI G), addresses five additional records responsive to your request. In responding l o your request, we have taken .into account the privacy waiver furnished by Lawrence Criscione. [continued on next page] ]lrr"2yn--Ji.. :htGffel i - SIGtn'TORE' --~~SIDANTl~TOR Gc'N£RAL FOR INVESTIGATIONS, OIG
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NRC Form 464 Part I (OIG) (12-2015)
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NRC FORIU84 Part I (OIGI U.S. NUCLEAR REGULATORY COMMISSION FOIA RESPONSE NUMBER (12-2016) 1 2018-0010 11 4 RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST Continued RESPONSE TYPE 0 INTERIM FINAL REQUESTER:
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hb_a_u_m_,_U_n_io_n_o_f_C_o_n_ce _m ci-e-nt-is_ts_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.,I, _ cd- S- IDATE: 11.'N O 6a>17 I PART 1.C COMMENTS (Continued) Although these records have been removed from ADAMS, because the NRC was able to locate them by the accession numbers during the processing of several FOIA requeslS seeking the same records within the past year, we have processed the records as described below. ML I6204A002 (item 21) is a copy of a letter addressed Lo Inspector General Hubert Bell. In response to previously submitted FOIA requests, including your own (FOIA-201 7-0664#3), personally identifiable information (PIJ) of the third party who submitted the letter was redacted pursuant co FOIA exemption 7(C). A copy of the redacted record is enclosed. We continue to withhold these portions on that basis. ML16216A710 (item 30) is an email that transmits an attached letter from Lawrence Criscione to OIG staff, dated January 5, 2014, regarding an audit ofNRC's FOIA process. The identities of third parties (other than Mr. Criscione, in light of the privacy waiver he has provided, or other FOIA requesters whose requests have been made publicly available in ADAMS) have been redacted on the basis of exemption 6. Portions of the letter that reflect internal deliberations among NRC staff, of which Mr. Criscione became aware as part of his official duties, continue to be withheld on the basis of exemption 5. We note that this same redacted deliberative content appears in records responsive to prior requests, FOIA-2015-0018, 2015-0019, and 2015-0020, which are all publicly available in ADAMS. We also note that this record was provided you in response to FOIA-2017-0664#3. ML I6239A085 (item 52) consists of (I) an email exchange among the General Counsel to the Inspector General, the NRC Solicitor. and the lawyer representing Mr. Criscione with respect to the resolution of a prior FOIA lawsuit; (2) a letter from the General Counsel to the Inspector General; and (3) a copy of the stipulation of dismissal of that lawsuit. which is publicly available. They are enclosed. We note that this record was provided you in the FOIA Officer's response to FOJA-2017-072 1#3. ML I6244A009 (item 65) and ML I6245A002 (item 68) are a "Memo to File" from OIG C 11-031 and a "Chron Note" from OIG C 13-00 I, respectively; please note that these records already included redactions of certain content within them; we have determined that these records, in their redacted format, may be released to you in their entirety. We note that both of these records were provided to you in response to FOIA-2017-0721#2. NRC Form 464 Part I (OIG) (12-2015) Page 3 of 3
(03-2017) , ........ NRC FORM 46-4 P*rt II (OIG) RESPONSE TO FREEDOM OF U.S. NUCLEAR REGULATOftY COMl1ISSION L FOIA 201s-0010#4 _J
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I IQ' 0 ba)l7 I PART II.A - APPLICABLE EXEMPTIONS Records subject to the request are being v.1thheld In their enUrety or in part under 1he FotA exemptlon(s) as Indicated below (5 U.S.C. 552(b)). Exemption 1. The withheld information II properly das11fied pursuant to an Execub1111 Order proledJng nouonal security ,nformolion. Exempl100 2 The withheld Information relates solely to lhe ,nlemal per80111lel rule* and practices of NRC. Exemption 3* The withheld Information Is speaficaly exempted from public d,sdosure by the statute 111d,caled Sections 141-145 of the Atomic Energy AD., which prohibits the d,&dosure of Restricted Data or Formerly Restricted Data (42 U.S.C. 2161-2165) Section 147 of the Atomic Energy AD., which prohibits the disclosure of Unclassified Safeguards Information (42 U.S.C. 2167). 41 U.S.C. 4702(b), which prohibits the disclos\Ke of contractor proposals, except when lncorponlled Into the contrae1 between the agency and Iha submitter of the proposal. EMemp~on The withheld information Is a trede secret or confidential commeraal or finanoal information that ,a being withheld for the reason(*) Indicated. The lnfonmatlon Is considered to be proprietary because It concerns a lcensee's or applicant's physical protection or material conlrol and accounting program for special nudear material pumiant to 10 CFR 2.390(d)(1). The information is considered l o be anOlher type or confidential business (proprietary) Information. [ZJ The lnfonmation was submitted by a forelgn source and received In confidence ptnuant to 10 CFR 2.390(d)(2). Exemption 5: The withheld Information consists ofinteragency or lntraagency reCOlds that are normaUy privileged In cil11I litigation. (2) Deliberative process privilege. 0 Attorney wo'1t product privilege. D Attorney-cient privilege. [Z] Exemption e* The Withheld lnforma~on from e pe(IOllllel, medial!, or 11m'8r file, is exempled from public disclosure because Its dl&eloaure would reauh in a dearly unwananted invasion ol personal pnvacy. [Z] Exemption 7: The wtthheld Information con111ta ol records compiled for law anfon:ement purpoan and It being wrthheld for the reaon(1) lndlcatad. (A) Diclo1ure could reaaonebly be expec:lad to Interfere with en opan entoo:.menl J)IOCffding. 0 (C) Oisdosure could reasonably be expected to cons!Jlute an unwa1111nled invaStOn of personal privacy. (0) The information consists of names and other inform81Jon the dl$:losure of which a>Uld reasonably be expected 10 reveal ldentites of conndendal source,. (E) Disclosure would reveal teclvllques and procedures for law enfortement lnvasdgadoos or prosecutions, or guldelnu that could reaaonably be expected 10 risk circumvention or the law. (F) Dlsdosure could reasonably be expected to endanger the life or physical safety of an Individual. Other I I PART 11.B - DENYING OFFICIALS In accordance with 10CFR 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. APP!.L.LATP OfrK..I~ DENYING OFFICIAL T ITLE/OFFICE RECORDS DENIED EDO 8ECV 10 IJoseph A. McMillan 1 1Assistant Inspector General for Investigations, OIG I I3rd Party Pll, mlcrnal dcl,bcrauons I I II II _J I II II 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." NRC Form 464 Part 11 (OIG) (03-2017) Page 1 of 1
NRC FORM 41M Part I {OIGI U.S. NUCLEAR REGULATORY COIMSSION FOIA RESPONSE NUMBER (12..2015)
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IL 4 _J [Z] INTERIM FINAL TYPE REQUESTER: DATE: David L ochbaum, Union of Concerned Scientists l I KN 0 61117 I DESCRIPTION OF REQUESTED RECORDS: Records corresponding to items 21 , 30, 52, 65, and 68, as explained more fully in the Comments Section, below. PART I. - INFORMATION RELEASED Agency records subject to the request are already available 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) tor a disclosure determination and direct response to you. [Z] We are continuing to process your request. 0 See Comments. PART I.A - FEES AMOVNT' 0 You will be billed by NRC for the amount listed. None. Minimum fee threshold not met
$ II II *s.. commeru 1or deto111 You will receive a refund for the amount listed. Fees waived.
PART I.B - INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE D enforcement We did not locate any agency records responsive to your request. Note Agencies may treat three discrete categories of law and national security records as not subject to the FOIA C'exdus1ons"). 5 U.S.C. 552(c) This is a standard notification given to all requesters, ii should not be taken to mean that any excluded records do, or do not, exist. [Z] We have withheld certain Information pursuant to the FOIA exemptions described, and for the reasons stated, in Part II. 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 determmat1on. D You may appeal this final determination within 30 calendar days of the date of this response b~ sending a letter or email to the FOIA Officer, at U.S. Nuclear Regulatory Commission Washington. D.C. 20555-0001, or OIA.Reso~@nrc.g_ov. Please be sure to include on your letter or email that it 1s a "FOIA Appeal." PART I.C COMMENTS ( Use attached Comments continuation page if required) This fourth interim response (and the second response addressing records under the jurisdiction of the Office of I nspector General (OIG), addresses five additional rec ords responsive to your request. In responding to your request, we have taken into account the privacy waiver furnished by Lawrence Criscione. [ continued on next pagel SIGNATURE* ASSISTANT INSPECTOR GENERAL FOii lNIIESTIGATIONS, OIG DISTRIBUTION [Joseyfi. .'A.. :Mc:Mi<<an OFFICE ACTION OFFICER II - AIGOFFICER PUBLIC ADAMS NAME MLS1cvcns JAMcMillan / r/ [Z] NON-PUBLIC ADAMS DATE J0/26n0l7 ')(L ~ ,'fft '17
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NRC Form 464 Part I (OIG) (12-2015) Page 1 of 3
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PART I.C COMMENTS (Continued) Although these records have been removed from ADAMS, because the NRC was able to locate them by the accession numbers during the processing of several FOIA requests seeking the same records within the past year. we have processed the records as described below. ML I6204A002 (item 2 1) . is a copy of a lener addressed to Inspector General Huben Bell. In response to previously submitted FOIA requests, including your own (FOTA-20 I 7-0664#3), personally identifiable information (PIT) of the third party who submitted the letter was redacted pursuant to FOIA exemption 7(C). A copy of the redacted record is enclosed. We continue to withhold these portions on that basis. ML16216A710 (item 30) is an emai I that transmits an attached letter from Lawrence Criscione to OJG staff: dated January 5, 2014, regarding an audit ofNRC's FOIA process. The identities of third parties (other than Mr. Criscione, in light of the privacy waiver he has provided, or other FOIA requesters whose requests have been made publicly available in ADAMS) have been redacted on the basis of exemption 6. Portions of the letter that reflect internal deliberations among NRC staff, of which Mr. Criscione became aware as part of his official duties, continue to be withheld on the basis of exemption 5. We note that Lhis same redacted deliberative content appears in records responsive to prior requests, FOlA-2015-0018, 2015-0019, and 2015-0020, which are all publicly available in ADAMS. We also note that this record was provided you in response lo FOIA-2017-0664#3. ML I6239A085 (item 52) consists of (I) an email exchange among the General Counsel to the Inspector General, the NRC Solicitor, and the lawyer representing Mr. Criscione with respect to the resolution of a prior FOIA lawsuit; (2) a letter from the General Counsel to the Inspector General; and (3) a copy of the stipulation of dismissal of that lawsuit, which is publicly available. They are enclosed. We note that this record was provided you in the FOIA Officer's response to FOIA-2017-0721#3 . ML I6244A009 (item 65) and ML I6245A002 (item 68) are a "Memo to File" from OIG C11-03 I and a "Chron Note" from OIG C 13-00 I, respectively; please note that these records already included redactions of certain content within them; we have determined that these records, in their redacted format, may be released to you in their entirety. We note that both of these records were provided to you in response to FOlA-2017-0721 #2. NRC Foon 464 Part I (OIG) (12-2015) Page 3 of 3
NRC FORM 4e4 Part II (OIG) U.S. NUCLEAR REGULATORY COMMISSION FOIA (0J.2017)
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RESPONSE TO FREEDOM OF I 201s-0010#4 J
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INFORMATION ACT (FOIA) REQUEST DATE: I tr'N o&mu I PART II.A - APPLICABLE EXEMPTIONS *, Records subject to the request are being withheld In their entirety or in part under the FOIA exemption(&) as indlcated below (5 U.S.C. 662(b)). D Exemption 1 The withheld information Is properly dessi1ied pursuaot 10 an Execub1111 Onler protedJng natJonal security 1nformatton Exemptlon 2 The withheld Information relates aolely to lhe lntemel pe,sonnel l\llet and p,acticaa of NRC. Exemption 3 The Withheld lnfonnetlon Is apeaflcally exampled from pubic d,sdoaure by the 1tatu1e Indicated. Secltons 141-145 of the Atormc Energy Ad, which proh1brta the dildosure of Restncted Data or Formerly Restncted Data (42 U.S.C. 2161-2165). Section 147 of the Atomic Energy Act. whieh prohibits the disclosure of Unclassified Safegullfds lnformahon (42 U.S.C. 2167). 41 U.S.C. 4702(b), which prohiblll the d*IICIOIU!9 of connctor Pl'Ol)C)Nla, except when Incorporated Into 1111 contract between the agency and the submitter of tho proposal. Exemption 4 The w,thheld Information 11 a trade HC:r11t or conftdantial commercel or finanoal .,1om,,t1on that as bo,ng w,thheld for the reason(a) indicated.
The Information Is considered to be proprietary because it concerns I lcensee's or apphcant's physical protection or metenal control and accounting program for special nuclear material purauant to 10 CFR 2.390(d)(1 ),
The Information is considered to be another type or confidential busraess (proprietary) information. [Z] The Information was submitted by a foreign source and reoe1ved In confidence pursuant to 10 CFR 2.390(d)(2). Exemption s* The withheld informa~on conslSls of mteragency Of intrasgency records that are normaly pnvtleged in civil litigation. 0 Dellberati1111 process prMlege. 0 Attorney woril product pr1vllege. 0 Atlorney-cllent privilege. [Z] Exemption 6: The wnhhetd mformatlon from a personnel, medical, Of s,m4ar fila, la exempted from public d*sdoaure because Its dllcloaure would ret\Jlt In a clear1y unwarranted lnva110n of pOf'SOMal pnvacy. [ { ] Exemption 7* The Wlthheld information cons,sll of record, complied for law anforcemen1 purpose. *rid is being Withheld for the reason(a) lndlcoted (A) Oladoaure could reasonably be elCl)8Cled to interfere with an open enforcement proceeding 0 (C) 01sdosure could reasonably be e)(J)eCted to cons~tute en unwam,med ,nvesion of personal pnvacy. (0) The ,nformlJllon con11sts of names and other tnformabon the d!Sdo$ure ol which could rea,wnably be expected to reveal ldenbbes ol confidential sources. (E) Disclosure would reveal techniques and procedures for law enfon:emen1 1nvesbgation1 or prosecubon1, or gu1del,net thet could reasonably be expected 10 ri&k circumvention of 1hl law (F) Olsdosure could reasonably be expected to endanger the hfe or physical safety of an indrvldual 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 officlal(s) listed below have made the determination to withhold certain Information responsive to your request. APPl-ll,'T._ Olnt.lAL DENYING OFFICIAL TITLE/OFFICE RECORDS DENIED (00 ae.ev 10 I Joseph A. McMillan I 11 Assistant Inspector General for lnvesugations. OIGI 3rd Party Pll 1ntcrml deltbcratJons I I _J I 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 emall to the FOIA Officer, at U.S. Nuclear Regulatory Commission, Washington, D.C. 20555-0001, or FOIA.Resource@nrc._g_ov. Please be sure to Include on your letter or emall that It Is a "FOIA Appeal." NRC Form 464 Part II (OIG) (03-2017) Page 1 of 1
NRC FORM ,u Part I (OIG) FOIA RESPONSE NUMBER U.S. NUCLEAR REGULATORY COMMSSION (12-2018) RESPONSE TO FREEDOM OF [ 2018-00 10 11 2 _J 1~"1
\ ..... 1 INFORMATION ACT (FOIA) REQUEST
RESPONSE
TYPE [Z] INTERIM FINAL REQUESTER: DA.TE: David Lochbaum, Union of Concerned Scientists i l_OCT 3 0 2017 I DESCRIPTION OF REQUESTED RECORDS: Records corresponding to items 23, 25, 43-49, 56-63, 66, and 67 of your request, as further explained in the Comments Section. below. PART I. - INFORMATION RELEASED Agency records subject to the request are already available In public ADAMS or on microfiche in the NRC Public Document Room. Agency records subject to the request are endosed. 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 disdosure determination and direct response to you. [Z] We are continuing to process your request [Z] See Comments. PART I.A - FEES
.t.MOUNT' s!L _JI You will be billed by NRC for the amount llsted.
None. Minimum fee threshold not met.
*see Ccnmon11 tor OolAI*
You will receive a refund for the amount listed. Fees waived. PART I.B - INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE D enforcement We did not locate any agency records responsive to your r':tt-,uest. Note: Agencies may treat three discrete categones of law and national security records as not subject to e FOIA ("exclusions"). 5 U S C 552(~ This Is a standard notification given to all requesters: it should not be taken to mean that any excluded records do, or o not, exist. [Z] We have withheld certain information pursuant to the FOIA exemptions descnbed, 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 [Z] appeal any of the responses we have Issued m response to your request when we issue our final determination D the may appeal You FOIA this final determlnabon within Officer et U S. 30 calendar days of the date of this response by sending letter or email to Nuclear Regulatory Commission Washington, DC 20555-0001 , a or fQ.18..Resource@nrc.gQv. Please be sure to include on your letter or email that It 1s a "FOIA Appeal." PART I.C COMMENTS ( Use attached Comments continuation page If required) This second interim response, which is the first response addressing records under the jurisdiction of the Office of Inspector General (OIG), addresses 19 additional records responsive to your request. Although these records have been removed! from ADAMS, because the NRC was able to locate them by the accession numbers during the processing of FOIA requests seeking the same recor ds within the past year, we have considered the records as described below In responding to your request, we have taken into account the privacy waiver furnished by Lawrence Criscione. [continued on next page] SIGM'Al,ti,E-ASSISTANT INSPECTOR GENERAL FOR INVESTIGATIONS, OIG ]~ ~an Page 2 of 3 NRC Form 464 Part I (OIG) (12-2015) [ Add Contlnurion ,-.. 1
NRC FORM ,u Part I (OIG) U.S. NUCLEAR REGULATOftY COMMISSION FOIA RESPONSE NUMBER 112-2015)
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RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST Continued RESPONSE TYPE 0 INTERIM FINAL REQUESTER: David Lochbaum, Union of Concerned Scientists PART I.C COMMENTS (Continued) cw DATE: 3 0 2017] The record you identified as ML16216A703 (item 23) has been detennined not to be an agency record. This record consists of three separate records: (I) this Office's Fonn 464-OIG response to a previous FOIA request submitted by Lawrence Criscione; (2) a Memorandum to File that was released in part in that response; and (3) an annotated version ofa Declination Sheet, which was also partially released in that response. However, this copy of the Declination Sheet contains an annotation that was added to the record, presumably by Mr. Criscione, after he received it in response to his FOIA request. The NRC has not located another copy of the annotated Declinntion Sheet in its records systems. Because these three records were ass.em bled into a single record when Mr. Criscione added them to ADAMS, which you requested in that fonn, we have considered them as a single record. Accordingly, the record has been determined to be a personal record, not subject to the FOi/\, and has not been processed. Eac h of the records requested in items 25 (ML16216A705) and 43-47 (ML l6238A005-MLl6238A009) is described in your request as an interview of a named third party. As such, to the extent such records exist and constitute agency records, they are withheld in their entirety on the basis of FOiA exemption 7(C). Ten ( I0) enumerated documents, including ML I6244AOO0 (item 56), which appears to be an annotated, partial transcript of Mr. Criciscione's interview conducted by OIG, and nine (9) mp3 audio clips that were created from an audio transcript of that same interview: ML I6244AOO I (ilem 57); ML I6244A002 (item 58); ML I6244A003 (item 59); ML16244A004 (item 60); ML16244A005 (item 61); ML l6244A006 (item 62); MLl6244A007 (item 63); ML I6238A0 IO (ilem 48); and ML I6238A0 11 (item 49) have also been determined to be personal records. Since these records were selectively culled from the totality of the original audio and wrilten transcript of interview, including some additional commentary presumably added by Mr. Criscione after he received these pages in response to a FOIA request, and the OIG did not locate other copies oflhesc identical records in its records systems, we determined they arc personal records, not subject to the FOIA, and have not been processed. Please also note that, with respect to items 61 and 62, by our response, we arc not confirming that your description of these items (which includes the name ofa third party) is correct. Both ML16245A000 (item 66) and MLl6245A00I (item 67) consist of multiple pages from two different 010 investigative files, selectively culled from the totality of the files, with typewritten commentary and highlighting throughout, apparently added by Mr. Criscione after he received these pages in response to a FOIA request. Since the OIG did not locate another copy of these identical records in its records systems, we determined they are personal records, not subject to the FOIA, and have not been processed. NRC Form 464 Part I (OIG) (12-2015) Page 3 ol 3
NRC FORM 464 Poot I (OIG) U.S. NUCL:EAR REGULATORY COMMISSION FOIA (03-2017) r ......,. RESPONSE TO FREEDOM OF I 20 I 8-00 I 0#2 J
*'¥_'! INFORMATION ACT (FOIA) REQUEST DATE: \; ......"/ OCT 3 O 2017 I I PART II.A - APPLICABLE EXEMPTIONS Records subject to the request are being withheld In their entirety or In part under !he FOIA exemptlon(s) as Indicated below (5 U.S.C. 552(b)).
Exempt,on 1: The withheld ,nformat1011 Is pl0pllrty dessafied pinuant lo en Execubve Order p,otecllng natJonel security 1nf01mobon. Exemption 2. The withheld information relates solely to lhe inlAlmal pe,sonnel rul111 and practlces of NRC. Exemption 3. Tha withheld inform1tlon ia apeafic:aly exempted from publtc disclosure by the statute 111dicated Sections 1,1-145 of the Atomic Energy /Id., which prohibit, *Iha d15Clo!iure ol Restricted Data or Formerly Restricted Data (*2 U.S.C. 2161-2165) Section 147 of the Atomic Energy Ad, which prohibits lhe disclosl.W'e of Unclassified Safeguards lnformabon (-'2 U.S.C. 2167}. 41 U.S.C. 4702(b), which prohibits Iha disclosure of contractor proposals, except when Incorporated Into the contract between the agency end the submitter of the proposal. Exemption 4: The withheld Information II a trade secret or confidenbal commeroal or r111anaal information that Is being withheld for the reason(s) ind~ted. The infonnation is considered to be proprietary because it eoncems a Ncensee'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 lnfonnation Is considered to be another type or conftdenllal busineS$ (proprietary) Information. D The infonnatlon 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 lntraagency records that are normaly privileged in c:ivd litigation. Deliberative process privilege. D Attorney work product pnvilege. D Attorney-client privilege. 0 Exemption 6* The withheld lnform1tlon from a pel'IOMet, medical, or slmlar fie, It exemp1ed from public disclosure because Its disclosure would reault In e. clMriy unwarranted Invasion of personal privacy. IZ] Exemption 7: The withheld informllon con1all al records comp41ed for law enforcement purpooes and Is being withheld tor the reaton(t) indlcatod (A) Oiacloaure could nstonably ba expeded to lnterlere Wl1h an open enforcement proceeding 0 (C) Dlsdosure could reasonably be expeded to cons\Jlute an ul!Wlnanted invaSJOn of personal pnvacy. (0) The ,nformauon consists of names and other information the dtsclosure of which could reasonably be expected to reveal i(jentlties of confidential sources. (E) Olsdosure would reveal techniques end proceduras for law enforcement lnvuligations or prosecutions, or guidelines that could reasonably be expected to risk cln::umvention of the law. (F) Disclosure could reasonably be expected to endenger the life or physical aefety of en Individual. o 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 officlal(s) listed below have made the determination to withhold certain Information responsive to your request. APfl't'-'-"1t10Jtk*I** i--t(ENYl~G OFFICIAL TITLE/OFFICE RECORDS DENIED ( !00 111:CY IO Joseph A. McMillan 1 1Assiscan1 lnspec1or General for Jnvesligations. OIGI IM Ll6216A705. MLl62J8AOOS-16238A009 I 11 II I I II II 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, O.C. 20555-0001, or FOIA.Resource_@nrq1ov. Please be sure to Include on your letter or email that It Is a " FOIA Appeal." NRC Fonn 464 Part ti (OIG) (03-2017) Page 1 ol 1
NRC FORM 4"4 Part I U.S. NUCLEAR REGUU.TOftY COMIIIISSION FOIA RESPONSE NUMBER L _J L
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(03,20171 RESPONSE TO FREEDOM OF 2018-0010 I _J INFORMATION ACT (FOIA) REQUEST
RESPONSE
TYPE 0 INTERIM FINAL REQUESTER: DATE: David Lochbaum, Union of Concerned Scientists DESCRIPTION OF REQUESTED RECORDS: I 10/26/2017 I Records corresponding to items 17, 20, 22, 24, 42, and 53 of your request, as more fully explained in the Comments Section, below. PART I. - INFORMATION RELEASED You have the right to seel< assistance from the NRC's FOIA Public Liaison. Contact Information for the NRC's FOIA Public Liaison Is available at htll)s://www.nrc.gov/reading-rm/foia/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. Agency records subject lo the request are enclosed. Records subject to the request that contain information onginated 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 AMOUITT' You will be billed by NRC for the amount llsted. IL Due lo our delayed response. you will Minimum fee threshold not met JI You will receive a refund for the amount listed. D
'$'" Commtnll for-I 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 nauonal security records as not subJect to the FOIA ("e>eclusions"). 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 no~ exist. We have withheld certain lnformallon pursuanl to the FOIA e>eemp(Jons described, and for the reasons stated, In Part II. Because this Is an interim response to your request, you may not appeal at thlS tJme We will notify you of your nght 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 .calendar days of the date of this response by sending a letter or e-mail to the FOIA Officer, at U.S. Nuclear Regulatory CommIss1on, Washington. D.C. 20555-0001, or FOIA.Resourc~nrc.gov. Please be sure to Include on your letter or email that rt is a "FOIA Appeal." You have the nght to seel< dispute resolution services from the NRC's Public Liaison. or the Office of Government lnfonnation Services (OGIS). Contact information for OGIS Is available at httD_s://o~ls archlves.g_ov/about~/contact-1nformat1on.htm PART I.C COMMENTS I Use attached Comments continuation page If required) A lthough these records have been removed from ADAMS, because the NRC was able to locate them by the accession numbers during the processing of several FOIA requests seeking the same records within the pac;t year, we have considered the records as described below. In responding to your request, we have taken into account the privacy waiver furnished by Lawrence C riscione. [ continued on next page] Slanature - Freedom of lnform.tlon Act Officer or OulanH IS . A Bl ,__ __ ._ aney :=~-==-':::":"'--=--
*=.JI Dtstrlbutlon 1* tephan1e . c..xn-.w..... I OFFICE ACTION OFFICER FOIA OFFICER NAME MLSteven, SABlney PUBLIC ADAMS DATE 10/25/2017 10/2612017 0 NON.PUBLIC ADAMS NRC Form 464 Part I (03-2017) Page 1 of 3
NRC FORM *54 Part I U.S. NUCLEAR REGULATORY COMMISSION FOIA RESPONSE NUMBER (03-2017) RESPONSE TO FREEDOM OF INFORMATION 1 20 18-0010 I! 1 ACT (FOIA) REQUEST Continued RESPONSE INTERIM FINAL TYPE REQUESTER: DATE: loavid Lm::hbaum, Gnion of Concerned Scientists 11 10/26/2017 PART I.C COMMENTS (Continued} ML l 6202A5J6 (item 17) consists of an email. dated May 9, 2016, from Mr. Criscione to the Chainnan's office, including four attachments containing multiple documents, concerning a personal matter. Although the Chainnan's offi ce confirmed that it received an email from Mr. Criscione on this date, the attachment received by, and maintained in, the Chairman's office incl udes many more pages than appear in this record. Given its personal nature, and the fac t that the record is not identical to the copy located in the Chairman's office (i.e., it is incomplete). we have detenn ined that it is a personal record. As such, it is not subject to the FOIA and has not been processed. ML l 6204A00 I (item 20) was determined to be a personal. rather than agency, record. It is an email. dated September 14. 2012, which Mr. Criscione sent to various congressional staff members. Although two items are shown to have been attached to that email. neither was included in ML 16204A00I. Since NRC has not located another copy of the email received in the course of any NRC staff member's assigned duties in any of its records systems. we have determined that the email is a personal record. As such. it is not suhject to the FOIA and has not been processed. ML16216A702 (item 22) is an email exchange among Mr. Criscione in his personal capacity (i.e .. al a personal email address). his personal attorney, and an attorney at the Department of Justice regarding the terms of a possible resolution to a FOIA lawsuit brought by Mr. Criscione. Given its personal nature, and since NRC has not located other copies of this record in any of its record systems. we have determined that it is a personal record. As such. it is not sub_ject to the FOIA and has not been processed. ML 162 I 6A 704 (item 24) appears to be a Linkedln page of an individual when he was employed by the NRC. Given its personal nature. and since NRC has not located anoth.er copy of this record in any of its record systems, we have determined that it is a personal record. As such, it is not subject to the FOfA and has not been processed. The email incl uded in MLl 6237 A007 (item 42) is an email received by Mr. Criscione at his personal email address. Since NRC has not located another copy of the email received in the course of any NRC staff member's assigned duties in any of its records systems, we have de1ennined that the email is a persona! record. (The slides attached 10 chis email are identical to ML16237A004 and included in item 39, which we will address in a future response.) As such. it is not subject to the FOLi\ and has not been processed. MLI 6242A333 (item 53) consists of a letter wrinen by private counsel retained by Mr. Criscione, and several documents, idenlified as Exhibits 1-6, to this letter. respectively. The letter and exhibits were apparently prepared by, or on behalf of. Mr. Criscione relating to a personal matter. Nothing on the face of these records evinces NRC's receipt of them. Nor has NRC located another copy of these records that were received in the course of any NRC staffs ass igncd duties in its record systems. As such, we have determined that this record is a personal record. As such, it is not subject to the FOIA and has nol been processed. NRC Form 464 Pan I (03-2017) Page 3 of 3
NRC FORM 464 Part I (OIO) RESPONSE NUMBER U.S. NUCLEAR REGULATORY COMMISSION FOIA (12-2016) RESPONSE TO FREEDOM OF 1 20,s-00,0 JL 2
- ]
(.¥)..... INFORMATION ACT (FOIA) REQUEST
RESPONSE
TYPE [Z] INTERIM FINAL REQUESTER: DATE: David L ochbaum, Union of Concerned Scientists IL~ 30 20\l I DESCRIPTION OF REQUESTED RECORDS: Records corresponding to items 23, 25, 43-49, 56-63, 66, and 67 of your request, as further explained in the Comments Section, below. PART I. - INFORMATION RELEASED Agency records subject to the request are already available in public ADAMS or on mletoflche In the NRC Pubhc Document Room. Agency records subject lo Iha 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 sedJon) for a disdosure determination and direct response to you. [Z] We are continuing to process your request. [Z] See Comments. PART I.A - FEES AMOUNT" II You will be billed by NRC for the amount listed. None. Minimum fee threshold not met. s II "See CMvrenta lo< dolllll You will reoelve a refund for the amount listed. Fees waived. PART 1.8 - INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE D enforcement We did not locate any agency records responsive to your request. Note: Agencies may treat three discrete categories of law and national secunty records as not subject to the FOIA ("exdus1ons"). 5 U.S.C. 552(c) This is a standard notification given to all requesters it should not be taken to mean that any excluded records do, or do not exist [Z] We have withheld certain information pursuant to the FOIA exemptions descnbed, and for the reasons stated, in Pan 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 [Z] appeal any of the responses we have issued in response to your request when we issue our final determination. D the You may appeal this final detemimation within 30 calendar days of the date of this response by sending a letter or email to FOIA Officer at U.S. Nudear Regulatory CommIsslon, Washington DC. 20555-0001, or FOIA,Resource@nrc;,gov. Please be sure to include on your letter or email that it Is a "FOIA Appeal." PART I.C COMMENTS ( Use attached Comments continuation page if required) This second interim response, which is the first response addressing records under the jurisdiction of the Office of Inspector General (OIG), addresses 19 additional records responsive to your request. Although these records have been removed from ADAMS, because the NRC was able to locate them by the accession numbers during the processing of FOIA requests seeking the same records within the past year, we have considered the records as described below. I n responding to your request, we have taken into account the privacy waiver furnished by Lawrence Criscione. [continued on next page) ~
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-- PUBUCADAMS
[Z] NON-PUBLIC ADAMS DATE 1ons12011 I IJ I..J.~), ) NRC Form 464 Part I (OIG) (12-2015) Page 1 of 3
NRC FORM 464 Part I (OIG) U.S. NUCLEAR REGULATORY COMMISSION FOIA RE SPONSE NUMBER (U.m16) RESPONSE TO FREEDOM OF INFORMATION L 2018-0010 JL 2 ~ ACT (FOIA) REQUEST Continued RESPONSE TYPE 0 INTERIM FINAL REQUEST ER: DATE: lo avid Lochbaum, Union of Concerned ScientiStS j OCI 3 O 201~ PART I.C COMMENTS (Continued) The record you identified as ML16216A703 (item 23) has been detennined not to be an agency record. This record consists of three separate records: (I) this Office's Form 464-0IG response to a previous FOIA request submitted by Lawrence Criscione; (2) a Memorandum to File that was released in part in that response; and (3) run annotated version ofa Declination Sheet, which was also partially released in that response. However, this copy of the Declination Sheet contains an annotation that was added to the record, presumably by Mr. Criscione, aller he received it in response to his FOTA request. The NRC has not located another copy of the annotated Declination Sheet in its records systems. Because these three records were assembled into a single record when Mr. Criscione added them to ADAMS, which you requested in that fom1, we have considered them as a single record. Accordingly, the record has been determined to be a personal record, not subject to the FOIA, and has not been processed. Each of the records requested in items 25 (ML16216A705) and 43-47 (ML I6238A005-MLI 6238A009) is described in your request as an interview ofa named third pany. As such, to the extent such records exist and constitute agency records, they are withheld in their entirety on the basis of FOIA exemption 7(C). Ten ( 10) enumerated documents, including ML I6244AO00 (item 56), which appears to be an annotated, partial transcript of Mr. Criciscione's interview conducted by OJG, and nine (9) mp3 audio clips that were created from an audio transcript of that same interview: ML l 6244AOO 1 (item 57); ML l 6244A002 (item 58); ML l 6244A003 (item 59); ML l6244A004 (item 60); ML16244A005 (item 61); MLl6244A006 (item 62); ML16244A007 (item 63); ML l 6238A0 10 (item 48); and ML l 6238A0 11 (item 49) have also been determined to be personal records. Since these records were selectively culled from the totality of the original audio and written transcript of interview, including some additional commentary presumably added by Mr. Criscione after he received these pages in response to a FOIA request, and the OIG did not locate other copies of these identical records in its records systems, we determined they are personal records, not subject to the FOIA, and have not been processed. Please also note that, with respect to items 61 and 62, by our response, we are not confirming that your description of these items (which includes the name of a third party) is correct. Both MLl6245A000 (item 66) and ML16245A001 (item 67) consist of multiple pages from two different OlG investigative files, selectively culled from the totality of the files, with typewritten commentary and highlighting throughout, apparently added by Mr. Criscione after he received these pages in response to a FOIA request. Since the OIG did not locate another copy of these identical records in its records systems, we determined they are personal records, not subject to the FOJA, and have not been processed. NRC Fonn 464 Part I (OIG) (12*2015) Page 3 of 3
NRC FORM ... Part II (OIG) U.S. NUCLEAR REGULATORY COMMISSION FOIA (1)).201 1) r' RESPONSE TO FREEDOM OF L 20 1s-00 10#2 J
\¥.....) INFORMATION ACT (FOIA) REQUEST DATE :
I cx:t' 3 i !llZ I PART II.A - APPLICABLE EXEMPTIONS Records subject to the request ere bemg W1thheld In their entirety or 111 part under the FOIA exemptlon(s) as 1nd1CBted below (5 U.S.C. 552(b)). ExemJ)llon 1 The withheld information ,a properly dassrl!ed PI.OU8ffl to an Exetutrve Otder protecting n*tional 1ecunty tnformllllon Exemption 2. The withheld lntormat,on relates aolely to the r,temal pa,onnel rula *nd pr8cilc:el of NRC Exemption 3 The withheld Information ,s lf)e(lficany exempted from publlc d*sdosUt11 by the sta!Ute tnd*cated. Sections 141-145 of the Atomic Energy Act, which proh,b,ta the dtldolure of Restncted Data or Formerly Restncted Data (42 U.S C. 2161-2165). Section 147 of the Atom,c Energy Act. .,.;,,ct, prot11brts the disclosure of Unclassified Safeguards lnformetlon (2 U S.C 2167). 41 U.S.C. 4702(b), which prohtblla the disclosure of contraclOf propouls, except when incorporated Into the conltact between the agency and the submitter of the proposal Exemption 4 The withheld Information ts a ltede secret or conficlentJal commerallf Of finanael 1nfonnat10n lhat ,s being withheld fo, the reason(*) Indicated. The Information Is considered to be propnetll}' because It concerns a llcensee's or appltcant's phySJcal protedlon or material control and accounting program for special nudear material purauanl lo 10 CFR 2.390(d)(1). The information Is considered to be another type or conidenbal business (proprietary) informabon. D The information was subm,tted by a foreign source and ree8Mld In confidence punsuant to 10 CFR 2.390(d)(2). Exempbon 5 The withheld Information consists of interagency or intraagency records that are normally prMleged in civil htigallon. Deliberative process privlege. 0 Attorney wor1< produel pnvdege. D Attomey-dlent pnvllege. D Exe,mpuon 6 The withheld mformatlon from* peraonnel. medical or aimllar f.le, ,s exempted flOm public dltClosufe becauae !IS dtldoeuro would result In a dearly unwarTanted ,nvas,on of personal pnvacy. [ZJ Exemption 7 The w,thtletd 1nfonnat10n con1..is of records c:omp*led for law enforcement purposes and 11 being Withheld for tha reason(s) Indicated (A) Oiacloaure could reHon1bly be expected 10 tnlerfere wilh an open en'orcement proceeding 0 (C) o,sciosure could reasonably be expected IO constllute an unwananted ,nvasoon of personal pnvacy. (0) The information con$1sts of names and Olher 1nf01Tna~on the dosdosure of which could reasonably be expected to reveal ldentttes of confldenual sources. (E) Disclosure would reveal techruques and procedures for law enforcement lnvubgabons Of l)l'OMCUllons, Of guidelines that could reeeonebly be expected to rlSk arcumventlon of the law. (F) Oladosure could reaaonably be expected to endanger the life or physlcal 11fety of an Individual 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 offlclal(s) listed below have made the determination to withhold certain information responsive to your request. AHl.hATI C)l"ft IA&. D ~ING OFFICIAL TITLE/OFFICE RECORDS DENIED coo SECY IQ Toscph A. M cMillan I rAss-istanl I nspector General for Investigations. OIGI IMll6216A70S, MLl6238AOOS-16238A009 I [ 11 11 J I 11 _J I I Appeals must be made In writing within 90 calendar days of the date of this response by sending a letter or emall 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 ls a "FOIA Appeal." NRC Form 464 Part 11 (OIG) (03-2017) Page 1 of 1
NRC FORM -464 Pait I U.S. NUCLEAR REGULATORY COMMISSION FOIA RESPONSE NUMBER 103-2017) r"'\ RESPONSE TO FREEDOM OF I 2018-0010 ][ 3 ] t¥) INFORMATION ACT (FOIA) REQUEST
RESPONSE
****' TYPE [Z] INTERIM FINAL REQUESTER: DATE:
David Lochbaum, Union of Concerned Scientists IL I0/26/2017 J DESCRIPTION OF REQUESTED RECORDS: Records corresponding to items 1- I 2 of your request, as further explained in the Comments Section, below. PART I. - INFORMATION RELEASED You have the right to seek assistance from the NRC's FOIA Pubic Liaison. Contact information for the NRC's FOIA Public Liaison is available at https:l/www.nrc.gov/read1ng-rm/fo1a/contact-fo1a.html [Z] 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 informahon onginated by or of interest to another Federal agency have been referred to that agency (see comments section) for a disclosure determ111a1ton 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 hsted. Due to our delayed response, you will Minimum fee threshold not met. II ii You will receive a refund for the amount listed
*s.. comrrel"ll1tord1'-' I*
Fees waived not be charged fees PART I.B- INFORMAllON 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 SC 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 descnbed, 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 mari appeal this final determination within 90 calendar days or the date or this response by sending a letter or e-mail to the FOIA O fleer, 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 nght to seek dispute resolution services from the NRC's Pubhc Liaison, or the Office of Government lnformabon Services (OGIS). Contact information for OGIS Is available at https://og1s.arch1ves.g_ov/about-og1s/contact-,nformabon.htm PART I.C COMMENTS ( Use attached Comments continuation page If required) Thi:. third interim response addresses eleven (11) additional records. ML I00271591 (item I), ML I02910480 (item 3), ML! 2335A059 (item 5), and ML13218A150 (item 9) are all publicly available in ADAMS under Lheir respective ML accession numbers. [continued on next page] Signature. Freedom of lnfonnatlon Act Officer or Deslgnee Distribution IStep hanie . A . Blaney ----*- ===-==-";=':::':"--=-- I Dlil*:tOltlla t..,M.t,i->> _____. OFFICE ACTION OFFICER FOIA OFFICER NAME NL Stovens SA Blanoy PUBLIC ADAMS DATE 10/2612017 10/2612017 0 NON-PUBLIC ADAMS NRC Form -464 Pert I (03-2017) Pag, 1 of3
NRC FORM 4M Part I U.S. NUCLEAR REGUI.ATORY COMMlSSION FOIA RESPONSE NUMBER (Ul-2011) RESPONSE TO FREEDOM OF INFORMATION 1 2018-0010 11 3 I ACT (FOIA) REQUEST Continued RESPONSE INTER.IM FINAL TYPE REQUESTER: DATE: l~avid Lochbaum. Union of Concerned Scientists .J L 10/26/20 17 PART 1.C COMMENTS (Continued) With respect to ML100780084 (item 2). we have made no changes to the puhlicly available version of the Generic Failure Rate Evaluation for Jocassee Dam Risk Analysis, wh.ich is MLl3039A084. The only redaction i:s the cross-section diagram of the Jocassee Dam, which continues to be withheld on the basis of exemption 7(F). ML I I0740482 ( item 4) is the preliminary version of the Screening Analysis Report for the Proposed Generic Issue on Flooding of Nuclear Power Plant Sites Following Upstream Dam Failures. We have made no changes to the publicly available version of this report, which is ML I 3256A36Q. The redacted portions continue to be withheld on the basis of exemption 7(F). ML 13063/\. 110 (item 6) is an options paper that was the s ubject of a prior FOIA request completed last year. FOIA-2016-0071 Ji4. We continue to assert exemption 5. as it incorporates the deliberative process privilege, for the options that were not chosen by the decision-maker. The publicly available version of this record may be found as ML l6070A287. ML I3084A022 (item 7) is a set of PowcrPoint slides submitted by Duke Energy in advance of a public meeting, which were attached to an email exchange that was the subject of a prior FOIA request. FOIA-2013-0264. The redacted version is already publicly available as MLl3226A265. A set of these same slides. with the one slide's content removed by the licensee, is also publicly available as ML 13 I23A204. We continue to assert exemption 7(F) for the redaction of the cross-section diagram of the Jocassee Dam. as it appears on slide 18 of this PowcrPoint presentation. MLI 3 J4<~A079 ( item 8) is the Commission's 2nd Quarter Operating Plan for FY -2013. which has been the subject of several FOIA requests. including FOIA-:!013-0261 (and its appeal. FOIA-2013-002IA) and. most recently. FOIA-2016-0725. We continue to withhold the Plan in full pursuant to FOIA exemption 5. as it incorporates the deliberative process privilege. ML14090A406 (item I0) is a n:cord entitled "Evaluation of Missouri River Mainstem Dams and Potential Flood Hydro graphs at Fort Calhoun and Cooper Nuclear Plants." which was prepared by the t.;.S. Army Corps of Engineers (ACE) and shared with the NRC. It has been the subject of several FOIA requests. including FOIA-2015-0074 (ML15034A093) and FOIA-2016-0062 tML l 5303A263),. and most recently. FOIA-2016-0725. Earlier this year when we processed FOIA-2016-0725, NRC staff consulted with ACE again. Based on this consultation, the n:cord continues to be withheld in full on the basis of FOIA exemptions 7(E) and (F). Any appeal with respect to this record should be directed to Secretary of the Anny (A lTN: General Counsel). The appeal must be received within 90 calendar days of the date of this response. The envelope containing the appeal should be11r the notation: "freedom oflnfonnation Act Appeal" and should be sent to: U.S. Army Engineer District, Omaha. ATTN: CENWO-OC, 1616 Capitol Avenue. Omaha. Nebraska 6810:!-4901. ML l4325A850 (item 11) is a letter that has also been the subject of prior FOIA requests. A redacted version of the letter was made publicly avail11ble as ML16021A057. We continue to assert exemption 6 to protect the name of the letter's originator. In addition. we continue to assert exemption 5. as it incorporates the anorney-client privilege, for the portions of the letter that reflect advice provided hy OGC lawyers to NRC staff. of which the letter'.s originator became aware as part of his official duties. ML15356A158 (item I:!) is a Staff Assi:ssment that was the subject of multiple prior FOIA requests. Certain previously ri:dacted text in the publicly available version (ML16273A128) has now been restored to this documc:nt: a copy of the re-redacted document is enclosed. We continue to assert exemption 7F for the portions of this document that we continue to withhold. NRG Form 464 Part I (03-2017) Page 3 ol 3
NRC ~OR M *u Part II U.S. NUCLEAR REGULA TORY COMMISSION FOIA (03-201 /) tj.ii\ RESPONSE TO FREEDOM OF I 20 l 8-0010113 I
~ -,, .-7..-* ..c INFORMATION ACT (FOIA) REQUEST PART II.A - APPLICABLE EXEMPTIONS DATE:
locr 2 s
I Records subject to the request are being withheld in their entirety or in par1 under the FOIA ellemption(s) as indicated below (5 U.S.C. 552(b)).
Exemption 1 The withheld information Is properly ciassrf1ed pvrsuant to an Execuhve Oroer protecting national secvnty ,nlormation. 7 l__j Exemption 2 The wm,held 1nlormatlon relates solely to lhe internal personnel l'\Jles and practices of NRC. Exemption 3: The withheld information is specifically exempted from pubic disclosure by the statute 1nd1cated. C Sections 141-145 of the Atomic Energy Ac,. which prohibits the drsdosure ol Restricted Data or Formerly Restricted Data (42 U.S.C. 2161-2165). [l Section 147 of the Atomrc Energy Act. which prohibits the disdasure of Undassified Safeguards lnlormalion (42 U S.C. 2167)_ 41 U.S.C 4702(b). which prohibits the disclosure or contractor ptoposats. except wnen incorporated into the contract between the agency and the [7 submitler al the proposal. Exemption 4 The withheld information ,s a trade secret or confidential commercial or finana at information that ,s be,ng withheld for 1he reas0<1(S) indicated. The infonnation is considered to be proprietary because it concerns a licensee's or applicant's physical protection or material control and C accounting program for special nuclear material pursuanl to 10 CFR 2.390(d)(1). The information is considered to t>e another type or coofldential business (proprietary) info1malion. The infonnation was submitled by a foreign source and received in confi<lence pursuant to 10 CFR 2.390(d)(2). iZ Exemption 5: The withheld information consists of interagency or intra.agency records that are normally pri'Jileged in civil Iiligation. 0 Deliberati'Je process privilege. C1 Atlorney work product pm,1lege. 0 Attorney-client privilege. Exemption 6: Tne withheld ,nformation rrom a personnel. medical or s1mda, me. is exempted from public disclosure because its disclosure would resutt [Z In a ciearly unwarranted 1nvasIon of personal pnvacy. 0 Ex:empt1on 7. The withheld information consists of records compiled ror law enforcement purposes and 1s being withheld for the reason(s) indicated (A) Disclosure could reasonably be e*pected to ,nterlere w,th an open enforcement proceeding. LJ (C) D1scJosure could reasonably be expected 10 constnute an unwarranted Invasion of personal privacy. (DI The 1nfonnation consists of names and other informat,on the disclosure ol which could reasonably be e*pected to reveal iclen11t1es or conr1clential sources. tE) D1sclosure would reveal techniques 11,nd procedures tor law enforcement investigations or prosecutions. or guidelines that could reasonably be 0 expected to risk arcumvention of the law. 0 (F) Disclosure could reasonably be eipected to endanger the ~fe or physical safety of an individual
-, I L_j 0 1her 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(sl listed below have made the determination to withhold certain Information responsive to your request 4PPfLLATE OFFIC:lAL DENYING OFFICIAL TITLE/OFFICE RECORDS DENIED f CO Sl!CY I Rochclk llavol 11 Exec /\~st to lhc Sc<.~- tu lhc c,,mn11ss1on
1 11cm 8 I ;:J d]
I S1cphan1c A H Ian~,* 11 FOi/\ Oflk~, II 11cms '.?. l. 6. l(J_ I'.? I0 I Hcrn1c~ C Ammon 11 Asst Gen c.,unsd for l.l'. Leg & SI'<"' ProJ I 11cm 11 I [7] 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, O.C. 20555-0001, or FOIA.Resour,;l.@nr.c.gov. Please be sure to include on your Jetter or email that it is a "FOIA Appeal." NRC Form 464 Part II (03-2017) Pag, 1 ot 1
FOIA REFERRAL & PACKAGE ROUTING SLIP
.:io,~ - 0003 Date: 0rzotx£ Jt>1dO 11 FOIA- .:)o I 'i'- OOL 0 Response# 4 Type of Action Item:
FOIA Referral D FOIA Response Package for Concurrence ti-. FOIA Response Package for Signature How to be Delivered:
~Walk Around D Fax D Fed Ex D Email To Whom Delivered:
DOE O OGC
~ OIG Program Office FOIA Coordinator:~....
(b_H_6)_ _ _ _____.- -- - 0ther Instructions: ; 1-lvu, Mth h.£K1"f)l1Cltll{t-l'JJ OLO-l'~~JY/4. f2A/t%-w-£., -f7> !;tu Ct,, ol J - ,. ,y~
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Rev. 12/14
The attached records reflect the program office's recommendations as to their responsiveness and manner in which the records should be processed and, accordingly, are withheld in their From: Thaggard, Mark entirety under FOIA exemption 5. The Sent: Monday, November 06, 2017 4:27 PM records (as ultimately processed) are To: Stevens, Margo addressed in the response to multiple
Subject:
FOIA-2018-003 requests, including interim response # Attachments: ADAMS Submittal Update; Posting documents to ADAMS 12 to your NRC-2018-000096. This response is publicly available in ADAMS as ML20288A423 and Margo, ML20288A425. (b)(5)
;;~,JI.-. /7,,,'l'Jf'r,I, Deputy Director D1v1s1on of Risk Analysis Office of Nuclear Regulatory Research U.S. Nuclear Regulatory Commission M.S. Tl0Al2 Washington, DC 20555 Office: 301-415*0452
personal record From: Stevens, Margo Sent: Wednesday, January 10, 2018 11:38 AM To: Wilson, George
Subject:
RE: RE: RE: I got your voicemail (UNCLASSIAED) I lust tried to call but I think vou steooed awav brieflv. I'll try to call aaain at 11 :45J (b)(S) Margo L. Stevens FOIA AnalysVTeam Leader (Contractor) OCIO/GEMS/lnformation Services Branch U.S. Nuclear Regulatory Commission 11545 Rockville Pike, Mail Stop T-2F7 Rockville, Maryland 20852 Telephone#: (301) 415-8148
----Original Message- -
From: Wilson, George Sent: Wednesday, January 10, 201811 :21 AM To: Stevens, Margo <Margo.Stevens@nrc.gov>
Subject:
RE: RE: RE: I got your voicemail (UNCLASSIFIED) I am free now until 1230 If you would like to talk busy the rest of the day George Wilson Director, Division of Materials and License Renewal Office of Nuclear Reactor Regulation USNRC 301-415-1711 Office 011 E2
--Original Message----
From: Stevens, Margo Sent: Wednesday, January 10, 2018 10:23 AM To: Wilson, George <George.Wilson@nrc.gov>
Subject:
FW: RE: RE: I got your voicemail (UNCLASSIFIED) Importance: High Good morning, George and Happy 2018! As ou can see from the string, below (b)(5) With apologies for the short turnaround .... Margo L. Stevens FOIA Analyst/Team Leader (Contractor) OCIO/GEMS/lnformation Services Branch U.S. Nuclear Regulatory Commission 11545 Rockville Pike, Mail Stop T-2F7 Rockville, Maryland 20852 Telephone#: (301) 415-8148
--Original Message---
From: Cook, Christopher Sent: Wednesday, January 10, 2018 9:04 AM To: Stevens, Margo <Margo.Stevens@nrc.gov>
Subject:
RE: RE: RE: I got your voicemail (UNCLASSIFIED) Hi Margo...and happy 20181 I have a meets at 10 and 2 today. So 1:30 will work assuming it doesn't go long. George Is still in NRR, so I recommend we invite him. Let me know when you'd like to meet. Chris
--Original Message--
From: Stevens, Margo Sent: Wednesday, January 10, 2018 7:18 AM To: Cook, Christopher <Christopher.Cook@nrc.gov> Subject FW: RE: RE: I got your voicemail (UNCLASSIFIED) Importance: High 2
(b)(5) Margo L. Stevens FOIA Analyst/Team Leader (Contractor} OCIO/GEMS/lnformation Services Branch U.S. Nuclear Regulatory Commission 11545 Rockville Pike, Mail Stop T-2F7 Rockville, Maryland 20852 Telephone#: (301) 415-8148

Original Message-----

From: Stevens, Margo Sent: Wednesday, January 10, 2018 7:1 1 AM To: 'Bartlett, Michelle J CIV USARMY CEHEC (US)' <Michelle.Bartlett@usace.army.mil>
Subject:
RE: RE: RE: I got your voicemail (UNCLASSIFIED) Michelle -- thanks for sharing this with me ahead of our call. Let me know, based on what I've said here, you think we should still chat at 1:30 today, or whether I should see whether I can find answers (talking with Chris) first -- (b)(5) 3
(b)(5) Margo L. Stevens FOIA Analyst/Team Leader (Contractor) OCIO/GEMS/lnformation Services Branch U.S. Nuclear Regulatory Commission 11545 Rockville Pike, Mail Stop T-2F7 Rockville, Maryland 20852 Telephone#: (301) 415-8148 ---Original Message---- From: Bartlett, Michelle J CIV USARMY CEHEC (US) [11] Sent: Tuesday, January 09, 2018 3:09 PM To: Stevens, Margo <Margo.Stevens@nrc.gov>
Subject:
[External_Sender] RE: RE: I got your voicemail (UNCLASSIFIED) CLASSIFICATION: UNCLASSIFIED (b)(5) Michelle Bartlett Office Phone: (703) 428-7207 llolis is a p11iioilege~ HltlltlWAi&e&ilm.
Aftorney-CiiehDAllvi 1189 00Cl k fi", odoct
--Original Message-From: Stevens, Margo [12]
Sent: Tuesday, January 9, 2018 2:52 PM To: Bartlett, Michelle J CIV USARMY CEHEC (US) <Michelle.Bartlett@usace.army.mil>
Subject:
[EXTERNAL] RE: RE: I got your voicemail (UNCLASSIFIED) That's fine. I can call you around 1:30, if that works.... Margo L. Stevens FOIA Analyst/Team Leader (Contractor) OCIO/GEMS/lnformation Services Branch U.S. Nuclear Regulatory Commission 11545 Rockville Pike, Mail Stop T-2F7 Rockville, Maryland 20852 Telephone#: (301) 415-8148

Original Message- -

From: Bartlett, Michelle J CIV USARMY CEHEC (US} [13] Sent: Tuesday, January 09, 2018 2:51 PM To: Stevens, Margo <Margo.Stevens@nrc.gov>
Subject:
[External_Sender] RE: I got your voicemail (UNCLASSIFIED) CLASSIFICATION: UNCLASSIFIED Can we do tomorrow afternoon? I get in at 9 Michelle Bartlett Office Phone: (703) 428-7207 7Fi :is is a p, i, ilogee eeA11A11u111iHliaA. ouo~nor Cliont'Ntocoe~' Wede Pcod::c* Be rm;: RELEASE t::mBER FOIA.

Or1iginal Message---

From: Stevens, Margo [14] Sent: Tuesday, January 9, 2018 2:50 PM To: Bartlett, Michelle J CIV USARMY CEHEC (US) <Michelle.Bartlett@usace.army.mil>
Subject:
[EXTERNAL] I got your voicemail Have to leave in a few minutes; I will try to call you early tomorrow.... Not sure when you arrive. I get in by 6:30 and should be at my desk until a 9:00 meeting, so I'll try to catch you before that meeting. Margo L. Stevens s
FOIA Analyst/Team Leader (Contractor) OCIO/GEMS/lnformation Services Branch U.S. Nuclear Regulatory Commission 11545 Rockville Pike, Mall Stop T-2F7 Rockville, Maryland 20852 Telephone#: (301) 415-8148 CLASSIFICATION: UNCLASSIFIED CLASSIFICATION: UNCLASSIFIED 6
From: Tabatabai Sarah To: Stevens Morgo
,ec: warner Deaooa
Subject:
RE: FOIA Request Date: Monday, Oea!mber 11, 2017 10:41:17 AM Hi Margo, Sorrv for the delayed response as l(b)(6) I (b)(5) Thanks,
--Sarah From: Stevens, Margo Sent: Tuesday, December 05, 2017 9:05 AM To: Tabatabai, Sarah <Sarah.Tabatabai@nrc.gov>
Cc: Warner, Deanna <Deanna.Warner@nrc.gov>
Subject:
RE: FOIA Request Ladies, I am trying to go back and see where things ended up, so that I know what my next
~teos have to be on FOIA-2018-0003/0010. t (b)(5) 'I ( ... t' I '
ti/\/ I fn111 J r'tl 'I *, Ir , ',>1 I 1 i J11 1,L ,1, 111/,>111111 ,.-n 1r, J:r, 1/, \11c /,di l't't/11 /1*11/ l,111 1,11, i,*11 1>1/'I /(1 I'/ **/,/ ' I' 7. /;
' *r ' d *() 'i.:; , /('/ ,JI I ";*,-:/ JS From: Tabatabai, Sarah Sent: Monday, November 06, 2017 7:32 AM To: Peters, Sean <~o Peters@nrc gov>; Perkins, Richard <B1ctiarcLPcrk1n nrc.... v>; O'Donnell, Edward <Edward.O'Donnell@nrc.gov>; Sancaktar, Selim< Jim.S~aktar@nrc cov>; Barnes, Valerie <Valerie,Barn sa nrc,, v>
Cc: Philip, Jacob <Jacob Ph1hp@ncc eoV>; Kanney, Joseph <Joseph Kanncy@nrc.eov>; Warner, Deanna <Deanna Warncc@nrc 13oy>; Stevens, Margo <Mareo Stevcos@nrc 1mv>
Subject:
FOIA Request
Importance: High Good morning, (b)(5)
1hanks,
-Sarah Sarah Tabatabai U.S. Nuclear Regulatory Commission T echnlcal Assistant RES/ORA (301) 415-2382 Mail Stop: T-10A12
From: Blaney, Stephanie Sent: Friday, December 08, 2017 11:14 AM To: Stevens, Margo
Subject:
RE: Interim #6 for both FOIA-2018-0003 and FOIA-2018-0010 Attachments: NRC 464 Part I _2018-0010J#6.pdf, NRC 464 Part I _2018-0003#6.pdf; NRC 464 Part II_ 2018-0003#6.pdf; NRC 464 Part ll_2018-0010J#6.pdf The attached interim responses (# 6) are publicly Signed. available in ADAMS as ML20288A416 and ML20294A099, respectively. The concurrence From: Stevens, Margo copies are included herein. Sent: Friday, December 08, 2017 7:56 AM To: Blaney, Stephanie <Stephanle.Blaney@nrc.gov>
Subject:
Interim #6 for both FOIA-2018-0003 and FOIA-2018-0010 OK. I've (b)(5) The released set of records are already in the G drive under the respective case numbers. Thanks. I ('I
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( \1 I I II rfj I.
From: Stevens, Margo Sent: Tuesday, December 05, 2017 9:42 AM To: Cook, Christopher; Taylor, Robert Cc: Albert, Michelle
Subject:
FOIA-2018-0003 (and 2018-CXH0) Attachments: NRC SlO_Personal Records Checklistpdf, Input into Breadth of GAP Requests.docx; 2016-0657 Response.pdf Good morning. (b)(5)
(b)(5) I look forward to hearing from y'all.
Margo L St.evens
.'f0I'l1 :Ana(yst/ 'leam Leacfer (Conlraclor) OCJO/r-;*£:~tS/Inf<>rmat ion Sen1ices 'Bra ncli 'U.S. :Nuclear 1~Bu.l.alory Commisswn ll'i4., '1{11,~v{ffe 'Ptfe, .'Mai[SLO.J' 'J-2J'7
Rocfn ffle, 'Maryfi:md w852 1e[e_pli 1<> #: (301) 415-8148 2
NRC FORIM 510 ~c,.J>fllltQ(I(*> U. S. NUCLEAR REGULATORY COMMISSION (06-2016) l¥.....'
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i PERSONAL RECORDS CHECKLIST 1 Please use this form to determine whether a record you created is a personal or agency record. The Department of Justice's Office of Information Policy has issued guidance, which you can find here: httgs://www.justice.gov/oig/blog/foia-ugdate-oig-guidance-agenc!{-records-vs-gersonal-records. While the decision whether a record is an agency or personal record is based on the totality of the circumstances of its creation, maintenance and use, answering these questions should allow you to reach a correct result. If you have any questions, contact your office's FOIA Coordinator. If you remain uncertain whether any record you created is an agency record, please consider it an agency record and send it, along with this completed form, to your office's FOIA Coordinator, who will share it with the FOIA Office.2 Name of Submitter Telephone Number Date 1 1 I I
1. Did you create the record on agency time, using agency D Yes If yes, go to Question 2.
materials, at agency expense? 0 No If no, then it is nQ1 an agency record.
2. Does the record contain information relating to agency D Yes If yes, go to Question 3.
business? 0 No If no, then it is not an agency record.
3. Did the agency (e.g., a directive or a supervisor) require D Yes If yes, then it is an agency record.
you to create the record? 0 No If no, go to Question 4.
4. Did you create the record solely for your own personal D Yes Whether you answered yes or no, convenience (as opposed to being created to facilitate it might be an agency record, agency business)? 0 No so go to Question 5.

5. Did you give/grant access to the record to anyone else D Yes Whether you answered yes or no, it might be an agency record, relating to agency business?
0 No so go to Question 6.
6. Was the record actually used by any NRC employee to D Yes If yes, then it is an agency record.
conduct agency business? 0 No If no, then go to Question 7.
7. Is the record kept in an official age-ncy file, including an D Yes If yes, then it is an agency record.
office shared drive, an office Sharepoint site, or ADAMS? 0 No If no, then it is not an agency record. 1 If you are in possession of a record that you did not create, presume that it is an agency record for FOIA purposes, note to whom it should be referred (e.g., another program office, licensee, or other agency), and provide it to your office's FOIA Coordinator. 2 Keep in mind that, even if the record you created is an agency record, any PII or other personal information which, if disclosed, would be an unwarranted invasion of personal privacy, can be redacted on the basis of the FOIA's privacy exemption(s). NRC FORM 5 10 (0&-2016) Page 1 of 1
Responses as to the Types of Records Arguably Subject to Items 95, 105, 106, 107 and 108 (b)(5)
(b)(5) (b)(5) NRC FORM 4C4 Part I U.S. NUCLEAR REGULATORY COM. .SSION FOIA RESPONSE NUMBER I (0~2017)
.,<J>>*"'*II(,.., $ \ RESPONSE TO FREEDOM OF 20 17-0657 11 2 I \~ j INFORMATION ACT (FOIA) REQUEST RESPONSE 0
INTERIM FINAL
**** t TYPE REQUESTER: DATE:
!Lawrence C r iscione DESCRIPTION OF REQUESTED RECORDS: 11 09/ 12/ 2017 I ( I) All studies reviewed by the O IG , (2) any and all studies done by NRC staff, and (3) any and all studies done by an outside organization reviewed by NRC staff, concerning the security at Lake Jocassee Dam . 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 bt1'1s;//www,or~.go'i[reading-rmlfois1/coatai;t-f2ia..tltml 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 informa*tion 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. 0 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 Commen1s fO< dtlais Fees waived. not be charged fees.
PART 1.8 - INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE We did not locate any agency records responsive to your request. Note: Agencies may treat three discrete categories of law D enforcement and national security records as not subject to the FOIA ("exclusions"). 5 U.S.C. 552(c). This Is a standard notification given to all requesters; it should not be taken to mean that any excluded records do, or do not, exist. 0 We have withheld certain information pursuant to the FOIA exemptions described, and for the reasons stated, in Part II. Because this is an interim response to your request. you may not appeal at this time. We will notify you of your right to appeal any of 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 FOl'A Officer, at U.S. Nuclear Regulatory Commission, Washington, D.C. 20555-0001, or FOIA Resource@nrc gov. Please be [Zj sure to include on your letter or email that 1t 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 httg,i.*l/o.gii; i!rChiv!l~-9QVl i!!2out:;29i~/conti!!.t*infQrmi!1iQn.htm PART I.C COMMENTS ( Use attached Comments contlnuatJon page If required) We are aware that you have submitted numero us requests in the past, as have others, concerning Jocassee Dam and its impact on the Oconee Nuclear Station situated downstream. Many of the responses to these request s are publicly available. Since your request contained no temporal limitations, in an effort to reduce search fees chargeable to y our request, the starting date we used for this search was November 2, 2015 ( the date we received your request that sought access to a six-page ADAMS listing of records relating to Oconee, whic h was given the reference number, FOIA-20 I 6-0071 ) . [continued on next page) Slgnatu,.
Freedom of Information Act Officer or O.Slanee
............__A__, ----~ c----.~ ------*
1Stephanie A. Blaney
~
CH...- ..ua ~ W"41t a.._ _.,. ,J. U t1-0te
........, 0 1 ,.\G IGOOlCID tOO I l* MID1 WJ NRC Fonn 464 Part I (03-2017)
I Add Contlnuallon , . I Page 2 of 3
NRC FOftM 4M Part I U.S. NUCLEAR REGULATOftY COMMISSION FOIA RESPONSE NUMBER I (03-2017) RESPONSE TO FREEDOM OF INFORMATION I 2017-0657 II 2 ACT (FOIA) REQUEST Continued 0
RESPONSE
INTERIM FINAL TYPE REQUESTER: DATE: ILawrence Criscione 11 09/ 12/2017 I PART I.C COMMENTS (Continued) With respect to item ( I), the Office of the Inspector General issued its no-record response to you on August 30, 2017. With respect to item (2), the NRC located no responsive records. With respect to item (3), NRC located only one email string transmitting a Greenpeace report, which is publ icly available at http://www.greenpeace.org/usa/wp-content/uploads/2016/05/nuc lear-near-m isses-a-decade-of-accidents-at-us-nuclear-energy-power-plants-may-20 l 6-3mb.pdf. While it is unclear whether this report is the type of "study" to which your request refers, we have treated it as a responsive record. The email string is enclosed; only the staff member's personal email address has been redacted from the email string . No other records were located. NRC Form 464 Part I (03-2017) Page 3 of 3
NRC FORM 4C4 P1rt U U.S. NUCLEAR REGULATORY COMIISSION FOIA (0$-2017) i ~\ RESPONSE TO FREEDOM OF I 2017-0657#2 I
\ .....?j INFORMATION ACT (FOIA) REQUEST DATE:
I 09/12/2017 I PART II.A-APPLICABLE EXEMPTIONS Records subject to the request are being withheld in their entirety or in part under the FOIA exemptlon(s) as indicated below (5 U.S.C. 552(b)). Exemption 1: The withheld information Is property dassIf1edl pursuant to an Executive Order p<0tecting national security Information. Exemption 2* The withheld information relates solely to the internal personnel rules and pradlces or NRC. Exemption 3: The withheld infonnabon 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, 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 p<0posals, except when incorporated into the contract between the agency and the submitter of the proposal. Exemption 4 : The withheld information ,s a trade secret or confidenbal cornme<aal or financial information that Is being withheld 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 civ~ litigation. Deliberative process privilege. Attorney wor1t product privilege. Attomey-dient privilege. Exemption 6: The withheld information from a personnel, medical, or similar Ille, Is exempted from public disciosure because Its disclosure would result (Z] in a dearty unwarranted invasion of penonat privacy. Exemption 7: The withheld Information consists or records comptled 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. (Cl Disclosure could reasonably be exPected to constitute an unwarranted invasion of pe<sonal privacy. (0) The Information consists of names and other information the disdosure o f ~ could reasonably be expected to reveal identities of confidential sources. (E) Oisdosure would reveal techniques and procedures for law enforcement investigations or prosecutions, or gui<lefines that could reasonably be D exPected to risk arcumvention ot 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 offlcial(s) listed below have made the determination to withhold certain Information responsive to your request AH£UATE OFRQAL DENYIN G OFFICIAL TITLE/O FFICE R ECORDS DENIED roo tCY IStephanie A Rlanc:y 11FOIA Officer 11third pany PU (home email address) I (Z] 11 I II I Appeals must be made In writing within 90 c alendar 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 l:QIAJle~Y.I.Cf.@n~gg~. Please be sure to Inc lude on your letter or email that It is a "FOIA Appeal." NRC Form 464 Part 11 (03-2017) Page 1 of 1
From: Blamev Alan To: !(b)(6)
Subject:
FW: Green Peace review of precursor events Dat e: Friday, May 27, 2016 11:20:25 AM Attachments: nuclear-near-m1sses-a-decade-of-accldents-at-us-nuclear-energy-oower-ola ....odf From: Regan, Christopher Sent: Friday, May 27, 2016 11:06 AM To: R2DCI ; R2DCP; Dudes, Laura ; Evans, Carolyn ; Franke, Mark; Franovich, Mike ; Gody, Tony; Haney, Catherine; Jefferson, Steven; Jones, William; King, Michael ; Lesser, Mark ; Miller, Mark ; Munday, Joel ; Regan, Christopher; Trent, Glenn ; Wert, Leonard; Yerokun, Jimi ; Trent, Glenn; Yerokun, Jimi
Subject:
FYI: Green Peace review of precursor events FYI. An interesting read and perspective.
Regards, Chris
(!tf,,:i1,/1J,., Ill R~n,,, Acting Deputy Director Di vision of Construction Projects US Nuclear Regulatory Commission, Region ll 245 Peachtree Center Ave., NE Atlanta, Georgia 30303 Ph. 404-997-4201 From: Marksberry, Don Sent: Wednesday, May 25, 2016 2:22 PM To: Bernhard, Rudolph <Rudolph Bernhard@nrc gov>; Cah ill, Christopher <Christopher Cabil l@orc gov>; Cook, William <William Cook@nrqov>; Hanna, John <John.Hanna@nrc gov>; Kozak, Laura <Laura Kozak@nrc.gov>; Loveless, David <David Loveiess@nrc gov>; MacDonald, George <George MacDonaid@nrc iov>; Replogle, George <George.Replogle@nrc.gov>: Valos, Nicholas <Nicholas.Vaios@nrc.gov>; Wong, See-Meng <Sf.e.:: Meng Wong@nrc gov>; Deese, Rick <Rick Deese@orc gov>; Arner, Frank <Frank Arner@nrc gov>; Gibbs, Russell <Bussell.Gibbs@nrc gov>; Freeman, Scott <Scott.Freemao@orc.gov>
Subject:
Green Peace review of precursor events For your reading pleasure.
Subject:
USACE-NRC FOIA call Location: Bridge Line or NRC HQ O-7H01 (Taylor office) Start: Thu 11/09/2017 11:00 AM End: Thu 11/09/2017 11:30 AM Show Time As: Tentative Recurrence: (none) Meeting Status: Not yet responded Organizer: Cook, Christopher Required Attendees: Albert, Michelle; Stevens, Margo; Campbell, Andy; Taylor, Robert; John.P.Bianco@usace.army.mil; Jacob.R.Davis@usace.army.mil; Correa, Yessie Optional Attendees: Seda-Sanabria, Yazmin av USARMY CEHQ (US); Paravecchia, David R CIV USARMY CEHQ (US); Ammon, Bernice; DSEACAL Resource Meeting
Purpose:
Discuss FOIN PA 201 8-00003 (attached) & related USACE FOIA (attached) Meeting Outcome: Coordinate response including follow-up actions and schedule. Meeting Agenda:
-~ rb)(5)
Phone Bridge Information: Toll Fre e Number: 888~ 11 Participant passcode: ~ 2018-0003-r.pdf Signed FOIA request to US.\( ... Addt'I Info: Coordinated by C. Cook Yessie (FOIA), Margo (FOIA), Michelle (OGC) confirmed attendance. John B will attend as Jacob Davis on travel. John to invite appropriate USACE-HQ staff.
From: Harvey, Brad Sent: Friday, February 27, 2015 1:12 PM To: Ammon, Bernice Cc: Campbell, Andy; Cook, Christopher; Stevens, Margo
Subject:
RE: (EXTERNAL] RE: FOIA Response Language {UNCLASSIFIED) Bernice: Please let me know if there are any questions. Brad 415-4118 From: Ammon, Bernice Sent: Friday, February 20, 2015 3:01 PM To: Harvey, Brad; Stevens, Margo Cc: campbell, Andy; Cook, Christopher
Subject:
RE: [E>CTERNAL] RE: FOIA Response Language (UNCLASSIFIED) Brad: This will require a look by OGC Let's talk next week. Thanks , Bernice From: Harvey, Brad Sent: Friday, February 20, 2015 2:49 PM To: Stevens, Margo Cc: campbell, Andy; Cook, Christopher; Ammon, Bernice
Subject:
RE: [E>CTERNAL] RE: FOIA Response Language (UNCLASSIAED) Margo: (b)(5)
(b)(5) 2
Your feedback on these questions is welcomed. Please let me know if you have any questions. Brad 301-415-4118
----Original Message----
From: Stevens, Margo Sent: Friday, January 30, 2015 7:50 AM To: 'Reinig, Teresa A NWO'; Harvey, Brad Cc: Campbell, Andy; Cook, Christopher; Wilson, George; 'Pakiz, James M NWO'; 'Burke, Linda F NWO'; 'Kay, Rogerl NWO'
Subject:
RE: [EXTERNAL] RE: FOIA Response Language (UNCLASSIFIED) Here is a copy of the Form 464 initial determination for your records. Roger signed it this morning. Thanks for all of your support. Enjoy your weekend. Margo L. Stevens FOIA Analyst/Team Leader (Contractor) U.S. Nuclear Regulatory Commission 11545 Rockville Pike, Mail Stop T-2F7 Rockville, Maryland 20855 T: (301) 415-6064

Original Message---

From: Stevens, Margo Sent: Friday, January 30, 2015 7:07 AM To: 'Reinig, Teresa A NWO'; Harvey, Brad Cc: Campbell, Andy; Cook, Christopher; Wilson, George; 'Pakiz, James M NWO'; 'Burke, Linda F NWO'; 'Kay, Roger L NWO'
Subject:
RE: [EXTERNAL] RE: FOIA Response Language (UNCLASSIFIED) Perfect. We will get this out today (and I'll email you a copy of it for your records). Margo L. Stevens FOIA Analyst/Team Leader (Contractor) U.S. Nuclear Regulatory Commission 11545 Rockville Pike, Mail Stop T-2F7 Rockville, Maryland 20855 T: (301) 415-6064

Original Message---

From: Reinig, Teresa A NWO [15] Sent: Friday, January 30, 2015 7:05 AM To: Stevens, Margo; Harvey, Brad 3
Cc: Campbell, Andy; Cook, Christopher; Wilson, George; Pakiz, James M NWO; Burke, Linda F NWO; Kay, RogerLNWO Sub'ect: Re: EXTERNAL RE: FOIA Response language (UNCLASSIFIED) (b)(5) COL Joel R Cross, District Commander, Omaha District, USACE. Regards, Teresa Reinig, PMP, LG, LEG IIS Program Manager, Omaha District Special Projects Branch 402-995-2721 Desk l(b)(6) 1ce11
---- Original Message - -
From: Stevens, Margo [mailto:Margo.Stevens@nrc.gov) Sent: Friday, January 30, 2015 05:29 AM To: Reinig, Teresa A NWO; Harvey, Brad <Brad.Harvey@nrc.gov> Cc: Campbell, Andy <Andy.Campbell@nrc.gov>; Cook, Christopher <Christopher.Cook@nrc.gov>; Wilson, George <George.Wilson@nrc.gov>; Pakiz, James M NWO; Burke, Linda F NWO; Kay, Roger L NWO
Subject:
[EXTERNAL) RE: FOIA Response Language (UNCLASSIFIED) (b)(5) Margo L. Stevens FOIA Analyst/Team Leader (Contractor) U.S. Nuclear Regulatory Commission 11545 Rockville Pike, Mail Stop T-2F7 Rockville, Maryland 20855 T: (301) 415-6064 --- -Original Message--- From: Reinig, Teresa A NWO [16] Sent: Thursday, January 29, 2015 2:36 PM To: Stevens, Margo; Harvey, Brad Cc: Campbell, Andy; Cook, Christopher; Wilson, George; Pakiz, James M NWO; Burke, Linda F NWO; Kay, Roger L NWO; Reinig, Teresa A NWO
Subject:
FOIA Response Language (UNCLASSIFIED) Importance: High Classification: UNCLASSIFIED Caveats: FOUO//SENSITIVE
Margo, Brad, (b)(5) Linda F. Burke Supervisory Paralegal Specialist Phone: 402/995-2603 email: linda.f.burke@usace.army.mil If we can be of further assistance, please given me a call at 402-995-2721 Teresa Reinig, PMP, LG, LEG 11S Program Manager, Special Projects Branch USACE, Northwestern Division, Omaha District 1616 Capitol Avenue, CENWO-PM-S Omaha, NE 68102 Desk: 402-995-2721 Cell: !(b)(6) I Email: Teresa.A.Reinig@usace.army.mil 5
Classification: UNCLASSIFIED Caveats: FOUO//SENSITIVE 6
From: Stevens, Margo Sent: Friday, January 30, 2015 7:50 AM To: 'Reinig, Teresa A NWO'; Harvey, Brad Cc: Campbell, Andy; Cook, Christopher; Wilson, George; 'Pakiz, James M NWO'; 'Burke, Linda F NWO'; 'Kay, Roger L NWO' The attached response is publicly
Subject:
RE: [EXTERNAL] RE: FOIA Response Language (UNCLASSIFIED) available in ADAMS as Attachments: NRC 464 Part I_FOIA-2015-0074.pdf ML15034A093. Here is a copy of the Form 464 Initial determination for your records. Roger signed it this morning. Thanks for all of your support. Enjoy your weekend. Margo L. Stevens FOIA Analyst/feam Leader (Contractor) U.S. Nuclear Regulatory Commission 11545 Rockville Pike, Mail Stop T-2F7 Rockville, Maryland 20855 T: (301) 415-6064

Original Message--

From: Stevens, Margo Sent: Friday, January 30, 2015 7:07 AM To: 'Rei1nig, Teresa A NWO'; Harvey, Brad Cc: Campbell, Andy; Cook, Christopher; Wilson, George; 'Pakiz, James M NWO'; 'Burke, Linda F NWO'; 'Kay, Roger L NWO'
Subject:
RE: [EXTERNAL] RE: FOIA Response language (UNCLASSIFIED) Perfect. We will get this out today (and I'll email yo'U a copy of it for your records). Margo L. Stevens FOIA AnalysVTeam Leader (Contractor) U.S. Nuclear Regulatory Commission 11545 Rockville Pike, Mall Stop T-2F7 Rockville, Maryland 20855 T: (301) 415-6064

Original Message---

From: Reinig, Teresa A NWO [17] Sent: Friday, January 30, 2015 7:05 AM To: Stevens, Margo; Harvey, Brad Cc: Campbell, Andy; Cook, Christopher; Wilson, George; Pakiz, James M NWO; Burke, Linda F NWO; Kay, Roger L NWO
Subject:
Re: [EXTERNAL) RE: FOIA Response Language (UNCLASSIFIED)
COL Joel R Cross, District Commander, Omaha District, USACE. Regards, Teresa Reinig, PMP, LG, LEG 11S Program Manager, Omaha District Special Projects Branch 402-995-2721 Desk l(b)(6) ICell
----- Ori,ginal Message - ---
From: Stevens, Margo [18] Sent: Friday, January 30, 2015 05:29 AM To: Reinig, Teresa A NWO; Harvey, Brad <Brad.Harvey@nrc.gov> Cc: Campbell, Andy <Andy.Campbell@nrc.gov>; Cook, Christopher <Christopher.Cook@nrc.gov>; Wilson, George <George.Wilson@nrc.gov>; Pakiz, James M NWO; Burke, Linda F NWO; Kay, Roger L NWO
Subject:
[EXTERNAL] RE: FOIA Response Language (UNCLASSIFIED) (b)(5) Margo L. Stevens FOIA Analyst/Team Leader (Contractor) U.S. Nuclear Regulatory Commission 11545 Rockville Pike, Mail Stop T-2F7 Rockville, Maryland 20855 T: (301) 415-6064
-----Original Message---
From: Reinig, Teresa A NWO [19] Sent: Thursday, January 29, 2015 2:36 PM To: Stevens, Margo; Harvey, Brad Cc: Campbell, Andy; Cook, Christopher; Wilson, George; Pakiz, James M NWO; Burke, Linda F NWO; Kay, Roger L NWO; Reinig, Teresa A NWO
Subject:
FOIA Response Language (UNCLASSIFIED) Importance: High Classification: UNCLASSIFIED Caveats: FOUO//SENSITIVE Margo, Brad, 2
(b)(5) Linda F. Burke Supervisory Paralegal Specialist Phone: 402/995-2603 email: linda.f.burke@usace.army.mil If we can be of further assistance, please given me a call at 402-995-2721 Teresa Reinig , PMP, LG, LEG 11S Program Manager, Special Projects Branch USACE, Northwestern Division, Omaha District 1616 Capitol Avenue, CENWO-PM-S Omaha, NE 68102 Desk: 402-995-2721 Cell: !(b)(6) I Email: Teresa.A.Reinig@usace.army.mil 3
Classification: UNCLASSIFIED Caveats: FOUO//SENSITIVE 4
From: Stevens, Margo Sent: Tuesday, January 27, 2015 10:25 AM To: Karwoski, Kenneth; Wilson, George Cc: Kuntz, Robert
Subject:
RE: FOWPA-2015-00074
'l\ft11'r]tl [. \/('Vt'n., /0!.4 ~110('./ .1 I ' il'Ll/11 Leocfe; (< ,11 /nu/01)
II., ..". , , t:*,n *Re_.711/a/01 \/tom, 1-:\111 1 11:;,.. l-'.(1,*/..:v1/i1* J1d:.1*, f\t,1i(,/1111 T*:.tJ7 Rut/... ,*1/11*. /\Jaryl11nd .to8::;s r- U , 1 :;-iwi, , From: Karwoski, Kenneth Sent: Monday, January 26, 2015 3:28 PM To: Stevens, Margo; Wilson, George Cc: Kuntz, Robert
Subject:
RE: FOIA/PA-2015-00074
Margo, Let me know if you would like to discuss further Ken From: Stevens, Margo Sent: Monday, January 26, 2015 10:59 AM To: Wilson, George; Karwoski, Kenneth
Subject:
FW: FOIA/PA-2015-00074 Good morning gentlemen. As you can see from the email directly below, NRO provided me with your names as the persons in NRR most familiar with the report that is the subject of the above-referenced FOIA request. Although the member of my contract team who preceded me in handling this request had tasked NRR along with NRO originally, I do not know whether rt reached you.
(b)(5) .'M ar[}') L Stewm 101:1 * ,1,~tv.~tl'JeumLeuder(C<mtrutlorl t /. 'i. . Niu fi1 £II Rt1JfU(Ul111 If ( on,r,11,,1<111 11:v: - 'J'o1 J.:1*1(/(, '111k.e, :Mt11f '>lop 'J'.2 F;- 1{ 1 d. i I te, : ~tt11 \J ncf 2uS5:; T* ( {(I J /15 (lO(l.:J From: NRO_FOIA Resource Sent: Wednesday, January 14, 2015 1:14 PM T-,: Stephens, Judge Cc: Stevens, Margo; NRO_FOIA Resource SUbject: FW: FOIA/PA-2015-00074 Importance : High Good Afternoon, I was just advised to have this request (FOIA/PA-2015-00074) assigned t o NRR, specifically George Wi lson a nd Ken Karwoski apparently they are the owners of this report.
Thanks, Yessie Correa NRO FOIA Coord.
X6522 From: Crane, Samantha Sent: Wednesday, January 14, 2015 12:47 PM To: NRO_FOIA Resource SUbject: RE: FOIA/PA-2015-00074 George Wilson and Ken Karwoski. Probably also JLD Samantha Crane Technical Assistant Division of Site Safety & Environmental Analysis Office of New Reactors US Nuclear Regulatory Commission Office: 301-41 5-6380 Semantha.Crane@nrc.gov From: NRO_FOIA Resource Sent: Wednesday, January 14, 2015 12:42 PM 2
To: Crane, Samantha
Subject:
RE: FOIA/PA-2015-00074
Samantha, What was the name of the person in NRR that should be assigned with this FOIA? You mentioned Wi lson somebody

Thanks, Yessie 3
From: Stevens, Margo Sent: Friday, January 23, 2015 11:11 AM To: Andoh, Roger; Pearson, Laura
Subject:
RE: FOIA-2015-0074 (b)(5) According to NRO, George Wilson and Ken Karwoski in NRR are the document's "owner* here in NRC. I have not had any communications with either of them .
. Mcl t j~O _: .\/r\'<'IH
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From: Andoh, Roger Sent: Friday, January 23, 2015 11:08 AM To: Stevens, Margo; Pearson, Laura Subject.: RE: FOIA-2015-0074
Margo, Roger From: Stevens, Margo Sent: Friday, January 23, 2015 10:42 AM To: Pearson, Laura; Andoh, Roger
Subject:
FOIA-2015-0074 Laura and Roger, I just spoke with Teresa Reinig (Program Manager, Omaha District, Special Projects Branch) and Roger Kay (technical lead}. (b)(5) 1
(b)(5) Sound like a plan? .Ma1,1a£ Steven, J, >nt .)l11ul11,t/'Tt ,w, Ll'ader (Contra, tor)
u ,*. c N1111,,,11 '1<1'11111,,101 I/ omn11"*1cm 1,;-4::: 'J{ot /.. 111l;* 1'tki!, *Ma1( .~top I-.!{,
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Subject:
second USACE-NRC FOIA call Location: Bridge Line or NRC HQ O-7H01 (Taylor office) Start: Thu 11/30/2017 11:00 AM End: Thu 11/30/2017 11:30 AM Recurrence: (none) Meeting Status: Accepted Organizer: ( Cook, Christopher , Required Attendees: ( Stevens, Marae;.Correa. Vess[e.: Ta~bert; Albert. Michelle; Ammon. Bernice; (Bartlett. Michelle J ml_ USARMY CEHEC (US); Jacob.R.Davis@usace.army.mil; John.P.Bianco@usace-.army.mil; Seda-Sanabria, Yazmin CIV USARMY CEHQ (US); Optional Attendees: J~,..<< j\Ot Paravecchia, David R CN USARMY CEHQ (USQimes.M.Pakiz@usace.army.mil 'l t-, Campbell, Andy; DSEACAL Resource; Harvey, Brad r We agreed to next meet the week of Nov 27. Please let me know if this time is OK for USACE staff, it was the best (open) based on the NRC staff calendars. Happy Thanksgiving, Chris Meeting
Purpose:
2nd meeting to discuss FOINPA .2018-00003 (attached) & related USACE FOIA (also attached) Meeting Outcome: Agency response coordination DRAFT Meeting Agenda:
* (b)(5)
Phone Bridge Information: Toll Free Number: 888-566-6149 Participant passcode: l(b)(6) I Attachments:
'LJ 2018-0003-r.pdf 1 NRC FOIA=
'tJ Signed FOIA request to USAC...
2. USACE FOIA=
Coord: C. Cook Brid
en from 10:30 to noon Press *o operator assistance Press *6 mute/unmute individual line 2
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UNITED STATES NUCLEAR REGULATORY COMMISSION REGIONN 1600 E. LAMAR BLVD. ARLINGTON, TX 78011 -451 1 October 30, 2017 MEMORANDUM TO: Margo Stephens, FOIA/PA Specialist FOIA Privacy Information Branch FROM: James Franklin, FOIA Coordinator Region IV
SUBJECT:
FOIA/PA 2017-0003 _ No records subject to the request. _ Records already publicly available. (Group ) _ Records being released In their entirety. (Group ) _ Records to have availability changed from non-public to public. (Group ) _ Records being withheld In part. (Group )* _ Records being withheld in their entirety. (Group (Est. pages))* _ Records to be referred to other offices/agencies/companies. (Group ( pages)) _ Copyright material. (Group (Est pages )) _ Ongoing Investigation - 7A Certification attached. (Est. pages_J _ Attached is NRC Form 496, "Report of Staff Resources for Processing FOIA Requests." Place released records in PDR. _ Do not place released records in POR. _ This Is a partial response to this request. .L This is the final response to this request. _*Foreseeable harm statement attached for Exemptions 2 and 5.
(b)(5) OTHER COMMENTS: Attachment(s): As stated S:\DRMA\AMBIFOIA\FOIA Letter Tern lets\New Tern KEYWORD: MD 3.4 Non-Public A
. . Coord .. R 1ona1 .Co~inul Karla Fuller T=Telephone E=E-mail F=F,ax
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personal record personal record
FOIA REFERRAL & PACKAGE ROUTING SLIP Date: 11sI2017 F0IA- 2016-0731 Response#_A_*_ __
~~*1 vBof Action Item*~~
F0IA Referral F0IA Response Package for Concurrence [Z] F0IA Response Package for Signature How to be Delivered: [Z]walk Around OFax Email To Who111 Delivered* ~~~ B~o~ram Office FOIA Coordinator: Other Instructions: This response addresses the records relating to several OIG allegations/investigation, previously processed, but for which changes in disclosure treatment (noted by yellow flags in bracketed set) are proposed. 1-'0IA Caseworker & Phone #: Margo Stevens, 415-8148 Rev. 12/14
(b)(5) FOIA REFERRAL & PACKAGE ROUTING SLIP Date: 11s12011 F0IA- 2016-0731 Response #_-'
~~=----- ,Bol lion Ile, t~~
F0IA Referral 1 F0IA Response Package for Concurrence [Z) F0IA Response Package for Signature How to ht' IJ(*lh,l'rNI* [{]walk Around OFax OEmail ~fi'om Oelive,B~~ram Office FOIA Coordinator:_ _ _ _ _ _ _ _ _ __ Other I nstructions* This response addresses the records relating to A14-07534 and C15-006 (item 17 of this request). In FOIA-20~1:.:::: 5~-0~ - . the records then in existence were withheld in full FOIA Caseworker & Phon e#: Margo Stevens, 415-8148 Rev. 12/14
FOi/\ REFERRAL & PACKAGE ROUTING SLIP Date: t;)/30)/1.,,, FOIA- 2016-0731 Response #_.2.___ __ I\Bl' 1f ,\llio11 tun FOIA Referral FOIA Response Package for Concurrence [l] FOIA Response Package for Signature JIO\\ to h(.' Dt*ltvt*red: (Z]walk Around OFax Bit"' Delive,B;~ram Office FOIA Coordinator:_ _ _ _ _ _ _ _ _ __ Other Instructions* This response addresses records that were the subject of prior OIG FOIA responses for which no changes are being proposed. The subjecVindividual named in these records has provided a privacy waiver. FOIA Cast: worker & Phone #: Margo Stevens, 415-8148 Rev. 12/14
(b)(5) personal record FOJA REFERRAL & PACKAGE ROUTING SLIP Date: 513112011 F0IA- 2016-0731 Response # 14 ryB1 Action Item: F0IA Referral F0IA Response Package for Concurrence [Z] F0IA Response Package for Signature How to be Delivered: [l)walk Around OFax OEmail ~itmDeliverB~~ram Office F0IA Coordinator: Other Instructions: This response addresses two more items from Hixson's request, as well as supplements interim response #2 with t to a third item. I (b)(5) FOIA Caseworker & Phone#* Margo Stevens, 415-8148 Rev. 12/14
All records from A13-07209 and C13-027 (comprising approximately 12 inches, or 2700 pages), which are responsive to item 12 of Hixson's request, continue to be withheld in their entirety on the basis of FO IA exemption 7A as the project remains open. These records were previously withheld in FOIA-2014-0336 and 2015-0258. A 7A certification follows.
NRCFORM656 U.S. NUCLEAR REGULA TORY COMMISSION REQUEST NUMBER 14*:'000J FOIA 2016 - 00731 EXEMPTION 7(A) CERTIFICATION Upon review of the records subject to the Freedom of Information Act (FOIA) Request Number listed above, the documents listed below, or the indicated portions thereof, should be released in response to this request. The undersigned hereby certifies that, with respect to the remaining documents in the file, disclosure of each document, or any portion thereof, could reasonably be expected to interfere with enforcement proceedings. Therefore, the remaining documents should be withheld from public disclosure pursuant to Exemption ?(A) of the FOIA. VOLUME OF RECORDS IN FILE I~ j ".'.lC~ (_ DI e, Io - dl-,7) Pages/Inches NAME,* I I LE/OFFICE DATE: (h\fn\ I (b)(6) Office ot 1he l nspcc1or General lnve!>tigations MANAGEMENT APPROVAL \ I NAME/Tllll.E/OFFICE SIGNATURE OATc Jo~eph A. McMillan A!>sisumt lnspcc1orGencral for ~ Investigation~ Office of the Inspector General ~ .:..::::::::::> RELEASABLE DOCUMENTS I I
Four pages of records from A14-07527, which are responsive to item 16 of Hixson's request, were previously withheld in their entirety on the basis of FOIA exemption 7A in FOIA-2015-0305, may now be processed.
U.S. NUCLEAR REGULATORY COMMISSION FOIA NUMBER REFERRAL RELATED TO FOIA REQUEST NRC-2016-000731 [ZJ INITIAL REQUEST APPEAL OFFICE TO: FOIA COORDINATOR- Lena Boyd 01
*tft<Mti cl-. Jfl---
TELEPHONE NUMBER FROM: FOIA SPECIALIST- Margo Stevens (contractor) ,. (301) 415-8148 Provide your office's concurrence/nonconcurrence in the originating Complete NRC Form 496, "Report of Staff Resources for Processing D office's dlsclosll"e recommendation for each record. D FOIA Requests." 0 Provide a disclosure determination/recommendation for each record, which was Identified by another office as a record for which your office Is responsible, and that Is subject to this request. Provide a disclosure deterrnlnatlon/recommendaUon for each record _____. 0 The Initial denial or records (FOIA Number) has been appealed. Coples of the lnJtlal request. denial, and appeal are attached. Have your office conduct another review of each record and provide either a new disclosure delermination/recommendatlon or reaffirm the Initial D that was referred to the NRC for review by another agency. disclosure determlnaUon/recommendatlon. ( Records that you provided this office in response to this FOIA request 0 are being returned to you for further review/clarification for reasons noted in tihe COMMENTS section below. O Other required action as noted in the COMMENTS section below. COMMENTS This is the request filed by Lucas Hixson, formerly FOIA/PA-2016-0731, for the records~c~ om ~ i::.:: le:.:: d~b~:..:.:::....¥1.':1~......,_, from th xelon decommissionin enforcement matter . (b)(5) For reference purposes, I've attached a copy of the incoming request. These records are responsive to item 15 of this request. (Please note that these records are also responsive to two subsequently filed requests by the Government Accountability Project and the Union of Concerned Scientists.) (b)(5) Page 1 of 1
Note for OIG Reviewers: (b)(5)
(b)(5) Date FOIA Analyst & Team Lead (contractor}
FOJA REFERRAL & PACKAGE ROUTING SLIP Date: 512112011 FOIA- 2016-0731 Response#_1....,5.___ _
~~' *t'~~
~~B FOIA Referral FOIA Response Package for Concurrence~~
~~[Z] FOIA Response Package for Signature How ti be Delivered. [Z}walk Around 0Fax OEmail~~
~~rm OeliverB:o~ram Office FOIA Coordinator:_ _ _ _ _ _ _ _ __ )the, nstruct10ns*
This next interim response to Mr. Hixson's request addresses the A13-07105/C13-002 records now that the project is closed. Due to its size, the bracketed set is on a CD (green folder). l(b)(6) Ireviewed the first 150 pages; based on her comments, I completed my review/redactions, and have noted on pages where I had particul~r questions c.f1\,t~;:;,*>>~{s(~hone !_ MJr~ens,'4'15-8148 Rev. 12/14
FOIA REFERRAL & PACKAGE ROUTING SLIP Date: 4/13/2017 F0IA- 2016-0731 Tyr r Action Item: F0IA Referral Response #_1~3~ - - F0IA Response Package for Concurrence [l] F0IA Response Package for Signature How to be Delivered: ll)walk Around OFax Email ~itm De!lverB:~ram Office FOIA Coordinator:_ _ _ _ _ _ _ _ __ Other Instructions: This is another interim in Lucas Hixson's request (part of the "Criscione-related requests"). This response addresses two more items; the records responsive to item 1 have been processed before (as noted on the Form 464); some changes to prior treatment can be seen on bracketed set of records. FOIA Caseworker & Phone #: Margo Stevens, 415-8148 Rev 12/14
FOJA REFERRAL & PACKAGE ROUTING SLIP Date: :..Ji): 1., ..JC,/1 FOIA-2016-0731 Response#_1...,,2,.___ _
~~'y~ of Action Item .~~
FOIA Referral FOIA Response Package for Concurrence D FOIA Response Package for Signature ow to be Deliver ed: (Z]walk Around 0Fax To Whom Delive c *: a~~ B:~ram Office FOIA Coordinator:_ _ _ _ _ _ _ _ __
~~a. Instructions.~~
Please refer to Background Section for directions to locate the records being addressed in this interim response in FOIAXpress. Lisa Clark has handled most of the concurrence reviews for this (and related) requests. OJA Caseworker & Pho1 e #* Margo Stevens, 415-8148 Rev 12/14
I Note to Reviewers FOIA-2016-0731#12 This interim response addresses three of the records enumerated in Mr. Hixson's request, all of which were records added by Larry Cnsc,one to ADAMS (and since removed): Item 47: ML16216A707 Item 48: ML16216A712 Item 62: ML16244A008 (b)(5)
FOJA REFERRAL & PACKAGE ROUTING SLIP Date: 312112011 FOIA- 2016-0731 Response#_1~1~-- Y~ l t. ctio11 li e : FOIA Referral FOIA Response Package for Concurrence D FOIA Response Package for Signature ow to he Delivered: (i]Nalk Around 0Fax OEmail To Whom Dcl"\'crcll* a~~ B~~ram Office FOIA Coordinator:_ _ _ _ _ _ _ _ __ 0 l her Instructions: The records are in the 2016 drawer of FOIAXpress, under the folder "FOIA-2016-0731 (MLS)". Be sure to upload Margo's layer. The records are included in the first section (Past FOIAs for Program Office Records). Lisa Clark gave OGC's views on these records & reviewed prior interim responses. OJA Caseworker & Phone #: Margo Stevens, 415-8148 Rev. 12/14
(b)(5) Re: FOIAIPA-2013-G262 RECORDS BEING WITHHELD IN THEIR ENTIRETY DESCRIPTION/ (PAGE CQUNT)IEXEMPTIQNS
1. Undated Working drafts of a memorandum drafted by S. Vrahoretls (17 pages) EX. 5 Attomey-Cllent Prfvllege/Attorney-Work Product

2. 10/26/12 Memorandum from S. Vrahoretls. OCM/AMM to K. Remsburg, SECY.
~~Subject:~~
~~FOIA 2013-0008 (7 pages) EX. 5 Oeflberattve Proc*t/Predeciaionel~~
3. 02/01/13 Memorandum from K. Remsburg, SECY to S. Vrahoretis, OCM/AMM, Subject REFERRAL (1 page) EX. 5 Attorney-Client PrtvllegelDeHbel'ltive Proceu

4. 03/01/13 Memorandum from S. Vrahoretis, OCM/AMM to Chm, Macfartane (11 pages) EX. 5 Attorney-Client Privtlege/Attomey-Wortt Product

6. 03/01/13 Worldng draft of a memorandum S. Vrahoretis, OCMIAMM to Chrm Macfar1ane (11 pages) EX. 5 Attomay-Cllent Privllege/Attomey-WC>ftl Product

6. 03121/13 Memorandum from S. Vrahoretls, OCM/AMM to Chrm Macfarlane (9 pages) EX. 5 Attorney-Client Prlvllege/Attorney-Work Product

7. 03/21/13 Wor1<ing draft of a memorandum S. Vrahoretis, OCM/AMM to Chrm Macfarlane (9 pages) EX. 5 Attorney-Client Privitege/Attomey-WOfk Product

8. 03/26/13 E-mail between S. Vrahoretls, A. Macfar1ane and P. Niedzielski*
~~Eichner (2 pages) EX. 5 Attorney-Client Privllege/Attorney-Wortt Product~~
9. 06/03/13 Working draft of a memorandum S. Vrahoretis, OCM/AMM to K. Remsburg, SECY (9 pages) EX. 5 Attorney-Client PrMlege/Attomey-Wor1' Product

10. 06/03113 E-mail from S. Vrahoretls, OCM/AMM to Pat Hirsch, OGC, et al.,
~~Subject:~~
~~draft of Chairman's Response to FOIA 2013-0008 (2 pages) EX. 5 Attomey-CNent PrlvHege/Attomey-Work Product 11 . 06/06/13 E-mail from S. Vrahorelis, OCMJAMM to Pat Hirsch, OGC, et al..~~
~~Subject:~~
draft of Chairman's Response to FOIA 2013-0008 (10 pages) EX. 5 Attorney-Client Privilege/Attorney-Work Product
Stephanie: You can find these three records in FOIAXpress in the following locations: /ML16204A001: 2016 Drawer; "FOIA-2016-0731(MLS)" Folder; Margo's layer;"Same Docs as 2017-0005" Section, pages 1-3. 1/~L16236A018: 2016 Drawer; "FOIA-2016-0731(MLS)" Folder; Margo's layer; "Same Docs as 2017-0002" Section, pages 11-69. JL16237A006: 2016 Drawer:"FOIA-2016-0721 (KD&MLS) Folder; Margo's layer; Program Office Docs 2016-0721&-0731 Section, all pages.
FOJA REFERRAL & PACKAGE ROUTING SLIP Date: c-:9-'/4 I It 7 FOIA- d-0 I (o .. o 7 3 / Response#_ _ __ Type of Action Item: D FOIA Referral D FOIA Response Package for Concurrence D FOIA Response Package for Signature H9w to be Delivered: tfWalk Around D Fax D Fed Ex D Email To Whom Delivered: D OE fJ"OGC D OIG D Program Office FOIA Coordinator: {!lft1+/t..~ V *u,,&o.,., Oth~r Instructions: PlRr+-JJ 4-4Uw fm 11~i ub .;.- Uh-t ~
~~FOIA Caseworker & Phone#:~~
/I ~'7'::> 5fc ~s 301-<./tS--f'tYV Rev. 12/14
FOIA REFERRAL & PACKAGE ROUTING SLIP Date: 212112011 FOIA- 2016-0731 Tyr r Action Item, FOIA Referral Response # 8 or 9* FOIA Response Package for Concurrence (l] FOIA Response Package for Signature How to be Delivered: [i}'valk Around 0Fax ~ ~{°m DeliverB;~ram Office FOIA Coordinator:_ _ _ _ _ _ _ _ __ Other Instructions: This interim response addresses the same two records as FOIA-2016-0731#5, which you signed on 02/08/17. A copy of that response is in the BACKGROUND SECTION. *This will be either interim response #8 or 9, depending on the timing of your signature, and another interim that is pending with OGC. FOIA Caseworker & Phone#: Margo Stevens, 4 15-8148 Rev. 12/14
FOIA REFERRAL & PACKAGE ROUTING SLIP Date: 112312017 F0IA- 2016-0731 Response #_6~ - - - f y~ of Action lle m: F0IA Referral F0IA Response Package for Concurrence D F0IA Response Package for Signature How to be Delivered: (l]walk Around OFax Email To Whom Delivered: a~~ B~~ram Office F0IA Coordinator:- - - - - - - - - - - ther Instructions: This is one of the 12 requests that FPIB has been coordinating with Lisa Clark. This is the first interim response for which OGC concurrence is required , due to exemptions being claimed. FOIA Caseworker & Phone#: Margo Stevens, 415-8148 Rev. 12/14
FOIA-2016-0731 Interim #6 The following ten (10) documents are addressed in this response:
1. ML13149A079 (b)(5)

2. ML13218A150

3. ML14090A406

4. ML16216A702

5. ML16216A704

6. ML16216A706

7. ML16216A709

8. ML16216A711

9. ML12616A713

10. ML16236A230
From: Janney, Margie Sent: Thursday, October 19, 2017 4:49 PM To: Stevens, Margo
~~Subject:~~
RE: FOWPA-2018-00003 Action Item/Instructions Search for Records in Perfected Request Attachments: FOIA Margo, I know of no responsive records to 107. Responsive records to 108 attached Can you th ink of anything I'm missing?
-Margie Margie Janney. CRM/NS Agency Records Officer Chief, Information Management Services Branch Office of the Chief Information Officer U S Nuclear Regulatory Commission 301-415-7245 marale 1annevAnrc.aov From: Stevens, Margo [20]
~~Sent: Wednesday, October 18, 2017 10:05 AM To: Janney, Margie <Margie.Janney@nrc.gov> Cc: Stevens, Margo <Margo.Stevens@nrc.gov>~~
~~Subject:~~
FOIA/PA-2018-00003 Action Item/Instructions Search for Records in Perfected Request Office~ As~igned Action on October 18, 2017: Othcr(\far~idnn[!ll.i~m ); The requester has either agreed to pay the estima1ed fees, or has provided an advance payment. or there are no billable fees. The n:ques1 is now considered "perfected." Please provide the Government lnforma1ion Specialist. who is nomcd below, with the responsive records on or before October 31, 2017, which is ten ( 10) working days from the date of this e-mail. The Governrnenl Information Spccialisl for lhis requesl is Margo ttvens, who can be reached at 301-415-8148 or \1ar o.<i1c,cn, dnrc.11<w. (b)(5) If !here arc no responsive recQrdS, please respond with "No records." If you believe Bil) other office, not copied on this e-muil, may have responsive records. please lei the assigned specialist know. The l'OIA request should be processed in accordance with the standard instructions (How to Respond to a rOIA Request) at ML16123i\ 164. NRC Form 511, "Program Office Response to a fOI/\ Request" is available in the NRC Forms Library for your use.
In order to document I.he search conducted. in the event ofan appeal challenging the adequacy of the ~carch. pl= also ba\c each member of your statT,,ho conducts a search complete NRC Fonn S 11 A, "Documentation of a FOIA Search,* which is also available in the NRC Forms Library for your use. Please n.:view these fom1s 10 ensure that an adequate, and consistent. search has been perfonncd "'ilhin your office. Then include copici of the completed NRC Forms S 11 A along with lhc NRC Fonn S 11 you return to the assigned specialist Altcmati\1:ly, you may cornplcle the NRC Form SI IA on behalf of your ollice, hnscd upon the descriptions of scan:hes provided to you by }our office staff You ore encour11gcd to ~k for ~sistancc in performing 1d<!quale ADAMS searches if )OU ha,e any difficulty doing a search. NRC form 496, "Report of Sruff Resources for Proocssine FOIA RequeslS" is also o,ailable in the NRC Forms Library for your use. Thank you. 2
From: Gagnon, Ronald Sent: Friday, October 20, 2017 6:37 AM To: Stevens, Margo Cc: Janney, Margie
~~Subject:~~
RE: FOIA/PA-2018-00003 Action Item/Instructions Search for Records in Perfected Request Attachments: FOIA Good morning Margo, (b)(5) Thank you, Ron Ronald F. Gagnon SUNSI / CUI Program Manager Office of the Chief Information Officer IM Policy Branch United States Nuclear Regulatory Commission One White Flint North 11545 Rockville Pike, Mall Stop O-6Hll Rockville, MD 20852 Office: 301-415-6873 From: Stevens, Margo Sent: Friday, October 20, 2017 6:23 AM To: Gagnon, Ronald <Ronald.Gagnon@nrc.gov>
~~Subject:~~
FW: FOIA/PA-2018-00003 Action Item/Instructions Search for Records in Perfected Request Importance: High Good morning Ron. As Margie is out today, I thought I would reach out to you directly. I have two identical requests for many records related to Larry Criscione's whistleblower action, which the Office of Special Counsel has now concluded. Two of the 111 enumerated items requested are as follows:
(b)(5) My tasking to Margie was a few days back, so the 10-day deadline is nearing, so I'm hoping you can conduct your search quickly (the exact due date is next Tuesday - Halloween!) Thanks. a I , ,, , 11tu1tl ,u) I, 1tif1*1 m 11 ,1111 , , , 11 (" 111 ,wdi '( fv ' IC1H R, ,111(,1I I I , ' k,1 1 J,J.w, -ht! J .t./7 'I' h I. V '/II, I I I a *r t,
~~I From : Stevens, Margo Sent: Wednesday, October 18, 201710:44 AM To: Janney, Margie <Margie.Janney@nrc.gov>~~
~~Subject:~~
RE: FOIA/PA-2018-00003 Action Item/Instructions Search for Records in Perfected Request (b)(5) 2
(b)(5)
~~\ I ' , t'(H "II '!(' I (_"W 'I lil-t, From: Janney, Margie Sent: Wednesday, October 18, 2017 10:34 AM To: Stevens, M argo <Ma'1lQ_.Steven1@.rlrc~>~~
~~Cc: Stevens, Margo <Margo.Steven~n rc,1ov>~~
~~Subject:~~
~~RE: FOIA/PA-2018-00003 Action Item/Instructions Search for Records in Perfected Request~~
~~Margo, Thanks'~~
-Margie Margie Jenney, CRMINS Agency Records Officer Chief, Information Management Services Branch Office of the Chief Information Officer U S. Nuclear Regulatory Comm1ss1on 301-415-7245 margie janney@nrc goy From: St evens, Margo [mailto:margo.stevens nrc. ov Sent: Wednesday, October 18, 2017 10:05 AM To: Janney, Margie <Marjje.Jannel@nrC.:£..OV> Cc: Stevens, Margo <Mar1o .Stevens@nrc,.gov>
~~Subject:~~
FOIA/PA-2018-00003 Action Item/Instructions Search for Records In Perfected Request Offices A1si ned Aclion n c btr 18 2017: Olhcr(Mar i.*..1:urn~, 'ti'nrc.**1>, ); The requester has either agreed to pay the estimated fees, or has provided an advance paymenL or there arc no billable fees. The n:qucst Is now considered "perfected." Please provide the Government lnfonnat.ion Specialist, who is named below, with the responsive records on or before October 31, 2017, which is ten (I 0) working days from the date of this e-lllllil. 3
~~1he Govemrncnt Information Specialist for this request is M ruo Stevens, who can be ~ed at 301-415-,8148 or l\lnri:o \t.:, .:11,*11 nrc.~*11.~~
(b)(5) If there an.: no responsive records, please respond with "No n:oords." If you believe any other office, not copied on this e-mail, may have responsive records. please let lhe assigned specialist know. l'hc 1-'0IA request should be processed in accordance with the standard instructions (How to Respond to a rQIA Request) at MLl6123/\164. NRC Form 511, "Program omce Response 10 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 challenging the adequacy of the search, please also have each member of your staff who conducts u ~earch complete NRC Form 511 A, "Documentation of a 1-0IA Search,* which is also available in 1he NRC l'orms 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 of the completed NRC Forms 511 A olong with 1he NRC Form 51l you return to the assigned specialist Al1emati~cly, you may cornplc:1c the NRC Form 51 IA on bchulf of your office, based upon the descriptions of sl!afChes provided lo you by your office staff. You ore encouraged 10 ask for assistance in perfonning adequate ADAMS searches if you have any difficulty doing a search. NRC Form 496, "Report of Staff Resources for Processing 1-0IA Requests" is also available in the NRC Fonns Library for your llSe. Thank you.
Stevens, Margo From: Gagnon, Ronald Sent: Thursday, October 19, 2017 3:08 PM To: Janney, Margie
~~Subject:~~
FOIA Attachments: RE: Need-to-Know requirements for SUNSI; Who Determines Need-To-Know for OUO?; DCPD-201300092.pd.pdf; RE: Need-to- Know requirements for SUNSI; RE: Who Determines Need-To-Know for OUO?; FW: Need-to- Know requirements for SUNSI; RE: Need-to- Know requirements for SUNSI; RE: Need-to-Know requirements for SUNSI; RE: Draft SUNSI responses; RE: Draft SUNSI responses; RE: FYI - Confusion regarding Ron Gagnon's answers to Need -to- Know for SUNSI; RE: FYI
- Confusion regarding Ron Gagnon's answers to Need-to- Know for SUNSI; RE: Who Determines Need-To- Know for OUO?; RE: Who Determines Need-To-Know for OUO?; RESPONSE - Draft SUNSI responses; responses to your SUNSI related questions; SUNSI qns; Who Determines Need-To- Know for OUO?; Automatic reply: Who Determines Need -To- Know for OUO?; Automatic reply: Who Determines Need- To- Know for OUO?; Confusion regarding Ron Gagnon's answers to Need-to-Know for SUNSI; FW: Draft SUNS! responses; FW: Draft SUNS! responses; FW: Who Determines Need-To-Know for OUO?; FW: Who Determines Need-To- Know for OUO?; FYI - Confusion regarding Ron Gagnon's answers to Need-to- Know for SUNSI; RE: Confusion regarding Ron Gagnon's answers to Need-to-Know for SUNS!; RE: Confusion regarding Ron Gagnon's answers to Need-to-Know for SUNSI; RE: Confusion regarding Ron Gagnon's answers to Need-to- Know for SUNSI; RE: Confusion regarding Ron Gagnon's answers to Need-to- Know for SUNSI; Re: Confusion regarding Ron Gagnon's answers to Need-to-Know for SUNS!; RE: Confusion regarding Ron Gagnon's answers to Need-to- Know for SUNS!; RE: Confusion regarding Ron Gagnon's answers to Need-to-Know for SUNSI; RE: Draft SUNSI responses; RE: Draft SUNSI responses; RE: Draft SUNS! responses The attached records reflect the program office's recommendations as to their Follow Up Flag: Follow up responsiveness and manner in which the records should be processed and, Flag Status: Completed accordingly, are withheld in their entirety under FOIA exemption 5. The records (as ultimately processed) are addressed in the response to multiple requests, including interim response# 12 to your NRC-2018-000096. This response is Margie, publicly available in ADAMS as ML202A88423 and ML20288A425.
These are the only responsive records that I could locate. I searched my computer and email, and hard copies in my office. Thank you, Ron Ronald E. Gagnon SUNSI / CUI Program Manager Office of the Chief Information Officer IM Policy Branch United States Nuclear Regulatory Commission One White Flint North 11545 Rockville Pike, Mail Stop O-6Hll Rockville, MD 20852 Office: 301-415-6873
NRC FORM 496A U.S. NUCLEAR REGULATORY COMMISSION FOIA NUMBER
~~,~,~~
~~(08-2016) REFERRAL RELATED TO FOIA REQUEST~~
~~l NRC-2016-000731~~
~ . .... ~ ({] INITIAL REQUEST APPEAL OFFICE TO: FOIA COORDINATOR- Nancy Belmore OCA TELEPHONE NUMBER FROM: FOIA ,SPECIALIST- Margo Stevens (contractor) ~ ( ! " ~./~ (301) 415-8148 ***r.-.. ~,** , . - *-* ~ . . .... -- ** .... ~- -
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Provide your office's concurrence/nonconcurrence In the originating Complete NRC Form 496, "Report of Staff Resources for Processing office's dlsciosu-e recommendation for each record. FOIA Requests." Provide a dlactosure determination/recommendation for each record, [Z] which was Identified by another office as a record for which your office The initial denial of records (FOIA Number) has been appealed. Is responsible, and that Is subject to this request. Copies of the Initial request, denial, end appeal are attached. Have your

4 Provide a disclosure determlnation/recommefldation for each record office conduct another relllew of each record and provide either a new dlsaoaure determlnationlrecommondation or reaffirm the Initial that was referred to the NRC for review by another agency. disclosure determination/recommendation.

( ) Records that you provided lhls offioe In response to this FOIA request D are being returned to you for f\.nher revtewfclalillcatlon for reasons noted in the COMMENTS section below. O Other required action as noted In the COMMENTS section below. COMMENTS This is the request filed by Lucas Hixson, formerly FOIA/PA-2016-0731, for the records ~ "1Il.12J.l§.l2.~ h" 1D.f; 1r.2..11l thALJn;.lli, **nu:ittc::L_,I investigation C13-055 (arisina from the Exelon decommissioning enforcement matter). I b)(5) For reference purposes, I've attached a copy of the incoming request. These records are responsive to item 15 of this request. (Please note that these records are also responsive to two subsequently filed requests by the Government Accountability Project and the Union of Concerned Scientists.) SIGNATURE - FOIA COORDINATOR (Typed First & Last Name Indicates Your Electronic Slgnatu,.) Date I NRC FORM 496A (08*2015) Page 1 of 1
NRC FORM 496A 1011-2015) fltc._1) REFERRAL RELATED TO FOIA REQUEST U.S. NUCLEAR REGULATORY COMMISSION FOIA NUMBER NRC-2016-000731
\.'YI'/ ..... 12] INITIAL REQUEST O APPEAL OFFICE TO: FOIA COORDINATOR- Lena Boyd 01 flkMjoo< fti,-__
TELEPHONE NUMBER FROM: FotA SPECIALIST- Margo Stevens (contractor) (301) 415-8148 Provide your office's concurrence/nonconcurrence In the originating Complete NRC Form 496, *Report of Staff Resources for Processing office's dlscloai.n, recommendaUon for each record. FOIA Requeata." r71 Provide a disclosure detarmlnationlrecommendatlon for e,ch re<:Ofd, L!:J which was Identified by another office aa a record for which your office The Initial denial of records (FOIA Number) has been appealed. Is responsible, and that Is subject lo this requeaL D Coples of 1he lnltlal request, denial, and a,ppeal are attached. Have your office conduct another review of each record and provide either a new Provide a disclosure detennlnationlrecommendatlon for each recml disclosure delemlinatlontrecommenda11on or reaffirm the lnltlal that was referred to the NRC for review by another agency. disclosure detennlnatlonlrecommendatlon. Records lhal you provided this office in response to this FOIA request 0 are being retumed 10 you for further revfewlclarifleatlon for reasona noted In the COMMENTS section below. O Other required acllon as noted In the COMMENTS section below. COMMENTS This is the request filed by Lucas Hixson, formerly FOIA/PA-2016-0731, for the records compiled b the OIG in its investigation, C13-055 arisin from the Exelon decommissioning enforcement matter). (b)(5) For reference purposes, I've attached a copy of the incoming request. These records are responsive to item 15 of this request. (Please note that these records are also responsive to two subsequently filed requests by the Government Accountability Project and the Union of Concerned Scientists.) (b)(5) d Fl,_t & last Name lndlcatn Your Elec:tronlc SI nature Page 1 of 1
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 2055s-4001 January 18, 2018 IN RESPONSE REFER TO NRC-2016-000731 FOIA Officer U.S. Office of Special Counsel 1730 M Street, N.W. Suite 218 Washington, D.C. 20036-4505
~~Dear FOIA Officer:~~
In processing the enclosed Freedom of Information Act (FOIA) requesl1 , submitted by Lucas Hixson, the U.S. Nuclear Regulatory Commission (NRC) identified several records, or information within records, in which the Office of Special Counsel (OSC) 1s believed to have equities. We have enclosed a CD that contains these records. As you can see from the enclosed request, the requester is seeking 62 records, or groups of records. Our request for consultation involves the records requested in items 15, 31-37, and 60. On August 24, 2016, September 1, 2016, and May 4, 2017, we referred to Dawn Kral, OSC's FOIA Public Liaison (since retired), the records (or portions thereof) requested in items 31-37 and 60. Based upon OSC's input, we made redactions citing to FOIA exemptions 6 and 7C for the names of several third parties appearing in the records, as well as certain redactions on the basis of exemption 7A due to the then-ongoing OSC investigation to which these records related. That investigation, D1-15-5254, has now been concluded, which OSC announced, htlps://osc.gov/News/pr17-18.pdf, and about which OSC posted certain details, https://osc.gov/Pages/PubllcFiles-.fY2017 aspx. In light of the close of that investigation, and 1 On November 20, 2017, our FOIA office began using FOIA Online in lieu of FOIAXpress . As a result, the reference numbers for our requests have changed. This particular request was formerly FOIA/PA-2016-0731 . At the same time that we received this request, we had also received several other, less voluminous, requests, since closed, for many of the same records. The previous consultation requests that we made to the OSC used FOIA/PA-2016-0607 as its reference number. The OSC reference numbers included on your prior FOIA correspondence with us were #CF-16-0006 and #CF-17-0003. We provide this background to facilitate your retrieval of your prior communications with us. We have since received two additional FOIA requests, NRC-2018-000003 and NRC-2018-000010, which ask for the same records as Mr. Hixson's request. In fact, one of these two requests comes from the Government Accountability Project (GAP), which represented the whistleblower in Dl-15-5254.
~~- 2 -~~
the public availability of certain information arising therefrom, we would appreciate OSC's re-review of these records and your Input whether you believe any of the redactions should remain.2 We have highlighted in yellow the portions that were redacted. We issued numerous interim responses to Mr. Hixson with respect to all of the requested items save item 15. We are now trying to finish up our processing of this request. Item 15 seeks the records relating to an allegation raised to, and the investigation undertaken by, the NRC's Office of Inspector General (OIG), reference number C13-055. This matter is totally separate from the matter addressed in 01-15-5254. We have also included on the enclosed CD the records (or portions thereof) in which the OSC may have equities. From our review of these records, it appears tha there were two distinct matters raised to the OSC by two different NRC staff members, (b)(?)(C) Both individuals are no longer with the NRC. We do not know anything more about what happened with the matters they brought to OSC's attention. Our prior consultation with OSC did not include these records, so we are asking OSC to review them for the first time. The bracketing that you see on these pages reflects a preliminary disclosure determination by the OIG's FOIA Coordinator with whom I have been working; the Assistant Inspector General for Investigation (who is delegated the authority to make determinations on initial FOIA requests) has not yet reviewed the records. We would appreciate if you would let us know to whom you have assigned this matter, and the Government Information Specialist's contact information, as well as a date by which we may expect to receive your response. If you have any questions regarding this matter, please contact Margo Stevens at (301) 415-8148, or margo.stevens@nrc.gov, who ls the member of my staff assigned to this request. Sincerely, FOIA Officer Office of the Chief Information Officer
~~Enclosures:~~
1. Incoming request, NRC-2016-000731

2. CD with records at issue

3. Criscione privacy waiver 2
At the time we processed these records previously, we had one privacy waiver from Lawrence Criscione (whistleblower). Because additional requests have now been made for these records, as well as certain others not previously In existence, we obtained another privacy waiver, which we have enclosed.
NRC FORM 496A U.S. NUCLEAR REGULATORY COMMISSION FOIA NUMBER (~15) r-*-..
~~'¥~ \; ..... ~'~~
~~REFERRAL RELATED TO FOIA REQUEST~~
@ INITIAL REQUEST APPEAL NRC-2016-000731 OFFICE TO: FOIA COORDINATOR.. Michael Pope RIii FROM: FOIA SPECIALIST- Margo Stevens (contractor) ~ M~,-,1___ TELEPHONE NUMBER (301) 415-8148 Provide your office's concl.l"rence/nonconc:urrence In the ortginati'lg Complete NRC FOIIT'I 496, "Repon of Staff Resources for Processing office's disclosure reconvnendatlon for each record. FOIA Requests.*
Provide e disclosure determination/recommendation for each record, which was Identified by another office as a record for which your office The Initial denial of records {FOIA Numbef) has been appealed.

~~1 D Is responsible, and that Is subject 10 this request.~~

Provide a dlsclo1ure determination/recommendation for each record Coples or 1he Initial reque11, denial, and appeal are attached. Have your offioe conduct another review of each record and provide either a new ( discloaure determlnaUonlrecommendatlon or reaffirm 1he Initial that was referred to the NRC for review by anothef agency. dls~ure determination/recommendation. Records tha1 you provided 1h18 office In response 10 this FOIA request D inare being returned to you for further reviewfclarttlcatlon for reasons noted D Other required action as noted In the COMMENTS section below. the COMMENTS section below. COMMENTS This Is the request filed by Lucas Hixson, formerly FOIA/PA-2016-0731, for the records;....:c::::o::.:m.:c.::.il';ed ::;::..::. b~ ~.....,..............__, Investigation, C13-055 (arising from the Exelon decommissioning enforcement matter). (b)(5) For reference purposes, I've attached a copy of the incoming request. These records are responsive to Item 15 of this request. (Please note that these records are also responsive to two subsequently filed requests by the Government Accountability Project and the Union of Concerned Scientists.) SIGNATURE- FOIA COORDINATOR d First & Lnt Name lndlat" Your Electrofllc SI nature Date NRC FORM 49eA (08--2016) Page 1 of 1
NRC FORM HA U.S. NUCLEAR REGULATORY COMMISSION FOIA NUMBER (08-2015)
~~\'¥~~~
~~REFERRAL RELATED TO FOIA REQUEST~~
~~1 NRC-2016-000731~~
......~/ [ZJ INITIAL REQUEST APPEAL OFFICE TO: FOIA COORDINATOR - LaToya Jones EDO TELEPHONE NUMBER FROM: FOIA SPECIALIST- Margo Stevens {contractor) ~ /,. {c._. . ___ (301) 415-8148 Provide your office's concurrence/nonconcurrence In the onginating Complete NRC Form 496. "Report of Staff ReSOU(C8S for Processing office'* disclosure recommendation for each record.
FOIA Requesta: Provide a disclosure determination/recommendation for each record. 0 which was Identified by another office aa a record for which your office Is resporulbla. and that Is subject to this request. D The Initial denial of records (FOIA Nunber) has been appealed. Coples of the inltlal request, denial, and appael are attached. Have YOU' Provide a disclosure determination/recommendation for each record oflice conduct another review of each record and provide either a new that( was referred to dlsclosu,e determlnatlonlracommendatlon or reaffirm the Initial the NRC for review by another agency. disclosure determination/recommendation. Recorda lhal you provided tNs office In reaponaa to this FOIA request 0 are being returned to you for further reviewlclartfication for reasons noted In the COMMENTS section below. O Other reqlired acllon as noted In the COMMENTS section below. COMMENTS This is the request filed by Lucas Hixson, formerly FOIA/PA-2016-0731 , for the records compiled b the OIG in its investi atlon, C13-055 arisin from the Exelon decommissionin enforcement matter . (b)(5) For reference purposes, I've attached a copy of the incoming request. These records are responsive to Item 15 of this req uest. (Please note that these records are also responsive to two subsequently filed requests by the Government Accountability Project and the Union of Concerned Scientists.) (b)(5) d First & Lnt Name lndlcatn Your Electronic SI nature NRO FORM 96A (08--2015) Page 1 of 1
personal record personal record personal record personal record personal record personal record personal record personal record personal record personal record personal record personal record personal record personal record personal record NRC P:OftM 4M Part I U.S. NUCLEAR REGULATORY COMMISSION FOIA RESPONSE NUMBER I (03-2017) , . .M I i~\
~~~ .....~j RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST 2016-072 1 11 4~~
~~RESPONSE~~
TYPE INTERIM 0 FINAL REQUESTER: DATE: l oavid Lochbaum 11 08/11/2017 _j DESCRIPTION OF REQUESTED RECORDS: Request for 35 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 hUps:/lwww.nrc.9ov/reading-rm/foia/contact-foia.html 0 Agency records subject to the request are already avaHable 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 oontain 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. 0 See Comments. PART I.A - FEES NO FEES AMOUNT* You will be billed by NRC for the amount listed. 0 II JI D You will receive a refund for the amount listed. 0 Minimum fee threshold not met. Due to our delayed response, you wlll "SH Comm_,ts lo, dtto;I* Fees waived. not be charged fees. PART 1.8 -- INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE D enforcement We did not locate any agency records responsive to your request Note: Agencies may treat three discrete categories of law and national secunty records as not subject to the FOIA i exduslons"). 5 U.S.C. 552(c). This Is a standard notification given to all requesters; it should not be taken to mean that any excluded records do, or do not exist. [Z] We have withheld certain Information pursuant to the FOIA exemptions described, and for the reasons stated, in Part II. 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 detennInation. You ma~appeal this final determination within 90 calendar days of the date of this response by sending a letter or e-mail to the FOIA O teer, at U.S. Nuclear Regulatory Commission, Washin~ton, D.C. 20555-0001 , or FOIA.Resource~~ Please be [Z] sure to include on your letter or email that it is a "FOIA Appeal. You have the right to seek dispute resolutton services from the NRC's Public Liaison, or the Office of Government Information Services (OGIS). Contact information for OG IS is available at ht:tPs:l/09is.archives,gov/about-09is/contact-informali2D.htm PART I.C COMMENTS ( Use attached Comments continuation page If required) We provided interim responses to you on 12/29/2016, 02/08/2017, and 05/03/2017. This final response addresses the remaining three (3) 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
Frffdom of lnfonnatlon Act Officer or Deslgnee Distribution Stepharne . A. Blaney :-.::.::!~;;:.~ -..-~- =-==-'-j lsECY o.t *'1.Ql l11':M1'...,. I OFFICE ACTION OFFICER FOIA OFFICER NAME ML Steven* SA Blaney PUBLIC ADAMS DATE 08/11/2017 01/11/2017 NON-PUBLIC ADAMS NRC Form 464 Part I (03-2017) Page 1 of 3
NRC FORM -'14 Part I U.S. NUCl.!AR R!GULATORY COMMISSION FOIA RESPONSE NUMBER (03,.2017) RESPONSE TO FREEDOM OF INFORMATION 1 2016-0121 II 4
~~RESPONSE~~
0 ACT (FOIA) REQUEST Continued INTEfUM FINAL TYPE REQUESTER: DATE: loavid Lochbaum 11 os,11 ,20 11 .J PART 1.C COMMENTS (Continued) ML I6252A004 and ML16242A333 consist of a letter written by private counsel retained by an NRC staff member, Lawrence Criscione (who has furnished a privacy waiver), and several documents, identified as Exhibits 1-6, to this letter, respectively. The letter and exhibits were apparently prepared by, or on behalf of, Mr. Criscione relating to a personal matter. Nothing on the face of these records evinces NRC's receipt of them. Nor has NRC located another copy of these records that were received in the course of any NRC staff's assigned duties in its record systems, As such, we have determined that these two records are personal records. As such, they are not subject to the FOIA and have nol been processed. MLI 6242A343 consists of several documents that were prepared by Mr. Criscione. The first document is an email, dated September I0, 2016, addressed to multiple NRC staff members in the Office of Nuclear Regulatory Research (RES). Although the email indicates that there was a draft attachment, this record does not include the attachment. The second document is another email, dated September 9, 2016, from Mr. Criscione to a few of the same RES staff members, to which is attached five Forms 665 (ADAMS Document Submission). 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 FOJA exemptions 6, 7A, and 7C. NRC Fonn 464 Pert I (03-2017) Page 3 of 3
NRC FORM 464 Part II U.S. NUCLEAR REGULATORY COMMISSION FOIA 103-2017) ,,,...*.
.z * .\ RESPONSE TO FREEDOM OF i; 2016-0721 I \.~. .... ) INFORMATION ACT (FOIA) REQUEST DATE:
[ 08/11/2017 J PART II.A -APPLICABLE EXEMPTIONS Records subject to the request are being withheld in theif entirety or In part under the FOIA exemption(s) as indicated below (5 U.S.C. 552(b)). Exemption 1: The withheld lnfomlation Is propet1y classified pu-t to an ExBMve Order protaeling national security informabon. D Exemption 2: The withheld Information relates solely to 1he Internal personnel rules
~~nd practices of NRC.~~
0 Exemption 3: The withheld infonnation is spedficaNy exe111>ted from public disdosure by the stall.lie indicated. 0 Seellons 141-145 of the Atomic Energy Act, which prohibits the dlsdostn of Resl/lcted Data or Formerly Restricted Data (42 U.S.C. 2161-2165). Section 147 of the Atomic Energy Act, which proHblts the disclosure of Unclassified Safeguards lnformabon (42 U.S.C. 2167). 41 U.S.C. 4702(b), which prohibits the dlsdosure of contrador proposals, exoepe when lncolpor11ed Into the contract between the agency and the D submitter of the proposal. Exemption 4: The withheld lnfomlatlon Is a trade secret or conftdentlal comme,clal or flnandal lnf011nallon that la being withheld for the reason(s) indicated. The Information is considered to be proprietary because it concems a licensee's or appieant's physical protectlol'I or matenal control and accounting program for special nucle.ar material pursuant to 10 CFR 2.390(d)(1). The information is considered to be another type or confidential busmess (proprietary) lnfOflllalion. D 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 lntraagency r9COl'ds that are normally privileged in civil litigation. D Deliberative process privRege. Altomey wor1< product prlvffege. 0 Attorney-client privilege. [Z] Exemption 8: The withheld lnform1tion from a personnel, medlail, limdar file, la exempled from public dlsdosure because 115 disclosure would result Of In a clearly unwarranted invasion of personal privacy. [Z] Exemption 7: The withheld lnf011nallon consists of rllCOfds compiled for law enforcement pu,poses and Is being withheld for the reason(s) Indicated. [Z] (A) Dlsdosure could reasonably be expected 10 Interfere with an open enforcement proceeding. [Z] (C) Disclosure could rea10111bly be expeeled to conalltule an unwaminted Invasion of personal privacy. (D) The Information conslm of names and other infonnation 1he dlsclosure of which could reasonably be expected to reveal ldentilie1 of confidenlial sources. (E) Disdosura would reveal techniques and procedures for law enfo1081ll8nt lnvesfg11lons or prosecutions, or guidelines that could reasonably be expected lo risk drcumwntlon of the law. (F) Disclosure could reasonably be expected to endanger the life or physical safety of an individual. Oolherl 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 detennination to withhold certain Information responsive to your request APflE.U.ATaOl'ACIAL. DENYING OFFICIAL TITLE/OFFICE RECORDS DENIED ,oo HCY IRochelle Bavol 11Exec Asst to the Secy 10 the: Commission 11 ch1rd patty PII: material pertainin& 10 on101na 0 I II I proceeding I I II I Appeals must be made in writing within 90 ~lendar 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. 20655--0001, or FOIA.Resourc. _rc.g ov. Please be sure to Include on your letter or email that it Is a "FOIA Appeal." NRC Fonn 464 Part II (03*2017) Page 1 of 1
NRC FORM 484 Part I U.S. NUCLEAR REGULATORY COMMISSION FOIA RESPONSE NUMBER (0)-1017)
~~,..........~~~
~~RESPONSE TO FREEDOM OF I 2016-0721 11 3 I l~i~~
~~~ ......~ I INFORMATION ACT (FOIA) REQUEST RESPONSE 0~~
INTERIM FINAL TYPE REQUESTER: DAT,E: loavid Lochbaum DESCRIPTION OF REQUESTED RECORDS: JI I Request for 35 documents by ADAMS accession number PART I. - INFORMATION RELEASED You have the right to seek assistance from the NRC's FOIA Public Liaison. Contact infonnallon for the NRC's FOIA Public Liaison is available at .ll1~.www.ori;,g2v/r~adlng-rm/fQia/f;9ntas;t-fQ1a.btml [ZI Agency records subject to the request are already available on the Pub~c 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 lnfonnatlon originated by or of interest to another Federal agency have been referred to that agency (see comments section) for a disclosure detenninatlon and direct response to you. 0 We are continuing to process your request 0 See Comments. PART I.A - FEES NO FEES AMOVNT" You will be billed by NRC for the amount listed. II II You will receive a refund for the amount hsted. Due to our delayed response, you will D Minimum fee threshold not met.
*SH Comments few Mt&II* Fees waived. not be charged fees.
PART 1.8 -- INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE We did not locate antlc agency records responsive to your request Note* A~encies may treat three discrete categories of law enforcement and na onal security records as not subject lo the FOIA f'ex usions"). 5 U.S.C. 552(c). This 1s 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 exemptJons 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 mehi appeal this final determination within 90 calendar days of the date of this respo~ sending a letter or e-mail to the FOIA O 1cer, at U.S. Nuclear Regulatory Commission, Washington, D.C. 20555-0001 . or ,Res2urce~nn;,gQy. 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 infonnation for OGIS Is available at llltr2:i'llggls,al'.Cbiv~Qv/about:Qgi:il1:QDtact-iafoJmilllillLhtm PART I.C COMMENTS I Use attached Comments continuation pacie If required) This interim response addresses 10 more of the records Listed in your request. Since the date o f your request, these records have been removed from ADAMS. However, because the NRC was able to locale them by the accession numbers when your request was received, we have processed the records, except as noted below. [continued on next pageJ Signature. Freedom of ln{onnatlon Act Officer Of' Deslgnee
~~~\..Ohc..x\u. .'n\ I'\.\[\~,~~
~~OFFICE ACTION OFFICER FOIA OFFICER I~~
~~,~ Dlatr1butlon I~~
NAME ML Steven, SAB~ PUBLIC ADAMS DATE 04/28/2017 04/28/2017 NON-PUBLIC ADAMS NRC Form "'6<4 Part I (03-2017) Page 1 of<4
m-1011) ,,...... NRC FORM << Part II U.S. NUCLEAR REGULATORY COMMISSION I FOIA 2016-0721#3 I
~~'~/ ~ . .... ~~~
RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST OATI:: 7 I PART II.A - APPLICABLE EXEMPTIONS Records aubject to the request are being withheld In their entirety or In part 1.11der the FOIA exernption(s) as Indicated below (6 U.S.C. 652(b)). Exemption 1. The withheld Information Is properly dauifted purso1r( to en Execullw Order protedlng nationel securlty Information. D Exemption 2. The Withheld Information relates IOlely to the Internal personnel rules and pradices of NRC. 0 Exemption 3 The v,;thheld Information Is speoflcllly exempted from publ.c dlsdosure by the statute lncicated. See1lon1141-145 of the Atomic Ene,vy Ac:t. which proh,bds tne di9dolln of Rattncled O;ita or Fonnerty Retlricted Oata (2 u.s.c. 2181-2185), Secllon 147 ol lhe Atomic En~ Act, v,tuch prohl>l11 the d1sc:losure ol Undasa,~ed Slleguarcla lntonnetlon (-42 U.S C 2187).
~~-41 U.S.C. 702(b), which prohibits the disclosure of c:onlnlctor proposals, except wtien lnc:o,porated into the c:ontrael ~en the agency and the D °'~~
aubmltter the propoNI, Exemption -4; The IMthheld Information 1s a trade secret or confidential commercial or financial information that is bemg withheld for the reason(a) Indicated, The information Is considered to be proprteta,y because it concerns a hcensee's or applicants physical protection or material control and accounting program for gpec1,1nuele,r material pursuant to 10 CFR 2.390(d)(1). The lnfonnation Is considered to be another type or confidential business (proprietary) Information. [Z] The lnfonnalion was submitted by a foreJgn source and received In confidence pursuant to 10 CFR 2.39D(dX2). Exemption 5: The with held lnformeUon consists of lntaragency << lntraagency records that are normally privileged In civil lltlgatlon. 0 Deliberative process pri\/Uege. D Attorney WOik product privilege. 0 Attorney-dient prtvlfege. (ZJ ExempUon 8. The 'Mthheld Information from a personnel, medical, or elm1lar 11ft. la exemptad fRlll'I publ*c dlacloe\.V'e becauae lta dlldosure would resuft In a clearly unwarranted lnvas!on of personal privacy. (ZJ ExempUon 7: The v.lthheld lnformatlon consists or records compiled ror law enforcement pu,poses and Is bang 1Mthheld for the reason(*) Indicated. (A) Dl1dosuro could reasonably be expected to lntetfere with an open enforcement proceeding. (C) Olsclosure could reasonably be expec1ed to constitute an unwanWltad lnvMlon of personal prlvacy. (0) The Information c:onsilts or names end other information the disclosure o/ lM>lch oculd reasonably be expeeled to reveal Identities or confidential source,. (E) Olsdosura would reveal techniques and procedc.Kes for law enforcement lnW$llgations or prosecutions, or guldelnea that could reasonably be expected to rtsk drcumventlon or lhe law. 0 (F) Dlsclosure could reasonably be expected to endangef the Nfe or physical safety of an Individual. 0 Other I One of the requested rcconu is a personal, rather than agency, record I PART 11.8 - DENYING OFFICIALS In accordance with 10 CFR 9.25(9) and 9.25(h) of the U.S. Nuclear Regulatory Commission regulations, the offlclal(s) listed below have made the detennlnatlon to withhold certain lnfonnatlon responsive to your request UfltLI.,Atl o,,,c:IA4, DENYINO OFFICIAL TITLE/OFFICE RECORDS DENIED <00 w:v IStephanie A. Blaney _J IFOIA Officer 11 3rd party PU, dehbe,ative &; security-rcJall)d I0 I I ,nrormatioo I 11 __JI _J 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 EQIA,Buguci.~nrc;._g_oy. Please be sure to Include on your letter or email that It Is a "FOIA Appeal." NRC Form -464 Part II (03-2017) Pge 1 of 1
NRC FORM..._. Part I U.S. NUCLEAR RE0UUTORY CO...ISSION FOIA RESPONSE NUMBER (Os-20,n 1 2016-0121 3 RESPONSE TO FREEDOM OF INFORMATION 11 I ACT (FOIA) REQUEST Continued RESPONSE TYPE INTERIM FINAL REQUESTER: DATE: loavid Lochbaum PART I.C COMMENTS (ConUnued) 11 J The record designated as ML16236A018 is an email exchange between staff members in the Offices of Nuclear Regulatory Research (RES) and New Reactors (NRO), to which a red-lined draft of a "Style Sheet", including personal advice and recommendations about writing style by its author, was attached. This draft was not finalized, although it is similar to NURE0-1379 NRC Editorial Style Guide. It is also noted that the focus of the email exchange was a parLicular template NRO used to write reviews of post-Fukushima Recommendation 2.1 Flood Hazard Reevaluation Reports, which is different altogether from the red-lined draft the originating RES staff member had attached to his email. A copy of the email exchange is enclosed. ML I6236A230 is an early draft document, "Generic Issue Program Proposal - Random Failure of an Upstream Dam." The NRC is exercising its discretion to release this record in its entirety; it is enclosed Since all but one of the email exchanges included in the record corresponding to ML I6237A004 are already publicly available as a result ofour processing ofFOIA-2013-0264, please refer to ML I3226A26 I-ML I3226A264, ML 13 I23A204, and ML I3226A259. We note that the redactions of personally identifiable infonnation (PII) on the basis of exemption 6 were already applied in the emails included within MLl6237A004. We have enclosed the one additional email exchange that had n.ot been the subject of any prior requests; the personally identifiable information (PU) appearing in this record has been redacted under exemption 6. We continue to assert exemption 7F for the cross-section diagram of the Jocassee Dam, which is slide 18 in the attachment to the email that is ML I3226A264. The record that corresponds to ML I6236A005 is also already publicly available as a result of our processing of FOIA-2013-0264; please refer to MLl3226A259. ML16237A006 is a letter from a third party individual (who has provided a privacy waiver) to then-EDO Bill Borchardt and tben-CbiefFOIA Officer Darren Ash, following up on a pending FOIA appeal, FOIA-2013-009A, including seven enclosures. The enclosures consist of: (I) an acknowledgment letter; (2) a Fonn 464 response package to 2013-0126 (which is already publicly available as MLl3106Al67), including an appendix listing the already publicly available redacted records responsive to the request; (3) MLI 3099A247 (as redacted); (4) ML I3039A084 (as redacted); (5) ML13039A0086 (as redacted); (5) a copy of the U.S. Anny Corps of Engineers (ACE)'s Engineer Manual, "General Design and Construction Considerations for Earth and Rock-Fill Dams," (which is publicly available at ACE's website) and a Continuing Education & Development, Inc. cover sheet for a program on this subject (which is also publicly available at its website); and (7) an unredacted copy of the cross-section diagram of the Jocassee Dam. With the exception of enclosure 7, the pages of this record are enclosed. As for enclosure 7, this diagram continues to be withheld on the basis of exemption 7F as noted above. ML16237A007 was determined to be a personal, rather than agency, record. The email was a personal email received by an NRC staff member at a personal email address. Since NRC bas not located another copy of the email received in the course of any NRC staff member's assigned duties in any of its records systems, we have determined that the email is a personal record. (The slides attached lo this email are identical to ML16237A004 and included in ML16237A007, which we have addressed above.) As such, it is not subject to the FOIA and has not been processed. ML 16238A0l3 is a NRC Form 183, Repon of Security lncident/lnfraction/Violation that was completed as a result of actions taken by an NRC staff member, who has furnished a privacy waiver. Accordingly, we have enclosed a copy for you. [continued on next page] NRC Foon 464 Part I (03-2017) Pagel of4
NRC FORM *6-4 Part I U.S. NUCLEAR REGULATORY COMMISSION FOIA RESPONSE NUMBER (03-2017) RESPONSE TO FREEDOM OF INFORMATION I 2016-0721 11 3 I ACT (FOIA) REQUEST Continued RESPONSE TYPE [Z] INTERIM FINAL REQUESTER: DATE: loavid Lochbaum 11 I PART I.C COMMENTS (Continued) ML16238A0 l4 is a copy ofan undated memorandum from Mary Jane Ross-Lee to Richard Correia concerning the subject "REPORT OF SECURITY INCIDENT (INFORMATION SPTLL)" related to the event that is the subject of ML \6238A013. Because the subject of this event has furnished a privacy waiver, a copy of this mcmo.randum is enclosed. ML I6239A085 consists of(\) an email exchange among the General Counsel to the Inspector General, the NRC Solicitor, and a lawyer representing an NRC staff member (who bas furnished the above-referenced privacy waiver) with respect to the resolution of a prior FOIA lawsuit be bad filed; (2) a lener from the General Counsel to the Inspector General to this individual; and (3) a copy oflhe stipulation of dismissal of that lawsuit, which is publicly available. They are enclosed. ML16244A008 consists ofan email from this same NRC staff member (who, as noted above, bas provided a privacy waiver) to Commissioner Ostendorff, in which he forwarded an email exchange he had had with another NRC staff member and attached several other records. This email and the attached records were previously released in part as ML I5 I 28A6 IO; we have revisited the material that had been redacted pursuant to exemption 5 as it incorporates the deliberative process privilege. We continue to assert exemption 6 for a cell# of another NRC staff member. The record, with content restored, is enclosed. The November 14, 2012 letter to Senator Boxer is also enclosed with the author's PU restored, in light of the privacy waiver he furnished. NRC Form 46,4 Part I (03-2017) Page 4 of 4
NRC FORM 464 Part ltOIG I
~~, ~--.....*,~~
U.S. NUCLEAR REGULATORY COIWISSION FOIA RESPONSE NUMBER II (U,2015) RESPONSE TO FREEDOM OF I 2016-072 1 2 I {~.....) INFORMATION ACT (FOIA) REQUEST
~~RESPONSE~~
~~TYPE [Z] INTERIM FINAL REQUESTER: DATE:~~
~~~vid Lochbaum 11 m3 0 8 2012 I DESCRIPTION OF REQUESTED RECORDS:~~
Request for 35 documents by ADAMS Accession Number PART I. - INFORMATION RELEASED Agency records subject to the request are already available in public ADAMS or on microfiche in the NRC Public Document Room. 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 deterrmnalion end direct response to you. 0 We ere continuing to process your request. 0 See Comments. PART I.A - FEES AMOUNT' ii You wm be billed by NRC for the amount listed. None. Minimum fee threshold not met. s II
~~'SN Conwnenla fo, dttall You will receive a refund for the amount listed.~~
Fees waived. PART I.B - INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE We did not locate any agency records responsive to your request Nole: Agencies may treat three discrete categories of law D notification enforcement and national security records as not subject to the F0IA ("exclusions"). 5 U.S.C. 552(c). This Is a standard given to all requesters, it should not be taken to mean that any excluded records do, or do not, exist We have withheld certain lnfoonation pursuant to the F0IA 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. D the You may appeal this final determination within 30 calendar days of the date of this response by sending a letter or email to F0IA 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 "F0IA Appeal." PART I.C COMMENTS ( Use attached Comments continuation page If required} In confonnance with the FOIA Improvement Act of 2016, the NRC is infonning you that you have t he right to seek assistance from the N RC's FOIA Public Liaison. This interim response addresses nine more of the 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 recei ved, except as noted below, we have processed the records. We have enclosed l continued on next page]
~~~ .. Tt*-.. -- - ECTOR GENERAL FOR INVESTIGATIONS. OIG IIJ--~_;*. - ** _ .1.-.1Y1 i u an~~
<C " ' NRC Form 464 Part I (OIG) (12-2015) Page2of3 IAdllCCllltlftudonPllgel
NRC FORM 464 Part I (OIG) U.S. NUCLEAR REGULATORY COIMSSION ,... FO A _ _ _ _~ RESPONSE NUMBER
,;;;.;I;..;.... ,,=,s> ~2016-0721 II 2 I RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST Continued REsPoNse TYPE '17 l.!...J INTERIM ANAL REQUESTER: DATE:
~id Lochbaum PART I.C COMMENTS (Continued) copies of ML I6238A007, ML l 6238A008, ML l 6244A009, and ML I6245A002. Note that these records already included redactions of certain content within them; we have determined that these records, in their redacted format, may be released to you in their entirety. ML I6238A005, ML I6238A006, ML I6238A009, ML I6245A0OO, and ML l 6245A00 I were determined to be personal, not agency, records for the reasons set forth below and, accordingly, are not subject to the FOIA and have not been processed.
-- ML I6238AOOS is a partial transcript of interview that contains as its initial page a typewritten notation apparently prepared-by the individual who received the transcript in response to a FOIA request. In addition, it appears this same individual annotated page 15 of the transcript by adding a boxed comment. Since the Office of Inspector General did not locate another copy of this record in its records systems, we determined it is a personal record. - ML I6238A006 is a transcript of interview that contains a handwritten notation on page 25, line 22, apparently written by the individual who received the transcript in response to a FOIA request. Since the Office of [nspector General did not locate another copy of this record in its records systems, we determined it is a personal record. -- ML I6238A009 is a transcript of interview that contains highlighting of selective text appearing on pages 11-12, apparently added by the individual who received the transcript in response to a FOIA request. Since the Office of Inspector General did not locate another copy of this record in its records systems, we determined it is a personal record. -* Both ML I6245A000 and ML t 6245A00 I consist of multiple pages from two different OIG investigative tiles, selectively culled from the totality of the tiles, wilh typewritten commentary and highlighting throughout, apparently added by the individual who received these pages in response to a FOIA request. Since tbe Office oflnspeclor General did not locate another copy of these records in its records systems, we determined they are personal records.
NRC Fonn 46-4 Part I (OIG) (12-2015) Page 3 of3
NRC FORM 464 Part I IOIG) U.S. NUCLEAR REGULATORY COMMISSION FOIA RESPONSE NUMBER (12-:1015) f~--\
~~~ *"""*" \.*..... I . RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST I 2016-0721~~
~~RESPONSE~~
TYPE [Z] 11 INTERIM 2 FINAL I REQUESTER: DATE: loavid Lochbaum I L FEB O8 2017 j DESCRIPTION OF REQUESTED RECORDS: Rcqucsl for 35 documenlS by ADAMS Accession Number PART I. - INFORMATION RELEASED Agency records subject to the request are already available in public ADAMS or on microfiche in the NRC Public Document Room. Agency records subject to the request are endosed. Records subject to the request that contain Information onginated 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 AMOUNT' II You will be billed by NRC for the amount listed. None. Minimum fee threshold not met. s II
~~'SN Cclffllonll fOI dtiall You wi II receive a refund for the amount ~steel.~~
Fees waived. PART I.B - INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE We did not locate anJc agency records responsive to your request Note: Agencies may treat three discrete categories of law D notification enforcement and na onal security records as not subject to the FOIA Cexduslons"). 5 U.S.C. 552(c). This Is a standard given to all requesters; it should not be taken to mean that any excluded records do, or do not, exist. 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. D the You may appeal this final determination within 30 calendar days of the date of this response by sending a letter or email to FOIA Officer, at U.S. Nuclear Regulatory Commission, Washington D.C. 20555-0001, or FOIA.Resource@nrc.gg__'{. Please be sure to include on your letter or email that it is a "FOIA Appeal." PART l,C COMMENTS ( Use attached Comments continuation page If required) rn conformance with the FOIA Improvement Act of2016, the NRC is informing you that you have the right to seek assistance from the NRC's FOIA Public Liaison. This interim response addresses nine more of the 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, except as noted below, we have processed the records. We have enclosed [continued on next page)
~~~ ---~*-* PECTOR GENERAL FOR INVESTIGATIONS, OIO OIITIUBUTlOH~~
_,oseyf1 .'A. .'Mc:Mi<<an I I OFFICE ACTION OFFICER AIG OFFICER PUBLIC ADAMS NAME (b)(6) 1, .((I( t-1: y' h [Z] NON-PUBLIC ADAMS DATE _9_1 ct\ \7 --JK / 1) NRC Fonn 46"'*' Part I (OIG) (12-2015) Page 1 of3
NRC FORN 464 Part I (OIG) U.S. NUCLEAR REGULATORY COMMISSION FOIA RESPONSE NUMBER (12-:1016)
*--,-20-16--07-21---,II 2 1 RESPONSE TO FREEDOM OF INFORMATION ~===;;;::::.l!::======I ACT (FOIA) REQUEST Continued RESPONSE TYPE 0 INTERIM FINAL REQUESTER: OATE:
loavid Lochbaum 1LFm o s2011_] PART ,.c COMMENTS (Continued) copies of MLI 6238A007, ML J6238A008, ML16244A009, and ML16245A002. Note that these records already included redactions of certain content within them; we have determined that these records, in their redacted fom1at, may be released to you in their entirety. ML16238A005, ML16238A006, ML16238A009, ML16245A000, and MLl 6245A00 I were determined to be personal, not agency, records for the reasons set forth below and, accordingly, are not subject to the FOIA and have not been processed.
** ML I6238A005 is a partial transcript of interview that contains as its initial page a typewritten notation apparently prepared by the individual who received lhe transcript in response to a FOIA request. In addition, it appears this same individual annotated page 15 of the transcript by adding a boxed comment Since the Office offnspector General did not locate another copy of this record in its records systems, we detennmed it is a personal record. ** ML16238A006 is a transcript of interview that contains a handwritten notation on page 25, line 22, apparently written by the individual who received the transcript in response to a FOTA request. Since the Office oflnspector General did not locate another copy of this record in its records systems, we dctennined it is a personal record. ** ML16238A009 is a transcript of interview lhat contains highlighting of selective text appearing on pages 11- 12, apparently added by the individual who received the transcript in response to a FOIA request. Since the Office of Inspector General did not locate another copy of this record in its records systems, we determined it is a personal record. -* Both ML I6245A000 and ML16245AO0 I consist of multiple pages from two different OIG investigative files, selectively culled from the totality of the files, with typewritten commentary and highlighting throughout, apparently added by the individual who received these pages in response to a FOIA request. Since the Office of Inspector General did not locate another copy of lhese records in its records systems, we detennincd they are personal records.
NRC Form 4S. Part I (OIG) (12-2015) Page 3 of 3
From: Tifft. Doug Sent: Monday, September 19, 2016 9:4S AM To: O0.nlel~ <:ynthla
~~Subject:~~
RE: FOIA,'PA-2016-00727 Action ltern,'lnstructions Search for Records in Perfected Request due by COB 9/23/16 From: 0Danlell, Cynthia sent: Monday, September 19, 2016 8:39 AM To: Lew, David; Dorman, Dan: Klukan, Brett; Screnci, Diane; Sheehan, Neil; Bickett, Brtce; Tifft, Doug; Cr1Sden, Cherie X; Mclaushlin, Marjorie; Boller, Allyce ; Warnek, NICOie subject: FW: FOIA/PA-2016-00727 Action ltem/lnstr,uctlons Search for Records In Pfflected Request due by COB 9123/16 Importance: High See details In yellow below. From: Holt, Dennis Sent: Monday, September 19, 2016 7:51 AM To: ODanlell, Cynthia <~ia.OD;1niell@nrc.1jov>; CoWin, Grace <Grace.Cowan(c. nrc,r.oV>i Heater, Keith <Kel~h.Heater,~ nrc.!-;.ov>; Powell, Gerry <Gem,.~owell@nrc.gov>; McKenzie, KJet1 <tcieta.Mctcenzie ,Qlnrc.,_ov>; Pinkham, Laurie <Laurie.Pinkham :: nrc,!,oV> Cc Maming, Louis <louis.Manning@nrc.gov>; Dean, Michael <Mlchael.Dean@nrc.goV>
~~Subject:~~
rw:FOIA/PA-2016--00727 Action Item/Instructions Search for Records In Perfected Request due by COB 9/23/16 lmpoll'tanc:e: High GoOd Day, Please search for and provide records responsive lo the attached FOIA. The FOIA Is due by COB 9/23/16. The FOIA request should be processed In accordance with "How to Respond to an Initial FOIA Request* at ML060690485. Also, please complete the attached processing sheet, and confirm receipt of this FOIA. Please pay e>ttra aHen1ion to the section mar1(ed In yellow. Thank you.
Regards, Dennis Holt Region I Help Oesk/FOIA 610.337.5050 From: RlFOIAPA RESOURCE sent: Friday, September 16, 2016 12:00 PM To: Dean, Michael <Michael.Dean :: 1,1..., ov>; Mannlr., Louis <touis.Mannin,.'!! d*\>; Holt, Den11¥s
~~<Dennls.Holt,e nrc.!.oV>; Skomsky, Aprtl <!'1n11.:5~0,1,~~Yi'~~ >; Moretto, Matthew <Matthew.Moretto,~, **!.i.,..Ql!>~~
~~Subject:~~
FW: FOIA/PA-2016-00n7 Action Item/Instructions Search for ReCOfds in Perfected Request
Fll'OIII: Stevens, Mergo sent: Frtdey, Sepb!mt)er 16, 201611:59:59 AM (UTC-05:00) E.astem l1me (US & Olnada) To: RlFOIAPA RESOURCE Cc: Stievens, Margo; Danol'f, Karen subject: FOIA/PA*2016-00n7 Action Item/Instructions 5een:h for Reccrds In Pef'fecbld Request Offlctt ,AIIICA!f Ac#!! 91 Seel@lller H, HH; RI The reqlllll<< 1- eithm a3J'l'l'd 10 PIIY tbe atimatal fca, OI has p,ovided ID ldvmce plylllCIIII, or thlft 11R 110 billtblc ,... The nq.- It DOW COllliclcnd
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The OoYCffllllall illfbrmatlon Spec:lllilt for thla l'ClqllCSI Is Marp SClwns, who can be reached 11301-415-1141 or Mar o.S1m:ns ~mr- ~I(. The FOIA requee, lbowd be proces.ed in-.oillancl: witb dx lllndlrd l1wlruelloos (How 10 ltapolld 10 a FOIA Jleqlat) al ML1'123Al64. NRC Ft>rm 311, "hopn Office blpome 10 a FOlA Requat" is awilable in the NJ.C F ~ Lmrvy fir )'OUT-. Yot arc cncomaaed to ask for autscance Ill pcrfonnlrc ldequa1e ADAMS-.. lf)'OII ba¥e my dlfflculty doln1 a - t i . NRC FOffll -196, "RcportofStaf'l'Rlllcutcs for ProcasinsPOIA bquc:su" ls at.o mil,b&e In thcNllCJlomll Llbnry lbr)'Olll'-. When you l'llpCIDd. pl- mab 111ft 111&1 )'OIi IU'e eendinJ )OIIF llllpOnN IO , u wdl u the Uliped spedallrt. Thanky,ou. 2
From: Klukan, Brett Sent: Monday, September 19, 2016 11:40 AM To: ODanlell, Cynthia
~~Subject:~~
~~RE: FOIA/PA-2016-00727 Action Item/Instructions Search for Records in Perfected Request due by COB 9/23/16 Thanks.~~
~~Cheers, Brett From: ODanlell, Cynthia Sent: Monday, September 19, 2016 8:39 AM To: Lew, David <David.Lew@nrc.gov>; Dorman, Dan <Dan.Dorman@nrc.goV>; Klukan, Brett <Brett.1Clukan@nrc.gov>;~~
Scren<;I, Diane <Dlane.SCrencl@nrc.gov>; Sheehan, Neil <Nell.Sheehan@nrc.gov>; Bickett, Brice <Brlce.Bickett@nrc.gov>; Tifft, Doug <Doug.Tifft@nrc.gov>; Crisden, Cherie X <Cherie.Crisden@nrc.gov>; Mclaughlin, Marjorie <MarJorle.McLaughlln@nrc.gov>; Bolger, Allyce <Allyce.Bolger@nrc.gov>; Warnek, Nicole <Nlcole.Warnek@nrc.gov>
~~Subject:~~
FW: FOIA/PA-2016-00727 Action Item/Instructions Search for Records in Perfected Request due by COB 9/23/16 Importance: High See details in yellow below. From: Holt, Dennis Sent: Monday, September 19, 2016 7:51 AM To: ODaniell, Cynthia<~, '!thla.OD~'!iell@nrc.goV>; Cowan, Grace :cGrace.Cowan,. nrc. ov>; Heater, Keith ~~Hejter.@.nrc..tov~ Powell, Gerry <Gerry.Powell@nrqov>: McKenzie, Kleta ~l~ta.Mc~enzle; nrc!.!.ov>; Pinkham, Laurie <Laurie,Pinkham@nrc.gov> Cc: Manning, Louis <Louis.Mannlng@nrc.goV>; Dean, Michael ~~~Dean@nrc.eov>
~~Subject:~~
FW: FO INPA-2016-00727 Action Item/Instructions Search for Records In Perfected Request due by COB 9/23/16 Importance: High Good Day, Please search for and provide records responsive to the attached FOIA The FOIA is due by COB 9/23/16. The FOIA request should be processed ln accordance with "How to Respond to an Initial FOIA Request' et !&060590485. Also, please complete the attached processing sheet, and confirm receipt of this FOIA. Please pay extra attention to the socllon marked in ycUow. Thank you.
~~Regards, Dennis Holl Region I Help Des~JFOIA 610.337.5050~~
From: Rl FOIAPA RESOURCE Sent: Friday, September 16, 2016 12:00 PM To: Dean, Michael <Mlchael.Dean@nrc.gov>: Manning. Louis <Louls.Mannlng@nrc.gov>; Holt, Dennis <D_~!lfl.h,H.olt@n~.19~ Skomsky, April <ApdLSlcomsky@nrc.i:ov>: Moretto, Matthew <Matthew.Moretto@nrc.gov>
~~Subject:~~
FW: FOIA/PA-2016-00727 Action Item/Instructions Search for Records In Perfected Request From: Stevens, Margo Sent: Friday, September 16, 2016 11:59:59 AM (UTC-05:00) ~stem rme (US & Canada) To: RlFOIAPA RESOURCE Cc: Stevens, Margo; Danoff, Karen
~~Subject:~~
FOIA/PA-2016-00727 Action Item/Instructions Search for Records In Perlected Request The requcs1cr has either *attcd 1o pay the estimated fees. or hu provided an advance pa)lfflent, or there an: no bntble fees. The rcqunl is now considefcd "pttfec1et1.* Toe Oovemmcnr Jn(onnatlon Spccialisr for 1h11 request is Marco Stewo,, who can be ~bed 11301-415-11411 or Margo.Stevcns@nrc.gov, Toe FOIA request should be processed In accordance with the standard lru1rucuocs (How to RCSJ)Ond t.o I FOIA Rcquca1) 11 ML16123AI 64. NRC Fonn 511, "froaram Office Response to* FOi.A Request* Is 1va1lable In the NRC Forms Ubnry for your use. You arc encouraged 10 u k for usit1ancc in pcrformin1 adequate ADAMS scarchce if you have any diffiQllry doina * ,urch. NRC form 496, "Repon ofStaff Resources for Processing FOIA Reques11* is aim available in the NRC Forms Library ror your use, When you respond, please ml.e sure th,r you are send ina)'llllT ~nsc 10 FOIA ltesourcan nrc.1 r u well u the ssicned spccialill. Thank you. 2
From: Stevens, Margo Sent: Tuesday, September 20, 2016 6:44 AM To: Kluqn, Brett Holt, Dennis Sllbject: RE: FOIA/PA*2016-00n7 Action Iterntlnstructions Search for Records il Perfected Requ.st due by COB 9/23/16 Thanks. That's what 1needed from RI. I'll close out your tasking. !Ma:r90 £. Stevens
~~f'OJ.:A J\nalyst/'leam £eader (Contractor) 0O0/CSD/:f'Pr.B~~
'U.S. :Nucurzr ~ o r y Commission. Jl545 1loci'Vl.tk 'Plie. :MailStop 1'-2Y7 1toci:vilf.e, :MaryCana20855 1e(epfunu #: (;$OJ) 415-81.48 From: Klukan, Brett Sent: Monday, September 19, 2016 3:53 PM To: Holt, Dennis <Dennis.HoltC,nrc..gov>; Stevens, Margo <Margo.stevensOnrc.gOV>
~~Subject:~~
~~RE: FOl.4/PA-2016-00727 Action Item/Instructions Search for Record! In Perfected Request due by COB 9/23/16~~
Margo, Let me know if you need anything else from RI re this.

Cheers, Brett From: ODanlell, cynthll Sent: Monday, September 19, 2016 8:39 AM To: Lew, David <Davld.Lewnrc.goV>; Dorm*n, Dan <Da11.D,grman0*nrc.~ov:>; Klukan, Brett <Brett.Klykan@ncs.M..'(,>:
Screnc:I, Diane <Dlane.Scr~ncl@.nrc.gov>; Sheehaln, Nell <Nell.She,!ha~n,rS,soV>; Bickett, Brk:e <!5rice.Bickett.Je_nrc.c._ov>; Tifft, Doug <Doug.llfft@nrc.gov>; Crlsden, Cherie X<Cheriej;r~gen@' N'C.::,9v>; Mcl.aushlln, Marjorie <M!r.l.orle,Mct..aughlln@nrc~; Bower, Allyce <Allyce.Bol&erfDnrc:.gov>; w1mek, Nicole <N!c<>!!!,W*m~~r.c;,r..op
~~Subject:~~
FW: FOIA/PA-2016-00727 Action Item/Instructions Search for Records In Perfected Request due by COB 9/23/16 Importance: High
See details in yellow below. From: Holt, Dennis Sent Monday, Stptember 19, 2016 7:Sl AM To: ODanlell, Cynthia <Cynthi~O~l.!!ell@nrc;,gov>; Cowan, Grace <Grace.Cowan:@nrc.gov>; Heater, Keith <Keith.Heater a,.ruc.gov>; Powell, Gerry <Gerry,Powell<<!?nrc.aoy>; McKenzie, Kleta <Kleta.McKenzle~*nrc.f:ov>; Pinkham, Laurie <laurle_.Plnkh;;u!l@nf~.1!9P Cc1 Manning, Louis <Louis.Mannlng@nrc.gov>; Dean, Michael <MichaelJ)eanei!'.!lJ!:.tQ.V> SUbject: FW: FOIA/PA-2016-00727 Action Item/Instructions Starch for Records In Perfected Request due by COB 9/23/16 Importance: High Good Dey, Please search for and provide records responsive to the attached FOIA. The FOIA Is due by COB 9123116. The FOIA request should be processed In accordance with "How to Respond to an Initial FOIA Requesr a1 ML06059048ey. Also, please complete the attached processing sheet. and confirm receipt of this FOIA. Please pay extra attention to 1he section merited in yellow. Thank you
Regards, Dennis Holl Region I Help Desk/FOIA 610.337.6050 From: R1FOIAPA RESOURCE Sent: Friday, September 16, 2016 12:00 PM To: Dean, Michael <.Mktt~~rn>; Manning, Louis <Louls.Ma!)nln1.;tii<nruov>; Holt, Dennis
~~<!)ennls.HoJ~@n[~:b9v>; Skomsky, April <April.Skomsky@nrc,aov>: Moretto, M1tthew<Matthew.Moretto(.<lnrc.1.ov>~~
~~Subject:~~
FW: FOWPA-2016-00727 Action Item/Instructions Search for Records in Perfected Request From: stevens, Margo sent: Friday, September 16, 2016 11:59:59 AM (UTC-OS:00) Eastern l1me (US & Canada) To: RlFOIAPA RESOURCE CC: Stevens, Margo; Danoff, Karen Subjed: FOlA/PA-2016-00727 AcHon Item/Instructions Search for Reoords In Pafected Request Offlca Mel M d ~
~~Se .tembc:r 1'. l0t6:~~
IU Tho n,q.-ter bll either ..,..S to pay tho estimaled roa. or hu PfOvlded an advance payment, or thn ll'C 110 billable fta. The n,quat i, now considnd "JIM'foc:1td.* 1ho 0o"8ffll1'lClll lnfOlffllt!oa Specialist for U.. requat ii Mup 6rnu1, who CUI be reached atlOJIS-1141 or Ma[IO,Steyma@nrc.gpy. The FOIA requeet "1ould be procewccl in ICCOldancc with 1K lllandard lllllnldiou (How IO lleapond co a }'OJA R.cqunt) al MLl6ll3A164, NllC Fonn ,11. "Propam Office llClp)IIH co I FOIA ~
~~t, amiable In the NA_C Ferra Libnry for yow UK.~~
You mC11COUR&ed to llltfur mistanoc in pcrfonnina adequate ADAMS .-du if)'OQ baw my dtffieultY doioa* aearc:h. NRC Form 496, 'Report orStaffltelouleel forProcessiq FOIA Jtequats" 11 alto available in the NR.C Fonns Ubrary ror your we. 2
Whan )/OIi rlllp()nd, pleue l'.lllce ~ tut )'OU IN Hilding your raponle IO f'OIA,Jlel()ijl'U lllmt.,ov,
~~well u die Uli.,ed ,pec:lalid.~~
Thank)'IJU, 3
Fro1n: ODanlel~ Cynthia Sent Tuesday, September 20, 2016 12:38 PM To: Dorman, Den; Lew, David; Tifft, Doug; Bickett, Brice; Wamek, Nicole; Crlsden. Cherie X; McLaughlin, Marjorie; Bolger, Allyce; Saenci, Diane; Sheehan, Neit Klukan, Brett
~~Subject:~~
FW: FOIA/PA-2016--00727 Action Item/Instructions Search for Records In Perfected Request due by COB 9/23/16 Altlc:hmtntr. RE: FOIA/PA-2016-00727 Action Jtem/lnStnlctlons Search for Records In Perfected Request due by COB 9/23/16 See below - ORA action complete for FOIA 2016-00727. INon Responsive Record From, Holt, Dennis Sent: Tuesday, September 20, 201611:53 AM To: Pinkham, Laurie <Laurie.Plnkham@)nrc,aav>; ODanlell, tynthla <Cynthla.ODanlell@)nrc-1ov>; COwan, Grace <Grace.CowanCPnrc.10v>; Heater, Keith <Kelth.Heater@nrc,aov>; Powel, Gerry <Gerry.Powell@lnrc..gov>; Mckenzie, Kleta <Kleta.McKenzie@nrc,1ov> Cc: Klukan, Brett <Brett.Ktukan@Pnrc.gov>; Manning, Louis <Louls.Mannlng@nrc,aoV>
~~Subject:~~
RE: FOIA/PA-2016-00727 Action Item/Instructions Search for Records In Perfected Request due by COB 9/23/16 The FOIA was closed out by Margo Stevens today (elllachment). Thank you all for your assistance.
~~Regards, Dennis Holt Region I Help Desk/FOIA 610.337.5050 From: Pinkham, Laurie Sent: Tuesday, September 20, 2016 7:21 liN.~~
To: Holt, Dennis <Dennis.Holt~ nrc.,E.~; ODanlell, c:ynthla <C,:nthli.ODaniell@nrc,1ov>; Cowan, Grace <!i~ce.Co~~.!'C!£!lrc,.t:oy>; Heater, Keith <Kelth.Hea~r@nrc.gov>; Powell, Gerry <Gerry.Powell@>nrc~ov>; McKenzie, Kleta <.~leta,!-1cKenzl~~nrc.!loV>
~~Subject:~~
~~RE: FOIA/PA-2016-00727 Action Item/Instructions Search for Records In Perfected Request due by COB 9/23/16 DRP/DRS Response; We were requested to address items #1 and #2 only:~~
~~~r)(S)~~
Thanks. 1
Laurie Pinkham Administrative Assistant Division of Reo.ctor Projects 610-337-5384 Ft"om: Holt, Dennis Sent: Monday, 5eptember 19, 2016 8:24 AM To: ODanlell, Cynthia <~\'nthl!I.J!D~ll@nrc.~ov>; Cowen, Grace <~c.e.~wan.@nr.f,J;:Ov>; Heater, Keith <Kelth.Heaterie nrc.,r.QY>; Powell, Gerry <Gerry.Powell@nrc.gov>; McKenzie, Klet1 <Kleta.McKenzle~*nrc.c.ov>; Pinkham, Laurie <Laurle.J>l!'!k_hart1@'nrc.rov> Subi.ct: FW: FOIA/PA-2016-00727 Action Item/Instructions Search for Records In Perfected Request due by COB 9/23/16 Importance: High Sorry - forgot the Processing Sheet (attached).
~~Regards, Dennis Holt Region I Help Desk/FOIA 610.337.5060 From: Holt, Dennis~~
'Sent: Monday, September 19, 2016 7:51 AM To: ODanleU, Cynthia <~\'!:!thla.QD~!:!l!!l@'.!fil:J:OV>; Cowan, Grace <5?~.Cowan@.!'!.C:f.(?Y>; HeatM, Keith <~elth.,Heater.@nrc~ov>: Powell, Gerry <Gerry,PoweUfl)nrc,aoy>; MdCenzle, kleta <KletaJ?1~nzle(w!}!f,1--9.y>; Pinkham, Laurie <lr!!!!!e,~l.!:lkha!!le-inrc.g~> Cc: Manning, Louis <Louls.Mannlng@nrc.gov>; Dean, Michael <Mlchael.Dean*ci)!lrc-t9V> SUb)lct: FW: FOIA/PA-2016-00727 Action Item/Instructions Search for Records In Perfected Reque*st due by COB 9/23/16 lmpartance: High Good Day, Please search for and provide records responsive lo the attached FOIA. The FOIA is due by COB 9/23/16. The FOIA request should be processed In accordance with "How lo Respond to an Initial FOIA Request* at MLOOO~S. Also, please complete the attached processing sheet, and confirm receipt of this FOIA. Please pay extra attention to the section marked in yellow. Thank you. Regards, Dennis Holt Region I Help Desk/FOIA 610.337.5050 From: RlFOIAPA RESOURCE Sent: Friday, September 16, 2016 12:00 PM To: Dean, Michael <Michael.Dean,~ nrc.,:ov>; Manning, Louis <Lo!J!s.Mannln~AQY>; Holt, Dennis l
~~<~.Jl'lls.HoJ!~ nrc.:Ji.O_y>; Sl<omsky, April <Aprll.Skomsky@nrc.gav>; Moretto, Matthew <Matthew.Moretto@nrc.gov>~~
Subject FW: FOIA/PA-2016-00727 Action Item/Instructions search for Records In Perfected Request from: Sl2vens, Margo Sent: Friday, September 16, 2016 11:59:59 AM (UTC-05:00) Eastern Time (US & canada) To: R1FOIAPA RESOURCE Cc: Stevens, Margo; Danoff, Keren
~~Subject:~~
FOIA/PA-2016-00727 AcUon Item/Instructions Search ror Records In Perfeaed Request Ollltel Alll!'ud Adlon ca III llabtr 16. :&el,: Rl The requesta" t.s either *areed kl ply the atimalal ks, or las prowled n lldvmce payment. or 1bcR are., blllable rees. "perfecced.. The....,.,.. ls now cona!dcnd lbe a o - 1 ll1fi>ralldoa Spedalllt for ltiiueq_u.tlll Mareo Ste-, wllo cm be1eacl1echtJOJls-81'8 ar M1r11Q.Sleym+,ypy. The FOIA rcqllett '1IOUld be p,ocascd ID aecocdlPce wlGi Ille IIUdatd UIIIIIICtio* (How ID Respond IO
~~FOlA Requa!) at MLJ6113AI ~ - NJtC Form 5i I, "Propatll Office Rapo111e 10 a POlA hq\lelt" la aftilable ill the NI.C Forn Ubrlly fi>r your UN.~~
~~You m: eacou.rqed to 11lt for 1Ni11111ce in perfomina ldeq11a1e ADAMS .-di.* if)'DII have 1111)' difficulty cloins~~
~~tealdl.~~
NllC Form 496, "Ri:port ofStaft'Rtiowces for Proces1ina POJA llequc!ICa" la allO available in die NAC FonDI Libnry far your uc. When y,ou respond, pleue nse Nte that you are MKtina ,our lelpClllR to FOIA.Resource Mlrc. -ov,
~~wdl u the auianed 1Peci&llll.~~
Thmcyou. 3
From: FQIAPABZ Besoorw Tor StcYJ:os, Merpo
~~Subject:~~
RE: NRC-2018--000513 Oater Thursday, M-v 10, 2018 11:03:47 AM You have all of that information when I responded to FOIA/PA 2016-0727. From: Stevens, Margo Sent: Thursday, May 10, 2018 10:39 AM To: FOIAPAR2 Resource <FOIAPAR2.Resource@nrc.go11>
~~Subject:~~
RE: NRC-2018-000513 So - no one still has any documentation from the time my tasking came to you to the time you answered me? Do you have anything in any database that tells you to whom you directed my tasking to make sure that THEY didn't keep anything?
Margo L. Stevens

rm:tt J \11L1f\/.,t/'Tl't1/11 Leadt'I (Q.1n1(X C1111/ /'(I( /()I)
~~OOO/(-i'E'At<;/It!fcir111c1t 1<111 S1*rv1cl'., 'Bnwcli 'U. '>. :N11d1'ar 'l{l'fllllatarv C1>11111m.rnm~~
~~'Alm{ St '!I' 'I::i.T,~~
'l{adh 1fri*. ,'A /,11 vfo11d ,W.'i55 ()(/()/ 1 'Tl>l<'.Pfil>lll' tt: (3(),l ./J<;*81..s8 From: FOIAPAR2 Resource Sent: Thursday, May 10, 2018 10:05 AM To: Stevens, Margo <Man,?o Stevens@nrc eoy>; FOIA Resource <EOIA Resource@nrc.gov>; FOIAPAR2 Resource <[OIAPAR2 Resource@nrc.goy>
~~Subject:~~
~~RE: NRC-2018-000513~~
~~Margo, Region II does not have any records pertaining to this request.~~
Thank you "Van ette 'l'ravicli.
Informatwn Jvtanageme11t S_pec1afrst J(wnan 'Resources 'Brandi 'Region II {404) 997-4827 va11ette.travic[i@nrc.gov
~~":J-('R 1'artnering for Success" From: Stevens, Margo Sent: Wednesday, May 09, 2018 7:17 AM To: FOIAPAOIG Resource <EOIAPAOIG Resource@nrc sov>; FOIAPASECY Resource~~
<EOIAPASECY Resource@occ gov>; RidsACRS_MailCTR Resource <BidsACRS MaHCTR Resource@nrc sov>; RidsNrrMailCenter Resource <BidsNrrMaHCenter Resource@occ goy>; RidsNmssOd Resource <BidsNmssOd Resource@occ.sav>, NRO_FOIA Resource <NRO [OlA.Resource@nrc.gov>; OGC_FOIA_COOROINATOR Resource <OGC COIA COORDINATOR Resource@nrqov>; RESFOIAHelpDesk Resource <RESFOIAHe!pDesk.Resource@nrc gov>; RlFOIAPA RESOURCE <RlFOIAPA,RESOURCE@mc sov>; FOIAPAR2 Resource <EOIAPAB2 Resource@nrc gov>; Janney, Margie <Margie Jan el(@occ gov> Cc: Warner, Deanna <Deanna Warner@nrc eov>; Jones, Kimberly <Kimberly Jones@nrc BOY>; Remsburg, Kristy <Kristi( Remsburs@orc sov>; Hines, Ashley <Ashley Hjnes@nrc eov>; Bartley, Mallon <Mallon Bart!ey@nrc gov>; Kauffman, Lisa <Lisa Kauffman@nrc iOV>; Correa, Yessie <Yessie Correa@orc sov>; Albert, Michelle <Michelle.A!bert@nrc gov>
~~Subject:~~
NRC-2018-000513 Good morning. My apologies for not getting this tasking out yesterday as I had stated I would during our meeting yesterday morning. The day just got away from me. Again, thanks to those of you who were able to attend. As I explained yesterday, because the requester falls within one of the Hfavored feeH categories, he would only be liable for duplication costs; inasmuch as NRC does not charge any requester for duplication if the response, including any released records, are provided electronically, there will be no duplication fees Incurred. As a result, no fee estimate is required, and we are going to move directly to the search. The request is now considered #perfected." Please provide me with your response on or before Wednesday, May 23, 2018. This request asks for six enumerated records, or groups of records. OIG has already provided me the records responsive to item 4, and an Interim response has been issued, so that Item Is taken care of. I will address what Is needed from your offices with respect to each of the remaining five items, starting with item 6:
~~6. This item is looking for the "processing related record~ that your offices generated during the processing of the following FOIA requests. Besides each request, I have listed the offices to which~~
we directed search for document, referral, and/or review tasks. Because I handled most of these requests, I have retained any emails I sent or received about them, as well as any physical communications sent to me by your offices. So you need not/should not proyjde me anvtb ii that has my name on it. But a few of the requests were handled by my colleagues, some of whom are no longer here. So, If my name doesn't appear on any responsive record, please provide it. Here are the requests and the offices that received taskings: FOIA-2016-0607: RES FOIA-2016-0664/2016-0665: RES, SECY, OGC FOIA-2016-0721: RES, NRO, SECY, OIG FOIA-2016-0725: NRR, NRO, SECY, OGC FOIA-2016-0727: NRR, SECY, RI, RII FOIA2016-0731: OIG, NRR, OGC FOIA-2017-0002: NRO, NRR, OGC FOIA-2017-0005: NRR FOIA-201/-0692: SECY FOIA 2017 0695: SECY FOIA 2017 0700: SECY Now, one office may have reached out to another office In one of the above-referenced requests, or in one of these requests for which the FOIA team did not do a tasking: FOIA-2016-0723, FOIA-2016-0780, or FOIA-2016-0786. In the same vein, one staff member within an office may have reached out to another So, please be sure to check whether your office does retain any processing-related records for any of the requests identified.
5. This item is looking for records leading up to and memorializing the decision to remove the listed records from ADAMS. Besides records maintained here in the FOIA Office, a number of your offices had staff involved in that decision. The decision was first discussed in October, and alignment reached in December, 2016. Based upon the email traffic I have, as well as my own FOIA processing-related notes, the following individuals and/or offices were involved and should be asked to conduct a search for responsive records*
Kimyata Morgan-Butler (formerly OCIO, now in NMSS)) Margie Janney, OCIO Adetutu (Grace) Canty, OCIO (she participated ,n the actual removal of the records from ADAMS but if she has anything responsive, she should produce them) Mark Thaggard, RES Suzanne Dennis, RES Jennene Littlejohn, RES (she participated in the actual removal of the records from ADAMS, but if she has anything responsive, she should produce them) Sara Kirkwood (formerly on rotation to Chairman's office, now In OGC) Lisa Clark, OGC Joe McMillan (OIG before his retirement) Ashley Hines, OIG Now, other individuals within these offices may also have had some involvement of which I'm unaware. Hopefully, these individuals will be in the best position to know with whom they may have communicated and those individuals should then be asked to conduct searches as well.
1-3. Since items 2 and 3 are "subsets" of the records requested in item 1, I will discuss them together. As was discussed during yesterday's meeting, Item 1 is asking for all records pertaining to any MOU that NRC entered into with the US Army Corps of Engineers [ACE). Since the request itself refers to MO Us, please confine your response to MOUs (not other forms of inter-agency agreements). The offices that were Identified during yesterday's meeting likely to have knowledge of/involvement in these MOUs are: NMSS, RES, NRR, NRO, and ACRS. There are no temporal parameters, nor specific subject matters/topics of the MOUs specified, nor description as to the types of records about the MOUs that the requester is interested in. Given the breadth, it was agreed that - for the purpose of this tasking - offices having knowledge of, or involvement in, ANY MOUs with ACE will identify them (and produce copies of them to me, or if they are In ADAMS accessible by me as an "NRC User", you can just provide me the ML#). I already have copies of the 07/14/2015 and 02/19/2016 MOUs between ACRS and ACE that were released in a prior FOIA request, and access to the MOUs (If actually posted, rather than just referenced) on the public website, bttps *//www ore goy/readi ng-rm/doc-col lectjons/memo-understan dlng/2008/ bttps*//www.nrc goy/readios-rm/doc-coUectjons/memo-understandiog/2006/. Brad Harvey, NRO, had mentioned a 2006 MOU but I do not appear to have a copy of it. If your office has no responsive records to the particular items you've been tasked to address, please respond with "No records." Please be sure that you Include the NRC Form 496 to capture the time spent by each member of your office on this request. NRC Form 496, "Report of Staff Resources for Processing FOIA Requests,. is also available in the NRC Forms Library. The FOIA request should be processed in accordance with the standard instructions (How to Respond to an Initial FOIA Request) at Ml161SSA088. NRC Form 511, "Program Office Memo" 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 include in your response the following items of Information: (1) the person(s) who conducted the search; (2) whether paper files were searched; (3) whether electronically stored Information was searched; and (4) the key words or phrases that were used to do the searches. NRC Form 511A, "Documentation of Search" is also available in the NRC Forms Library for your use. You are encouraged to ask for assistance in performing adequate ADAMS searches If you have any difficulty doing a search. Any questions, don't hesitate to call/write. Thank you.
~~'A1tl l'[}Cl L Steven., '/ c,J.~\ j \1111/i1,I/71*,1111 Lt>c1dn (C 11111 m, /()I J O l J( )/C1'L'ht.,jJ11 fi1111111111>11 '"' 1*111*., Bi cl 11t II~~
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From: RidsOcaMailCenter Resource Sent: Thursday, January 18, 2018 12:07 PM To: Belmore, Nancy The referred record is awaiting a final
~~Subject:~~
FW: FOlA Assignment for Review for Request NRC-2016-000731 determination in multiple requests, including your NRC-2018-000096 (item 92). From: fola@regulatlons.gov Sent: Thursday, January 18, 2018 2:23:52 PM (UTC+00:00) Monrovia, Reykjavik To: RidsOcaMallcenter Resource
~~Subject:~~
~~[Extemal_Sender] FOIA Assignment for Review for Request NRC-2016-000731 Your office has been assigned FOIA request task - Review. Additional details for this item are as follows:~~
Tracking Number: NRC-2016-000731

Requester: Lucas Hixson

Request Track: Complex

Assigned By: Margo Stevens

Submitted Date: 01 /18/2018

Due Date: 01/31 /2018
~~Description:~~
Each of your offices received a Form 496A referral package yesterday, asking that you provide your disclosure recommendations on certain records compiled by the OIG as part of investigation C 13-055. This "alert" is solely to allow measurement of the program office metrics.
NRC FORM 496A U.S. NUCLEAR REGULATORY COMMISSION FOIA NUMBER (()a-2016) .,,,.-.
~~,~, ~~~
~~1. REFERRAL RELATED TO FOIA REQUEST NRC-2O16-000731~~
\ ..... '/ [Zj INITIAL REQUEST APPEAL OFFICE TO: FOIA COORDINATOR - Nancy Belmore OCA '11at(t?cl./ ~
TELEPHONE NUMBER FROM: FOIA SPECIALIST- Margo Stevens (contractor) (301) 415-8148 Provide your office's concurrence/nonconcurrence In the originating Complele NRC Form 496, "Report of Staff Resources for Processing office's dlsclosise recommendation for each record. FOIA Requests.* Provide a disclosure determination/recommendation for each record, which was Identified by another office as a record for which your office The initial denial of records (FOIA Number) has been appealed. Is responsible, and thal Is subject to this request Copies of the Initial request, denial, end appeal are attached. Have your 1-----------------1 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/ciariflcaUon for reasons noled in the COMMENTS section below. D Other required action as noled In the COMMENTS section below. COMMENTS This is the request flied by Lucas Hixson, formerly FOIA/PA-2016-0731, for the records compiled by the OIG in its investi ation, C13-055 arisin from the Exelon decommissionin enforcement matter . (b)(5) For reference purposes, I've attached a copy of the incoming request. These records are responsive to item 15 of this request. (Please note that these records are also responsive to two subsequently filed requests by the Government Accountability Project and the Union of Concerned Scientists.) SIGNATURE- FOIA COORDINATOR First & Lnt Nam* Indicates Your Electronic Si nature __] NRC FORM 496A (08-201 S) Page 1 of 1
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~~NRC FORM 464 Part I U.S. NUCLEAR REGULATORY COMIIISSION FOIA RESPONSE NUMBER~~
~~\:/¥.\~~
~~(03--2017) RESPONSE TO FREEDOM OF I 2018-0003 11 6 I~~
~~.....- ) INFORMATION ACT (FOIA) REQUEST RESPONSE TYPE 0 INTERIM FINAL .~~
REQUESTER: DATE: Jack K olar, Government Accountability Project II 12/08/2017 I DESCRIPTION OF REQUESTED RECORDS: Records corresponding to items 29, 34, 38, 64, and 97, as further explained in the Comments Section, below. 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,goy/reading-rm/foja/contact-fQi.a..html [Z] 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 endosed. 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 disdosure determination and direct response to you. [Z] We are continuing to process your request. [Z] See Comments. PART I.A - FEES NO FEES AMOUNT' 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 delall*~~
Fees waived. not be charged fees. PART 1.8 - INFORMATION NOT LOCATED OR WITHHELD FROM DISCILOSURE D enforcement We did not locate any agency records responsive to your request. Note: Agencies may treat three d iscrete categories of law 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. [Z] We have withheld certain information pursuant to the FOIA exemp!Jons descnbed, 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 [Z] 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,g~ Please be sure to include on your letter or email that it rs a "FOIA Appeal." You have the nght 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 httgs*//ogi:U!fChilleS.gOlllabQ!.!l*Qgi~/C!lOlslct-infQrmi!l!On btm PART I.C COMMENTS ( Use attach ed Comme nts continuation page If reau lred) T his sixth interim response addresses five additional records, or groups of records, described in your request. A lthough the records bearing ML numbers starting with " 16" have been removed from ADAMS. because the NRC was abl e to locate them by t he accession numbers during the processing of several FOIA requests seek ing the same records within the past year, we have processed the records as described below. We have processed t hese records, tak i:ng into account the privacy waiver furnished by L awrence C r isci one, and to the extent applicable, the privacy waivers of third parties w hose personally identifiable informatio n (e.g., cell phone numbers, email addresses) were included i n some of these records. Slanature
Freedom of Information Act Officer or DHlgnH Distribution Step hanle

A , 8 Ianey Digitally signed by Stephanie A. Blaney Date: 2017.12.08 11:11:31 -05'00' 11 OFFICE ACTION OFFICER FOIA OFFICER NAME MLStevenl}IY" SABlaney PUBLIC ADAMS DATE 1 2/04/2017 12/08/2017 0 NON.PUBLIC ADAMS NRC Form 46-4 Part I (03-2017) Page 1 of 4
NRC FORM 464 Part I U.S. NUCLEAR REGULATORY COMMISSION FOIA RESPONSE NUMBER 103-;017j 1 201s-0003 6 RESPONSE TO FREEDOM OF INFORMATION 11 ACT (FOIA) REQUEST Continued RESPONSE TYPE 0 INTERIM FINAL REQUESTER: CATE: ~k _Kolar, Government Accountability Project 11 12/08/2017 PART I.C COMMENTS (Continu&d) ML16216A709 (item 29) is a copy of an email to various NRC officials. including the FOIA Officer at that time. attaching a letter. in which the sender, Mr. Criscione, raises concerns about the lack of a timely response to several pending FOIA appeals. It is enclosed with this response. ML16232A00I (item 34) is an email from Mr. Criscione to another staff member in the Office of Regulatory Research (RES), to which he attached several form s 655, ADAMS Document Submission: it is enclosed. ML I6236A230 (item 38) is an early draft document. "Generic Issue Program Proposal* Random Failure of an Upstream Dam." The NRC is exercising its discretion to release this record in its entirety; it is enclosed. ML16244A008 (item 64) consists of an email from Mr. Criscione to then-Comm issioner Ostendorff. in which he forwarded an email exchange he had had with another NRC staff member and attached several other records. This emai I and the attached records were previously released in part as MLJ5J28A610; we have revisited the mate rial lhal had been redac!ed pursuant to exemption 5 as it incorporates the deliberative process privilege. We continue to assert exemption 6 for a cell number of another NRC staff member. The record. with the content restored. is enclosed. The November 14. 2012 letter to Senator Boxer is also enclosed with Mr. Criscione's PII restored. in light of the privacy waiver he furnished. In item 97 of your request, you asked for copies of the records responsive to several specified fOIA requests. We note that most of the FOIA requests and the NRC's responses to them have heen included in public ADA MS; we have included the ML numbers for the web packages corresponding to the FOIA request numbers. as applicable). The records that were the subject of FOIA-20 13-0008 (ML14065A198) (which was appealed in 20 13-00 I SA for lack of a timely response and administratively closed once the agency responded to the request). 2013-0013 (ML14065A204 ), 20 13-0127 (ML14065A224) (which was appealed in 2013-001OA for lack of a timely response and administratively closed once the agency responded to the request). 20 IJ-0239 (ML I4065A23J) (which was appealed in 2013-00 18A (MLl4087 A357) for lack of a timely response and administratively closed due to the settlement reached in PEER v. NRC, No. I: I3-cv-00942* RMC (MLI 40651\233 and MLI 3352A34 I); 20 I3-0262 (which was appealed in 20 I3-0022A (MLI 51 I8A439) for lack of a timely response and administratively closed once the agency responded to the request and later appealed as to the denial of n. information in FOIA-20 I5-0027A (MLI 5 155A891 and 2015-0JJ I (which was administratively closed when the requester did not submit a payment for fees that were estimated to exceed $250) all concern the Oconee Nuclear Station. and the risks posed by possible flooding from the Jocassee dam located upstream of the plant. Because the records were the subject of multiple FOlA requests over time. they have been reviewed by subject matter experts on several occasions and re-processed. Ultimately. each of the following records was made available to the public in its entirety. You may find them in public ADAMS as follows: I) ML08 I 640244 2) ML090570779 3) Mll01730329 41 ML101900305 5) ML I03490330 6) MLI0 1610083
7) ML I 11460063 8) ML0rJI 170104 9) ML082750 I06 The agency's initial response co FOIA-2013-0262 was not made publicly availahle; as such, we have enclosed the Form 464 response and released records. Please note that, in light of the passage of time. we have made modest changes to the way in which these pages are being released to you; i.c., ccrttain portion.c; of text, previously marked as "non-responsive", have now been considered responsive. and a few portions of previously redacted text have been restored a.s a matter of discretionary release. Moreover. in light of a privacy waiver provided by David Lochbaum. his Pll has heen restored. However, a personal email address ofa third party appearing on an email that Mr. Criscione (the requester in FOlA-201 3-0262) had
[continued on next page] NRC Form 464 Part I (03-2017) Page 3of 4
NRC FORM 46-4 Prt I U.S. NUC\.EAR REGULATORY COMMISSION ,....FO_IA _ _ __ _ __, RESPONSE NUMBER 1 10 20 7
~ * ) RESPONSE TO FREEDOM OF INFORMATION I 20 18 0003 - 11 6
ACT (FOIA) REQUEST Continued RESPONSE TYPE INTERIM FINAL REQUESTER: CATE: Jack Kolar, Government Accountability Project 11 12/08/20 I 7 PART I.C COMMENTS (Continued) sent, which was not redacted in the FOIA-2013-0262 response to him. has been redacted herein on the basis of exemption 6 as its disclosure would constitute an unwarranted invasion of personal privacy. We continue to assert exemrtions 5 as it incorporates the deliberative process, attorney-client, and/or work product privileges. or exemption 6 for other third parties' personally identifiable information (Pll). respectively. in the material that remains redacted from these records. Finally. the email and accompanying letter that Mr. Criscione wrote (then) Chainnan Macfarlane about Oconee. which were the responsive records in FOIA-20 13-0 127 and 2013-0239, were made publicly available a~ ML13256A370 and \..1L13 256i\372, respectively. with only the author's home address and cell number redacted. Since he has provided a privacy waiver. we have enclosed copies of these two records in their entirety. NRC Form 464 Part I (03-2017) Page 4 of 4
NRC FORM 464 Part II U.S. NUCLEAR REGULATORY COMMISSION FOIA
~~¥' I (03-20171~~
~~.\ /~~
l RESPONSE TO FREEDOM OF 2018-0003#6 I INFORMATION ACT (FOIA) REQUEST DATE: I 12/08/20 17 I PART II.A - APPLICABLE EXEMPTIONS Records subject to the request are being withheld in their entirety or in part under the FOIA exemptlon(s) as Indicated below (5 U.S.C. 552(b)). Exemption 1: The withheld information is properly dassified 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 wi1hheld information is speaficalty 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. wluch prohibits the disclostKe of Unclassified Safeguards Information (42 U.S.C. 2167). 4 t U.S.C. 4702(b), which prohibits the dlsclosure of contntctor proposal$. 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 withheld 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 nudear 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 litigation. [Z] Deliberative process privilege. 12] Attorney worlt product privilege. 0 Attorney-client privilege. E><<emption 6: The withheld Information from a personnel, medical. or s,m~ar file, is exempted from public disdosure because its disclosure would result 0 in a dearly unwarranted invasion of personal privacy. Exemption 7 The withheld information consists of records compoled for law en1ofcement PIKJX)Ses 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 consbtute an unwarranted invasion of personal pnvacy. (D) The information consists of names and other information the disclosure of which could reasonably be expeded to reveal idenbties 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 11.B - DENYING OFFICIAL S 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
~TE OfflCIAL DENYING OFFICIAL TITLE/OFFICE RECORDS DENIED fDO &ICY IStephanie A lllancy 11 FOIA Officer 11 third party PII, internal deliberations I0 IRochelle Bavol 11 Exec Asst 10 the Secreta,y to the Commission 11atty-client advice, work product, deliberations 0
11 I & third party PII I Appea ls must be made in writing within 90 calendar days of the date of this response by sending a letter or em ail to the FOIA Officer, at U.S. Nuclear Regulatory Commission, Washington, D.C. 20555-0001, or EQIA-Bt!UH!C!.!:l@DC!.,gQv. Please be sure to include on your letter or email that it is a "FOIA Appeal." NRC Form 464 Part II (03-2017) Page 1 of 1
NRC FO RM .(64 Pa,t I U.S. NUCLEAR ftEGUU.TOftY COMMISSION FOIA RESPONSE NUMBER (03-2017) ..,~***0c.,
~~/~ .\: - RESPONSE TO FREEDOM OF I 2018-0010 11 6 I~~
~~INFORMATION ACT (FOIA) REQUEST~~
~~RESPONSE~~
'\ . .....l TYPE [ZJ INTERIM FINAL REQUESTER: DATE:
David Lochbaum, Union of Concerned Scientisls I1 12/08/20 17 I DESCRIPTION OF REQUESTED RECORDS: Records corresponding to items 29, 34, 38, 64, and 97. as further explained in the Commenl s Section, below . 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 hl!P.S Jl:Jm/i..r,.rc.g~/r~idi.ng-t:mifQla/cont.i~ ~ J 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 enclose<l. Records subject to the request that contain info,mation originated by or of interest to another Federal agency have been referred to that agency (see comments section) for a disdosure determination and direct response to you. 0 We are continuing to process your request. 0 See Comments. PART I.A - FEES NO FEES A"40uM* You will be billed by NRC for the amount listed. Due IL II You will receive a refund for the amount listed. Minimum fee threshold not met to our delayed response, you will
*!;il!!!e Cornrn9f]t5 for de!a1ls 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 ("e)(clusions..) 5 U S C. 552(c ). This 1s a standard notification given to all requesters. it should not be taken to mean that any e)(c/uded 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 IL Because !his 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 calendar days of the date of this response by sending a letter or e-mail to the FOIA Officer. at U.S. Nuclear Regul.itory Commission. Washington. D.C. 20555-0001. or FOIA.Resovrce@nri;.g,Q.l!. Please be sure to include on your letter or email that 11 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!lsJJi!.!!,...arctiilles.gov/aboyJ~ogis/contacl-inform_i!tion.hlm PART I.C COMMENTS ( Use attached Comments continuation paQe if required) This six th interim response addresses five additional recor ds. or groups of records, described in your request. Although t he records bearing M L numbers starting with" 16" have been removed from ADAMS. because the NRC was able to l ocate them by the accession numbers during the processing of several FOIA requests seeking the same records within the past year. we have processed the records as descri bed beJ.O\\/. We have processed these records. taking into account the privacy waiver furnished by Lawrence Criscione, and to the exlent applicable. the priv acy waivers of third parties w hose personally identifiable information (e.g., cell phone numhcrs, email addressc!>) were i ncluded in !>Orne of these records. Signature - Frffdom of lnfonntlon Act Officer or DnlgnH Distribution Step hanJe
A

Bl aney Digfally signed by Stephanie A Blaney I Date 2017.12.081 1:11 :31 .05*00*
OFFICE ACTION OFFICER FOIA OFFICER NAME MLStevens SABlaney [Z] PUBLIC ADAMS NON-PUBLIC ADAMS DATE 12104/2017 1210812017 NRC Form 464 Par1 I (03-2017) Page 1 of,1
NRC FORM 464 Part I U.S. NUCLEAR REGULAT~Y COMMISSION ,F_O_l_A_ _ _ _ _...., RESF'ONSE NUMBER 1 2 (Ol- 0I?) RESPONSE TO FREEDOM OF INFORMATION I 2018- 0010 11 6 ACT (FOIA) REQUEST Continued RESF'ONSE TYPE 0 INTERIM FINAL REQUESTER: DATE: loavid Lochbaum, L:nion of Concerned Scientists l -., -* 1 ! 12J08/2017 PART I.C COMMENTS (Continued) ML16216A709 (item 29) is a copy of an email to various NRC officials, including the FOIA Officer at that time, anaching a letter. in which the sender. !\Ar. Criscione. raises concerns about the lack of a timely response to several pending FOi A appeals. It is enclosed with this response. ML l 6232A001 (item 34) is an email from Mr. Criscione co another staff member in the Office of Regulatory Research (RES). to which he attached several Fonns 655, ADAMS Document Submission: it is enclosed.
~L 162361\230 (item 38) is an early draft document. "Generic Issue Program Proposal - Random Failure of an Upstream Dam." The NRC is exercising its discretion to release this record in its entirety: it is enclosed.
MLI 6144A008 (item 64) consists of an email from Mr. Criscione to then-Commissioner Ostendorff. in which he forwarded an email exchange he had had with anocher NRC staff member and attached several other records. This email and the attached records were previously released in part as ML 15128A6 l O; we have revisited the material that had been redacted pursuant to exemption 5 as it incorporates the deliberative process privilege. We continue to assert exemption 6 for a cell number of another NRC staff member. The record. with the content restored, is enclosed. The November 14.2012 letter to Senator Boxer is also enclosed with Mr. Crisci one's PII restored. in light of the privacy waiver he furnished. [n item 97 of your request, you asked for copies of the records responsive 10 several specified FOIA requests. We note that most of the FOIA requests and the NRC's responses 10 them have been included in public ADA MS; we have included the ML numbers for the web packages corresponding to the FOIA request numbers. as applicable). The records that were the subject of FOIA-2013-0008 (ML14065A198) (which was appealed in 20 !3-00l 5A for lack of a timely response and administratively closed once the agency responded to the request). 20 13-0013 (Ml.14065A204 ), 20IJ-0127 (ML l4065A224) (which was appealed in 2013-00lOA for lack of a timely response and administratively closed once the agency responded lO the request). 2013-0239 (Ml.I 4065A233 l (which was appealed in 2013-0018A (Ml.14087 A357) for lack of a timely response and administratively closed due to the settlement reached in PEER v. NRC, No. I: I3-cv-00942-RMC (ML l 4065A233 and ML I 3352A34 I): 2013-0262 (which was appealed in 20 l 3-0022A (ML 15 l I8A439) for lack of a timely response and administratively closed once the agency responded to the request and later appealed as to the denial of information in FOIA-20 I 5-0027A (ML 15 I 55A89I )). and 2015-0331 (which was administratively closed when the requester did not submit a payment for fees that were estimated to exceed $250) all concern the Oconee Nuclear Station. and the ri sks posed by possible flooding from the Jocassee dam located upstream of the plant. Because the records were the subject of multiple FOi A requests over time. chcy have been reviewed by subject matter experts on several occasions and re-processed. Ultimately, each of the following records was made available to the public in its entirety. You may find them in public ADAMS as follows: I ) M L0& 1640244 2) Ml .090570779 3) Ml.101730329
4) MLI01900305 5) ML I 03490330 6) M L 101610083

7) MLI 11460063 8) ML09l 170104 9) ML08175010-6 The agency's initial response to FOIA-2013-0262 was not made publicly available; as such, we have enclosed the Form 464 response and released records. Please note that, in light of the passage of time, we have made modest changes to the way in which these pages are being released to you; i.e., certain portions of text, previously marked as "non-responsive", have now been considered responsive. and a few portions of previously redacted text have been restored as a matter of discretionary release. Moreover, in light of a privacy waiver provided by David Lochbaum, his PIJ has been restored. However. a personal email address of a third party appearing on an email that Mr. Criscione (the requester in FOIA-2013-0162) had (continued on next page]
NRC Form 464 Pan I (03-2017) Page 3 of 4
NRC FORM 464 Part I U.S. NUCLEAR REGULATORY COMMISSION FOIA RESPONSE NUMBER 1~20, 11 j 2018-0010 6 RESPONSE TO FREEDOM OF INFORMATION 11 ACT (FOIA) REQUEST Continued
~~RESPONSE~~
INTERIM FINAL TYPE REQUESTER: CATE; )David Lochbaum. Union of Concerned Scientists , 1 12/08/2017 PART I.C COMMENTS (Continued) sent, whkh was not redacted in the FOIA-201 3-0262 response to him. has been redacted herein on the basis oft:xemption 6 as its disclosure would constitute an unwarranted invasion of personal privacy. We cominue co .assert exemptiuns 5 as it incorporates the deliberative process, attorney-client. and/or work product privileges. or exemption 6 for other third parties' personally identifiable infom1ation (Pll ). respectively. in the material that remains redacted from these records. Finally. the email and accompanying letter that Mr. Criscione wrote (then) Chairman Macfarlane about Oconee. which were the responsive records in FOIA-20 IJ-0127 and 2013-0239. were made publicly available as Ml.13256A370 and ML13256A372, respectively, with only the author's home address and cell number redacted. Since he has provided a privacy waiver. we have enclosed copies of these two records in their entirety. NRC Form 464 Part I (03-2017) Page 4 of 4
NRC FORM 46<4 Part II U.S. NUCLEAR REGULATORY CO...SSION FOIA (03,.201 7) ,..,,.,_
~~"¥.~. £' - !~~
~~RESPON.SE TO FREEDOM OF I 20 18-00 10#6 I~~
~~;.... I ..... INFORMATION ACT (FOIA) REQUEST DATE:~~
I 12/08/2017 I PART II.A *- APPLICABLE E XEMPTIONS 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 informat10111s propeliy classified pursuant to an Executive Order protecting national security Information. Exemption 2: The withheld information relates solely to the 111temal 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. which prohibrts the disclosure of Undassified Safeguards lnfonna~on (42 U.S.C. 2167). 41 U.S.C. 4702(b). which prohibits the disclosure of contractor proposals, except when incorporated into the conlr8ct between the agency and the DI submitter of the proposal. Exemption 4: The Withheld infonnallon Is a trade secret or confidential commercial or financial Information that Is being withheld for the reason(s) indicated. The informafion Is considered to be proprietary because ii 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 c:onfidential 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 reoords that are normally privileged in civil litigation. 0 Deliberative process privilege. 0 Attorney wor1t product privilege. 0 Attomey-dient privilege. Exemption 6: The withheld information from a per1000el, medical, or Slm~ar file, is exempted from public disclosure because its disclosure would result 0 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 mterfere with an open enforcement proceeding. (C) Disdosure could reasonably be expected to c:onstrt:ute 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 oonfidential sources. (E) Disclosure would reveal techniques and prooedures for law enforcement investigabons or prosecutions. or guidelines that could reasonably be expected to risk circumvent1011 of the law. (F) Disclosure could reasonably be expected to endanger the life or physical safety of an Individual. Other 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 reg ulations, the offlclal(s) listed below have made the determination to withhold certain information responsive to your request A"'f_L&.ATE OfftCIAL DENYING OFFICIAL TITLE/OFFICE RECORDS DENIED [ 00 IICY IStephanie A Blaney 11FOIA Officer 11 third pany PII. 1n1ernal deliberations I0 IRochelle Bavol 11 Exec Asst 10 the Secretary 10 the Comm1ss1on I Iall)*clltnt advice; work product. delibcrauons I 0 II I & third party PH 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 EQIA,ResouC1.e@orc,gQv. Please be sure to Include on your letter or email that it Is a " FOIA Appeal." NRC Form 464 Part II (03-2017) Page 1 of 1}}

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