ML18232A008

NRC-2018-000389 - Resp 1 - Final

ML18232A008
Person / Time
Issue date:	08/17/2018
From:	Stephanie Blaney NRC/OCIO
To:	Tarver J - No Known Affiliation
Shared Package
ML18232A007	List: ML18232A008 ML18232A009
References
FOIA, NRC-2018-000389
Download: ML18232A008 (6)

Text

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

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i RESPONSE TO FREEDOM OF I NRC 2018 00038911 1 I

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($'! INFORMATION ACT (FOIA) REQUEST RESPONSE l ~"

• • *, ... + TYPE D INTERIM [ZJ FINAL REQUESTER: DATE:

!Julian Tarver 08/17/2018 11 I DESCRIPTION OF REQUESTED RECORDS:

Forms 790, 705, 704, 703, 187, 126 and 124 PART I. -- INFORMATION RELEASED D The NRC has made some, or all, of the requested records publicly available through one or more of the following means:

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

[ZJ Agency records subject to the request are enclosed.

Records subject to the request that contain information originated by or of interest to another Federal agency have been referred to D that agency (See Part I.D -- Comments) for a disclosure determination and direct response to you.

D We are continuing to process your request.

[ZJ See Part I.D*-- Comments.

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

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

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

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

PART 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"). See 5 U.S.C. 552(c). This is a standard notification given to all requesters; it should not be taken to mean that any excluded records do, or do not, exist.

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

D Because this is an interim response to your request, you may not appeal at this time. We will notify you of your right to appeal any of the responses we have issued in response to your request when we issue our final determination.

D 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.!JQY. You may fax an appeal to (301) 415-5130. Or you may submit an appeal through FOIA Online, https://foiaonline.regulations.gov/foia/action/public/home. Please be sure to include on your submission that it is a "FOIA Appeal."

PART I.C -- REFERENCES AND POINTS OF CONTACT You have the right to seek assistance from the NRC's FOIA Public Liaison by submitting your inquiry at https://www.nrc.gov/reading-rm/

foia/contact-foia.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 Liais*on or the Office of _

Government Information Services (OGIS). To seek dispute resolution services from OGIS, you may e-mail OGIS at Qgis@nara.gov, send a fax to (202) 7 41-5789, or send a letter to: Office of Government Information Services, National Archives ,and Records Administration, 8601 Adelphi Road, College Park, MD 20740-6001. For additional information about OGIS, please visit the OGIS website at https: //www.archives.gov/ogis.

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

RESPONSE TO FREEDOM OF INRC 2018 00038911 1 INFORMATION ACT (FOIA) REQUEST RESPONSE TYPE D INTERIM 1, 1 FINAL PART 1.0 -- COMMENTS Please note:

According to the NRC master forms* database, we do not have any forms numbered 124, 703, 704 or 705.

Copies of the additional forms you requested, forms 790, 187 and 126 are enclosed.

Signature - Freedom of Information Act Officer or Designee

\: Digitally signed by Stephanie A. Blaney 1

I Stephanie A. Blaney 1

/\Date: 2018.08.17 09:35:35 -04'00'

NRG FORM 126 U.S. NUCLEAR REGULATORY COMMISSION (5-1999)

NRCMD 12.2 CLASSIFIED DOCUMENT RECEIPT TO POSTAL NUMBER DATE MAILED INSTRUCTIONS

1. Verify addressee's classified mailing address.

2.

FROM Describe doc.ument by subject, or title and originator. List Secret and accountable Confidential enclosures. Indicate type of document, e.g., letter, report, or drawing.

3.

Show classification and extra markings.

4.

Forward original and duplicate to addressee.

5.

Retain copy pending return of signed original bv addressee DOCUMENT NUMBER DATE OF COPY NUMBER CLASSIFI*

DESCRIPTION -- (MUST BE UNCLASSIFIED) (IF NUMBERED) DOCUMENT AND SERIES CATION TO AVOID TRACER ACTION, PLEASE SIGN AND RETURN THIS RECEIPT TO SENDER IMMEDIATELY.

I have received the document(s) listed above and assume responsibility for safeguarding in accordance with securitv requlations.

• SIGNATURE OF ADDRESSEE OR NAME OF ADDRESSEE DATE RECEIVED FOR ADDRESSEE BY DATE AND SIGNATURE OF RECIPIENT NRG FORM 126 (5-1999)

NRC FORM 187 (03-2017)

NRCMD12 "

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'e. CONTRACT SECURITY AND/OR U.S. NUCLEAR REGULATORY COMMISSION I!! "0 C

~  : CLASSIFICATION REQUIREMENTS

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1. Type of Submission 3. Contractor ComDanv Full Name and Complete Address {Prime Contractor>

Select Type of Submission or Fill in ...

2. Type of Contract ISelect Type of Contract I

4. Contract Number, IAA Number, or Job Code for DOE Projects 5. Contract Start Date 6. Contract End Date 11 11 I

7. Is this contract a follow-on contract? If "Yes", provide previous Contract Number, 8. Contractor Cage Code or DOE Facility Code IAA Number, or Job Code.

OYes ONo I I I

9. Contract Performance Requirements A. Will the contract require access to classified matter (information, systems, and/or material) (e.g., 32 CFR Part 2004 or MD 12.2)?

D Yes (continue) D No (If "No", proceed to Block 9.E.)

B. What is the highest level of classified matter the contractor will. need to access to perform contract responsibilities?

ISelect l st Level of Classification I ISelect 2nd Level of Classification I C. To carry out requirements of the contract, will the contractor need to possess, generate, or store classified matter at the contractor facility location?

D y ( f es con mue

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D No (If "No", proceed to Block 9.E.)

D. Choose all that apply: In regards to classified matter, the contractor will require:

D 1) Access to Foreign Intelligence Information D 2) Receipt and storage (i.e., safeguarding) of classified matter D 3) Access to cryptographic material or other classified COMSEC information D 4) Access to classified matter or information processed by another agency D 5) Use of a classified information technology processing system D 6) Generation of classified at Contractor facility location D 7) Generation of classified matter at an NRC facility E. Will the contractor require access to Safeguards Information (SGI) or Safeguards Information - Modified Handling Information (e.g., MD 12.7, 10 CFR 73.21, 73.22, and/or73.23)? D Yes D No F. Will the contractor possess, generate, or store SGI or SGI-M at the contractor facility?

D Yes D No G. Will the contractor require access to any Sensitive Unclassified Non-Safeguards Information (SUNSI) or sensitive information technology (IT) Systems (e.g., MD 12.6)? D Yes D No H. Will the contractor possess, generate, or store SUNSI or have access to NRC sensitive IT systems at the contractor facility? D Yes D No I. Was, "Yes", checked to Block 9.A., or Block 9.C.?

(If "Yes", then a Facility Clearance is required to be issued for the contractor and any known sub-contractors by the Facilities Security Branch before final contract award and before work can begin on the contract.)

D Yes D No J. Choose all that apply:

D 1) Unescorted Access is required to Nuclear Power Plants.

D 5) Require operation of government vehicles or transport passengers for the NRC.

D 2) Access is required to Safeguards Information.

D 6) Will operate hazardous equipment at NRC facilities.

D 3) Access is required to Sensitive IT Systems and Data.

D 7) Required to carry firearms.

D 4) Unescorted Access to NRC Headquarters, Region, or Technical Training Facility. D 8) Found to use or admit to use of Illegal drugs.

NRC FORM 187 (03-2017) Page 1 of4

NRC FORM 187 CONTRACT SECURITY AND/OR U.S. NUCLEAR REGULATORY COMMISSION (03-2017)

NRCMD 12 CLASSIFICATION REQUIREMENTS (Continued)

10. Classification and/or Designation Guidance (to be completed by the COR if contractor will have access to SGI and/or Classified information).

11. Does this contract contain any subcontractors?

If "No", Leave area blank. (Note: It is the responsibility of the COR to notify FSB if the contractor adds a subcontractor to the D Yes D No contract during the execution of the contract. The sub-contractors may require a facility clearance before work can be allowed).

Subcontractor Company name, address and Defense Security Service cage code. (if applicable)

12. Review of contractor/subcontractor reports, documents for classified, SGI, SGI-M, and/or SUNSI will be reviewed by:

Typed or Printed Name and Title of NRC Employee to reviev,, for SUNSI I

I Typed or Printed Name and Title of a Qualified Designator for SGI and SGI-M (i.e., person must be qualified per MD 12.7)

I Typed or Printed Name and Title of Authorized Derivative Classifier (for Classified Information)

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13. Required Distribution of NRC Form 187 for Review (Check all appropriate boxes)

D 1) Originating NRC office or Division (Item 14A.)

D 3) Division of Facilities and Security (Item 14C.)

D 2) lnformajion Security Branch Chief (If contractor has access to classified information and/or SGI) (Item 14B.) D 4) Division of Acquisition Management (Item 14D.)

14. Approvals .

A. Typed or Printed Name of Director, Office or Division Signature Date I I B. Typed or Printed Name of Chief, Information Security Branch Signature Date I

C. Typed or Printed Name of Director, Division of Facilities and Security Signature Date I

I I D. Typed or Printed Name of Director, Acquisitions Management Division Signature Date I

I REMARKS NRG FORM 187 (03-2017) Page 2 of4

NRC FORM 790 U.S. NUCLEAR REGULATORY COMMISSION APPROVED BY 0MB: NO. 3150-0052 EXPIRES: 03/31/2019 (06-2016) Estimated burden per response to comply with this mandatory information collection request 6 minutes. This

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submittal is required by NRG to report classification or declassification of documents in accordance with

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o,,.0 CLASSIFICATION RECORD Executive Order 13526. Send comments regarding burden estimate to the FOIA, Privacy, and Information Collections Branch (T-5 F53), U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, or by

~ ~: 0 Authorized classifiers MUST COMPLETE THIS FORM for each classification or declassification review performed. Enter e-mail to lnfocollects.Resource@nrc.gov, and to the Desk Officer, Office of Information and Regulatory

\_.. oj Affairs, NEOB-10202, (3150-0052), Office of Management and Budget, Washington, DC 20503. If a means only the number of characters required in each space.

"........... ~ used to impose an information collection does not display a currently valid 0MB control number, the NRC may not conduct or sponsor, and a person is not required to respond to, the information collection.

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S.ECTION A .. JO BE COMPLETED FOR ALLCLASSIFICATION ,ACTIO'NS *** .. }'

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1. AUTHORIZED CLASSIFIER"S NAME /Last, First, M.ll 2. AUTHORIZED CLASSIFIER'S NUMBER 3. FORM COMPLETION DATE (MM/DD/YYYY)

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4. DOCUMENT TITLE 5. FACILITY/OFFICE SYMBOL 6. DOCUMENT DATE (MM/DD/YYYY)

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7. TYPE OF ACTION 8. OVERALL CLASSIFICATION CODE I Select Type of Action II SECTION B - TO BE COMPLETED FOR ORIGINAL CLASSIFICATION ACTIONS Select Overall Classification Code I

9. REASON FOR CLASSIFICATION (Select all that apply) 10. DECLASSIFICATION INSTRUCTION D (a) military plans, weapons systems, or operations; D 1 DATE IN 10 YEARS OR LESS (Complete Item 11 and Skip Item 12)

D (b) foreign government information; D 2 EVENT IN 10 YEARS OR LESS (Skip Item 11 and Complete Item 12)

D (c) intelligence activities (including covert action), intelligence sources or methods, or cryptology; D 3 DATE NOT TO EXCEED 25 YEARS (Complete Item 11 and Skip Item 12)

D (d) foreign relations or foreign activities of the United States, including confidential sources; D 4 25X EXEMPTION WITH DATE (Complete Item 11 and Skip Item 12)

D (e) scientific, technological, or economic matters relating to the national security; D 5 25X EXEMPTION WITH EVENT (Skip Item 11 and Complete Item 12)

D (f) United States Government programs for safeguarding nuclear materials or facilities; D 6 SOX EXEMPTION WITH DATE (Complete Item 11 and Skip Item 12)

D (g) vulnerabilities or capabilities of systems, installations, infrastructures, projects, plans, or protection services relating to the national security; or D 7 SOX EXEMPTION WITH EVENT (Skip Item 11 and Complete Item 12)

D (h) the development, production, or use of weapons of mass destruction.

11. DECLASSIFICATION DATE (MM/DD/YYYY) 12. DECLASSIFICATION EVENT I 11 I I

SECTION C* -TO BE COMPLETED FOR DERIVATIVE CLASSIFICATION ACTIONS  !

13. AUTHORIZED SOURCE FOR CLASSIFICATION AND SOURCE DATE

14. DECLASSIFICATION INSTRUCTION D 1 DATE IN 10 YEARS OR LESS (Complete Item 15 and Skip Item 16)

D 2 EVENTIN 10 YEARS OR LESS (Skip Item 15 and Complete Item 16)

D 3 DATE NOT TO EXCEED 25 YEARS (Complete Item 15 and Skip Item 16)

D 4 25X EXEMPTION WITH DATE (Complete Item 15 and Skip Item 16)

D 5 25X EXEMPTION WITH EVENT (Skip Item 15 and Complete Item 16)

D 6 SOX EXEMPTION WITH DATE (Complete Item 15 and Skip Item 16)

D 7 SOX EXEMPTION WITH EVENT (Skip Item 15 and Complete Item 16)

D 8 NO FUTURE ACTION (Skip Item 15 and Item 16)

15. DECLASSIFICATION DATE (MM/DD/YYYY) 16. DECLASSIFICATION EVENT I 11 I SECTION D - TO BE COMPLETED FOR DECLASSIFICATION ACTIONS I

17. REASON FOR DECLASSIFICATION REVIEW 18. NUMBER OF PAGES DECLASSIFIED D 1. MANDATORY REVIEW D 3. CHALLENGE REQUEST D 5. FOIA APPEAL D 2. SYSTEMATIC REVIEW D 4. FOIA REQUEST D 6. AUTOMATIC DECLASSIFICATION I I NRC FORM 790 (06-2016) Page 1 of 1 11 Submit by Email *1 L