ML18017A015

NRC-2018-000199 - Appeal Response Letter to NRC-2018-000003

ML18017A015
Person / Time
Issue date:	01/11/2018
From:	David Nelson NRC/OCIO
To:	Tarver J - No Known Affiliation
References
FOIA, NRC-2018-000199
Download: ML18017A015 (5)

Text

UNITED-STATES NUCLEAR REGULATORY COMMISSION WASHINGT~~ D.C. 20555--0001 JAN t 1- 2018 IN RESPONSE REFER TO:

NRC-2018-000199 NRC-2018-000003 Mr. Julian Tarver Washington State Penitentiary IMU South H-2 1313 N 13th Avenue Walla Walla, WA 99362

Dear Mr. Tarver:

On behalf of the U.S. Nuclear Regulatory Commission (NRC), I am responding to your letter dated December 8, 2017, in which you appealed the agency's November 28, 2017 response related to your November 3, 2017 Freedom of Information Act (FOIA) request, NRC-2018-000003. Your request sought the "report of Office of Inspector General [OIG] internally generated documents for period FY2009-Q4 that did not appear to meet the policy for released to the public. Found under ML092790530." You appealed the "no record" response.

Acting on your appeal, I have considered the matter and have determined that the "no record" response you received was appropriate. Therefore, I have denied your appeal.

The particular document you requested, ML092790530, is a "scorecard" that reflects OIG's 100% conformance with the NRC's release policy. *As such, it does notreflect'any OIG records that did not appear to meet the NRC's release policy, which is what you requested. However, as a one-time courtesy to you, ram enclosing a copy of this scorecard.

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David J. Nel

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Chief lnforma ien'bfficer Office of the Chief Information Officer

Enclosure:

As stated

Public Release TimeUness (PRT) Report o~ Internally Generated Documents Period Covered for this Report: July 1, 2009 through September 30, 2009 (Based on Date Actually Released to PARS)

OIG

• 23 out of 23 documents (100.0%) appear to conform to release pollcy Agency policy regarding the "timely release" of publicly available documenfs to the public ls provided In the agency's Yellow Announcement YA-00-0039 "Revised Polley Goal on Timing the Release of Documents to the Public In the ADAMS Environment" (Issued May 22, 2000). This policy states, In part, that "Documents produced by the staff addressed to external entitles are to be released 5 full working days after the date of the document." In addition, the policy states that "Documents produced by the staff addressed to other internal addressees or documents with no specific addressee shall be released 5 full working days after the date of the document." '

The purpose of the Publlc Release timeliness (PRT) Report is to specifically Identify (by accession number) documents within a defined period which appear not to have been released to the public within the time frame specified under NRC agency policy.

Certain NRC documents have a different time period for public release, as stipulated under Yellow Announcement YA-00*0039, which needed to be factored Into this report generator as exceptions. In order to effectively filter these "exception" documents out, the staging queue criteria listed below was used to stage documents for this report. In addition to the criteria referenced In the Yellow Announcement, "Document Date" and "Keyword" criteria was applied to exempt retrofit documents from being Included. Staged documents were then run through en automated process to Identify those which did not appear to have been released to the public ln_accordance with the NRC release policy, under the five working day rule. This report includes documents addressed to all NRC offices (sorted by office) that were replicated to the ADAMS Publicly Available Records System (PARS) Library during the Period of Report date range defined at the report prompt.

Staging Queue Criteria

• Date Copied to PARS ... wlthln date range entered et "Period of Report" prompt (except 25-oct-2007 to 16-nov-2007)

• Author Afflllatlon ... llke ... NRC/OIG*

• Document Date ...ls after ... One year prior to PRT report 'Start* date entered at "Period of Report" prompt Exceptions

• Added By User... equal ... capture

• Author Afflllatlon ... llke ... NRC/ACMUI

• Case/Reference Number ... like ... *FOIA*

• Docket Number...llke ...030*

• Document Type ... equal ... Agreement States-Regulations Review

• Document Type ...equal ... Commission Action Memoranda (COM)

• Document Type ... equal. .. Commlsslon SECY Paper

• Document Type ...equal ... Commlsslon Staff Requirements Memo (SRM)

• Document Type ...equal ... Commlsslon Voting Record (CVR)

• Document Type ... equal...Commlttee Letter Report

• Document Type ... equal ... Congresslonal Correspondence

• Document Type ... equal ... Emergancy Preparedness-Emergency Plan and Post Exercise Evaluation (FEMA)

• Document Typa ... equal ... Emergency Preparedness-Emergency Plan Exercise Objectives and Scenario

• Document Type ...equal ... Emergency Preparedness-Review of Emergency Plan Exercise Objectives and Scenario

• Document Type ... equal ... Enforcement Action

• Document Type ... equal. .. Enforcement Notification

• Document Type ... equal ... Federal Register Notice

• Document Type ... equal...FOIA/Prlvacy Act Response to Requester

• Document Type ... equal ... Legal-Exhiblt

• Document Type ... equal ... Legal-Pre*Flled Exhibits

• Document Type ... equal ... Llcense-Operator License exam, Draft

• Document Type...equal ... Llcense-Operator, Form 396, Certification of Medical Examination

• Document Type ... equal ... Llcense-Operetor, Form 398, Personal Quallficetlon Statement

• Document Typa ... equel. .. Llcense-Operator, Form 474, Simulation Facility Certification

• DocumenM"ype ...equal ... Llcense-Operator, Other HQ end Regional Correspondence

• Document Type ... equal. .. Llcense-Operetor, Part 55 Examination Related Material

• Document Type ... equel ... Managemant Directive

• Document Type ... equal...Meetlng Transcript Report Created on 6-0ct-09 Cover Page 1

Staging Queue Criteria

• Exceptions (continued)

• Document Type ... equal ...NUREG

• Document Type ... equal ... NUREG, Draft

• Document Type ... equal...OCFO Fee Polley Documentation

• Document Type ...equal ... OMB Clearance Material

• Document Type ... equal...Prlvacy Impact Assessment

• Document Type ... equal ... Regulatory Gulde

• Document Type ... equal ... Regulatory Gulde, Draft

• Document Type ... equal ... Route Approval Letter to Licensee

• Document Type ... equel...Safety end Compliance Inspection Record, NRC Form 591

• Keyword ... llke... *+rur*

• Keyword ... like ... *NRR/DLR/OGC Email*

• Keyword ... llke ...*oMB 300*

• Keyword ... llke ... *Redactad Public Version*

• Keyword ... like ... *Retroflt*

• Tltle ...llke ... *certilied Index*

• Tltle ...llke ... COMSECY*

• Tltle .. .llke ... SECY*

• Keyword ... llke ... *MLRoot*

• (Document Type... equal ... Meetlng Agenda) ... and ... (Author Afflllatlon ... llke ... NRC/ACRS*)

(Document Type ... equal ... Meetlng Agenda) ...and ... (Author Affltietion ... like ... NRC/ACNW*)

• (Document Type ... eq'ual... Meeling Minutes) ... and ... (Author Affillatlon ... equal...NRC/CRGR)

• (Document Type ... equal ... Legal-Hearlng Transcript) ...and ... (Author Afflllatlon ... llke ... NRC/ASLBP*)

Release Compliant Criteria

• Documents Included In the "staged queue" set (based on criteria listed above) which were actually "Copied to PARS" more than six (6) workdays after their "Document Date", are listed on the following detailed page(s).

Report Created on 6-0ct-09 Cover Page 2

NRC Internal Documents That Appear to Meet Policy for Release to the Publlc 1-Jul-2009 to 30-Sep-2009 Policy Staff Actual OIG

• 23 out of 23 documents (100.0%) documents appear to conform to Document Release DPC Folder Release Release release pollcy Author Affiliation Date Date Date Date Date NRC/OIG

• 0 out of 3 documents (0.0%) documents do not appear to conform to release policy Report Created on 6-0ct-09 Page 1

NRC Internal Documents That Appear to Meet Polley for Release to the Public 1-Jul-2009 to 30-Sep-2009 Policy Staff Actual OIG

• 23 out of 23 documents (100.0%) documents appear to conform to pocument Release DPC _Folder Release Release release policy Author Affiliation Date Date Date Date Date NRC/OIG/AIGA * -~ ~u! of 29 docum.ents (O.Oo/~) do~uments *de, n_ot appear to_ conform to re_lea~e policy Repdrt Created on 6-0ct-09 Page 2