ML22069A038

NRC-2022-000097 - Resp 1 - Final, Agency Records Subject to the Request Are Enclosed, Part 4 of 21

ML22069A038
Person / Time
Issue date:	03/03/2022
From:	NRC/OCIO
To:
Shared Package
ML22069A029	List: ML22069A030 ML22069A031 ML22069A032 ML22069A033 ML22069A034 ML22069A035 ML22069A036 ML22069A037 ML22069A038 ML22069A039 ML22069A040 ML22069A041 ML22069A042 ML22069A043 ML22069A044 ML22069A045 ML22069A046 ML22069A047 ML22069A048 ML22069A049 ML22069A050 ML22069A051 ML22069A052
References
FOIA, NRC-2022-000097
Download: ML22069A038 (3)

Text

NRC FORM 464 Part I U.S. NUCLEAR REGULATORY COMMISSION NRC RESPONSE NUMBER (04-2018)

RESPONSE TO FREEDOM OF NRC-2020-000003 3 INFORMATION ACT (FOIA) REQUEST RESPONSE INTERIM FINAL TYPE

REQUESTER: DATE:

Bobbi Vaughn Jr. 01/17/2020

DESCRIPTION OF REQUESTED RECORDS:

I am requesting the original certificate of compliance document(s); memorandas; e-mails; pertaining to the NRC issuing the initial certification decision for uranium enrichment plants in Paducah, KY and Piketon, OH (USEC). These original documents/certification were approved approximately around the dates of November 16th, 1996 - November 27th, 1996.

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.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.

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.

We are continuing to process your request.

See Part I.D -- 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.

$0.00 You will receive a refund for the amount indicated. 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 FOIA.resource@nrc.gov. 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 Liaison or the Office of Government Information Services (OGIS). To seek dispute resolution services from OGIS, 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 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 (04-2018)

RESPONSE TO FREEDOM OF NRC-2020-000003 3 INFORMATION ACT (FOIA) REQUEST RESPONSE INTERIM FINAL TYPE

PART I.D -- COMMENTS

Please note:

The NRC already released two interim responses to you.

This is the third partial response to your request.

The following responsive records are being released in their entirety:

73071 232-254 73075 245-268 73101 345 90517 133-153 90551 340 90637 350 90637 1-23 90637 345-349 90658 67-219 90666 288-310 90667 39-46 90679 233-234 90816 30-48 90825 215-222 90881 227-229 90948 329-356 90952 214-218 91003 345-359 91050 115 90161 331-332 91133 226-234 91191 302-306 91233 359 91623 300-311 91623 312-315 91635 346-349 91635 350-353 91661 120-125

This is the BEST copy available

The NRC is still awaiting several outstanding disclosure determinations.

Signature - Freedom of Information Act Officer or Designee Stephanie A. Blaney Digitally signed by Stephanie A. Blaney Date: 2020.01.17 07:25:32 -05'00' NRC FORM 464 Part II U.S. NUCLEAR REGULATORY COMMISSION NRC (04-2018)

RESPONSE TO FREEDOM OF NRC-2019-000347 INFORMATION ACT (FOIA) REQUEST DATE:

07/14/2020

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 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

Other:

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 of confidential business (proprietary) information.

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

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

Deliberative process privilege.

Attorney work product privilege.

Attorney-client privilege.

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

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

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

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

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

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

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

Other:

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

APPELLATE OFFICIAL DENYING OFFICIAL TITLE/OFFICE RECORDS DENIEDEDO SECY

Stephanie Blaney responsive recordsFOIA Officer

Select Title/Office from drop-down list

Select Title/Office from drop-down list

Select Title/Office from drop-down list

NRC Form 464 Part II (04-2018)