ML19106A200

NRC-2019-000247 - Resp 1 - Interim. Agency Records Subject to Request Are Enclosed

ML19106A200
Person / Time
Issue date:	04/11/2019
From:	Stephanie Blaney NRC/OCIO
To:	Winter V O'Melveny & Meyers LLP
Shared Package
ML19106A205	List: ML19106A199 ML19106A200 ML19106A201 ML19106A202 ML19106A203 ML19106A204
References
FOIA, NRC-2019-000247
Download: ML19106A200 (3)

Text

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

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RESPONSE TO FREEDOM OF INRC-2019-00024711 I I

f~*~ INFORMATION ACT (FOIA) REQUEST

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..... ~fl l RESPONSE TYPE 0 INTERIM D FINAL REQUESTER: DATE:

lvision Winter 04/11/2019 11 I DESCRIPTION OF REQUESTED RECORDS:

(1) FOIA requests/responses related to Hunters Point Naval Shipyard (HPNS) since 2009; (2) records relating to procure-ment and execution of all contracts/agreements with Tetra Tech entities, (3) records of communications with, or reflecting work done by Tetra Tech; and (4) allegations of misconduct, fraud, etc. with respect to Tetra Tech's remediation, at HPNS.

PART I. --INFORMATION RELEASED

[Z] 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/read ing-rm/adams.htm l; (3) microfiche available in the NRC Public Document Room ; or FOIA Online, https://foiaonline.regulations .gov/foia/action/public/home .

[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 D that agency (See Part I.D -- Comments) for a disclosure determination and direct response to you.

[Z] We are continuing to process your request.

[Z] See Part I. D -- Comments.

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

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

D You will receive a refund for the amount indicated.

Due to our delayed response, you will not be 11 11 D Fees waived . D 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 D 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.

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

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

PART 1.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/

fo ia/contact-fo 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 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 bttps://www.archives .gov/ogis.

NRC FORM 464 Part I U.S. NUCLEAR REGULATORY COMMISSION NRC RESPONSE NUMBER RESPONSE TO FREEDOM OF INRC-2019-000241 II I INFORMATION ACT (FOIA) REQUEST RE~~~SE I./ I INTERIM D FINAL PART I.D -- COMMENTS This interim response addresses the first part of your request. We are providing , on a CD, copies of the non-publicly available FOIA requests and the office's FOIA responses, including released records . Please note that the requester in NRC-2019-000238 submitted his request by entering a description of the requested records directly in FOIA Online. No separate request was submitted . We have included on the CD a copy of the FOIA Online-generated assignment that contains the description of the request. Please also note that NRC-2019-000238 is still being processed so no response has yet been issued . One additional prior FOIA request and agency response is publicly available in ADAMS (the NRC's official record-keeping system) under the following accession numbers: ML15034A338 and ML15068A135.

Records with an ML accession number are publicly available in the NRC's Public Electronic Reading Room at HTIP:www.nrc.gov/reading-rm .html. If you need assistance in obtaining these records, please contact the NRC's Public Document Room (PDR) at 301-415-4737, or 1-800-397-4209, or be email to PDR.Resource@nrc.gov.

Signature - Freedom of Information Act Officer or Designee Digitally signed by Stephanie A. Blaney Stephanie A. Blaney Date: 2019.04.11 11 :48:57 -04'00'

NRC FORM 464 Part II U.S. NUCLEAR REGULATORY COMMISSION NRC (04-2018)

...,-N-R-C--2-0-1-9--0-00_2_4~7, RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST DATE:

1 0411112019 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.

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

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

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

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

D 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 Other:

r7] Exemption 4: The withheld information is a trade secret or confidential commercial or financial information that is being withheld for the reason(s)

L!J 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) .

[ZJ The information is considered to be another type of 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).

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

[ZJ Deliberative process privilege.

D Attorney work product privilege.

D Attorney-client privilege.

Exemption 6: The withheld information from a personnel, medical, or similar file , is exempted from public disclosure because its disclosure would result

'11 L!J in a clearly unwarranted invasion of personal privacy.

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

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

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

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

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

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

D Other:

PART 11.B -- DENYING OFFICIALS In accordance with 10 CFR 9.25(g) and 9.25(h) of the U-5. Nuclear Regulatory Commission regulations, the official(s) listed below have made the determination to withhold certain information responsive to your request.

APPELLATE OFFICIAL DENYING OFFICIAL TITLE/OFFICE RECORDS DENIED EDO SECY I Stephanie Blaney FOIAOfficer 11 Proprietary, PII , Deliberative 0 D 11 I D D Select Tiije/Office from drop-down list I 11 I I D D Select Tiije/Office from drop-down list I 11 I I D D Select Tiije/Office from drop-down list I 11 11 NRC Form 464 Part II (04-2018)