ML19043A894

NRC-2019-000140- Resp 2 - Final

ML19043A894
Person / Time
Issue date:	02/08/2019
From:	Stephanie Blaney NRC/OCIO
To:	Witmer C Atlee Hall, LLP
Shared Package
ML19043A914	List: ML19043A894 ML19043A904
References
FOIA, NRC-2019-000140
Download: ML19043A894 (3)

Text

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

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2019 000140 2

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INFORMATION ACT (FOIA) REQUEST 11

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1. RESPONSE TYPE D INTERIM [Z] FINAL REQUESTER: DATE:

lcarmela Witmer *I I 02/08/2019 I

DESCRIPTION OF REQUESTED RECORDS:

Records regarding License No.: 37-30075-01:

( continued on next page)

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:

D (1) https://www ore.gov; (2) public APAMS, 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.

[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.

D We are continuing to process your request.

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

PART I.A -- FEES AMOUNT

[Z] You will be billed by NRC for the amount indicated.

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

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

I $140.90 D Fees waived. D Due to our delayed response, you will not be 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.

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 D the responses we have issued iri response to your request when we issue our final determination.

[ZJ 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.

lfwe 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 Jetter to: Office of Government Information Services, National Archives and Records Administration, 8601 Adelphi Road, College Park, MD 207 40-6001. For additional information about OGIS, please visit the OGIS website at httgs://www.archives.gQyJ_Qgis.

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

RESPONSE TO FREEDOM OF 1 2019 000140 11 2 INFORMATION ACT (FOIA} REQUEST RE~~~SE D INTERIM I./ I FINAL PART I.D -- COMMENTS Request

Description:

Records regarding License No.: 37-30075-01:

(1) Any/all reports of serious incidents involving a gamma knife machine from 1/1/2005 to present; (2) documents that reflect who the contact person was at Oakwood Cancer Center and/or Holy Spirit Hospital and/or Capital_

Area R.T. Asso'ciates during this time frame; ,

(3) Documents reflecting any reports to the NRC which informed the NRC of a dose mis-administration during a gamma knife procedure on 7/16/201 O; (4) Documents reporting the sale/change of ownership for the gamma knife equipment at Oakwood Cancer Center to Capital Area R.T. Associates and/or Holy Spirit Hospital; (5) Safety Inspection Reports from 1/1/2005 to present; all Telephone Conversation Records from 1/1/2005 to present; and/or (6) documents of any regulatory violations Please note:

The NRC already provided one partial response to you.

This is the second and final response:

The attached responsive records are provided to you in part.

Our subject matter experts in the region advised us that Pennsylvania became an Agreement State in March 2008 and that all files have been transferred to the state of Pennsylvania.

The point of contact for Pennsylvania is John Chippo. Mr. Chippo can be reached at jchippo@pa.gov or 717-787-2208.

Signature - Freedom of Information Act Officer or Designee f Digitally signed by Stephanie A. Blaney

!Stephanie A. Blaney ,/>19ate: 2019.02.08 11 :28:53 -05'00' .

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

RESPONSE TO FREEDOM OF 1 2019 000140 INFORMATION ACT (FOIA) REQUEST DATE:

1 02,oa,2019 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 NRG.

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:

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

D 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 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).

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

.D Deliberative process privilege.

D Attorney work product privilege.

D Attorney-client privilege.

171 Exemption 6:

• The withheld information from a personnel, medical, or similar file, is exempted from public disclosure because its disclosure would result L!.J in a clearly unwarranted invasion of personal privacy.

[ZJ Exemption 7: The wiihheld 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.

D (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.

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

D Other:

PART 11.B -~ DENYING OFFICIALS lil 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 DENIED EDD SECY Stephanie Blaney FOIAOfficer [ZJ* D I II I 11 Select Title/Office from drop-down list I D D I 11 Select Title/Office from drop-down list 11 D D I II Select Title/Office from drop-down list II 0 D NRC Form 464 Part II (04-2018)