ML19043A903

NRC-2019-000085 - Resp 1 - Interim

ML19043A903
Person / Time
Issue date:	12/19/2018
From:	NRC/OCIO
To:	Koss N Potomac Legal Group PLLC
References
FOIA, NRC-2019-000085
Download: ML19043A903 (3)

Text

NRC FORM 464 Part I (OIG) U.S. NUCLEAR REGULATORY COMMISSION NRC RESPONSE NUMBER (09-2018)

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~ INFORMATION ACT (FOIA) REQUEST RESPONSE 11

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TYPE 0 INTERIM D FINAL REQUESTER: DATE:

!Natalie Koss 11 IJ/l'J 1-;,.D 15 I DESCRIPTION OF REQUESTED RECORDS:

Documents pertaining to any OIG investigation ofNSIR staff abuses of overtime and NSIR management complicity in such abuses between 2014 and the present; any disciplinary action related documents arising from such investigation(s), and the February 2016 report on diversity/inclusion prepared by the Ivy Planning Group.

PART I. -- INFORMATION RELEASED D The NRC has made some, or all, of the requested records publicly available through one or more 9f the following means:

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

D 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.

0 See Part I.D -- Comments.

PART I.A -- FEES .

AMOUNT D You will be billed by NRG fofthe amount indicated. 0 Since the minimum fee threshold was not met, you will not be charged fees.

11 11 D You will receive a refund for the amount indicated.

D Due to our delayed response, you will not be D Fees waived. charged search and/or duplication fees that would otherwise be applicable to your request.

PART 1.8--INFORMATIO N 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 FQJA ("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 db not, exist.

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

0 Because this is an interim response to your request, you may not appeal c;1t 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-2F43, 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, httQs://foiaonline.regulations.gov/foia/action/Qublic/home. Please be sure to include on your submission that it is a "FOIA Appeal."

PART I.C--REFERENCE S AND POINTS OF c*oNTACT 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 G9vernment 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:f/www.archives.gov/ogis.

NRC, FQRM 464 Part I (OIG) U.S. NUCLEAR REGULATORY COMMISSION NRC RESPONSE NUMBER (09-2018)

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• ~...., . .,.J! INFORMATION ACT (FOIA) REQUEST RE~~~SE I./ I INTERIM D FINAL PART I.D - COMMENTS This interim response c1ddresses the investigative records responsive to your request. There is only one investigation re~ponsive Jo your request; as it remains ongoing, we are denying your reques.t in full at this time.

The FOIA Officer will issue a final response to the portions of your request seeking any disciplinary action records rela,ted to this investigation and the Ivy Planning Group report in the near future.

Signature - Ass~nt1nb_nl6r Gener.a'! for Investigations or Designee I

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NRC FORM 464 Part II (OIG) U.S. NUCLEAR REGULA TORY COMMISSION NRC (09-2018)

[ 2019-000085

• RESPONSE TO FREEDOM OF DATE:

INFORMATION A.CT (FOIA) REQUEST 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 lriformation (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 D submitter of the proposal.

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.

D 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).

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.

D 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) Dis~losure could reasonc!bly be expected to interfere with an open enforcement proceeding.

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

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

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

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

D Other PART 11.B ** DENYING OFFICIAL In accordance with 10 CFR 9.25(g)(1) of the U.S. Nuclear Regulatory Commission regulations, the official listed below has made the determination to withhold certain information, described below, responsive to your request.

DENYING OFFICIAL . TITLE/OFFICE RECORDS DENIED APPELLATE OFFICIAL Assistant Inspector General for Rocco Pierri Open Investigation Records Inspector General Investigations NRC Form 464 Part II (OIG) (09-2018) Page 1 of 1