Text

NRC-2018-000513 - Resp 3 - Interim. Agency Records Subject to the Request Enclosed, Part 5 of 8
	ML21027A385
Person / Time
Issue date:	01/25/2021
From:	; NRC/OCIO
To:	;
Shared Package
ML21027A378	List: ML21027A379; ML21027A380; ML21027A381; ML21027A382; ML21027A384; ML21027A385; ML21027A386; ML21027A387; ML21027A389;
References
	FOIA, NRC-2018-000513
	Download: ML21027A385 (331)
	v • d • e

From: fQIAPAQIG Resource To: Stevens. Margo

Subject:

RE: Completing fOIA-2016-0731 Date: Wednesday, April 26, 2017 1:07:15 PM The 1st attachment reflects the internal deliberations Attachments: 14-07527 Redacted.adx as to how the records, which are addressed in the 14-07527 pdf response to multiple requests. including interim

- - - - - - - - - - - - - - - - - - - - - - --I response# 10 to your NRC-2018-000096, should be Margo, processed. As such, it is withheld in its entirety under FOIA exemption 5.The 2nd attachment is the Attached is a clean and redacted copy of allegation 14-07527. "clean" set of the records which, as ultimately processed, are addressed in interim response# 10 to your NRC-2018-000096. This interim response IThanksj (including released records) is publicly available in

)

From: Stevens, Margo Sent: Thursday, April 20, 2017 7:37 AM To:l(b)(6) IFOIAPAOIG Resource <FOIAPAOIG.Resource@nrc.gov>

Cc: Blaney, Stepha nie <Stephanie.Bla ney@nrc.gov>

Subject:

Completing FOIA-2016-0731

~ . I wanted to follow up on our conversation from yesterday afternoon.

As you may be aware, before we started issuing interim responses to Lucas Hixson, he filed an administrative appeal of the "constructive denial" (the failure to respond timely).

The FOIA practice here at NRC (and at many agencies) is that such appeals are held in abeyance and efforts to complete the request are expended, so that once the FOIA request is finally responded , it moots out the appeal. (Of course, he can file a new appeal about the actual denial of records.)

Because we have now issued 12 interim responses, and you indicated you were going to give Joe interim response #13 yesterday, I reached out to Mr. Hixson, asking whether he was willing to withdraw this "constructive denial" appeal. He's open to it, but said he needed to first know when we expected to finish processing the request. Can't say that I blame him.

(b)(5)

Margo £.. Stevens J'OI:A :Ana(ysl/'I'eam Leaaer (Contractor)

OCIO/(j'E:MS/Infor m ation Services 'Brandi

'U.S. N'udear 'Regu{atory Commission

From: Stevens Margo To: "Baker Katie" Subject : RE: RE: Consultation (NRC-2016-000731)

Date: Wednesday, April 04, 2018 11:40:00 AM Importance: High Are you available for a quick phone call? You sent a consultation over here that pertains to the other OSC-matter that I had sent you a consultation about!

Jv1 argo L. Stevens

fOI.'A. .'A.nafysl/Tea m Leader- (Con tract or)

OCIO/(j'E~MS/Inforrnat 1011 Services 'Bra ncli

'U.S. Nuc(ear 'Ret7u(atory Com1111ss1011

.'Mai(SLo_p 'J-2.T1

'Roc/i-v,lfe, :Maryl"ana 20555-0001

Te(e_pl1011e #: (301) 415-8148 From: Baker, Kat ie [mai lto:KBaker@osc.gov]

Sent: Wednesday, April 04, 2018 11:17 AM To: Stevens, M argo <Margo.Stevens@nrc.gov>

Subject:

(External_Sender] RE: Consultation (NRC-2016-000731)

Hel lo Margo, Apologies for the delayed response. Since t his document is publicly available on our website, there are no concerns.

Best, Katie From: Stevens, Ma rgo <Ma rgo Stevens@nrc.gov>

Sent: Tuesday, April 3, 2018 7:43 AM To: Baker, Katie <KBa ker@osc.gov>

Subject:

RE: Consultation (NRC-2016-000731)

Katie - please disregard this. I just realized that this document was included in the file OSC published: https://osc.gov/PublicFiles/FY2017/17-44-Dl-15-5254/Dl 5254%20Supplemental%20Report.pdf. So, I can't imagine you'd have any concerns for our release in this FOIA.

Margo L. Stevens J'OI.'A jlnalyst/'Team Leader (Contractor)

OCJO/(j'L'MS/Injonnat 1011 Services 'Brancfi

'U.S. .'Nudear 1{eg11u1torv Commrssion

Mai(Stop T-2J'7

'R.ockv1ffe, :Ma ryland*:w555-0001 Tef~pfwne #: (301) 41r;-8q8 From: Stevens, Margo Sent: Tuesday, April 03, 2018 7:05 AM To: 'Baker, Katie' <KBaker@osc gov>

Subject:

RE : Consultation (NRC-2016-000731)

Importance: High Katie, with apologies .. .. We recently had some staff leave and pending requests/appeals reassigned. As I was going back through my extant inventory as well as the new ones that had been reassigned to me, I realized that there was one additional record responsive to a related FOIA request (NRC-2017-0698) for records pertaining to the same whistleblower matter as the records that I had sent back to OSC for a re-determination, now that the OSC matter was concluded. This record was not reviewed by OSC previously, so I would need your views about releasing it now. As with the 8 records pertaining to OSC Dl-15-5254, this one apparently was generated late in the proceedings. A copy of it is attached. I am hoping that, since you just completed your review of the other 8, you would be willing, and able, to add this to the consultation request that I made back in January, and then supplement the records now pending with legal review.

I note that almost all of the actual content is technical information that is NRC's. But since the context of the document's generation was the OSC proceeding, and there are modest references to OSC (even though the proceeding itself is not cited) on pages 1, 13, and 16, I wanted to ensure you had the opportunity to weigh in.

Thanks.

Margo L Stevens J"OJ5l .'Ana(ysl/'Ieam Leader (Contractor)

OCJO/(j'E:MS/Informatron Service, 'Branch

'U.S. Nudear 'R.egufatorv Commission

Ma1(Stop 'T-2:f7

'l{,>cflv1lre, :Mary(and" 20555-0001

rdepfione #: (301) 415-8148

From: Stevens, Margo Sent: Monday, April 02, 2018 2:18 PM To: 'Baker, Katie' <KBaker@osc gov>

Subject:

RE: Consultation (NRC-2016-000731)

Importance: High Good afternoon Katie. As it's been just over a calendar month, I wondered if I might have a status update on this consultation request? In addition to the FOIA request for which I asked OSC for views, I have just been reassigned a second request that asks for the same Report of Investigation from which these records are at issue. So, once I have OSC's views back, I should be in a position to close TWO requests with your single response !

Thanks .

.'Margo £. Stevens

JOI.Jl .Jlnafyst/'T'eam Leader (Contractor)

OCIO/(j'E:MS/Informal1011 Services '.Branch

'U.S. :Nudear 'Regulatory Commrsswn

'Mai(Stap *T-2.T1

'RocRv1lfe, :Maryfond.20555-0001 Te(eyfio11e #: (301) 415-8148 From: Stevens, Ma rgo Sent: Monday, February 26, 2018 6:47 AM To: 'Baker, Katie' <KBaker@osc.gov>

Subject:

RE : Consultation (NRC-2016-000731)

Thanks for your email, Katie. I'm just back from some time away from the office. I'm going to keep my fingers crossed that your "hope" becomes a reality ... If you have any questions or concerns as you consider the referred pages, please don't hesitate to contact me.

Jvlargo L. Stevens

FOI.J1 .J\na(yst/'Team Leader (Contractor)

OUO/(j'£Jvl)/Ir!forma Lcon Services 'Brandi

'U.S. Nuclear 'RetJulaLVY'j Commrsscon n545 'Rocfv1((e 'Pike, Jvla1{ Stoy 'I'-2:r1

'Rocli-viffe, Jvlar'1/i,mc( 20852 Te(e_pf1011e #: (_~n1) 415-8148 From: Baker, Katie [majlto*KBaker@osc gov]

Sent: Wednesday, February 21, 2018 9:42 AM To: Stevens, M argo <Margo Stevens@nrc gov>

Subject:

[Externa l_Sender) Consultation (NRC-2016-000731)

Hel lo Ms. Stevens, I will be the point of contact for this consultat ion. For your reference, the OSC tracking number is CF-18-0003. I am hoping to have a response to you within 30 days, but will keep you informed if I expect that to change.

Thank you, Katie Baker Attorney U.S. Office of Special Counsel 1730 M Street, N.W.

Washington, D.C. 20036-4505 (202) 804-7024 This message and any attachments may contain information that is sensitive, con ally privileged. If you are not t nt, please immediately notify the se 1s email from your system; you

, se, or disclose its contents. Thank you eration.

From: Stevens. Margo The attached record (as ultimately processed) is To: "Baker. Katie" addressed in the response to multiple requests,

Subject:

RE: Consultation (NRC-2016-000731) including interim response# 7 to your NRC-2018 Date: Tuesday, April 03, 2018 7:05:00 AM -000096. This response is publicly available in Attachments: ML17227AB21 odf Importance: High ADAMS as ML20288A417.

Katie, with apologies .... We recently had some staff leave and pending requests/appeals reassigned . As I was going back through my extant inventory as well as the new ones that had been reassigned to me, I realized that there was one additional record responsive to a related FOIA request (NRC-2017-0698) for records pertaining to the same whistleblower matter as the records that I had sent back to OSC for a re-determination , now that the OSC matter was concluded . This record was not reviewed by OSC previously, so I would need your views about releasing it now. As with the 8 records pertaining to OSC DI-15-5254, this one apparently was generated late in the proceedings. A copy of it is attached. I am hoping that, since you just completed your review of the other 8, you would be willing, and able, to add this to the consultation request that I made back in January, and then supplement the records now pending with legal review.

I note that almost all of the actual content is technical information that is NRC's. But since the context of the document's generation was the OSC proceeding, and there are modest references to OSC (even though the proceeding itself is not cited) on pages 1, 13, and 16, I wanted to ensure you had the opportunity to weigh in.

Thanks.

Margo L. Stevens J'OJ.:A .'A.na(vst/'leam Leader (Contractor)

OCIO/(j'EJvtS/Information SeYvices '.Branch

'l.J.S. Nudear 'R.egu(atory Commrssion

Mai(Stoy 'I'-2]"7

'RncRviffe, :MaryCana 20555-0001

'le(eyfwne #: (301) 415-8148 From: Stevens, Margo Sent: Monday, April 02, 2018 2:18 PM To: 'Baker, Katie' <KBaker@osc.gov>

Subject:

RE : Consultation (NRC-2016-000731)

Importance: High Good afternoon Katie. As it's been just over a calendar month, I wondered if I might have a status update on this consultation request? In addition to the FOIA request for which I

asked OSC for views, I have just been reassigned a second request that asks for the same Report of Investigation from which these records are at issue. So, once I have OSC's views back, I should be in a position to close TWO requests with your single response!

Thanks.

Margo L Stevens fOI:A J\nafysl/'Team Leacfer (Cont ,*actor)

OCJO/(,i'E.'MS/I1format1011 Service, 'Branen

'U.S. :Nudear 'Regufatory Commrsswn

Ma 1(Slo_p 'T-2J'7 1{ockv1((e, ~Maryfirntf 20555-0001 re(epfwne #: (301) 415-81..;.8 From: Stevens, Margo Sent: Monday, February 26, 2018 6:47 AM To: 'Baker, Katie' <KBake r@osc.gov>

Subject:

RE: Consultation (NRC-2016-000731)

Thanks for your email, Katie. I'm just back from some time away from the office. I'm going to keep my fingers crossed that your "hope" becomes a reality ... If you have any questions or concerns as you consider the referred pages, please don't hesitate to contact me.

Margo£. Stevens fOI.'A. .Jlnaiyst/ream Leader (Contractor)

OCJO/(iT:MS/ Irifonnat1011 Services 'Branch

'U.S. .' Nudear 1{egufotory Com1111.rno11 11,;4,; Rockvi((e 'Pike, !.M ai{Slop 'T'-2]"7 Roc611({e, :Ma ry(antf 20852 rete_plione #: (301) 415-8148 From: Baker, Katie [mai lto:KBaker@osc.gov]

Sent: Wednesday, February 21, 2018 9:42 AM To: Stevens, M argo <Margo Stevens@nrqov>

Subject:

[Externa l_Sender] Consultation (NRC-2016-000731)

Hello Ms. Stevens, I will be the point of contact for th is consultation. For your reference, the OSC tracking number is CF-18-0003. I am hop ing to have a response to you within 30 days, but wi ll keep you informed if I expect that to change.

Than k you, Katie Baker Attorney U.S. Office of Special Counsel 1730 M Street, N.W.

Washington, D.C. 20036-4505 (202) 804-7024 This message and any attachments may contain inform

sensitive, con 1 ivile ed . If 1e intended recipient, please immediately noti ours stem; you sho , use, or disclose its contents. Thank you for your cooperation.

From: Stevens Margo To: "Baker Katie" Subject : RE: RE: Consultation (NRC-2016-000731)

Date: Tuesday, April 03, 2018 6:16:00 AM That's good to hear. I would appreciate anything you can do to "keep pressure" on the folks doing the legal review .... The last time I had a consultation with OSC that legal review seemed to prolong things quite a bit. ..

Jvlargo L. Stevens

FOI.J\ .J\nafyst/'T'eam Lead"er (Contractor)

Oc.JO/f-jT:MS/l11fonnaL10n Sen11ces 'Branch

'U.S. :Ni,dear 'Re!:]ufatory Comnwswn

Mai(Stop *r-2:r1

'Rocriv,tre, .'Mary(an,{20555-0001

reL~pfwne #: (301) ..1-15-8148 From: Baker, Katie [1]

Sent: Monday, April 02, 2018 2:37 PM To: Stevens, M argo <Margo.Stevens@nrc.gov>

Subject:

[External_Sender] RE: Consultation (NRC-2016-000731)

Hello Margo, My review of the records is complete, and I am w aiting to hear back from legal review. I should hear back soon, so I will try t o have a response to you th is w eek or next w eek at the latest.

Thank you, Katie From: Stevens, Margo <Margo.Steveos@nrc.gov>

Sent: Monday, April 2, 2018 2:18 PM To: Baker, Katie <KBaker@osc gov>

Subject:

RE: Consultation (NRC-2016-000731)

Importance: High Good afternoon Katie. As it's been just over a calendar month, I wondered if I might have a status update on this consultation request? In addition to the FOIA request for which I asked OSC for views , I have just been reassigned a second request that asks for the same

Report of Investigation from which these records are at issue. So, once I have OSC's views back, I should be in a position to close TWO requests with your single response!

Thanks.

Nlargo L Stevens J'Ol.Jl ..'A.na(ysl/'Team Leatier (Contractor)

OCIO/(j'.LMS/lnjonnation Services '.Brandi

'U.S. :Nudear 'Re17ufotory Commission

.Mai(Stop 'I'-2.17

'Rockv1lle, :Jvlaryfall<f 20555-0001

1efeyfw11e #: (301) .JJS*BJ.48 From: Stevens, Margo Sent: Monday, February 26, 2018 6:47 AM To: 'Baker, Katie' <KBaker@osc gov>

Subject:

RE: Consultation (NRC-2016-000731)

Thanks for your email, Katie. I'm just back from some time away from the office. I'm going to keep my fingers crossed that your "hope" becomes a reality ... If you have any questions or concerns as you consider the referred pages, please don't hesitate to contact me.

Jvlargo L. Stevens JDI.Jl .Jlna(yst/'I'eam Lea,ler (Contractor)

OUO/Ci'I:MS/I11fonnatw11 Services 'Brandi

'U.S. :Nuclear 'Jle!:Julalory Com1111.sswn 11545 Rockv1{(e 'Pike, ~Men{ SI oy 'J-2)'7 Rockvi((e, .'Maryfimtf 20852

'I'e[e_pfwne #: (301) 415-8148 From: Baker, Katie [mailto*KBaker@osc gov]

Sent: Wednesday, February 21, 2018 9:42 AM To: Stevens, M argo <Margo.Steveos@nrc.gov>

Subject:

[External_Sender] Consultation (NRC-2016-000731)

Hel lo Ms. Stevens,

I wi ll be the point of contact for th is consultat ion. For your reference, the OSC tracking number is CF-18-0003 . I am hoping to have a response to you wit hin 30 days, but wi ll keep you informed if I expect that to change.

Thank you, Katie Baker Attorney U.S. Office of Special Counsel 1730 M Street, N.W.

Washington, D.C. 20036-4505 (202) 804-7024 ssa e and any attachments may contain informa

sensitive, confidentia , or e, -*

o d . If o e mtended recipient, please immediately notify the e ete our system; you should e, or disclose its contents. Thank you for your cooperation.

From : toia@regulatioos gov To: Stevens Margo

Subject:

[External_Sender] FOIA Assignment for NRC -2017-000887 Date: Saturday, December 23, 2017 4:39:10 PM You have been assigned to the FOIA appeal NRC-2017-000887. Additional details for this appeal are as follows:

Assigned By: Stephanie Blaney

Appeal Tracking Number: NRC-2017-000887

Request Tracking Number: NRC-2016-000731

Due Date: 12/16/2016

Requester: Lucas Hixson

Appeal Track: Complex

Short

Description:

NI A

Long

Description:

Appeal the lack of response to FOIA/PA20160731

From : toia@regulatioos gov To: Stevens Margo

Subject:

[External_Sender] NRC-2016-000731 Extend Due Date Task Date: Monday, December 18, 2017 8:52 :54 AM The Extend Due Date task for request NRC-2016-000731 was granted. The request's due date has been reset.

From : toia@regulatioos gov To: Stevens Margo

Subject:

[External_Sender] FOIA Assignment for NRC -2016-000731 Date: Monday, December 18, 2017 6:34 :11 AM You have been assigned to the FOIA request NRC-2016-000731. Additional details for this request are as follows:

Assigned By: Stephanie Blaney

Request Tracking Number: NRC-2016-000731

Due Date: 10/27/2016

Requester: Lucas Hixson

Request Track: Complex

Short

Description:

N/A

Long

Description:

Request for 62 responsive records

This interim response # 17 is publicly available in From: EOIA Resource To: lhixsoo@enyironserve com ADAMS as ML20294A150. The released set of Cc: Stevens Margo records is also included in interim response # 7 to

Subject:

FOIA/PA-2016-0731 Interim Response #17 your NRC-2018-000096, which is publicly available in Date: Wednesday, October 25 , 2017 8:02 :56 AM Attachments:

ADAMS as ML20288A417.

Interim Respon se # 17.pdf

Dear Mr. Hixson :

We are pleased to inform you that we have completed more work on your request, FOIA/PA-2016-00731, and have attached interim response #17.

Please note that the FOIA Officer signed this response on August 15, 2017, and our office thought we had issued the response to you on that same day. It appears something fell through the cracks and it was only in the course of processing a subsequent FOIA request that involves some of the same records that we discovered the error. We apologize.

(Since this response is still an interim response , our delay does not impact the time in which you may seek an appeal; the Office of Inspector General is still working with our office on the final response.)

Thank you.

Information Services Branch , MS: O-4A 15 Governance & Enterprise Management Services Division Office of the Chief Information Officer U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 FOIA.Resource@nrc.gov Ph: 301-415-7169 Fax: 301-415-5130

From: Stevens Margo To: Ennis Tina

Subject:

FW: And one more to sign.... This interim response# 17 is publicly available in Date: Wednesday, October 25, 2017 6:44:00 AM Attachments: NRC 464 Part I 2016-0731#17.odf ADAMS as ML20294A150. The concurrence NRC 464 Part I I 2016-0731#17.odf copy is included herein.

Good morning Tina. This is the 1ih interim response to Hixson's request that apparently fell through the cracks and was not sent to Mr. Hixson back in mid-August. Stephanie agrees that we should keep the date it was signed (you can see her electronic signature shows the 8/15/17 date) but in the email transmittal you normally send, could you also include the following message:

Please note that the FOIA Officer signed this response on August 15, 2017, and our office thought we had issued the response to you on that same day. It appears something fell through the cracks and it was only in the course of processing a subsequent FOIA request that involves some of the same records that we discovered the error. We apologize.

(Since this response is still an interim response, our de*lay does not impact the time in which you may seek an appeal; the Office of Inspector General is still working with our office on the final response.)

The released set of records is in the G drive .. .. I don't know whether it will be too large to email, but I'll leave that to you.

MaYgo L. Stevens

.TOI.'A. .'A.na(vsl/'T'eam Leaaer (Contractor)

OCIO/(j'E:MS/Informat10n Services 'Bra ncfi

'U.S. :Nudear 'Regulatory Commission 11545 'Rocl?.vi({e 1'1/?.e, :Mw( Stoy T-2:J7

'Rocli.vi{(e, :Ma ryfona 208"i2 Te{eylione #: (301) 415-81.48 From: Blaney, St ephanie Sent: Wednesday, October 25, 2017 6:19 AM To: Stevens, M argo <Margo.Stevens@nrc.gov>

Subject:

FW: And one more to sign ....

From: Blaney, Stephanie Sent: Tuesday, August 15, 2017 1:47 PM To: Stevens, M argo <M argo.Stevens@nrc.gov>

Subject:

RE: And one more to sign....

Signed. I wonder if I can create a choice for administratively closed - moot. Let me see From: Stevens, Ma rgo Sent: Tuesda y, Au gu st 15, 2017 12 :23 PM To: Bla ney, Steph ani e <Stephanie .Blaney@nrc.gov>

Subject:

And one more to sign .. ..

Here is the 17th interim response (and your last one) to Hixson's FOIA-2016-0731.

It addresses the same seven docs as in 2016-0664/0665 plus one of the docs we just addressed in 2016-0721 's final response.

So you 've already reviewed the docs. If you are good with the Comments Section (and it's verbatim to the ones in 0664/0665/0721 , then sign please!

It's one with a third continuation page (sorry).

By the way, when I tried to close in FOIAXpress the constructive denial appeal of Lochbaum 's (2017-0076A), I didn't see the appropriate code to choose. He wouldn't withdraw. Is there no choice for "administratively closed due to mootness?" What should I use?

Jvlargo L. Stevens J'OJ.Jl .Jlna{ysl/Team Leaaer (Contmctor)

OCJO/(j'EJvlS/Informatwn Services 'Bmncfi 11.S. Nudear 'Regu[atory Con1mission 11545 'Rockvi((e 1~ike, Jvlai{Stoy T-2I1

'Rocli.viffe, :Maryfana 20852 Tefeyfwne #: (301) 415-8148

NRC FORM 464 Part I U.S. NUCLEAR REGULATORY COMMISSION FOIA RESPONSE NUMBER t~¥'

(03-2017)

s RESPONSE TO FREEDOM OF I 2016-0731 11 17 I

~,......':.Ji INFORMATION ACT (FOIA) REQUEST 0

RESPONSE

INTERIM FINAL TYPE REQUESTER: DATE:

!Lucas Hixson 11 08/ 15/2017 I

DESCRIPTION OF REQUESTED RECORDS:

The records corresponding to items 31 (MLl 6201 A086), 32 (ML16201A093), 33 (MLl 6201 A095), 34 (ML16201A100),

35 (ML16202A536), 36 (ML16202A537), 37 (ML16202A538), and 60 (ML16242A343), as further explained in the Comments Secti on, below.

PART I. -- INFORMATION RELEASED You have the right to seek assistance from the NRC's FOIA Public Liaison. Contact information for the NRC's FOIA Public Liaison is available at bttgs:l/Y:i.WY:i.,O[c.goy_/(eadiog-crnlfQia/cootact-foia.b!ml

[Z] Agency records subject to the request are already available on the Public NRC Website, in Public ADAMS or on microfiche in the NRC Public Document Room.

[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 that agency (see comments section) for a disclosure determination and direct response to you.

[Z] We are continuing to process your request.

[Z] See Comments.

PART I.A ** FEES NO FEES AMOUNr You will be billed by NRC for the amount listed.

Due to our delayed response, you will Minimum fee threshold not met.

II II You will receive a refund for the amount listed.

see Comments for details Fees waived. not be charged fees..

PART I.B -- INFORMATION 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 FOIA ("exclusions"). 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 state-d, 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

[Z] 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 by sending a letter or e-mail to the FOIA Officer, at U.S. Nuclear Regulatory Commission, Washington, D.C. 20555-0001 , or£.01&Besource@nrc.gov. Please be suire to include on your letter or email that it is a "FOIA Appeal." You have the right to seek dispute resolution services from the NRC's Public Liaison, or the Office of Government Information Services (OGIS). Contact information for OGIS is available at bttgs:llQgis a[cbi'l.!ilS,gQvl;;ibQ!.!l-Qgislcoot;;igt-iofQrmatioo,btm PART I.C COMMENTS ( Use attached Comments continuation page if required)

To date, we have provided sixteen (16) interim responses to you. Th is addi tional interim response addresses eight (8) additional records, which arc responsive to item s 3 1-37 and 60 of your request. Since the date of your request, these records have been removed from ADAMS. However, because the NRC was abl e to l ocate them b y the accession numbers when your request was received, w e have processed the records, except as noted below. Please note that we expect that the Office of the Inspector General will issue the final response to this request, by addressing the remaining records responsive to item l 5, in the near future.

[ continued on next page].

stephanie . A Blaney .,.,. .,.,.,.,., .."'. . . .....

Signature - Freedom of Information Act Officer or Designee 0

I Distribution lsECY Pt\/ ' "

en:.Sll=pNni* A" ' * -""

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OFFICE ACTION OFFICER FOIA OFFICER NAME ML Stevens SA Blaney PUBLIC ADAMS DATE 08/04/2017 08/15/2017 NON-PUBLIC ADAMS NRC Form 464 Part I (03-2017) Page 1 of 4

NRC FORM 464 Part I U.S. NUCLEAR REGULATORY COMMISSION FOIA RESPONSE NUMBER (03-2017) 1 2016-0731 11 17 RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST Continued

RESPONSE

TYPE 0 INTERIM FINAL REQUESTER: DATE:

!Lucas Hixson 11 08/15/2017 PART I.C COMMENTS (Continued)

MLl 6201 A086 consists of an email, dated May 19, 2016, from an NRC staff member, Lawrence Criscione (who has furnished a privacy waiver), forwarding to the Chairman's office an email he had previously sent to the Inspector General (IG) that served as a FOIA appeal of a "no record' response he received in a prior FOIA request. Attached to th is email is the FOIA response, as well as a copy of a December 18, 2012, letter from then-Senator Lieberman to the JG (to which Mr.

Criscione's letter to the Senator was attached). This letter was released, in part, to Mr. Criscione in response to another FOIA request; however, it bears a typewritten annotation presumably added by Mr. Criscione before he included it in his email to the Chairman's office. The Chairman's office confirmed that it located this record within its record systems. This record is enclosed; please note that the Senator's letter has a single redaction based on 7C, as the OlG released it. And, after consulting with another Federal agency having equity in the information contained in the record, we have made certain other redactions in reliance on FOIA exemptions 6, 7A, and 7C.

ML! 6201A093 consists of an emai l, dated May 19, 2016, from Mr. Criscione that forwards to the Chairman's office earlier email communications he had with other NRC staff members about an ACRS-ACE Memorandum of Understanding (MOU) that had been released n its entirety to him in response to FOJA-2016-0455, which is publicly avai lable as ML! 6125A531.

The Chairman's office confirmed that it located this record within its record systems. The email is enclosed.

ML16201A095 consists of an email, dated May 19, 2016, from Mr. Criscione that forwards to the Chairman's office earlier email communications he had with various NRC staff members about "need-to-know requirements for SUNSl" [Sensitive Unclassified Non-Safeguards Information]. The Chairman's office confirmed that it located this record within its record systems. Exemption 6 is claimed for a few cell phone numbers. After consu lting with another Federal agency having equity in the information contained in the record, we have made certain redactions on the enclosed record in reliance on FOIA exemptions 6, 7A, and 7C.

MLl6201AI00 consists ofan email, dated May 19, 2016, from Mr. Criscione that forwards to the Chairman's office earlier emai l communications he had with various NRC staff members, an outside guest speaker, and various congressional staff, about how a Taum Sauk Upper Reservoir failure and its adverse affect on the Toops family. The Chairman's office confirmed that it located this record within its record systems. After consulting with another Federal agency having equity in the information contained in the record, we have made one redaction on the enclosed record in reliance on FOJA exemptions 6, 7A, and 7C.

ML16202/\536 consists ofan emai l, dated May 9, 2016, from Mr. Criscione to the Chairman's office, including four attachments containing multiple documents, concerning a personal matter. Although the Chairman's office confim1ed that it received an email from Mr. Criscione on this date, the attachment received by, and maintained in, the Chairman's office includes many more pages than appear in this record. Given its personal nature, and the fact that the record is not identical (i.e., it is incomplete) to the copy located in the Chairman's office, we have determined that it is a personal record. As such, it is not subject to the FOIA and has not been processed.

MLl6202A537 consists of two emails, dated May 11 and 17, 2016, both from Mr. Ciiscione to the Chairman's office, concerning an upcoming interview concerning the same personal matter. The Chainnan's office confirmed that it located this record within its record systems. This record is enclosed; please note that after consulting with another Federal agency having equity in the information contained in the record, we have made certain redactions in reliance on FOIA exemptions 6, 7A and 7C.

MLl6202A538 consists ofan email, dated May 20, 2016, from Mr. Criscione to the Chairman's office after the above-referenced interview had taken place. The Chairman's office confirmed that it located this record within its record systems.

This record is enclosed; please note that after consulting with another Federal agency having equity in the information contained in the record, we have made one redaction in reliance on FOTA exemptions 6, 7A and 7C.

NRC Form 464 Part I (03-2017) Page 3 of 4

NRC FORM 464 Part I U.S. NUCLEAR REGULATORY COMMISSION FOIA RESPONSE NUMBER (03-2017) 1 2016-0731 11 17 RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST Continued RESPONSE TYPE INTERIM FINAL REQUESTER: DATE:

ILucas Hixson 11 os11512017 PART I.C COMMENTS (Continued)

ML l 6242A343 consists of several documents that were prepared by an NRC staff member, Lawrence. Criscione (who has furnished a privacy waiver). The first document is an email, dated September 10, 2016, addressed to multiple NRC staff members in the Office of Nuclear Regulatory Research (RES). Although the email indicates that there was a draft attachment, this record does not include the attachment. The second document is another email, dated September 9, 201 6, from Mr. Criscione to a few of the same RES staff members, to which is attached five Forms 665 (ADAMS Document Submission). This record is enclosed; please note that after consulting with another Federal agency having equity in the info1mation contained in the record, we have made certain redactions in rel iance on FOIA exemptions 6, 7A, and 7C.

NRC Form 464 Part I (03-2017) Page 4 of 4

NRC FORM 464 Part II U.S. NUCLEAR REGULATORY COMMISSION FOIA (03-2017)

<\¥\

~~

.....l

. RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST I

I 20 16-0731 # 17 DATE:

08/ 15/2017 I

I PART II.A -- APPLICABLE EXEMPTIONS Records subject to the request are being w ithheld 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, w hich 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 submitter of the proposal.

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 C FR 2.390(d)(1 ).

The information is considered to be another type or 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

[Z] in a clearly unwarranted invasion of personal privacy.

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

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

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

(D) The information consists of names and other infonnation 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 an individual.

Other I I PART 11.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 DENIED EOO SECY I Rochelle Bavol 1 1 Exec Asst to the Secy to the Commission Ithird party PJI, material pertaining to an I [Z]

Iongoing proceeding I 1 1 I I 1 1 I I Appeals must be made in writing within 90 calendar days of the date of this response by sending a letter or email to the FOIA Officer, at U.S. Nuclear Regulatory Commission, Washington, D.C. 20555~0001 , or FOIA.Resource@nrc.gov. Please be sure to include on your letter or email that it is a "FOIA Appeal."

NRC Form 464 Part II (03-2017) Page 1 of 1

This interim response # 17 is publicly available in ADAMS as ML20294A150.

From: Blaney. Stephanie The concurrence copy attached to this To: Stevens Margo

Subject:

FW: And one more to sign.... email is included in the immediate prior Date: Wednesday, October 25, 2017 6: 19:29 AM pages as the attachment to the previous Attachments: NRC464 Part I 2016-0731#17.pdf email.

NRC 464 Part )I 2016-0731#17.pdt From: Blaney, Stephanie Sent: Tuesday, August 15, 2017 1:47 PM To: Stevens, M argo <Margo.Stevens@nrc.gov>

Subject:

RE : And one more to sign ....

Signed. I wonder if I can create a choice for administratively closed - moot. Let me see From: Stevens, Margo Sent: Tuesday, August 15, 2017 12:23 PM To: Blaney, Stephanie <Step hanie Blaney@nrc 0V>

Subject:

And one more to sign ....

Here is the 17th interim response (and your last one) to Hixson"s FOIA-2016-0731.

It addresses the same seven docs as in 2016-0664/0665 plus one of the docs we just addressed in 2016-0721 's final response.

So you've already reviewed the docs. If you are good with the Comments Section (and it's verbatim to the ones in 0664/0665/0721 . then sign please!

It's one with a third continuation page (sorry).

By the way, when I tried to close in FOIAXpress the constructive denial appeal of Lochbaum's (2017-0076A), I didn't see the appropriate code to choose. He wouldn"t withdraw. Is there no choice for "administratively closed due to mootness?" What should I use?

Margo L Stevens

JOI:!1 .Jlnatyst/'leam Leader (Contractor)

OCIO/(j'EJvt.S/InformaLion Services 'Branen

'U.S. Nudear 'Regu(atory Comnmsion 11545 'Rock.vi((e Tike, :Mai{Stoy 'J-2:f7

'R.ocli.vitre, :Mary{ana:.w89

'Je(eyfrone #: (301) 4 15-81-1,8

From: Stevens Margo To: i(b)/6) i

Subject:

RE: Checking in Date: Thursday, October 19, 2017 10:55:00 AM Understood. I hope that, by providing you the note about the approach I took, and the individual notes on various pages, it'll help us to arrive at the approach we want to take , so that, once any referred records are processed, when it comes back to Joe for his signature, it'll be mostly a formality,

Margo I.. Stevens fOI.Jt .J\nalyst/'Team Leader (Contractor)

OUO/(j'I:MS/I11j,>rnrnlt011 )en1 1ces 'Brancfi

'U.S. ~N'ucrear 1{eg11(atory Comnwswn 11545 'Rockvi((e 'Pike, ~Mai[ Stop 'T:2f7

'Rocf:tv1ffe, ~Maryumcf 20852 1e(eyfione #: (.~01) 415-8148 (b_)(_6)_ __,

From:l....

Sent: Thursday, October 19, 2017 10:52 AM To: Stevens, M argo <M argo.Stevens@n rc.gov>

Subject:

RE : Checking in Good morning, Yes I received the CD on Monday, once I finish my review I will give it to Joe to review. He is out of the office next week so you many not receive a response until the week after, Thanks, please keep me informed of the next steps.

Thanks, l(b)(s) I From: Stevens, M argo Sent: Thursday, Oct ober 19, 2017 9:52 AM To: j(b)(6) I

Subject:

Checki ng in Good morning l(b)(6) i I just wanted to touch base quickly with you to (1) confi rm your receipt of the CD Tina hand-carried to your offices last Friday (October 13th ), which contained a transparent view of the C13-055 records, which is the only remaining item in

Lucas Hixson's request, FOIA-2016-0731; and (2) find out how your review is going (as the 10-day metric will expire October 26th ).

(b)(5), (b)(6)

Thanks.

Margo L. Stevens JOI.Jl ..'Ana(yst/ Team Leader (Contractor)

OCJO/ §'L:MS/ Information Services 13rancfi

'll.S. Nucfear 'Regu(atory Commi sion 11545 'Rockvi{(e 'Pike, :Mai{Stoy T :277

'Roclivi((e, :Ma ryfamf 20852 Te{eyfione #: (301) 415-8148

From: Stevens Margo To: Davidson Evan: Kauffman Lisa Cc: Smith Ashley

Subject:

RE: FOINPA-2016-00731 Action Item/Instructions Review of Referred Records Date: Thursday, July 06, 2017 11 :59:00 AM Thanks. I will check on this second FOIA.

(b)(5)

Jv1 argo L. Stevens

fOI.'A. .'A.nafysl/Tea m Leader- (Con tract or)

OCIO/(j'E~MS/Inforrnat 1011 Services 'Bra ncli

'U.S. Nuc(ear 'Ret7u(atory Com1111ss1011 11145 'Rodivi((e 'Pike, .'Mai(St<~p 'i-2r1

'Roc/i-v,lfe, :Maryl"a11a 20852

Te(e_pl1011e #: (301) 415-8148 From: Davidson, Evan Sent: Thursday, Ju ly 06, 2017 11:32 AM To: Kauffman, Lisa <Lisa .Ka uffma n@nrc.gov>; Stevens, Margo <Margo.Stevens@n rc.gov>

Cc: Smith, Ashley <Ash ley.Sm ith@ nrc.gov>

Subject:

RE: FOIA/PA-2016-00731 Action Item/Instructions Review of Referred Records Lisa, Margo, (b)(5)

Please take a look and let us know t he path forward.

Than ks, Evan From: Kauffman, Lisa Sent: Thursday, Ju ly 06, 2017 10:31 AM To: Davidson, Evan <Evan.Davidson@nrc.gov>; Smith, Ashley <Ashley.Smith@nrc.gov>

Subject:

RE: FOIA/PA-2016-00731 Action Item/Instructions Review of Referred Records This was her response:

(b)(5)

From: Davidson, Evan Sent: Thursday, Ju ly 06, 2017 10:24 AM To: Kauffman, Lisa <Ljsa.Kauffman@nrc.gov>; Smit h, Ashley <Ashley.Smitb@orc.gov>

Subject:

RE: FOIA/PA-2016-00731 Action Item/Instructions Review of Referred Records

Thanks, Evan From: Kauffma n, Lisa Sent: Thursday, July 06, 2017 10:11 AM To: Smith, Ashley <Ashley.Smitb@orc.gov>

Cc: Davidson, Evan <Evan.Davjdson@nrc gov>

Subject:

FW: FOIA/PA-2016-00731 Action Item/Instructions Review of Referred Records Hi Ashley, I sent this to Evan yesterday and he told me that DE and DSS would be the technical divisions to evaluate the highlighted portions of this record. Can you work with DE to decide which portions fall under DSS vs. DE?

Release determinations are due back to me by July 17th .

Thanks, Lisa From: Kauffman, Lisa Sent: Wednesday, July 05, 2017 10:16 AM To: Davidson, Evan <Evan Davjdson@nrc gov>

Subject:

FW: FOIA/PA-2016-00731 Action Item/Instructions Review of Referred Records Hi Evan,

I asked Trent and he said DE would be the right division to review this record. Basically the FOIA office iust wants NRR to review, (b)(5)

"""'":--:-~----:---:----:-----:------:---=---:---:-::--------------IIA determination is due back to me by July 17m_

Let me know if you have any questions.

Thanks, Lisa From: Stevens, Margo [mailto;margo.steyens@nrc.goy]

Sent: M onday, July 03, 20171:32 PM To: Rids NrrMailCenter Resource <RidsNrrMai lCenter.Resource@nrc.gov>

Cc: Kauffman, Lisa <Usa.Kauffman@nrc gov>; Stevens, Margo <Margo.Stevens@nrc.gov>

Subject:

FOIA/PA-2016-00731 Act ion Item/Inst r uctions Review of Referred Records A referral for FOIA/PA-2016-00731 is being assigned to NRR on July 3, 2017. Happy Fourth of July!!

The due date is July 17, 2017, which is ten (10) working days from the date of this e-mail.

The action needing to be taken:

_ _ Provide your office's concurrence or non-concurrence in the originating office's recommendations for disclosure or withholding of each record; or

_ x_ Provide a disclosure determination/recommendation for each record that was identified by another office as a record for which your office is responsible and which is subject to this request; or Provide a disclosure detennination/recommendation for each record that was referred to the NRC for review or consultation by [insert name of other agency].

(b)(5)

NRC Form 496, "Report of Staff Resources for Processing FOIA Request" is available in the NRC Forms Library for your use.

The Government Information Specialist for this request is Margo Stevens, who can be reached at 301-415-8148. or Margo.Stevens@nrc.gov.

Thank you .

From: Stevens Margo To: 1.1::C

Subject:

Status Update on FOIA-2016-0731 Date: Friday, June 02, 2017 12:02:00 PM Hello Lucas.

Although originally Karen Danoff and I were handling the requests that we've received for the records that an NRG staff member had added to ADAMS (as well as records relating to various OIG matters and the 2014 FOIA Public Meeting, which your request also sought),

due to the shifting of workload as a result of staff losses, I am now handling all of them.

Based upon the responses issued to date (including interim response #14 that you were notified of this morning), I wanted to provide you a status update on the request that you filed , and the records for which I believe we still owe you a final determination. Of the 62 records, or groups of records, itemized in your request, the following records remain outstanding:

11. OIG A 13-07104/C13-002 records

15. OIG A13-07296/C13-055 records

31. ML16201A086

32. ML16201A093

33. ML16201A095

34. ML16201A100

35. ML16202A536

36. ML16202A537

37. ML16202A538 With regard to the records responsive to items 31 -37, they included equities belonging to the Office of Special Counsel (OSC), which necessitated a consultation with OSC. Our consultation with OSC is now complete and we are now awaiting disclosure recommendations from one program office. With regard to the OIG records responsive to items 11 and 15, I have received the records from OIG and have begun my review/redaction of them.

I am eager to complete work on them (as I'm sure you are as well) and can promise you that as soon as I receive the disclosure recommendations from the one program office, I will turn my attention to preparing the FOIA Officer's last response and then the responses for the OIG. s. I note that the OIG files are sizeable and will take some time to review and redact . At this point in time, I cannot provide you an estimated completion date that I believe is a reliable one. In the interim, should you have any questions, or wish to discuss any other matters relating to your request (including the "constructive denial" appeal, FOIA-2017-0073A), please do not hesitate to contact me. Certainly, if your records do not agree with mine as to the records remaining for us to process, please let me know as your earliest convenience.

I appreciate your continued patience. Thank you.

Margo L Stevens

JOI.'A .'Ana{ysl/'l'eam Leaaer (Contractor)

OCIO/§'EMS/Information Servzces 'Branch

'U.S. Nudear Regu(atory Commzssion 11545 'Rockvi{(e 'Pike, Mai{Stoy '1'-2:J7 1{ocfi.vilTe, Mary{ana 20852

'l'e{eyfwne #: (301) 415-BqB

From: Stevens Margo To: Ennis Jina Subject : RE: 2016-0731 (final) and 2017-0535 (interim)

Date: Friday, June 02, 2017 6:55:00 AM Attachments: image001.ong imaae002.ona iroage003..prig Yes please. And thanks.

Jvlargo L Stevens

_TOJ..,'l 5\na(yst/'I'eam Lea,fer (Contractor)

OUO/<;i'I:MS/I1~(orma l 1011 Services '.Branch

'U.S. :N'udenr 'Reyu(a101*y Comm1sswn 11545 Rock.vi((e T1ke, :Mai{Stoy 'T-:(T7

'Rockv1((e, .'Ma ry(ancr 208,:;;2 1deyfrone #: (301) 415-8148 From: Enn is, Tina Sent: Friday, June 02, 2017 6:48 AM To: Stevens, M argo <Margo.St evens@nrc.gov>

Subject:

RE: 2016-0731 (final) and 2017-0535 (interim)

Yes, we can. So, should I send OIG's response on to the requester for 2017-0535?

.%ta Y/511111;J FOIA Analyst (Contractor)

OCIO/GEMS/ISB U.S. Nuclear Regulatory Comm ission Location: T-5F18 I Mai lstop: T-5F09 ii' 301-415-5616 ~ Tina Ennis@orc gov From: Stevens, Margo Sent: Friday, June 02, 2017 6:10 AM To: Ennis, Tina <TINA ENNIS@nrc.gov>

Subject:

RE: 2016-0731 (final) and 2017-0535 (interim)

The 2016-0731 isn't FINAL. .. I apparently checked the wrong box. Hate to have to send it back to Joe to re-sign. Can we white out the check mark and write in the check in the proper box ...

2017-0535 is also an interim (correctly marked); I still am waiting on 0 1to finalize the Form 464 for Stephanie to sign.

Margo L. Stevens J 'ODt .Jlnalyst/'Team Leader (Contractor)

OUO/(j'L'MS/ Injonnat 1011 Services 'Brnncfi

'U.S. .W udC'ar 'Regufotorv Comm1.1*,fo11 11545 'Rocfi.v1{(e Ti!?.e, :Mm(Stop 'T-2:f7

'R.ockvil(e, :Marylanif 20852

'Tdepfione #: (301) 41r;-81..J.H From: En nis, Ti na Sent: Thursday, June 01, 2017 3:28 PM To: Stevens, M argo <Margo.Stevens@nrc.gov>

Subject:

2016-0731 (fi nal) and 2017-0535 (interim)

~ brought the subject packages down to me, and Joe signed them on the following date:

2016-0731-6/1 2017-0535 - 5/31 Please let me know if you need to do anything further before I do the closing and send the interim.

Thanks .

.b rr Yb,1111"J FOIA Analyst {Contract or)

OCIO/GEMS/ISB U.S. Nuclear Regulatory Comm ission Location: T-5F18 I Mai lstop: T-5F09 1 '301-415-5616 ~ I ioa.E oois@nrc.gov

From: Admio Admio To: lhixson@enyironserve com This interim response #13 is publicly available in ADAMS Cc: Stevens Margo as ML20346A194. These records are also addressed in

Subject:

FOIA/PA-2016-0731 Interim Response #13 multiple responses including interim response #10 to Date: Wednesday, April 26 , 2017 7 :49:39 AM Attachments: Interim Respon se # 13.pdf your NRC-2018-000096, which is publicly available in ADAMS as ML20350B587-589.

Dear Mr. Hixson:

We are pleased to inform you that we have completed more work on your request, FO IA/PA-2016-00731 .

Because the size of the file , consisting of the Form 464 response (copy attached), and set of released records, is too large to be emailed to you , we are mailing the Form 464 response, accompanied by a CD containing the released records, to you today as Interim Response #13 .

We are continuing to process your request.

Thank you .

Freedom of Information , Privacy & Information Collections Branch Customer Service Division , Office of the Chief Information Officer Mail Stop: T-5F09 U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 EOIA Resource@nrc gov Ph : 301 -41 5-7 169 Fax: 301 -415- 5130

From: Stevens Margo To: 1.1::C Subject : RE: Re: FOIA-2017-00073A Date: Tuesday, April 18, 2017 2:46:00 PM Mr. Hixson - let me get back with you in a few days. I have a call into the Office of Inspector General, as there are several of his records still to be processed. At the same time, I am also awaiting a response from my point-of-contact at the Office of Special Counsel on the handful of records that the FOIA Officer would respond to. I trust you received another interim response this morning. In reviewing my records of the processing of your request, the following items (as numbered from your request) remain outstanding:

1, 11, 12, 15, 16, 31-37, 46and60.

Thank you.

Jvlargo L. Stevens

fOD1 .J\na{yst/'Team Leader (Contractor)

OUO/{i'LMS/l11fonnalro11 Sen1ice1* 'Brancfi

'U.S. .Wudear 'RelJu{alory Commission 11545 'Rock.v tl(e 'Pil?.e, :Mai( Stop Y:2:f7

'R()CkvdTe, :Mary(and*.w855

'I'e{e_pfione # : (.w1) 4J<;-814R From: L H [mai lt o: lhixson@environserve.com]

Sent: Tuesday, April 18, 2017 9: 13 AM To: Stevens, M argo <Margo.St evens@nrc.gov>

Subject:

[External_Sender] Re: FOIA-2017-00073A Good Morning Ms. Stevens:

I hope t hat you had a wonderfu l Easter holiday with your fami ly and loved ones. I wanted to say thank you for following up with me.

I agree t hat it wou ld be good to be able to close out FOIA-2017-0073A as soon as possib le, but before I can agree - would you please provide me with a final date when all records wi ll be released to me by? As soon as we can agree on a good date when all records wil l be released, I would be happy to give the approva l to close out FOIA-2017-0073A.

Tha nk you so much for your time and consideration.

Best regards,

Lucas Hixson On 4/ 14/2017 8:48 AM, Stevens, M argo wrote:

Good morning Mr. Hixson. I wanted to take a moment and reach out to you with respect to the above-referenced "constructive denial" FOIA appeal, which you had submitted on November 1, 2016. As of that date, the NRC had yet to provide any response(s) to the underlying request, FOIA-2016-0731. However, beginning with the first interim response that was issued to you on December 22, 2016, we have been issuing interim responses. To date, 11 interim responses have been issued, and I am pleased to inform you that interim responses #12 and 13 are currently undergoing review by the Offices of General Counsel and Inspector General, respectively. According to my notes, once those responses are finalized and issued to you, which I expect to occur no later than month's end, the following items remain outstanding:

11 , 12, 15, and 16: These are Office of Inspector General (OIG) allegation/investigation files that had previously been denied in their entirety in FOIA requests that had been received while the investigations were still ongoing; I have received the records in one of them (item 15), which I can tell you are voluminous. I am awaiting confirmation of the present status of the investigations to which the records responsive to items 11 , 12, and 16 relate Items 31-37 and 60: Inasmuch as the records responsive to these items mention the Office of Special Counsel (OSC), we had reached out to OSC some time ago to obtain their views respecting disclosure. Although I have been following up with OSC regularly, our consultation remains outstanding (in part due to the change in Administrations, an organizational realignment within OSC affecting the FOIA program, and other workload).

I suspect that the remaining items will be addressed in one or two more responses from the OIG and one more response from the FOIA Officer. Since your appeal was based on the lack of the NRC's response to your request, and I hope you can agree that we have been making a good faith, and steady, effort to provide interim responses to you (and will continue to do so through completion) , I wondered whether you would be agreeable to withdrawing FOIA-2017-0073A at this time (as it will become moot once we issue the final response anyway). Of course, should you wish to submit an appeal as to any of the denied records (or portions thereof), you could do so once the final response has been issued.

Thank you .

Margo L. Stevens FOIA Analyst/Team Leader (Contractor)

OCIO/GEMS/lnformation Services Branch U.S. Nuclear Regulatory Commission 11S4S Rockville Pike, Mail Stop T-2F7 Rockville, Maryland 20855 Telephone #: (301) 415-8148

Lucas W. Hixs on Director , Fie ld Operations Environmental Services th is email

From: Stevens Margo To: Blaney Stephanie Subject : FW: Re: FOIA-2017-00073A Date: Tuesday, April 18, 2017 9:21 :00 AM While I was over talking with you , I received this response from Lucas. I could probably figure out an estimate for the remaining OIG records, but I'm at a loss about the ones we're waiting on OSC for. I just left a voicemail with Dawn Kral, the OSC FOIA Public Liaison, who has been my point of contact. She actually has changed her outgoing message; she says that she is in the office today, but unable to take the call and she'll call back soon. So, l(b)(5)

Jvlargo L Stevens J'OI.'A. .'A.na(yst/'I'eam Lew£er (Contractor)

OCIO/(j'.EJvlS/Infonnation Services 'Brandi

'U.S. :Nudear 'Regufatory Commtsswn 11545 'Rockv1{(e 1J1ke, Jv11.,11{ Stoy 'T-2:f7

'Rocfiv,lTe, J\1ary(imd*20855

'I'deyfione #: (w1) 415-8148 From: L H [2]

Sent: Tuesday, April 18, 2017 9: 13 AM To: Stevens, M argo <Margo.Stevens@nrc.gov>

Subject:

[External_Sender] Re: FOIA-2017-00073A Good Morning Ms. St evens:

I hope t hat you had a wonderfu l Easter holiday with your fami ly and loved ones. I wanted to say thank you for following up with me.

I agree t hat it would be good to be able to close out FOIA-2017-0073A as soon as possib le, b ut before I can agree - would you please provide me with a final date when all records wil l be released t o me by? As soon as we can agree on a good date when all records wil l be released, I would be happy to give the approval to close out FOIA-2017-0073A.

Tha nk you so much for you r t ime and consideration.

Best regards, Lucas Hixson

On 4/14/ 2017 8:48 AM, Stevens, Ma rgo w rote:

Good morning Mr. Hixson. I wanted to take a moment and reach out to you with respect to the above-referenced "constructive denial" FOIA appeal, which you had submitted on November 1, 2016. As of that date, the NRG had yet to provide any response(s) to the underlying request, FOIA-2016-0731. However, beginning with the first interim response that was issued to you on December 22, 2016, we have been issuing interim responses. To date, 11 interim responses have been issued, and I am pleased to inform you that interim responses #12 and 13 are currently undergoing review by the Offices of General Counsel and Inspector General, respectively. According to my notes, once those responses are finalized and issued to you , which I expect to occur no later than month's end, the following items remain outstanding:

11 , 12, 15, and 16: These are Office of Inspector General (OIG) allegation/investigation files that had previously been denied in their entirety in FOIA requests that had been received while the investigations were still ongoing; I have received the records in one of them (item 15), which I can tell you are voluminous. I am awaiting confirmation of the present status of the investigations to which the records responsive to items 11 , 12, and 16 relate Items 31 -37 and 60: Inasmuch as the records responsive to these items mention the Office of Special Counsel (OSC), we had reached out to OSC some time ago to obtain their views respecting disclosure. Although I have been following up with OSC regularly, our consultation remains outstanding (in part due to the change in Administrations, an organizational realignment within OSC affecting the FOIA program, and other workload) .

I suspect that the remaining items will be addressed in one or two more responses from the OIG and one more response from the FOIA Officer. Since your appeal was based on the lack of the NRC's response to your request, and I hope you can agree that we have been making a good faith, and steady, effort to provide interim responses to you (and will continue to do so through completion) , I wondered whether you would be agreeable to withdrawing FOIA-2017-0073A at this time (as it will become moot once we issue the final response anyway). Of course, should you wish to submit an appeal as to any of the denied records (or portions thereof), you could do so once the final response has been issued.

Thank you.

Margo L. Stevens FOIA Analyst/Team Leader (Contractor)

OCIO/GEMS/lnformation Services Branch U.S. Nuclear Regulatory Commission 11545 Rockville Pike, Mail Stop T-2F7 Rockville, Maryland 208SS Telephone#: (301) 415-8148

Lucas W. Hixson Director, Field Operations Environmental Services be

From : EOIA Resource To : lhixsoo@enyironserve com Cc: Stevens Margo Subject : FOIA/PA-2016-0731 Interim Response #12 Date: Tuesday, April 18, 2017 8:48 :10 AM This interim response is publicly available in Attachments: Interim Respon se # 12.pdf ADAMS as ML20294A149.

Dear Mr. Hixson :

We are pleased to inform you that we have completed more work on your request ,

FOIA/PA- 2016-00731. Please find attached interim response #12.

We are continuing to process your request .

Thank you .

Freedom of Information, Privacy & Information Collections Branch Customer Service Division , Office of the Chief Information Officer Mail Stop: T-5F09 U.S. Nuclear Regulatory Commission Washington , D.C . 20555 -0001 EOIA,Resource@nrc.gov Ph: 301-415-7169 Fax: 301-415-5130

From : Stevens Margo To : Blaney Stephanie Subject : FOIA_20 16-0731 # 12 This interim response is publicly available in Date: Tuesday, April 18, 2017 6:29:00 AM Attachments: NRG 4.64 Part I _2_Q_16:QZ31_#1~pdf ADAMS as ML20294A149. The concurrence NRC 464 E'artJL2.0-1 6-0-731#12.odf copy is included herein.

An email from OGC's mailroom late yesterday informed me th at the above interim respo nse is ready for pickup. Thought it wou ld make life simpler to email you the Form 464, with Lisa's concurrence in the grid and the date on it, so you can electronically sign and then print it. I am readying the pages to accompany the response and have left an email for Ti na to pick up the package (since Lesl ie only sent the notifying email to me).

Thanks.

Margo L. Stevens J'OI.Jl ..'Ana(yst/Team Leader (Contractor)

OCJO/§'L:MS/Information Services 13rancfi

'll.S. Nucfear 'Regu(atory Commi sion 11545 'Rockvi{(e 'Pike, :Mai{Stoy T:277

'Roclivi((e, :Ma ryfand 20855 Te{eyfione #: (301) 415-8148

NRC FORM 464 Part I U.S. NUCLEAR REGULATORY COMMISSION FOIA RESPONSE NUMBER t~¥'

(03-2017)

s RESPONSE TO FREEDOM OF I 2016-0731 11 12 I

~,......':.Ji INFORMATION ACT (FOIA) REQUEST 0

RESPONSE

INTERIM FINAL TYPE REQUESTER: DATE:

04/ 18/2017

!Lucas H ixson 11 I DESCRIPTION OF REQUESTED RECORDS:

R ecords corresponding to items 43 (ML16216A707), 48 (MLI 6216A712), and 62 (ML I 6244A008), as further explai ned in the Comments Section, below.

PART I. -- INFORMATION RELEASED You have the right to seek assistance from the NRC's FOIA Public Liaison. Contact information for the NRC's FOIA Public Liaison is a va ilable at b.llQ§_;LLwww.nrMQYLreadi 09::[D'l/foia/contact-foia.h1ml

[Z] Agency records subject to the request are already available on the Public NRC Website, in Public ADAMS or on microfiche in the NRC Public Document Room.

[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 that agency (see comments section) for a disclosure determination and direct response to you.

[Z] We are continuing to process your request.

[Z] See Comments.

PART I.A ** FEES NO FEES AMOUNr You will be billed by NRC for the amount listed.

[Z] Minimum fee threshold not met.

II II You will receive a refund for the amount listed. Due to our delayed response, you will

see Comments for details Fees waived. not be charged fees ..

PART I.B -- INFORMATION 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 FOIA ("exclusions"). 5 U.S.C. 552(c). This is a standard notification given to all requesters; it sh ould 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

[Z] 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 by sending a letter or e-mail to the FOIA Officer, at U.S. Nuclear Regulatory Commission, Washington, D.C. 20555-0001 , or FOIA.Reso\ill,_~[lrc.gov. Please be sure to include on your letter or email that it is a "FOIA Appeal." You have the right to seek dispute resolution services from the NRC's Public Liaison, or the Office of Government Information Services (OGIS). Contact information for OGIS is available at bttQs:l/ogis i;l[cbilles,govlabQut-Qgis~Qtl;lQt-informl;ltiQ ,tJtm PART I.C COMMENTS ( Use attached Comments continuation page if required)

This interim response addresses three more of the records ( or groups of r ecords) enumerated i n your request. Please note that, since the date of your request, these records have been removed from ADAMS. However , because the NRC was able to locate the records by their accession numbers when your request was r eceived, we have processed th e records.

[conti@ed on next page]

Signature - Freedom of Information Act Officer or Designee Distribution I ioac; NRR, R ES I OFFICE ACTION OFFICER FOIA OFFICER OGC NAME ML Stevens SA Blaney L Clark PUBLIC ADAMS DATE 04/10/2017 04/10/2017 04/17/2017 NON-PUBLIC ADAMS NRC Form 464 Part I (03-2017) Page 1 of 3

NRC FORM 464 Part I U.S. NUCLEAR REGULATORY COMMISSION FOIA RESPONSE NUMBER (03-2017) 1 2016-0731 11 12 RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST Continued

RESPONSE

TYPE 0 INTERIM FINAL REQUESTER: DATE:

!Lucas Hixson 11 04/18/2017 PART I.C COMMENTS (Continued)

The record responsive to item 43 of your request consists of a June I 0, 2013 emai I from an NRC staff member (who has furnished a privacy waiver) to various NRC staff and NTEU Chapter 208, which the staff member then forwarded to Chairman Macfarlane and her Legal Assistant on June 13, 2013. We have enclosed a redacted version of this record.

Consistent with the manner in which the PPT slides (items 3 and 4 of your request) that were addressed in interim response

11 were redacted, certain portions of the email have been redacted, and the attachment withheld in its entirety, on the basis of exemption 5, as it incorporates the deliberative process privilege. This attachment was previously denied in response to FOIA-2015-0020.

The record responsive to item 48 ofyouir request consists ofan email, dated March 29, 2013, transmitting to the Chairman and various NRC staff, including in the FOIA Office, a letter in which he seeks to appeal the fai lure to respond timely to three FOIA requests (FOIA-2013-0126, 2013-0127, and 2013-0128) that this same NRC staff member (who has provided a privacy waiver) or other third party individuals, have filed. This appeal letter included 16 enclosures, many of which are already available to the public as noted below, or are enclosed herein:

Enclosure 1: Incoming request, FOIA-2013-0126 (ML13044A481)

Enclosure 2: Acknowledgment letter for FOIA-2013-0126 (enclosed)

Enclosure 3: Incoming request, FOJA-2012-0128 (MLI2030AI05)

Enclosure 4: Acknowledgment letter for FOlA-2012-0128 (ML12363A094)

Enclosure 5: Form 464 response to FOJA-2012-0128#1 (ML16216A712)

Enclosure 6: Incoming request, FOIA-2012-0325 (ML12263A087)

Enclosure 7: President Obama's Memorandum on the FOlA (https://www.dol.gov/dol/foia/2009 _FOIA_ memo.pdf)

Enclosure 8: Attorney General Holder's Memorandum on the FOIA (hltps://www.justice.gov/sites/default/fi les/ag/

Jegacy/2009/06/24/foia-memo-march2009.pdt)

Enclosure 9: List ofNRC Correspondence, Memos and Studies Regarding Failure of Jocassee Dam (this list has been attached to multiple documents that arc publicly available, and is part of the Boxer letter included in ML! 6244A008 that is addressed in this response as well).

Enclosure 10: incoming request, FOlA-2013-0127 (ML13044A486)

Enclosure 11: Acknowledgment letter for FOlA-2013-0127 (enclosed)

Enclosure 12: Acknowledgment letter for FOJA-2013-0034 (enclosed)

Enclosure 13: Incoming request, FOlA-2013-0008 (ML12283A329)

Enclosure 14: Incoming request, FOJA-2013-0013 (ML12290A070)

Enclosure 15: Incoming request, FOlA-2013-0128 (ML09 l l 70104)

Enclosure 16: Acknowledgment letter for FOIA-2013-0128 (enclosed)

The record responsive to item 62 consists of an email from this same NRC staff member (who has provided a privacy waiver) to Commissioner Ostendorff, in which he forwarded an email exchange he had had with another NRC staff member and attached several other records. This email and tbe attached records were previously released in part as ML15128A61 O; we have revisited the material that had been redacted pursuant to exemption 5 as it incorporates the deliberative process privilege. We continue to assert exemption 6 for a cell# of another NRC staff member. The record, with content restored, is enclosed. The November 14, 20 I 2 letter to Senator Boxer is also enclosed with the author's Pll restored, in light of the privacy waiver he furnished.

NRC Form 464 Part I (03-2017) Page 3 of 3

NRC FORM 464 Part II U.S. NUCLEAR REGULATORY COMMISSION FOIA (03-2017)

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~~

.....l

. RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST I

I 20 16-0731 # 12 DATE:

04/ 18/2017 I