ML18053A619

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NRC-2018-000301 - Appeal Response Letter to NRC-2018-000068
ML18053A619
Person / Time
Issue date: 02/21/2018
From: Vietti-Cook A L
NRC/OCIO, NRC/SECY
To: Tarver J
- No Known Affiliation
Shared Package
ML18053A592 List:
References
FOIA, NRC-2018-000068, NRC-2018-000301
Download: ML18053A619 (3)


Text

! I UNITED STATES NUCLEAR REGULATORY COM.MISSION WASHINGTON, O.C. 20555-0001 SECRETARY Julian Tarver DOC885530 Washington State Penitentiary IMU South H-2 1313 N 131h Avenue Walla Walla, WA 99362

Dear Mr. Tarver:

February 21, 2018 IN RESPONSE REFER TO: NRC-2018~000301 NRC-2018-000068 On behalf of the U.S. Nuclear Regulatory Commission (NRC), I am responding to your December 28, 2017, letter, in which you appealed the NRC's response to your Freedom of Information Act (FOIA) request dated December 19, 2017. 111 your FOIA request, you asked for "org chart, payscale, job duties/purpose, and cell# assigned" to a specific NRC employee.

In response to your request, the NRC provided you with three records, one of which had a portion redacted under Exemption 6 of the FOIA. The NRC's response also included a number of redacted pages marked as non-responsive records. In your December 28, 2017, letter, you state that you are appealing the "redaction of parts marked (non responsive), and the denial of the requested cell #" stating that there is "no* privacy concern for a public issued cell#." In reviewing the redaction applied to these records, there has been no denial of a cell phone number. The NRC's response did, for your information, inform you that the NRC does not release employee cell phone numbers for personal privacy reasons, but in this case the NRC did not provide you with a record containing the requested cell phone number because no such record exists. Nonetheless, I have reviewed the redaction and have determined that the information withheld under Exemption 6 can be released.

I have enclosed an unredacted copy of the chart and am granting your appeal with respect to that redaction.

With resp.ect to your appeal concerning non-responsive records, your FOIA request asked for the "job duties/purpose" for a specifically named NRC employee in the Office of the General Counsel (OGC). As evidenced by the OGC organizational chart also provided to you in* response to your request, this employee works in the "Legal Counsel, Legislation and Special Projects Division" df OGC. Thus, the NRG provided you with a record describing the responsibilities of that division.

The pages marked "non responsive record" are separate OGC records that do not relate to these divisional responsibilities and are outside the scope of your request. Therefore I am denying your appeal with respect to those records.

J. Tarver This is the final agency decision on your appeal. As set forth in the FOIA (5 U.S.C. 552(a}(4)(B)), you may seek judicial review of this decision in the district court of the United States in the district in which you reside or have your principal place of business.

You may also seek judicial review in the district in which the agency's records are situated or in the District of Columbia.

As part of the 2007 FOIA amendments, the Office of Government Information Services (OGIS) was created to offer mediation services to resolve disputes between FOIA requesters and Federal agencies as a nonexclusive.

alternative to litigation.

In other words, using OGIS services does not affect your right to pursue litigation.

If you are requesting access to your own records (which is considered a Privacy Act request), you should know that OGIS does not have the authority to handle requests made under the Privacy Act of 1°974. You may contact OGIS in any of the following ways: Office of Government Information Services National Archives and Records Administration 8601 Adelphi Road-OGIS College Park, MD 207 40 Email: oqis@nara.gov Telephone:

202-741-5770 Toll-free:

1-877-684-6448 Fax: 202-741..:5759 Sincerely,

Enclosure:

As stated I I MARIAN L ZOBLER A!;$ociete General Counsel for Licensing

& Regulation I BERNICE C. AMMON Assistant General Counsel tor legBI Counsel. Legislatbn and Special Pro)octs Michael J. Clark. Deputy Chari,es E. Mullins GraooH. Kim James E. Adler MW:helle D * .l.lbert Jeremy M. Suttenbefg EricMlchel Carrie McCann Jennifer Scro2 Rebecca L Glitter, Ethics. Specialist Meghan Creedon, Ethics Assistant Joeetyn Craig. Admint!ltratlve Assistant REGIONAL COUNSEL I

  • Brett M. Klukan II -Se rah W. Pzioe Ill
  • Jared K. HBCk JV-Vacent I I MARY B. SPENCltR Assistant Geneml Counsel' I ANDREW P. AVERBACH Solicitor I L_ I CARRIE M. SAFFORD Assistant General CoullSe\ for Reactors & Materials Rulemeking for High-level Wssts, Fuel (¥:le & Nuclear Security Tison A. Campbell, Deputy Geary S. Mizuno. Special Jessica A. Bletecld.

Deputy Lisa e. ctark Counsel Andrew S. Pessin Howard A. Benowitz Molly B. Mursh:J Adam S. Gendelrnan Joan W. Olmstead Theresa Barozy Christine L England Uoyd Sheldon Cfartl. Esther R. Houseman Ian G. Irvin Leure Shrum, Tuwanda Smith!> Andrea Cermeno. Angela B. Coggins Norman SL Amour Patricia A. Jehle Jome~ L Mattese Nicole E. Noelliste Kayla J. Gamin1 Alana M. Wa&e~ Mary Woods* Ashl8)' M. Church, Administrative Assistant Adm!nistmtive MSistant 1 On rotation -Honor Ulw Gradueto -Class of 2016 'J On rotation -Honor l.sw Graduate -Cles.s of 2017 'On d""'il to Capttol HHI (2/2017-1:/,/31/17)

  • 011 rotation from ADM (4/16/17-TBD)

'On rotation ham SBCR (WS/17-12/9/17)

  • On rO!atlon to NSIR (9/3-17-12/9/17)

' R&hired annuMnt OFFICE OF THE GENERAL COUNSEL MARGARET M. DOANE General Counsel Tarsha A. Moo11 Program Assistant BRADLEYW.

JONES Deputy Goneral Counsel Theresa M. Me'.fberry Progn'lm Assistant I PATRICK A. MDULDING Assistant General Counsel for Materials Litigation and Enforcement Mauri T. Lomoncem, Deplfty Marcia J. Simon SaraB.llirkwood Christopher C. Hotr Robert Carpenter Emily L Monteith David M. CylkOW'5ki Lorraine J. Baer 5abrlne C. Allen, Paralegal S~iallst LaTosha A. Greone,6 Admlni5tmtrve Assistant November 27, 2017 I EDWARD L WIWAMSON Associate General Counsel for Hearings, Enforcement

& Administration CYNTHIA E. DEKLE Chief Program Support Branch 'r'ana Shnayder.

S9nlor Budget Analyst Janet Smercak. Info. Mgmt Specialist Ma L Bowie. Management Analyst Daphene Fla,d, Management AMlstant Anthony de Jesus. Team Leader, Low Library Anne A. Frost, Legislative Spec la list Cynthla Davidson, Team Leader (Admln. Legal Support Services)

Leslie E. Vincent. Corr. & Ret:ord Tech. C. Ellen Manin, Correspondence .Ass.t. 1 SUSAN ff. YRAHORETIS Assistant General Counsel for Now Reactor Programs .Jodof C, Martin, Deputy Robert M. Weisman. Special Counsel Marcia Carpentier Mlehaet A. Spencer K8'J!n C. Roach Anthony Wilson Megan Wright Ann N. Hove Olivia J. Mikula Maxine Segernlckl JullsEwH2 B,itaney Manning, Administrative Assi&lant CATHERINE L SCOTT Asststant General Counsel tor Operating Reactors Catherine E. Kenatas, Deputy Sherwin E. Turk, Special Counsel for Utigptlon Mitzi A. Young David E. Roth BrianG.Harrfs Anita Ghosh Jeremy L Wachutka JoeGiUespie2 John M. Tibbetts.

Parelegal Specialist Sylvia Woods. Administrative Assistant Marvin L Itzkowitz' Senior Attorney Kropskaye Castellon Paralegal Specialist 1 NIARKJ. MAXIN Assis.tent General Counsel for Administration Robin A. Baum. Deputy and Special Counsel Elva Bowden Beny Ruth Kowarski Cooke Sara McAndrew Loura C. Zaccari Nina Bafundo Crlmm Michael L Norris Shannon Rogers Shelbie R. Lewman JackMcKlmm Daniel D~Straus Vinti D. Hoang Richard 0. Norwoodl Garrett D. He11der.1ont Del~ A. Greene, Adminlslmtive Assistant