ML19106A200
| ML19106A200 | |
| Person / Time | |
|---|---|
| Issue date: | 04/11/2019 |
| From: | Blaney S A NRC/OCIO |
| To: | Winter V O'Melveny & Meyers LLP |
| Shared Package | |
| ML19106A205 | List: |
| References | |
| FOIA, NRC-2019-000247 | |
| Download: ML19106A200 (3) | |
Text
NRC FORM 464 Part I U.S. NUCLEAR REGULATORY COMMISSION NRC RESPONSE NUMBER (04-20 1 8) ~C;-,>*"Ca<.,( ..... I NRC-2019-00024711 I I f~*~ RESPONSE TO FREEDOM OF ;~ l INFORMATION ACT (FOIA) REQUEST RESPONSE 0 INTERIM D FINAL .. ~.., ~fl TYPE ..... REQUESTER:
DATE: lvision Winter 11 04/11/2019 I DESCRIPTION OF REQUESTED RECORDS: (1) FOIA requests/responses related to Hunter s Point Naval Shipyard (HPNS) since 2009; (2) records relating to procure-ment and execution of all contracts/agreement s with Tetra Tech entit i es , (3) records of communications with , or reflecting work done b y 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 i ng-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. D Records subject to the request that contain information originated by or of interest to another Federal agency have been referred to 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 11 1 1 D You will be billed by NRC for the amount ind i cated. D Since the minimum fee threshold was not met , AMOUNT you will not be charged fees. D You will receive a refund for the amount indicated. D Due to our delayed response , you w i ll not be D Fees waived. charged search and/or duplication fees that would otherwise be appl i cable to your request. PART 1.8 --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 nationa l security records as not subject to the FOIA (" exclusions
"). See 5 U.S.C. 552(c). This i s 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 i s sue d in response to your request when we issue our final dete r minat i on. 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 appea l 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/a ction/publi c/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/read i ng-r m/ fo ia/c ontact-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 o r the Office of Government Informat i on Services (OGIS). To seek dispute resolution services from OGIS , you may e-mail OGIS at ogis@nara.gov , send a fax to (202) 7 41-5789 , 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 b ttps://www.archives.gov/ogis.
NRC FORM 464 Part I U.S. NUCLEAR REGULATORY COMMISSION RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST PART I.D --COMMENTS NRC RESPONSE NUMBER I NR C-2019-000 2 41 I I I RE~~~SE I./ I INTERIM D FINAL 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: ML 15034A338 and ML 15068A 135. 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 Stephanie A. Blaney Digitally signed by 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) RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST PART II.A --APPLICABLE EXEMPTIONS
... ,-N-R-C--2-0-1-9--0-00_2_4~7 , DATE: 1 0411112019 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 Sect i ons 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 Unclass i fied 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 i nformation is a trade secret or confidential commercial or financial information that is being withheld for the reason(s) L!J 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). [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. '11 Exemption 6: The withheld informat i on from a personnel , medical , or similar file , is e x empted from public disclosure because its disclosure would result L!J in a clearly unwarranted invasion of personal pr i vacy. [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) D i sclosure could reasonably be expected to i nterfere with an open enforcement proceeding. [ZJ (C) Disclosure could reasonably be expected to constitute an unwarranted invasion of personal privacy. D (D) The information consists of names and other information the dis c losure of which could reasonably be expected to reveal identities of confidential sources. D (E) Disclosure would reveal techniques and procedures for law enforcement investigations or prosecutions , or guidelines that could reasonab l y be 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. DENYING OFFICIAL TITLE/OFFICE RECORDS DENIED APPELLATE OFFICIAL EDO SECY I Stephanie Blaney 11 FOIAOfficer 11 Proprietary , PII , Deliberative 0 D I 11 Select Tiije/Office from drop-down list I I D D I 11 Select Tiije/Office from drop-down list I I D D I 11 Select Tiije/Office from drop-down list 11 I D D NRC Form 464 Part II (04-2018)