ML13071A203
| ML13071A203 | |
| Person / Time | |
|---|---|
| Issue date: | 03/05/2013 |
| From: | Sealing D NRC/OIS/IRSD/RFSB |
| To: | Zorn J Nuclear Energy Institute |
| References | |
| FOIA/PA-2013-0071 | |
| Download: ML13071A203 (5) | |
Text
NRC FORM 464 Part I U.S. NUCLEAR REGULATORY COMMISSION FOIA/PA RESPONSE NUMBER (10-2012) 4I.0PQA 0307 RESPONSE TO FREEDOM OF a* ; INFORMATION ACT (FOIA) / PRIVACY ACT PA)REQESTRESPONSE ACT (PA)REQUEST E] FINAL ZPARTIAL TYPE REQUESTER DATE Jason Zorn MAR 0 5 200 PART I. -- INFORMATION RELEASED No additional agency records subject to the request have been located.
DRequested records are available through another public distribution program. See Comments section.
APPENDICES Agency records subject to the request that are identified in the listed appendices are already available for A public inspection and copying at the NRC Public Document Room.
5W APPENDICES Agency records subject to the request that are identified in the listed appendices are being made available for B ]public inspection and copying at the NRC Public Document Room.
D- Enclosed is information on how you may obtain access to and the charges for copying records located at the NRC Public Document Room, 11555 Rockville Pike, Rockville, MD 20852-2738.
[r] APPENDICES 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 comments section) for a disclosure determination and direct response to you.
W1 We are continuing to process your request.
D See Comments.
PART L.A -- FEES AMOUNT* You will be billed by NRC for the amount listed. D None. Minimum fee threshold not met.
See comments for details 0- You will receive a refund for the amount listed. 1 F wie PART I.B -- INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE Dl No agency records subject to the request have been located. For your information, Congress excluded three discrete categories of law enforcement and national security records from the requirements of the FOIA. See 5 U.S.C. § 552(c)
(2006 & Supp. IV (2010). This response is limited to those records that are subject to the requirements of the FOIA. This is a standard notification that is given to all our requesters and should not be taken as an indication that excluded records do, or do not, exist.
W* Certain information in the requested records is being withheld from disclosure pursuant to the exemptions described in and for the reasons stated in Part I1.
- This determination may be appealed within 30 days by writing to the FOIA/PA Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. Clearly state on the envelope and in the letter that it is a "FOIA/PA Appeal."
PART I.C COMMENTS ( Use attached Comments continuation page if required)
The incoming FOIA request is located in ADAMS at ML12361A021.
I' NRC FORM 464 P 12)
NRC FORM 464 Part II U.S. NUCLEAR REGULATORY COMMISSION FOIA/PA DATE (1-2012)
RESPONSE TO FREEDOM OF INFORMATION 2013-0071 ACT (FOIA) / PRIVACY ACT (PA) REQUEST I fA, 0 5 2013 PART II.A -- APPLICABLE EXEMPTIONS PPENDICES Records subject to the request that are described in the enclosed Appendices are being withheld in their entirety or in part under the
[ I Exemption No,(s) of the PA and/or the FOIA as indicated below (5 U.S.C. 552a and/or 5 U.S.C. 552(b)).
D Exemption 1: The withheld information is properly classified pursuant to Executive Order 12958.
ED Exemption 2: The withheld information relates solely to the internal personnel rules and practices of NRC.
[_J Exemption 3: The withheld information is specifically exempted from public disclosure by 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., Section 4702(b), prohibits the disclosure of contractor proposals in the possession and control of an executive agency to any person under section 552 of Title 5, U.S.C. (the FOIA), except when incorporated into the contract between the agency and the submitter of the proposal.
D Exemption 4: The withheld information is a trade secret or commercial or financial information that is being withheld for the reason(s) indicated.
D The information is considered to be confidential business (proprietary) information.
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 was submitted by a foreign source and received in confidence pursuant to 10 CFR 2.390(d)(2).
D Disclosure will harm an identifiable private or governmental interest.
7] Exemption 5: The withheld information consists of interagency or intraagency records that are not available through discovery during litigation.
II Applicable privileges:
z] Deliberative process: Disclosure of predecisional information would tend to inhibit the open and frank exchange of ideas essential to the deliberative process. Where records are withheld in their entirety, the facts are inextricably intertwined with the predecisional information.
There also are no reasonably segregable factual portions because the release of the facts would permit an indirect inquiry into the predecisional process of the agency.
D Attorney work-product privilege. (Documents prepared by an attorney in contemplation of litigation)
D Attorney-client privilege. (Confidential communications between an attorney and his/her client)
F]
F-1 Exemption 6: The withheld information is exempted from public disclosure because its disclosure would result in a clearly unwarranted invasion of personal privacy.
F Exemption 7: The withheld 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 enforcement proceeding (e.g., it would reveal the scope, direction, and focus of enforcement efforts, and thus could possibly allow recipients to take action to shield potential wrong doing or a violation of NRC requirements from investigators).
(C) Disclosure could constitute an unwarranted invasion of personal privacy.
D (D) The information consists of names of individuals and other information 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.
D OTHER (Specify)
PART II.B -- DENYING OFFICIALS Pursuant to 10 CFR 9.25(g) 9.25(h), and/or 9.65(b) of the U.S. Nuclear Regulatory Commission regulations, it has been determined that the information withheld is exempt from production or disclosure, and that its production or disclosure is contrary to the public interest. The person responsible for the denial are those officials identified below as denying officials and the FOIA/PA Officer for any denials that may be appealed to the Executive Director for Operations (EDO).
DENYING OFFICIAL ___
___ ___ TITLE/OFFICE
__________ ___ ___ ___ __ ___ __ ___ RECORDS
__ ___ ___ DENIED ___ __ APPELLATE EDO SECYOFFICIAL IG Cynthia A. Carpenter Director, Office of Administration See Appendix C Z D] ED E] [] El Appeal must be made in writing within 30 days of receipt of this response. Appeals should be mailed to the FOIA/Privacy Act Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, for action by the appropriate appellate official(s). You should clearly state on the envelope and letter that it is a "FOIA/PA Appeal."
NRC FORM 464 Part II (1-2012)
FOIA 2013-0071 APPENDIX A RECORDS ALREADY PUBLICLY AVAILABLE NO. DATE ADAMS NUMBER DESCRIPTION (PAGE COUNT) 1 04/22/2011 ML103090542 Memo to R. W. Borchardt Re Revision to the Common Prioritization of Rulemaking Process (6 pgs)
- 2. 04/22/2011 ML110890382 Draft Revised Methodology and Rationale for Common Prioritization of Rulemaking, (4 pgs)
FOIA 2013-0071 APPENDIX B RECORDS BEING RELEASED IN THEIR ENTIRETY NO. DATE DESCRIPTION (PAGE COUNT)/EXEMPTION 1 08/10/2011 OCFO FY 2012-FY 2013 Common Prioritization of Rulemaking Report, Report 1 (3 pages) 2 08/10/2011 OCFO FY 2012-FY 2013 Common Prioritization of Rulemaking, Report 2 (5 pages) 3 08/10/2011 OCFO FY 2012-FY2013 Common Prioritization of Rulemaking, Report 3 (27 pages) 4 11/23/2011 FSME Rule Ranking Factors, Common Prioritization of Rulemaking FY 12/13 (6 pages) 5 12/27/2011 OGC-led Rulemakings in FY 2012-2014 (2 pages) 6 10/22/2012 Priority Basis for Office of Reactor Regulation Rules in the Common Prioritization of Rulemaking Database (6 pages) 7 02/09/2012 Office of New Reactors Rule Ranking Documentation for FY1 3/14 (10 pages) 8 04/18/2012 FSME Rule Ranking Documentation FY 13/14 (5 pages)
0 FOIA 2013-0071 APPENDIX C RECORDS BEING WITHHELD IN PART NO. DATE DESCRIPTION (PAGE COUNT)/EXEMPTION 1 02/09/2011 Office of International Programs FY 13/14 Common Prioritization of Rulemaking Factor Justifications (1 page; Exemption 5) 2 08/21/2012 OCFO FY 2013-FY2014 Common Prioritization of Rulemaking, Report 1 (4 pages; Exemption 5) 3 08/21/2012 OCFO FY 2013-FY2014 Common Prioritization of Rulemaking, Report 1 (5 pages; Exemption 5) 4 08/21/2012 OCFO FY 2013-FY2014 Common Prioritization of Rulemaking, Report 1 (27 pages; Exemption 5)