ML19281D265

NRC-2020-000006 - Resp 1 - Final

ML19281D265
Person / Time
Issue date:	10/04/2019
From:	Stephanie Blaney Information Services Branch
To:	Devine T Government Accountability Project
Shared Package
ML19281D264	List: ML19281D265 ML19281D267
References
FOIA, NRC-2020-000006
Download: ML19281D265 (3)

Text

NRC FORM 464 Part I U.S. NUCLEAR REGULA TORY COMMISSION NRC RESPONSE NUMBER (06-2019)

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II RESPONSE TO FREEDOM OF I 2020-000006 11 1

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......... +O INFORMATION ACT (FOIA) REQUEST RESPONSE TYPE o* INTERIM 0 FINAL REQUESTER: DATE:

ITmn Devine 11 10/04/2019 I

DESCRIPTION OF REQUESTED RECORDS:

12 documents (which include one or more copies of 12 NRC-authored emails) referred to the U.S. Nuclear Regulatory Commission by the Department of Energy (DOE) in response to your request directed to the DOE, see~ing access to records since O1/20/2017, inter alia, relating to civil nuclear cooperation with Middle East countries, particularly Saudi Arabia.

PART I. -- INFORMATION RELEASED D The NRG 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/reading-rm/adams.html; (3) microfiche available in the NRG Public Document Room; or FOIA Online, https://foiaonline.gov/foiaonline/action/public/home.

[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

• D that agency (See Part I.D -- Comments) for a disclosure determination and-direct response to you.

D We are continuing to process your request.

[Z] See Part i. D -- Comments.

PART I.A -- FEES AMOUNT D You will be billed by NRG for the amount indicated. [Z] Since the minimum fee threshold was not met, you will not be charged fees.

D You will receive a refund for the amount indicated.

Due to our delayed response, you will not be 11 11 D Fees waived. D charged search and/or duplication fees that would otherwise be applicable to your request.

PART 1.8--INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE.

We.did not locate any agency records responsive to your request. Note: Agencies may treat three discrete categories of law D enforcement and national security records as not subject to the FOIA ("exclusions"). See 5 U.S.C. 552(c). This is a standard notification given to all requesters; it should not be taken to mean that any excluded records do, or do not, exist.

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

D 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 issued in response to your request when we issue our final determination.

[Z] 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 Com.mission, Mail Stop T-6 A60M, Washington, D.C. 20555-0001. You may submit an appeal by e-mail to FOIA.resource@nrc.gov. You may fax an appeal to (301) 415-5130. Please be sure to include on your submission that it is a "FOIA Appeal." Only a pre-registered user. may file an appeal through FOIA Online, https://

foiaonline.gov/foiaonline/action/public/home. A user who has not registered an account prior to filing the initial FOIA-request may still submit their appeal by one of the above mentioned options.

PART I.C ** RE.FERENCES 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/reading-rm/

foia/contact-foia.html, or by calling the FOIA P.ublic Liaison at (301) 415-1276.

If we have denied your request, you have the right to seek dispute resolution services from the NRC's Public Liaison or the Office of Government Information SeNices (OGIS). To seek dispute resolution services from OGIS, you may e-mail OGIS at ogis@nara.gov, se.nd a fax to (202) 741-5789., or send a letter to: Office of Government Information Services, National Archives and Records Administration, 8601 Adelphi Road, College Park, MD 20740-6001. Fo_r additional information about OGIS, please visit the OGIS website at https://www.archives.gov/ogis.

NRC FORM 464 Part I U.S. NUC.LEAR REGULATORY COMMISSION NRC RESPONSE NUMBER (06-2019)

RESPONSE TO FREEDOM OF 1 2020-000006 . 1 11 INFORMATION ACT (FOIA) REQUEST RE~~~SE D INTERIM I./ I FINAL PART I.D -- COMMENTS The Department of Energy (DOE) tias referred to us for direct reply to you multiple copies of 12 different emails that originated with staff in the Office of International Program (OIP) and the Office of General Counsel (OGC) of the U.S.

Nuclear Regulatory Commission. After conferring with the Departments of Energy and State, as well as our own subject matter experts in OIP and OGC, we are releasing nine emails in their entirety and three emails in part. Please refer to Part II of our response for the basis of the redactions. Please note that portions of the enclosed pages that include emails (and any attachments) originating with the DOE's National Nuclear Security Administration (NNSA) or State will be, or have been, addressed by those agencies, respectively.

Signature - Freedom of Information Act Officer or Designee Digitally signed by Stephanie A. Blaney Stephanie A.. Blaney Date: 2019: 10.04 12:29:15 -04'00'

NRC FORM 464 Part II U.S. NUCLEAR REGULATORY COMMISSION NRC (04-2018)

RESPONSE TO FREEDOM OF 1 2019-000412 INFORMATION ACT (FOIA) REQUEST DATE:

1 1010412019 PART II.A -- APPLICABLE EXEMPTIONS Records subject to the request are being withheld in their entirety or in part under the FOIA exemption(s) as indicated below (5 U.S.C. 552(b)).

D Exemption 1: The withheld information is properly classified pursuant to an Executive Order protecting national security inform~ticin.

D Exemption 2: The withheld information relates solely to the internal personnel rules and *practices of NRG.

D Exemption 3: The withheld information is specifically exempted from public disclosure by the statute indicated.

D Sections 141-145 of the Atoniic Energy Act, whicti 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 prohi_bits the disclosure of Unclassified Safeguards Information (42 U.S.C. 2167).

D 41 U.S.C.1702(b), which pmhibits the disclosure of contractor proposals, except when incorporated into the .contract between the agency and the D Other:

Exemption 4: The*withheld information is a trade secret or confidential commercial or financial information that is being withheld for the reason(s)

D indicated.

The information is considered to be proprietary because it concerns_ a licensee's or applicant's physical protection or material control and D accounting program for special nuclear material pursuant to 10 CFR 2.390(d)(1).

D The information is considered to be another type of confidential business (proprietary) information.

D The information was submitted by a foreign source and received in confidence pursuant to 10 CFR 2.390(d)(2).

[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 ..

[ZJ Attorney-client privilege.

Exemption 6: The withheld information from a personnel, medical,. or similar file, is exempted from public disc;losure because its disclosure would result D in a clearly unwarranted invasion of personal privacy.

• D 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 open enforcement proceeding.

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

(D) The information com;ists of names and other information the disclosure of which could reasonably be expected to reveal identities of confidential D sources.

(E) Disclosure would reveal techniques and procedures for law enforcement investigations or prosecutions, or guidelines that could reasonably be D 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 10CFR 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/OFF-ICE RECORDS DENIED EDO SECY Carrie M. Saffor.d -Asst. Gen. Counsel for Legal Counsel, Legislation & Special Projects I Document 13: attorney-client communication D [Z]

Stephanie A. Blaney 11 FOIAOfficer 11 ~

Documents 1 & 25: inter-agency deliberations

[Z] D I I D D Select Title/Office from drop-down list 11 11 I D D Select Title/Office from drop-down list I 11 I NRC Form 464 Part II (04-2018)