ML20289A587
| ML20289A587 | |
| Person / Time | |
|---|---|
| Issue date: | 12/04/2017 |
| From: | Stephanie Blaney Information Services Branch |
| To: | Blanch P - No Known Affiliation |
| Shared Package | |
| ML20289A584 | List: |
| References | |
| FOIA, NRC-2017-000698 | |
| Download: ML20289A587 (2) | |
Text
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NRC FORM 464 Part I U.S. NUCLEAR REGU LATORY COMMISSION FOIA RESPONS E NU MBER (03-2017) 2017-0700 1
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.,., i RESPONSE TO FREEDOM OF I 11 I INFORMATION ACT (FOIA) REQUEST
......... .,. RESPON SE
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l.,.,, INTERIM FINAL TYPE REQUESTER: DATE:
IPaul Blanch 12/04/2017 11 I DESCRIPTION OF REQUESTED RECORDS:
Records correspond ing to item s 1 (ML17170A169), 2 (ML I 7089A005 ), (3) ML17170A168, and ( 4) ML17249A980 of your request, as more fully 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 Publ ic Lia ison is available at httgs://www.nrc.gov/reading-rm/foia/contact-foia.html 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 .
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.
0 We are continuing to process your request.
0 See Comments.
PART I.A - FEES NO FEES AMOUNT' You will be billed by NRC for the amount listed .
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 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 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.
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 0 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.Resource@nrc.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 httgs://ogis.archives.gov/about-ogis/contact-information.htm PART I.C COMMENTS ( Use attached Comments continuation page if required )
The N R C was able to locate these items by the ADAMS accession numbers when y our request was received . Since the date of your request, however, each of these item s has been removed from ADAMS con sistent with Guidance for D etermi ning the Public Availability ofNRC Record s (ML072770468). All of these records ori g inated w ith, or were submitted at the behest of, an NRC staff member acting in his personal capacity as it pertained to a whistleblower proceeding that was pending before the Office of Special Counsel (OSC) at that time. The Office of the Chairman did not locate copies of ML17089A005 or ML17249A980 in its record systems; nor is there anything on the face of M L 17170A 168 or
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Sig nature - Freedom of Information Act Officer or Designee Digitally signed by Stephanie A. Blaney
!Stephanie A. Blaney Date: 2017.12.04 10:47:33-05'00' I NRG Form 464 Part I (03-2017) I Add Continuation Page I Delete Continuation Page Page 2 of 3
NRC FORM 464 Part I U.S. NUCLEAR REGULATORY COMMISSION FOIA RESPONSE NUMBER (03-201 7) 1 2017-0700 1 RESPONSE TO FREEDOM OF INFORMATION 11 ACT (FOIA) REQUEST Continued RESPONSE INTERIM FINAL TYPE REQUESTER: DATE:
IPaul Blanch 11 I 2/04/20 I 7 PART 1.C COMMENTS (Continued)
ML I 7 I 70A 169 that evinces receipt of these records by the Office of the Chairman or NRC staff as part of their assigned official duties. Accordingly, each of these four records has been determined to be a personal. rather than agency, record .
As such, they are not subject to the FOIA and have not been processed.
The remaining record, ML I 7227 A821, will be the subject of our final response . The Office of the Chairman has confirmed that it maintains a copy of this record. As an agency record, it is subject to the FO IA and will be processed. However, because the OSC may have equities in the record (even though certain other records from this proceeding have been posted by OSC to its website), we are consulting with the OSC before making a fina l determination as to this record.
NRC Form 464 Part I (03-2017) Page 3 of 3