ML20307A590
| ML20307A590 | |
| Person / Time | |
|---|---|
| Issue date: | 12/01/2015 |
| From: | Andoh R NRC/OCIO |
| To: | Tarver J - No Known Affiliation |
| Shared Package | |
| ML20307A588 | List: |
| References | |
| FOIA, FOIA/PA-2016-0117, NRC-2016-000117 | |
| Download: ML20307A590 (2) | |
Text
Nlj.C FORM 4M Part I U.S. NUCLEAR REGULATORY COMMISSION FOIMtA RESPONSE NUlleER (01-2015)
RESPONSE TO FREEDOM OF FOIA/PA-2016-0117 I INFORMATION ACT (FOIA) / PRIVACY ACT(PA)REQUEST RESPONSE INTERIM yl FINAL TYPE l.!:.J REQUESTER DATE Julian Tarver December 1, 2015 PART I. - INFORMATION RELEASED Requested records are available 'through another public distribution program. Comments section.
No additional agency records subject to the request have been located.
See
/GROUP ** * ----*-~ Agency records subject to the request that are identified in the specified group are already availabfe in public
___ . ..i ADAMS or on microfiche in the NRC Public Document Room.
i Agency records subject to the request that are contained in the specified group are being made available in
- public ADAMS.
Agency records subject to the request are enclosed.
D referred Records subject to the request that contain Information originated by or of interest to another Federal agency have been to that agency (see comments section) for a disclosure determination and direct response to you.
D We are continuing to process your request. *
(ZJ See Comments.
PART I.A -- FEES I D AMOUNT' You will billed by NRC for the amount listed. [ZJ None. Minimum fee threshold not met.
s I commenta be O
- S..
for delall D You will receive a refund for the amount listed. D Fees waived.
PART I.B ** INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE discrete We did not locate any agency records responsive to your request. Note: Congress allowed agencies to treat three categories of law enforcement and national security records as not subject to the FOIA ("exclusions").
See 5 U.S.C. 552(c). This is a standard notification that we give to all requesters: it should not be taken as an indication that any of these excluded records do. or do not. exist.
We have withheld certain information in the records from disclosure pursuant to the FOIA exemptions described, 0 and for the reasons stated, in Part II.
- Because this is an interim response to your request. you may not appeal this determination 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 on your request.
0 You may appeal this final determination within 30 calendar days of the date of this response, by writing to the FOIA Officer, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555-0001 . Please be sure to mark your letter/envelope or email that it is a "FOIA Appeal."
PART I.C COMMENTS ( u.. attached Comments continuation page If required)
This is the final response to your request wherein you seek P,&ges I through 100 of ML I 3149A079. We are continuing to withhold the document in full under exemption (b)(5). Please note that this document was previously requested and denied in full in FOIA 2013-0261 and the decision was affirmed on appeal in FOIA 2013-0021A.
SIG~TUR 1 ~ ORMATIONA<:r ANO PRIVACY ACT OFFICER
'RoBer .Jlnaofi NRC FORM -464 Part 1 (01-2015) Page 2 of 3
(08-2013)
I-~*
NRC FORM "4 Part U
\~..... j a RESPONSE TO FREEDOM OF INFORMATION U.S. NUCLEAR REGULATORY COMMISSION ACT (FOIA) / PRIVACY ACT (PA) REQUEST PART II.A - APPLICABLE EXEMPTIONS FOIA/PA DATE 2016-0117 12/01/2015
,GRO\JP Records subject to the requeat that are contained In the apedfted group 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)).
O Exemption 1: The wilhheld Information fa property daaalfled pursuant to Executllle Order 121158.
Exemption Exemption 2: The withheld lnformaUon relates solely to the Internal personnel Nies and pradlcea of NRC.
O 3: The withheld Information la apeciftcaNy ticempted from public disdoaure by 1tatute Indicated.
Sections 141-145 of the Atomic Energy Act, which prohibits the disclosure of Restricted Data or Fonnerty Reatricted Data (42 u.s.c.
21111-2185).
Section 147 of the Atomic Energy Ad, which prohibits the disclosure of Unclaaslfted Safeguards Information (42 U.S.C. 2167).
41 U.S.C., Sec1lon 4702(b), prohibits the disclosure of contractor proposals; in 1he possession and control of an executiw agency to any per,on under section 552 of TIiie 5, U.S.C. (the FO1A), except when Incorporated Into the contract between the agency and the submitter of the proposal.
0 Exemption 4 : The withheld Information Is a trade secret or commercial or lnlnclal informaUon that is being withheld for the reason(*) Indicated.
The Information is conlidered to be confidential business (proprietary) Information.
The Information Is considered to be proprietary becauM It concerns. a ncensee's or applicanrs phytlical protec1lon or material control and accounting program for special nuclear matenI pursuant to 10 CFR 2.3IIO(d)(1).
The Information was submitted by a foreign source and ,.oelved in contldence pursuant to 10 CFR 2.3IIO(d)(2).
0 Disclosure will harm an identifiable private or governmental interest.
Exemption !I: The withheld Information consists of interagency or intr11gency records that are not available through discovery during litlgatlon.
Applicable privileges: .
Delibenltive process: Disclosure of prededalonal Information woukl tend to inhibit the open and hnk exchange of ideas essential to the deliberative process. 'Nhere records are wtthheld 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 pennlt an Indirect Inquiry Into the preded&lonal process of the agency.
D Attorney work-produd privilege. (Documents prepared by an attorney In contemplation of litigation)
Attomey-dlent privilege. (Confidential commmlcatlons between an attorney and hlshler dlent)
Exemption 6: The withheld information Is eicempted from public disdosure beeause its disclosure would result in a cle*rtY unwarranted Invasion of persOfllll privacy.
Exemption 7: The withheld information conSista of records compiled for law enforcement purposes and is being withheld for the reason(&) Indicated.
(A) Disclosure could reasonably be eicpeded to Interfere with an enforcement proceeding (e.g., It would reveal the scope, direction, Ind toeus 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).
0 (C) Disclosure could conslitute an unwarranted invn!On of personal privacy.
(D) The Information consists of names of individuals and other Information lhe disclosure of which could reasonably be expected to reveal identities of confidential &OUroas.
(E) Disclosure would reveal techniques and procedures for law enforcement lnvestigltlons or prosecutions. or guidelines that could reasonably be expected to nsk clrcumvenllorl of tne laW.
0 (F) Olsdosure could reasonably be eicpeded to endanger the life or physical safety of an individual.
- OTHER (SoeciM I
PART 11.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 i1s production or disclosure is contrary to the public interest. The person responsible for the denlal are those officials identifted below as denying officJals and the FOIA/PA Officer for any denials that may be appealed to the Executive Director for Operations (EDO).
APPl!UATE O"'CIAI.
DENYING OFFICIAL TITLE/OFFICE RECORDS DENIED (00 IJECY 1G Rochelle Bavol Executive Assistant, Office of the Secretary MLl3149A079 00 l J IJ l J 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 (08-2013)