ML23270B503
| ML23270B503 | |
| Person / Time | |
|---|---|
| Issue date: | 08/11/2023 |
| From: | Colbert L NRC/OCIO/GEMSD/FLICB |
| To: | Palmer K - No Known Affiliation |
| Shared Package | |
| ML23270B522 | List: |
| References | |
| NRC-2021-000227 | |
| Download: ML23270B503 (1) | |
Text
NRC FORM 464 Part I U.S. NUCLEAR REGULATORY COMMISSION FOIA or Reference Number Response Number (01-26-2023)
RESPONSE TO FREEDOM OF NRC-2021-000227 1 INFORMATION ACT (FOIA) REQUEST Response Interim Final Type
Requester: Date:
Kendra Palmer 08/11/2023
Description of Requested Records:
All documents including, but not limited to, correspondence, memoranda, telephone logs, emails, studies, and meeting notes from 10/1/2020-12/31/2020, regarding the Department of Energys (DOE) decision to change its position on the Northeast Church Rock mine waste consolidation at the United Nuclear Corporation (UNC) site
PART I. -- INFORMATION RELEASED
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/reading-rm/adams.html; (3) microfiche available in the NRC Public Document Room; or the NRC Public Access Link (PAL), at https://foia.nrc-gateway.gov/app/Home.aspx.
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 Part I.D -- Comments) for a disclosure determination and direct response to you.
We are continuing to process your request.
See Part I.D -- Comments.
PART I.A -- FEES
You will be billed by NRC for the amount indicated. Since the minimum fee threshold was not met, AMOUNT you will not be charged fees.
You will receive a refund for the amount indicated. Due to our delayed response, you will not be Fees waived. charged search and/or duplication fees that would otherwise be applicable to your request.
PART I.B -- 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"). 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.
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 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. If you submit an appeal by mail, address it to the FOIA Officer, at U.S. Nuclear Regulatory Commission, Mail Stop T-6 A60M, Washington, D.C. 20555-0001. You may submit an appeal by email 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. You may file an appeal through the NRC Public Access Link (PAL) at https://foia.nrc-gateway.gov/app/Home.aspx.
PART I.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/reading-rm/
foia/contact-foia.html, or by calling the FOIA Public Liaison at (301) 415-0717.
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 Services (OGIS). To seek dispute resolution services from OGIS, you may email OGIS at ogis@nara.gov, send 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. For additional information about OGIS, please visit the OGIS website at https://www.archives.gov/ogis.
NRC FORM 464 Part I U.S. NUCLEAR REGULATORY COMMISSION FOIA or Reference Number Response Number (01-26-2023)
RESPONSE TO FREEDOM OF NRC-2021-000227 1 INFORMATION ACT (FOIA) REQUEST Response Interim Final Type
PART I.D -- COMMENTS
We received your request on August 13, 2021 and tasked the Office of Nuclear Material Safety and Safeguards (NMSS),
the Office of the General Counsel (OGC), Region I, Region II, Region III, and Region IV, to search for responsive records.
As part of our review of the records located by NMSS and OGC, we consulted with the Environmental Protection Agency (EPA) and Department of Energy (DOE) to ascertain their equities. Having now completed those consultations, we are issuing this final response to you. In addition to the enclosed records, please also find a Listing of Records Already Publicly Available in the Agencywide Documents Access and Management System (ADAMS), which is NRC's official record keeping repository, as well as records that are available to you at other public websites. Please refer to Part II for the reasons for the redactions made to the enclosed records.
Records with an ML accession number are publicly available in the NRC's Public Electronic Reading Room at http: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 by email to PDR.Resource@nrc.gov.
We appreciate your patience.
Signature - Freedom of Information Act Officer or Designee Lezlie J. Colbert Digitally signed by Lezlie J. Colbert Date: 2023.08.11 10:45:22 -04'00' NRC FORM 464 Part II U.S. NUCLEAR REGULATORY COMMISSION FOIA or Reference Number (12-12-2022)
RESPONSE TO FREEDOM OF NRC-2021-000227 INFORMATION ACT (FOIA) REQUEST
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)), after taking into consideration the foreseeable harm standard when reviewing records and applying these FOIA exemptions.
Exemption 1: The withheld information is properly classified pursuant to an Executive Order protecting national security information.
Exemption 2: The withheld information relates solely to the internal personnel rules and practices of NRC.
Exemption 3: The withheld information is specifically exempted from public disclosure by the statute indicated.
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).
Section 147 of the Atomic Energy Act, which prohibits the disclosure of Unclassified Safeguards Information (42 U.S.C. 2167).
41 U.S.C. 4702(b), which prohibits the disclosure of contractor proposals, except when incorporated into the contract between the agency and the submitter of the proposal.
Other:
Exemption 4: The withheld information is a trade secret or confidential commercial or financial information that is being withheld for the reason(s) indicated.
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).
The information is considered to be another type of confidential business (proprietary) information.
The information was submitted by a foreign source and received in confidence pursuant to 10 CFR 2.390(d)(2).
Exemption 5: The withheld information consists of interagency or intraagency records that are normally privileged in civil litigation.
Deliberative process privilege.
Attorney work product privilege.
Attorney-client privilege.
Exemption 6: The withheld information from a personnel, medical, or similar file, is exempted from public disclosure because its disclosure would result in a clearly unwarranted invasion of personal privacy.
Exemption 7: The withheld information consists of records compiled for law enforcement purposes and is being withheld for the reason(s) indicated.
(A) Disclosure could reasonably be expected to interfere with an open enforcement proceeding.
(C) Disclosure could reasonably be expected to constitute an unwarranted invasion of personal privacy.
(D) The information consists of names 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 any individual.
Other:
PART II.B -- DENYING OFFICIALS
In accordance with 10 CFR 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/OFFICE INFORMATION DENIEDEDO SECYOIG
Lezlie Colbert (Acting) drafts and inter-and intra-agency FOIA Officerdeliberations; PII
Marian Zobler attorney-client communications General Counsel
Select Title/Office from drop-down list
Select Title/Office from drop-down list
NRC Form 464 Part II (12-12-2022)