ML23215A019: Difference between revisions

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{{#Wiki_filter:NRC FORM 464 Part I                           U.S. NUCLEAR REGULATORY COMMISSION         FOIA or Reference Number       Response Number (03-13-2023)
{{#Wiki_filter:NRC FORM 464 Part I U.S. NUCLEAR REGULATORY COMMISSION FOIA or Reference Number Response Number (03-13-2023)
RESPONSE TO FREEDOM OF                                   NRC-2022-000184                       3 INFORMATION ACT (FOIA) REQUEST                                   Response Type              Interim           Final Requester:                                                                                                               Date:
RESPONSE TO FREEDOM OF NRC-2022-000184 3 INFORMATION ACT (FOIA) REQUEST Response Interim Final Type
Mike Howell/Roman Jankowski                                                                                                 07/21/2023 Description of Requested Records:
 
Requester: Date:
Mike Howell/Roman Jankowski 07/21/2023
 
Description of Requested Records:
All NRC communications, including attachments, from specific OPA staff dated January 21, 2021 to June 10, 2022 with specific terms in the email or subject line. See Part I.D for additional information.
All NRC communications, including attachments, from specific OPA staff dated January 21, 2021 to June 10, 2022 with specific terms in the email or subject line. See Part I.D for additional information.
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:
 
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.
(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.
Agency records subject to the request are enclosed.
Line 27: Line 34:
We are continuing to process your request.
We are continuing to process your request.
See Part I.D -- Comments.
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.
PART I.A -- FEES
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.
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.
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.
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.
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/
 
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.
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.
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 (03-13-2023)
RESPONSE TO FREEDOM OF NRC-2022-000184 3 INFORMATION ACT (FOIA) REQUEST Response Interim Final Type
PART I.D -- COMMENTS
Enclosed is NRC's third interim response to your FOIA request, received by the NRC on June 10, 2022. This third interim response contains 32 pages.


NRC FORM 464 Part I                          U.S. NUCLEAR REGULATORY COMMISSION  FOIA or Reference Number      Response Number (03-13-2023)
RESPONSE TO FREEDOM OF                              NRC-2022-000184                      3 INFORMATION ACT (FOIA) REQUEST                              Response Type              Interim          Final PART I.D -- COMMENTS Enclosed is NRC's third interim response to your FOIA request, received by the NRC on June 10, 2022. This third interim response contains 32 pages.
On June 21, 2022, the requester narrowed the scope of the request via email by removing Valerie Shannon from the list of individuals, and removing the search terms FOUO, on-the-record, on the record, and Sensitive.
On June 21, 2022, the requester narrowed the scope of the request via email by removing Valerie Shannon from the list of individuals, and removing the search terms FOUO, on-the-record, on the record, and Sensitive.
On May 11, 2023, the NRC issued its first response. On June 27, 2023, the NRC issued its second response.
On May 11, 2023, the NRC issued its first response. On June 27, 2023, the NRC issued its second response.
The NRC is waiting for responses on external consultations on the remaining responsive records. Future interim responses, or a final response, is estimated to take up to a few more months to complete.
The NRC is waiting for responses on external consultations on the remaining responsive records. Future interim responses, or a final response, is estimated to take up to a few more months to complete.
Signature - Freedom of Information Act Officer or Designee Lezlie J. Colbert                                                    Digitally signed by Lezlie J. Colbert Date: 2023.07.21 14:59:23 -04'00'


NRC FORM 464 Part II                                                             U.S. NUCLEAR REGULATORY COMMISSION             FOIA or Reference Number (12-12-2022)
Signature - Freedom of Information Act Officer or Designee Lezlie J. Colbert Digitally signed by Lezlie J. Colbert Date: 2023.07.21 14:59:23 -04'00' NRC FORM 464 Part II U.S. NUCLEAR REGULATORY COMMISSION FOIA or Reference Number (12-12-2022)
RESPONSE TO FREEDOM OF                                                           2022-000184 #3 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.
RESPONSE TO FREEDOM OF 2022-000184 #3 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 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 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.
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).
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).
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.
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.
Line 57: Line 89:
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 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 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).
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.
Exemption 5: The withheld information consists of interagency or intraagency records that are normally privileged in civil litigation.
Deliberative process privilege.
Deliberative process privilege.
Attorney work product privilege.
Attorney work product privilege.
Attorney-client 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 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.
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.
(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.
(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.
(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.
(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.
(F) Disclosure could reasonably be expected to endanger the life or physical safety of any individual.
Other:
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 DENIED                      EDO        SECY        OIG Pre-decisional deliberative Lezlie Colbert (Acting)                             FOIA Officer communications Select Title/Office from drop-down list Select Title/Office from drop-down list Select Title/Office from drop-down list NRC Form 464 Part II (12-12-2022)}}
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) Pre-decisional deliberative FOIA Officercommunications
 
Select Title/Office from drop-down list
 
Select Title/Office from drop-down list
 
Select Title/Office from drop-down list
 
NRC Form 464 Part II (12-12-2022)}}

Revision as of 17:34, 13 November 2024

NRC-2022-000184 - Resp 3 - Interim
ML23215A019
Person / Time
Issue date: 07/21/2023
From: Colbert L
NRC/OCIO/GEMSD/FLICB
To: Howell M, Jankowski R
- No Known Affiliation
Shared Package
ML23215A018 List:
References
NRC-2022-000184
Download: ML23215A019 (1)
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Text

NRC FORM 464 Part I U.S. NUCLEAR REGULATORY COMMISSION FOIA or Reference Number Response Number (03-13-2023)

RESPONSE TO FREEDOM OF NRC-2022-000184 3 INFORMATION ACT (FOIA) REQUEST Response Interim Final Type

Requester: Date:

Mike Howell/Roman Jankowski 07/21/2023

Description of Requested Records:

All NRC communications, including attachments, from specific OPA staff dated January 21, 2021 to June 10, 2022 with specific terms in the email or subject line. See Part I.D for additional information.

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 (03-13-2023)

RESPONSE TO FREEDOM OF NRC-2022-000184 3 INFORMATION ACT (FOIA) REQUEST Response Interim Final Type

PART I.D -- COMMENTS

Enclosed is NRC's third interim response to your FOIA request, received by the NRC on June 10, 2022. This third interim response contains 32 pages.

On June 21, 2022, the requester narrowed the scope of the request via email by removing Valerie Shannon from the list of individuals, and removing the search terms FOUO, on-the-record, on the record, and Sensitive.

On May 11, 2023, the NRC issued its first response. On June 27, 2023, the NRC issued its second response.

The NRC is waiting for responses on external consultations on the remaining responsive records. Future interim responses, or a final response, is estimated to take up to a few more months to complete.

Signature - Freedom of Information Act Officer or Designee Lezlie J. Colbert Digitally signed by Lezlie J. Colbert Date: 2023.07.21 14:59:23 -04'00' NRC FORM 464 Part II U.S. NUCLEAR REGULATORY COMMISSION FOIA or Reference Number (12-12-2022)

RESPONSE TO FREEDOM OF 2022-000184 #3 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) Pre-decisional deliberative FOIA Officercommunications

Select Title/Office from drop-down list

Select Title/Office from drop-down list

Select Title/Office from drop-down list

NRC Form 464 Part II (12-12-2022)

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