NRC FOIA-2017-0368 UFO records

NRC FORM 464 Part II
(12-2015)
U.S. NUCLEAR REGULATORY COMMISSION
RESPONSE TO FREEDOM OF
INFORMATION ACT (FOIA) REQUEST
PART II.A ··APPLICABLE EXEMPTIONS
FOIA
1 2017-0368
DATE:
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)).
0 Exemption 1: The withheld information is properly classified pursuant to an Executive Order protecting national security information.
D Exemption 2: The withheld information relates solely to the internal personnel rules and practices of NRC.
0 Exemption 3: The withheld information is specifically exempted from public disclosure by the statute indicated.
0 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).
0 Section 147 of the Atomic Energy Act, which prohibits the disclosure of Unclassified Safeguards Information (42 U.S. C. 2167).
D 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.
D Exemption 4: The withheld information is a trade secret or confidential commercial or financial information that is being withheld for the reason(s)
indicated.
D
D
D
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 or confidential business (proprietary) information.
The information was submitted by a foreign source and received in confidence pursuant to 10 CFR 2.390(d)(2).
0 Exemption 5: The withheld information consists of interagency or intraagency records that are normally privileged in civil litigation.
D Deliberative process privilege.
D Attorney work product privilege.
D Attorney-client privilege.
D 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.
0 Exemption 7: The withheld information consists of records compiled for law enforcement purposes and is being withheld for the reason(s) indicated.
0 (A) Disclosure could reasonably be expected to interfere with an open enforcement proceeding.
0 (C) Disclosure could reasonably be expected to constitute an unwarranted invasion of personal privacy.
D (D) The information consists of names and other information the disclosure of which could reasonably be expected to reveal identities of confidential
sources.
D (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.
0 (F) Disclosure could reasonably be expected to endanger the life or physical safety of an individual.
D~l I
PART 11.8 •• 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
DENYING OFFICIAL TITLE/OFFICE RECORDS DENIED APPELI.ATE OFFICIAL
EDo SECY
IStephanie Blaney IIFOIA Officer II identifying information I 0 D
II
II
Ill I D
Ill d D
Appeals must be made in writing within ~calendar days of the date of this response by sending a letter
or email 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."
D
D
NRC Form 464 Part II (12-2015) Page 1 of 1