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FOIAIPA NO: 2016-0139 Group A_
Group FOIAIPA NO: A_ 2016-0139 RECORDS BEING RELEASED IN PART The following types of information are being withheld: Ex. 1:E--- Records properly classified pursuant to Executive Order 13526 Ex. 2:L-- Records regarding personnel rules and/or human capital administration Ex. 3:1-- Information about the design, manufacture, or utilization of nuclear weapons LuInformation about the protection or security of reactors and nuclear materials E--Contractor proposals not incorporated into a final contract with the NRC L---Other Ex. 4:L--] Proprietary information provided by a submitter to the NRC L--]Other Ex. 5:[---- Draft documents or other pre-decisional deliberative documents (D.P. Privilege) E] Records prepared by counsel in anticipation of litigation (A.W.P. Privilege) []Privileged communications between counsel and a client (A.C. Privilege) [--] Other Ex. 6:[-- Agency employee P1I, including SSN, contact information, birthdates, etc. [---Third party P11, including names, phone numbers, or other personal information Ex. 7(A):l--Copies of ongoing investigation case files, exhibits, notes, ROI's, etc. L--Records that reference or are related to a separate ongoing investigation(s) Ex. 7(C): [-Special Agent or other law enforcement PII L--]PII of third parties referenced in records compiled for law enforcement purposes Ex. 7(D):D---Witnesses' and Allegers' PII in law enforcement records L--Confidential Informant or law enforcement information provided by other entity Ex. 7(E): D--Law Enforcement Technique/Procedure used for criminal investigations [--Technique or procedure used for security or prevention of criminal activity Ex. 7(F): f] Information that could aid a terrorist or compromise security Other/Comments: FOIA Resource nobody~www.nrc, gov Thursday, June 16, 2011 5:31 PM FOIA Resource WWW Form Submission From: Sent: TO: Subject: Below is the resurt of your feedback form. Itwas submitted by FoIAIPRIQI • •O/ __ 3egst ftda• Case: •_ii, € -,j ,a/)-'" fe': s/IO' T•(•. . .... ,. .. ____ Q:)on Thursday, June 16. 2011 at 17:31:26 ...,FirstName:.Dave .-. +- .'" ' Compan9Affliation: Associated Press. Vermont bureau Addressl: Suite 102 535 Stone Cutters Way Address2: City: Montpelier State; VT Zip: 05602 Country: United_States Country-Other: Email:drm(aor Phone: 802.229-0577 Dese: Any documents related to a June 151 2011 vote by the commission on whether to ask the Justice Department to intervene or take other action relating to the lawsuit by Entergy Corp. and/or its affiliates against' the state of Vermont FeeCategory: NewsMedia MediaType: Associated Press MediaTypeTVRadio: on FeeCategoryDescription: news service. Expeditelm minentrhreatText: Expedite_.UrgencyToinformnText: Waiver Purpose: - .. Waiver_ExtentToExtractAnatyze: Waiver SpecificActivityQuals: WaiverjlmpactPublioUnderstanding: Waiver NatureOfPublic: WaiverMeansOf Dissemination: Waiver FreeroPublicOrFee: Waiver_PrivateCommericalinterest: 2 OS/17/2611 e3:46 2133685178 •1UA•N WJlLt. t.=ur•,.... ls:tt Aidmn W. Butler p• 3550 Wilshire Blvd., Suite 1924 Los Angeles, CA 90010 Tel. (213) 388-5168; Fax (213) 388-5178 E-mail: ioconta.ctaidane•m ail.eo m -. Case: June 17J 2011 VWA FACSIMILE TO (301_4)5-5)30 U.S. Nuclear Regulatory Commissioh FOliAJPrivacy Officer Mailatop: T-5 F09 Washington, DC 20555-0001 Re. Freedom a/Information Act Request 'Dear Sir / Madam: This is a request under the Freedom of Information Act. (5 U.S.C. §552.) copy of the following documents: I request a 1) Any documents (including alerts) filed with the NRC by the Fort Calhoun Nuclear Power Plant (herei nafter "the Calhoun Plant"') relating to any fires, and/or circumstances resulting int fires, occurring at the Calhoun Plant in May or June, 2011l. 2) Any documents relating to, or generated in the conduct of;, any' investigation by NRC (or any persons or entities acting on behalf of the NRC) into conditions at the Calhoun Plant during May or June, 2011. 3) Any documents relating to or constituting any safety assessments of the Calhoun Plant by NRC (or persons or entities acting on its behalf) prepared in May or June, 2011. 4) Any documents (including notices of unusual events) filed with the NRC by the Cooper Nuclear Power Station (hereinafter "Cooper Stat'ion") relating to any problems caused by or attributable to flooding occurring at or around the Cooper Station in May or June, 2011. 5) Any documents relating or generated in the conduct of any investigation by NRC (or any persons or entities acting on behalf of thc NRC) of safety conditions at Cooper Station during May or June, 2011 . 6) Any documents relating to or constituting any safety assessments of Cooper Station by NRC (or persons or entities acting on its behalf) prepared in May ar June, 2011I. I~ t~Sitn~CijdnNAC-WA'0~ -pI 86/17/2•J11 O3:4G 21338B5178 A±VAN ~UIL,-"S L3.J U.S. Nuclear Reguflatory Comnmiss•ion June 17, 2011 Page 2 7) Any alerts issued by your agency relating to-the Calhoun Plant or Cooper Station during May or June, 2011. In order to help you to determine my status for purposes of assessing fees, please be. aware that I am a freelance joturnalist; I amn not seeking this information for any commercial purposes. I san willing to pay up to $300.00 in fees for this request. ICyou cencludc that complying with this request will require you to exc~ed that, limit, please contact me. I would prefer that the document re~quested above be provided in an electronic format, such on a compact disk, or in a PDF email attachment. I greatly appreciate your attention to my request. free to call me at your convenience. If you have any questions, please feel Very sincerely, Aidan W. Butler FOtfI•~IWIIh I~RsIL.d: S. May 9,2011 \X-*- \ •._ FOIA/PA Ofi~cer Nuclear Regulatory Commission Majistop: T-5 F09 Washington, D.C. 20555 To Whom It May Concern: Under the Freedom of Information Act, 5 U.S.C. § 552, 1am requesting copies of the belowlisted sets of records from Nuclear Regulatory Commission. If there are any fees for searching or copying the records, please let me know before you fill my request. Or, please supply the records without informing me of the cost if the fees do not exceed $200, which I agree to pay. This request is for educational purposes. If you deny all or any part of'this request, please cite each specific exemption you think justifies your withholding of information. Notify me of appeal procedures available under the law. If you have any questions about handling this request, you may telephone me at (b)(6).I can also be reached via email at (b)(6) Sincerely, John Hudak (b)(6) Requested Records: A list of the EQIA requests from 2010 about which a political appointee (persons appointed under schedule C, a non-career member of the Senior Executive Service, or Senate-confirmed appointee) personally made an inquiry, personally reviewed, or personally had a hand in the disposition of the request. \i - FOIA Resource From: Sent: TO: Subject: uld no body [nobody~www.nrcxgov] Monday, April 04, 2011 9:31 PM FOIA Resource WW Form Submission, "". OlN• )Ioc ••\ = -. _ Below is the result of your feedback form, it was submitted by o on Monday, April 04, 2011 at 21:30:34 FirstName: Kasey LastName: Crawford Company/Affliation: Murrow News Service Addressl: 718 Orton Hall Address2: PG BOX 1700 City: Pullman State: WA Zip: 99163 Country: United_States Country-Other: Email: kasev.crawfordl •vahoo.com Phone: 425-923-5769 Desc: I would like to request copies of all requests and information provided for those requests from media organizations from May 1 to the present regarding any and all United States nuciear reactors. Please make the copies available to view online or provide them via e-mail. FeeCategory: NewsMedia MedilaType: Murrow News Service MediaType_..TVRadio: on FeeCategory_.Description: The new multi-media service will cover breaking news in the Palouse and issues of broader relevance for a variety of media partners across the region. Expedite_lmminentThreatText: E~xpedite_.U rgencyTolnlform: on - ExpediteUrgencyTolntormText: I am a Washington State University journalism student writing a story for the Murrow News Service. It covers breaking news in the Palouse area as well as issues that have a broader influence for media partners across the region. WaiverPurpose" Waiver. Exte ntroExtractAnalyze: WaiverSpecificActivityQuats: Waiver ImpactPublicUnderstanding: WaiverNatu reOf Public: Waiver_MeansOf Dissemination: Waiver._FreeToP ublicOrFee: Waiver .PrivateCom me d callnte re st: 2 FOI•iA REQUEST (bXG) From: lions Werner Bcttesch Sent: Surnday. February 02 2014 10 36 PM To: FO!A Resource FOJA REQUESTI Subject: • Peetd Case _._. ........ . U.S. NRC DATE: February 2, 2014 PURPOSE. To file a FOJA Request pertaining to intellectual property rights Dear NRC; I am writing to you with regard to our government's development. deployment, and current use of my U.SPatent #5.747,719 ("Armed Terrorist Immobilization (ATI) System" }. which is comprised of a fully computerized. taser-firing security camera system. I designed and patented this system to protect people against armed intrusions occurring within public, nuclear, and governmental facdities. I had originally contacted the FBI's R&D section in Quantico. VA, shortly after the patent was issued on May 5, 1998. They showed immediate interest and asked me to provide them with the specs, which I did. Approximately 4 years later, I made an inquiry with then Congressman Tim Holden asking for help in bringing the invention before Congress. and subsequently received a response from him. stating that my invention was installed and being tested at a number of facilities "to prove its complete effectiveness". I responded by asking for more detailed information about these tests but was stonewalled from that point forward. The patent was apparently developed and was in the testing phase, but was never legally assigned to any agency and was apparently appropriated, and utilized without my knowledge or consent. In accordance with the Freedom of Information Act, I am formally requesting copies of all documents which your agency has on file, directly and indirectly relating to the development. deployment, testing. and present-day use of this security system. Please comply and provide me with copies of these documents in whatever form your agency prefers to use to communicate such information. Please do not hesitate to contact me if you require additional information. Thank you for your assistance in this matter. Very truly yours. HansW. Botlesch (bX8) (E~bX6) FOIA Resource From: Ed Coffer (b)( 6 ) Sent: Friday, October 21, 2011 2:10 AM To: Cc: FOIA Resource Ed & Rina Coffer Subject: • Io. • ecdtt 2 ,. COLD WAR FOIA REQUEST FOR SPECIAL WEAPONS INFORMATION FOR NAS ALAMEDA, ALAMEDA, CALIFORNIA Dear Nuclear Regulatory Commission, I seeking Access to the records under the Freedom of Information Act of 1966 and the Privacy Act. 1. Please provide information regarding the types/numbers of Special Weapons (Nuclear: Bombs missiles, torpedoes, etcetera) stored/maintained at Naval Air Station Alameda from January 1, 1960 to December 31. 1964. Please indicate "The History and Custody of Nuclear Wear~ons for NAS Alameda ifavailable." * • • * * Kindly include tlie Names of the nuclear weapon(s) (Honest John/Nike Hercules/TorpedolMK15) serial number(s) weapons nomenclature types of physics packages (uranium/plutonium )with megaton tested yields include associated assemblies 2. Please include related USAoi available. nry(,miso AC TEMPORARY CUSTODIAN RECEIPTS Forms AL-569 if 3. Kindly indicate if any Radiological Accidents or Security Breaches to weapons safety were ever reported to the AEC or related government agencies while in the care, custody and control at NAS Alameda? 4. Was this installation ever involved in thle support of nuclear weapons testing or did act as a radiological warehouse facility for other branches of the military or other government departments? 5. Please provide any Nuclear Weapons Risk Assessment that might have been completed before or during the stated time period. FEE WAIVERS. I request a Fee Waiver based on a Pesnal MedicnlRsearchi! Notes Please feel free to call my regarding any of the requirements. Sincerely, I-arrell "Ed" Coffer (b)(6) Email: (b)(6) Phone I FOIA Resource Prom: Sent: To: Subject: nobody~wuvw.nrc.gov Wednesday, July 27, 2011 4:08 PM FOIA Resource WWW Form Submission DC Ree'd Spcaaat: Below is the result of your feedback form. It was submitted by RlCam: , 0 on Wednesday, July 27, 2011 at 16:07:30 FirstName: Peter LastName: Crane CompanylAffliaticn: USNRC retired Addressl: (b)(6)Address2: City: (b)(6) State: (b)(6) Zip: (b)(6) Country: UnitedStates Country-Other: Email: ()6 Phone: (b)(6) (home); (b)(6) (ceNl) ' Desc: Transcripts of all interviews conducted in connection with QIGAppeals investigation, requested by letter from Also patients. radioactive involvng Rep. Ed Markey, of handling of lawsuit in the Ninth Circuit Court of all memoranda and documentation bearing on this investigation. (Note that in an earlier FOIA request, the QIG report itself has been requested.) FeeCategory: Personal_Noncommercial MediaType: FeeCategoryDescription: ExpeditejImminentThreat: on Expedite_lmminentrhreatText: To the extent that radioactive patients in hotels present a risk to the physical safety of others, especially housekeepers cleaning radioactvely contaminated rooms, a delay in obtaining the records may reasonably translate into a delay in fringing about corrective action. During this period of delay, actual harm will be occurring, especially to hotel housekeepers. 1 Expedite_..UrgencyTolnform: on Expedite3.UrgencyTolnformText: I have to draw the risk to hotel patients in at risk byto radioactive arepublic placedattention theseattempting housekeepers thatbeen housekeepers since 2008. The fact hotels was confirmed by Mr. James Luehman of the NRC staff in a Commission meeting held in October 2010. A non-binding advisory "strongly discouraging" doctors from sending radioactive patients to hotels was issued by NRC in January 2011. Waiver Purpose: To draw further attention to this issue; with a view to obtaining corrective action, far the benefit of the affected public. Waiver_ExtentTaExtractAnalyze: I will study them fully and use them to the extent possible. WaiverSpecificActivityQuals: I intend to use the documents for the purpose of creating public awareness of this issue, and since I have advanced the issue for mare than five years, before the NRC, in the press, and in court, my qualifications should not be in doubt. Waiver..mpactPublicUnderstanding: This is hard to know without seeing the documents, but it seems likely to increase public understanding of an area insufficiently known to the public at this time. Waiver_NatureOlPublic: The American public generally; the Congress; the nation's hotel employees; hotel and motel corporations; etc. Waiver.MeansOfDissemination: Public filings; newspaper articles; etc. Waiver_FreeToPublicOrFee: Free. Waiver_PrivateCommericallnterest: I have no commercial or private interest. I can't speak to the interest of others. 2 // Dear Sirs Ca 1o l'am requesting information under the "Freedom of Information Act" O•t Rfc'ct 3ps°c RSBV'A"!W.,Q: __.__...... . Iwant to request all documents pertaining to any incidents or accidents at Naval Air Station Moffett Reied California. Specifically, at the Weapons Storage Bunkers that were located inside thle confines of the base. It am interested in any radioactive releases or contaminations that occurred at said naval base. l'am will to py fees for the inforation also. Sjnry (b)(6) lv'nuzi Q _ Hamilton, Mike ciV DflC From: Sent: To: Subject: Osse No.. R"-' ~~2 John Greenewald, Jr. <[email protected]> 4OCiaIist: Wednesday. September 04, 2013 11:02 AM ~ted Ga~: FOIA FOlA REQUEST To whom it may concern, This is a non-commercial request made under the provisions of the Freedom of Information Act 5 U.S.c. S 552. My FOIA requester status as a "representative of the news media." I am a freecance television producer often working on documentaries related to my FOIA requests, my work is commonly featured throughout major news organizations, and I freelance writer for news sites as well. Examples can be given, if needed. I hope a full fee waiver for this request can be considered, because all documents received will be available FREE OF CHARGE in their entirety on hxttp//www.theblackvault.com. This site, run entirely by me, has been around for 17 years, and literally served more than 8,000 people a day on average. I prefer electronic delivery of the requested material either via email to iohn0FRreenewald.com or via CD-ROM via postal mall. I agree to pay up to 15 dollars for the requested material. I respectfully request a copy of the following document: Title: { U ) The Neutron Pile as a Tool in Quantitative Analysis; The Gallium and Palladium Contents of Iron Meteorites, Accession Number: A06204993 Pers;onal Author~s): Brown, Harrison ; Goldberg, Edward Corporate Author: TECHNICAL INFORMATION SERVICE (AEC) OAK RIDGE TN Report Date: 10 Sep 1948 Pages:12 Page(s) Report Number: AECD-2296 ( AEC02296) , XF - XC ( XF ) Monitor Series: XD 19 Thi~nk you so much for your time, and I am very much looking forward to your response. Sincerely, John Greenewald, Jr. (b)(6) Sincerely, John Greenewald, Jr. The Black Vault htt o://www.theblackvault.rom chtto://www.theblackvault.ror/> I .................... Social Media: [ Become a Fan on Facebook <chttos://www.facebook.com/TheBlackVault> IThe Black Vault Group on Facebook <http;,//www.facebook. com/home.php?sk=group 218396414863585> 1YouTube chtt~pjtwww~voutube.;com/bIlackvault2> lTwitter chttcr//twitter,com/blackvaultcom> I Scribd <chtuxl//www~scribd .comliohn Rreenewaid>] .20 FOIA Resource From: Sent To: Gilluni, Jack [email protected]> Tuesday, October 08, 2013 11:18 AM FOJA Resource Case• Wct•.. Subject: AP FOIA request •FSe Rerfri: Seait: Nuclear Regulatory Commission • ic,/dkiiiiij, . 6 j 9.... s lated Mail Stop T5-F09 Washington, DC 20555-0001 R1;: rOjqsi'A, /o -. ......... ?- - Freedom of Information Act request 1.-xpedited nroccssinu requested Oct. 8, 2013. Dear Sir or Madam: Ptursuant to the Freedom of Information Act, 5 U.S.C. § 552, irequest access to and copies of: * * * * AIlemails send to and from agency staff during the last five years in which "SWAT", "special respon)se team", "arlne~l response team" or "'SRI" are in the subject and/or body of the email. All contracts with private security companies used to carry out agency functionzs, including those that authorize the use of lethal force and/or collect past-due debts. Digital copies of any database, spreadsheet or documents detailing instances in which lethal force was used during the past live years. Copies of policies governing the use of SWAT, special response, rapid response or amied response teams as part of your enforcement efforts, including guidelines detailing when such teams may be deployed. These records pertain to how the government may have used its authority to use deadly force on American citizens111 . In turn, the records are a matter of extreme public imiportance such that disclosure of would not apply to any exemption sufficient to warrant withholding or unnecessary delay under the FOIA. In fact, the only relevant public interest at stake here is the extent to which disclosure of the information sought would "let citizens know 'what their government is up to."'" See U.S. Dep 't of[ 04f v. Fed,Labo•r Relations Auth., SI10 U.S. 487, 497 (1994) (quoting D(d v. Reporters Comm/ofir F'reedom• qf the /Wress 489 U.S, 749 (1989)). Because I am a member of the news media who is primarily engaged in disseminating information, I have an "urgency to infform" the public about federal government activity in accordance with § 552 (a)(6XE)('v). Such a request for expedited processing meets established criteria for demonstrating a "compelling need": the records concern a matter of current exigency to the American public; that their delay would compromise a significant recognized interest; and that they concern federal g-overnment activity. See generally AIl-Fayed v. C7.!.A., 254 F.3d.300, 31I0 (D.C_ Cir. 200!). Public interest in the prompt disclosure of the records is high. as it would shed light on the operations of government, particularly whether or not rthe Executive Branch engaged in misconduct when conducting possible raids on citizens. Any reasonable person, in light of press reports12 j, may thus conclude that "government impropriety' might have occurred." Nat 'I,4rchives &Recordv Admin. v. Favish, 54 1UJ.S. 157. 172 (2004). Prompt release of records would therefore contribute significantly to a recognized. national interest: how the government protects the safety and civility liberties of American citizens. Because this is a request by the news media for records in the public interest, I ask that you waive any search fees in accordance with § 552(a)(4)(A)(iiXll)t'31 . If the fee for retrieving or reproducing these records will exceed $25, please notify mc before filling this request. I can be reached at (202) 641-9448 or by electronic mail at jgillum~ap.org. I As you know, agencies must redact only what is necessary to protect exempt information and must explain the basis for any redactions. See Georgacarakosi. F.B.I., 908 F. Supp. 2d 176, 182 (D.D.C. 2012). As well, please provide documents to ine on a rolling basis, rather than waiting for my entire request to be processed before releasing documents. As a reminder, the President has directed that the FOJA "be administered with a clear presumphion: In the face of doubt. openness prevails." Memorandum far the Ileads of Executive Dep'ts and Agencies, 74 Fed. Reg. 15, 4683 (Jan. 26. 2009), emphasis added. That view. is unambiguous and'consisient with Supreme Court precedent espousing "a general philosophy of full agency disclosure" under the FOIA. Dep '1 nJ the Air Fo7rce v. Rose, 425 U.S. 352, 360-61 (1976). The Act, in § 552(aX6), grants your office ito more than twenty working days in which to respond to this request. See also Oglesby v. U.S. Dep 't of.Arniy, 920 F.2d 57. 65 (D.C. Cir. 1990) ("Congress adopted the time limit provision in the FOEA in order to 'contribute to the fuller and faster release of information, which is the basic objective of the Act."' (quoting |I.R. Rep. No. 93-876, March 5, 1974, reprinted (1974) L.S. Code Cong. & Ad. News 6267 at 6271)). Agencies therefore "'Should make it a priority to respond in a timely manner. Timely disclosure of infformation is an essential component of transparency." Attorney General's Memorandum for Heads of Executive Dep'ts and Agencies Concerning the Freedom of Info. Act, at 3 (Mar. 19, 2009). available from http://wwwuv,.justice.gov/aglfoia-merno-march2009.pdf. I affirmn the information provided above, including information applicable to my request for expedited processing, is true and correct to the best of my knowledge and belief. Thank you for your assistance. [ look forward to your prompt reply. With regards, Jack (Jillum The Associated "ress The information contained in this communication is intended for the use of' the designated recipients named above. if the reader o f this communication is not the intended recipient, you are hereby notified that you have received this communication in error, and that any review, dissemination, distribution or copying of' this communication is strictly prohibited. if you have received this communication in error, please notiI '[The Associated Press immediately by telephone at +1-212-621-1898 and delete this email. Tlhank you. Il..JJSDI SC msk dccc6Oc6d2c3a643 8f0cf467d9a493 8 IlRadley Balko, RISE OF THE WARRIOR Cop, The Walt Street Journal, Aug. 7. 2013. 21] Id i3I As amended by the OPEN Government Act of 2007, Pub. L. No. 110-175. 121 Stat. 2524. 2 - Caof .:FO~NPA Thursday, May 22. 2014 4A46 PM Resource FOIA REQUEST Sent: To: "FOIA Subject: ~P~Cie!s~ Dear Sir or Madam, Good morning, I am seeking for the "more than 400 pages document" showing 90% of the workers Jf. Fukushima Dalichi run away just after the accident except for only SOs. It is consisting of hearing from Masao Yoshida( Fukusima Daiichi Manager in 2011, and now passed by cancer), mentioned in the link below. htg:/aijw.asahi.co AJ214O /r~ticle/O3i1disaster/fukushima/ 52O003 I I request the Full fee waiver; This request is aiming for non commercial use, we are the news media [ echonews.net ) and the article shall be distributed to the public. Wishes. Takanori Eto URL http://echo-news.net/ eto~ech o- news. net Mail Mobile TEL/FAX Adress AICJ •t (I ,...... ,,-:,.-:•:::..•.. ::- (b•(8) .- !:.. All Rights Reserved. From: Michael Ravrutzky Sent: Ta: Subject: Saturday. March 01. 2014 1.52 PM. FOLA Resourc~e FOJA Request .'jb)(6) -F .'• -. -! ?. - -. .. . . ... March 1, 2014 U.S. Nuclear Regulatory Commission FOIA/ Privacy Officer Mailstop: T-5 F09 Washington, DC 20555-0001 Pursuant to the provisions of the Freedom of Information Act, I hereby request a printout identifying the 10 oldest still-classified or restricted documents in the NRC central documents management database. Alternatively, I would instead accept a copy of the title page only of each of the ten oldest still-classified or restricted documents in the NRC central documents management database. Please note the case Schladetsch v. HUD, No. 99-0175, 2Q00 WL 33372125, at *3 (D.D.C. Apr. 4, 2000) ("Because [agency] has conceded that it possesses in its databases the discrete pieces of information which [plaintiff) seeks, extracting and compiling that data does not amount to the creation of a new record."), appeal dismissed voluntarily, No. 00- 5220 (D.C. Cir. Oct. 12, 2000). This is a noncommercial individual request that falls into the fee category All Other= Requesters. 1agree to pay up to $35 for statutory fees if necessary. Sincerely, Michael Ravnitzky (bXB) .. PCWJPA Rri7-.rL is grboce - Dai, Rwc'": November 19, 20., VIA _CERrl'IwD MAIL & FACSIMILE Deborah Dennis tJ.S. Niuclear Rteuulatory Commission Mail Stop T-5 P09) Washington.. OC 20555-0001 301-41:5-5 130 Re: Freedom of Information Ac: R'lueSt' Dear Ms. Dennis: Pursuant to the Freedom of Information Act (FOIA., 5 UJ.S.C. § 552, Judicial Watch, Inc. hereby requests that the Nuclear Regulatory C~oanxissiont (NRC) produce the following Within twenty (20) business dlays: 1. Any and all records of the NRC's 2010 .safety evaluation report at it relates to high level waste at Yucca Mountain. 2. Any and all records of communication concerning, regarding, or relating to the NRC's 2010 safety evaluation report between the NRC and the i'ollowinu entities: a. United Stares Congress: b. The White House; c, The Lxecutive Office of the President. The tinme frame for this request runs lfrom Jlanuary 1, 2010 to the present. We call your attention to President Gbana's January 21,2009 Memorandum concerning the Freedom of Inforniation Act, in which he stales: All a~eneies should adopt a presumption in favor ot disclosure, in order to renew their commitment to the principlesi embodied in iOTA. ..The presumption of disclosure shlOUld be applied to all decisioi• involving F0lA.'t F:oedoiri ofinf'ormnatior Act; Pres. Mere, of Jmauaryj 21, 2009. 74 Fe•d. Ken. 468•3. 425 lVh,'d Sb., SW. Surlt XOO., Wut~hinglr'n. 1"C(2,11:2d "tkl: r202; 64If%-5172 ir I-KXKt-59.3-K4'42 FAX (2.02I 6db-S.5199 1Fnuit: i,f1,irWJudiciatWatch, c'rt wwwJuditiuLWalch•,urg H:±VM ,vz:Iorr OS1G9t'9~Z BE :•8 9E2B E'[B•tB"•II'[ EI&/Eit/It NRC November 19, 2013 Page 2 of 4 The memo further provides that "The Freedom of Information Ac: should be 'administered with a clear presumption: In the ease or doubt, openness prevails." Nevertheless, if any responsive record or portion th~ere.of is claimed to be exemnpt from production under FQIA, please provide sufficient identifying information with respect to each allegedly e~xempt record or portion thereof to allow us to assess the propriety of the claimed exemption. Vaughn v. Rosen, 484 F.2d 820 (,D.C. Cir. 1973), curt.denied, 415 U.S. 977 (1974). In addition, any reasonably segregable portion of a~ responsive record must be provided, after redaction of any allegedly exempt material. 5 . .. "... U.S.C. § 52(b) For purposes of this request, the term 'record" shall mean: (1) any written, printed, or typed matlerial of any kind, including without limitation all correspondence, memoranda, notes, messages, letters, cards, facsimiles3 papers, forms, telephone messages, diaries, schedules, calendars, chronological data, minute s, books, reports, charts, lists, ledgers, invoices,, worksheets, receipts, returns, computer printouts, printed matter, •prospectuses, statements, checks, s'tatistics, surveys, affidavits, contracts, agree¢ments, transcripts, magazine or newspaper articles, or press releases; (2) any electronically, magnetically, or mechanically stored nmterial of arny kind, including without limitation all electronic mail or e-mail; (3) any audio, aural, visual, or video records, recordings, or represeiftations of any kind; (4) any graphic materials and data compilations from which information can be obtained; and (5) any materials using other means of preserving thought or expression. Judicial Watch also hereby requests a waiver of both search and duplication fees pursuant to 5iU.S.C. §§ 552(a)(4)(A)(ii)(1I) and (a)(4)(A)(iii). Judicial Watch is entitled to a waiver of' search fees under $ U.S.C. § 552(a)(4)(A)(iiXtIY) because it is a member of the news media. Cf. National Security Arc'hive v. Deparrmenr of Di'fense, 880 F.2d 1381, 2387 (D.C. Cit. 1989)(defining news media within FOIA context). Judicial Watch has as a memnber of the news media in other FOXA litigation. ,See. e.g., also been recog "nized judicial Warck lnc. y. UtL• Dpantment / Jus.tice, 133 F¢. Supp.2d 52 (D.D.C. 2000); and1, Judicial Wueck Inc. w.Department of Defense¢, 2006 U.S. Dist. U3•XIS 44003, * I (D.D.C. June 28, 2006). Judicial Watch regularly obtains intbrmation about the operations and activities of government through FOJA arid oilier means, uses its editorial skills to tar tis information into distinct works,, and publishes and disseminates these works to the public. It intends to do likewise with the records it receives in response to this request. Judicial Watch also is entitled to a complete waiver of bothl search Ibes and duplication fees pursuant to 5 U.S.C. § 552(a)(4)(A)(iii). Under this provision, records: shall be furnished Without any charge. or at a charge reduced below rthe fees established under clause (ii) if disclosure of the infonmation is in the public intere st S@fEB 39vd 69/SB B9VdHV.LVM 7visianr NRC November 19, 2U13 Page 3 of 4 because it is likely to contribute significantly to public understa nding of the operations or ac:tivities of goverrunent anld is not primaarily in the commiiercial interest of the requester. 5 U.S.C. § 552(a)(4)(A)(iii). In addition, if records are not produced within twenty (20) business days),Judicial Watch is entitled to a complete waiver of search and duplication fees under Section 6(b) of the OPEN Government Act of 2007, which amended FOIA at 5 U.S.C.. ..... ". (a)(4)(A)(viiij. Judicial Watch is a 501 (c)(3), nor-for-profit, educational organization, and, by definition, it has no conunercial purpose. Judicial Watch exists to educate the public about the operations and activities of government, as well as to increase public understanding about the imnportance of ethics and the rule of law in governm~ent. The particular records requested herein are sought as part of Judicial Watch's ongoing efforts to document the operations and activities of the federal government and to educ~ate the public about these operations and activities. Once Juadicial Watch'obtains the requested records, it intends Lo analyze them anid disseminate the results of its analysis, as well a the records themselves, as a special written report. Judicial. Watch will also educate the public via radio programs, Judicial Watch's website, and/ox newsfantar, among other outlets. It also will make the records available to other members of the media or researchers upon re~quest. Judicial Watch has a provein ability to disseminate information obtained through FOJA to the public, as demonstrated by its long-standing and continufing public outreach efforts. Given these circumstances, Judicial Watch is e~ntitled to a public interest •ee waiver of both search costs and duplication costs. Nonetheless, iin the event our request for a waiver of search and/or duplication costs is denied, Judicial Watch is willing to pay up to $350.00 in search and/or duplication cosrs. Judicial XWatch requests (har it be contacted betbre any" such costs are incurred, in order to prioritize search and duplication efforts. In ant effort to facilitate record production within the statutory time limit, Judicial Watch is willing to accept documents in electronic fonnat (e.g. e-mail, .pdfs). When nec.essary, Judicial Watch will also accept the "rolling productiorn" of doctuments. •81P8 39•d H•.,J.VIq "WIDII2F)f' 9B/P 3Sd H'riri 1IDIF~fot:ee ETVJ•1BTtT[ NRC November 19, 2013 Page 4 o1 4 If you do not understand this r.quest or any portion thereot, or if you feel you require clarification of this request or any port ion thereof, please contact us immediately at 202-646-51 7Ž or jrccla-hy,•judici~lwatch.org. We look forward to receiving the requested docturents and a waiver of both search and duplication costs within twenty (20) business days. Thank you f'or your cooperation. Sincerly JutnMcCarthy Judicial Watch H$:~P~ 2BtD9t'S~B~ Th~U4crC GE:00 EtO~/6t/tt From:Lcr4%cbar Subject: Oate: FW: AddflJonal Clarification Needed for NRC FOIA Request Tuesday, Novemb~er 19, 2013 2:16:31 PM From:".ustin McCarthy (rmailto:J~cCarthy@JUDICIA LWATCH.ORG] Sent: Tuesday, November 19, 2013 2:04 PH To: Dennis, Deborah Subject: RE: Additional Clarification Needed for NRC EOT, Request The Yucca Mountain SEP From: Dennis, Deborah [nia~ilto:Deborah. DaenicM(hnrc.gov] Sent: Tuesday, November 1%, 2013 2:00 PM4 To: Dennis, Deborah; Justin McCarthy Subject: RE: Additional Clarification Needed for NRC FOIA Requdest I think I misunderstood you. are you still wanting communications to Congress. etc. regarding the Yucca Mountain SER along with the SER, or just the SER. From: Dennis, Deborah Sent: Tuesday, November 19, 2013 12:31 PM - To: 'Justin McCarthy' Cca Dennis, Deborah Subject: RE: Additional Clarification Needed for NRC FOIA Request ,Justin, Once I receive your revised request, for administrative purposes we are going to close out 2013-0]326 and create a new request. I don't know if you are aware, but the SER was previously released in 2011 and can be found in ADAMS at ML1 10480651. Our staff is currently reviewing it again for release. From: Dennis, Deborah Sent: Tuesday, November 19, 2013 9:52 AM To: 'Justin McCarthy' Subject: RE: Additional Clarification Needed for NRC FOTA Request If you don't mind, please send another revised request indicating you. only want the "safety evaluation report" Thanks! Fmom: Justin McCarthy [mailto:JM_' Carthv•JUUDICIALWATCH.ORG] Sent: Tuesday, November 19, 2013 9:49 AM 1lo: Dennis, Deborah Subject: RE: Additional Clarification Needed for NRC FOIA Request We'll just go with the SEP. Fronm: Dennis, Deborah [ma•ito:Deborafl.Denn~s~bnrc.cov] Sent: Tuesday, November 19, 2013 9:46 AM T"o: Justin McCarthy Subject: RE: Additional Clarification Needed for NRC¢ FOLA Request To clarity one more time, in regards to the records you seek involving communications between the NRC, Congress, etc. about Yucca Mountain; are you only seeking those communications regarding the SER or all communications? If it's the ratter, then you are talking about a very voluminous amount of records. FOIA Resource From: Bluey, Robert [Rober.tBluey~heritage. org] Sent: Friday, October 22, 2010 11:18 AM To: Subject: FOLA Resource FOIA Request Robert B. Blucy The Heritage Foundation 214 Massachusetts Ave. NE Washington, DC 20002 202-60S-61 55 •.tPAN.. POINPA REQUJET : • /-Fl•)• !. ., - • Rec'd:- Reltedo Cast' __ , ,_____- October 22, 2010 FO1.A/PA Officer U.S. Nuclear Regulatory Commission Mail Stop T6-DB Washington, DC 20555-000 I FOIA REQUEST Fee benefit requested Expedited processing requested Dear FOJA Officer: Pursuant to the federal Freedom of information Act, 5 U.S.C. § 552, 1request access to and copies of Volume 2 and Volume 3 of the Safety Evaluation Report Related to Disposal of High-Level Radioactive Wastes in a Geologic Repository at Yucca Mountain, Nevada. I agree to pay reasonable duplication fees for the processing of this request. As a representative of the news media I am only required to pay for the direct cost of duplication after the first IO0 pages. Through this request, I am gathering information on the Safety Evaluation Report for Yucca Mountain that is of current interest to the public because of the Nuclear Regulatory Cornmission's ongoing review of the nuclear waste repository. This information is being sought on behalf of The Heritage Foundation for dissemination to the general public, in addition to leading The Heritage Foundation's investigative reporting unit, I'm also a contributor to the Washington Examiner. If my request is denied in whole or part, I ask that you justify all deletions by reference to specific exemptions of the act. I will also expect you to release all segregable portions of otherwise exempt material. I, of course, reserve the right to appeal your decision to withhold any information or to deny a waiver of fees. As I am making this request as a journalist and this information is of timely value, I would appreciate your communicating with me by telephone, rather than by mail, if you have questions regarding this request. Please provide expedited processing of this request which concerns a matter of urgency. As a journalist, I am primarily engaged in disseminating information. The public has an urgent need for information about Volume 2 and Volume 3 of the Safety Evaluation Report for Yucca Mountain because members of the public will benefit from the release of this information. I certify that my statements concerning the need for expedited processing are true and correct to the best of my knowledge and belief. i look forward to your reply within 20 business days, as the statute requires. Thank you for your assistance. Sincerely, Robert B. Bluey Rob Bluey Director, Crnter for Media ansd Pnblic Policy The I leritage [:otndationl 21f4 Massuchusetts Avcciue. NE Washington. I)C 200(12 202-608-61!55 heritage.org What makes America exceptional? Check out our newceries from the American Leadership and First Principles initiatives. 2 FOIA Resource uid no body (nobody~www.nrc.gov] From: Monday, September 28, 2009 1:44 PM FOLA Resource WWW Form Submission Sent: To: Subject: Case INo.: September 28. 2009 at 13:43:35 ,,-.- o4Zq ,--,tCt- " -S--t. Below is the result of your feedback form. It was submitted by o on Monday, FOAF RQ4' _________ ,a.44ai 's N- FirstName: Kenneth LastName: Blankenship Company/Affliationi Jackson Gilmour & Dobbs, PC Addressl: 3900 Essex Address2: Suite 700 City: Houston State: TX Zip: 77027 Country: UnitedStates Country-Other: Emafl: kb~Iankenshipt~iodpc~com Phone: 713-355-5003 Deso: Reports, documents and/or materials discussing or referencing radioluminescent military deck markers and/or personnel markers located in metal scrap yards or metal recycling operations sites. The period for which such records are sought is from 1950-present. FeeCategory: PrivateCorporation MediaType: FeeCateg ory_.Description: Expedite 1mm inentThreatText: ExpediteUrgencyTol nformText: Waiver_Purpose: Waiver...ExtenitToExtractAnalyze: A - S- -- Waiver_SpecificActivityQu als: Waiver_lmpactPublicUnderstanding: WaiverNatureOfP ublic: WaiverMeansOfDissemination: WaiverFreeToPublicOrFee: Waiver_Privatecommericairriterest: 2 FOIA Resource From: Sent: To: Subject: Michael Ravnitzky (b)(6) Sunday. June 26, 2011 8:57 PM FOJA Resource FOIA request Ca NO.: N tf b~d: A=,.QUE8T=. ^g "=•?- / fti•,jfl• Ahb (b)(6) ,,Ius -___ __.__ -- _____ June 25,12011 U.S. Nuclear Regulatory Commission FOIA/Privacy Officer Mailstop: T"-5 P09 Washington, DC 20555-0001 Dear Sir or Madam: This is a request for records under the provisions of the Freedom of Information Act. I hereby request a copy of any guidelines or directions or notes or instructions or guidance or other materials provided to NRC FOIA staff relating to how to respond to requests for records on the subject of unidentified flying objects. This is an individual request for research and study purposes and I agree to pay up to $25 for costs. Sincerely, Michael Ravnitzky I . NRC FORM 787 APPROVED BY 0MB: NO. 3150-0217 U.S. NUCLEAR REGULATORY COMMISSION EXPIRES: 03/3112017 (03-2014) .•o•-t•"ea%..ointeraction •,1", FREEDOM OF INFORMATION ACT •. • US R SU VEYof - Estimated burden per response to comply with this voluntary information collection: 3 minutes. This information willbe used to assess the responsiveness of the NRC's FOIA Program and its staff's with the public. Send comments regarding burden estimate to the FOIA, Privacy, and Information Collections Branch (1"-5 F53), U. S. Nuclear Regulatory Commission, Washington, 020•5550001, or by intemet e-mail to [email protected], and to the Desk Officer, Office Information and Regulatory Affairs, NEOB-10202, (3150-0197), Office of Management and Budget, 20503. If a means used to impose an information collection does not display a DC USER RVEY'Washington, S currently valid 0MB control number, the NRC may not conduct or sponsor, and a person is not required to respond to, the information collection. The U.S. Nuclear Regulatory Commission (NRC) is asking each FOIA requester to take a few moments to answer the following questions. Your candid response to this survey is important to us in determining user satisfaction and how we can improve our service to the public. STRONGLY AGREE SOMEWHAT AGREE SOMEWHAT DISAGREE STRONGLY DISAGREE NOT APPLICABLE 1. The NRC FOIA staff was: Informative / Knowledgeable D Courteous / Helpful D L1 D] DZ D] DI D D D 2. The NRC's response to your request Timely Courteous / Helpful D] I-- D] DD1 3. I am a satisfied customer. EOIA Request Number (Optional): Use this space to provide any additional comments: NRC FORM 707 (03-2014) I-- D D D] NO POSTAGE NECESSARY IF MAILED IN THE UNITED STATES UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON DC 20555-0001 OFFICIAL BUSINESS BUSINESS REPLY MAIL FIRST CLASS MAIL PERMIT NO. 12904 WASHINGTON DC POSTAGE WILL BE PAID BY U.S. NUCLEAR REGULATORY COMMISSION FOIA/PA OFFICE MAIL STOP T-5 F09 ,OFFICE OF INFORMATION SERVICES UNITED STATES NUCLEAR REGULATORY COMMISSION 11555 ROCKVILLE PIKE ROCKVILLE MD 20852-9814