FOIA Appeal NRC-2020-000097 Submitted

Subject: FOIA Appeal NRC-2020-000097 Submitted
Date: 12/26/2019 6:14:58 AM Mountain Standard Time
From: admin@foiaonline.gov
To: bobleyse@aol.com
Sent from the Internet (Details)

This message is to notify you of a new appeal submission to the FOIAonline application. Appeal information is as follows:

• Appeal Tracking Number: NRC-2020-000097
• Request Tracking Number: NRC-2020-000007
• Requester Name: Robert Leyse
• Date Submitted: 12/26/2019
• Appeal Status: Submitted
• Description: Appeal the administrative closure due to failure to pay fees associated with NRC-2020-000007

Subject: FOIA Appeal NRC-2020-000097 Modified
Date: 12/26/2019 7:21:12 AM Mountain Standard Time
From: admin@foiaonline.gov
To: bobleyse@aol.com

The FOIA appeal - NRC-2020-000097 description has been modified. Additional details for this item are as follows:

• Tracking Number: NRC-2020-000097
• Requester: Robert Leyse
• Submitted Date: 12/26/2019
• Description: Appeal the administrative closure due to failure to pay fees associated with NRC-2020-000007

Subject: NRC-2020-000097 Admin Close
Date: 12/26/2019 7:34:53 AM Mountain Standard Time
From: TINA.ENNIS@nrc.gov
To: bobleyse@aol.com

Dear Mr. Leyse,

Please find attached a copy of NRC’s final response to your FOIA appeal, NRC-2020-000097.

Thank you,

Tina Ennis

FOIA Analyst (QualX Contractor)

OCIO/GEMS/ISB

U.S. Nuclear Regulatory Commissi

UNITED STATES
NUCLEAR REGULATORY COMMISSION
WASHINGTON, D.C. 20555-0001
December 26, 2019
NRC-2020-000097
(NRC-2020-000007)
Mr. Robert Leyse
P.O. Box 2850
Sun Valley, ID 83353
Dear Mr. Leyse:
This in response to your letter dated December 18, 2019, in which you sought to appeal our November 5, 2019, administrative closure of your request for various AEOD and/or NSAC documents that were referenced in a December 13, 1984 letter.1
Our October 21, 2019 email notified you of an advanced payment of $1,089.45, as the NRC's FOIA regulations direct us to obtain an advance payment from a requester whenever the estimated fees exceed $250.00, before we continue with the processing of such a request. We also informed you that if we did not receive payment by November 4, 2019, we would administratively close our file on your request. You responded by justifying that you “should not be classified as ‘non-excepted because this is an investigation of corrupt practices between NRC and NSAC.” After sending you a copy of the Office of Management and Budget (OMB)’s government-wide Guidelines for FOIA Fees, and acknowledging your stated reason for submitting your request, that reason does not fall within any of the favored fee categories (i.e., representative of the news media, an educational institution, or non-commercial scientific institution) under the FOIA and the OMB guidelines.
Since we did not receive the payment of estimated fees associated with processing your request by the given deadline, your request was not perfected under the statute. The agency’s administrative closing of our file on your request is not an adverse determination from which you may appeal. See 10 CFR 9.29.
If you choose to re-submit your request, please keep in mind that the fee estimate associated with processing your request, as originally described, is expected to remain the same and you will be required to pay the estimated fee before your request will be processed. However, you may choose to narrow the scope of your request to reduce the cost.
Sincerely,
Stephanie Blaney /s/
Stephanie A. Blaney
FOIA Officer
Office of the Chief Information Officer
1 In your original request, you identified four documents, as well as all records reflecting the technical relationship between NSAC and AEOD. You then supplemented/clarified that you were interested in obtaining copies of any AEOD documents that reflect upon its relationship with NSAC (even if not a document between the two entities).

NRC-2020-000097 closed

Subject: Final Disposition, Request NRC-2020-000097
Date: 12/26/2019 7:38:29 AM Mountain Standard Time
From: DoNotReply-NRCfoia@regulations.gov
To: bobleyse@aol.com

NRC-2020-000097 has been processed with the following final disposition: Closed for Other Reasons.

Leyse FOIA appeal UPS delivery to NRC

UPS package #1Z2Y292X1543895128

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Delivered: Mon, Dec 23, 10:37 AM

This is an FOIA request,  based on attached letter, Lang to Layman
10/5/2019 5:29:09 PM Mountain Standard Time
bobleyse@aol.com
foia@nrc.gov

This FOIA consists of a request for documents that are discussed in the attached letter, Layman December 13, 1984.  This letter documents a telephone conversation between Wayne Lanning of the NRC  and Gary Vine of EPRI's Nuclear Safety Analysis Center.  This telephone conversation was initiated by the NRC.

In paragraph 1. there is a reference to an AEOD memorandum dated February 28, 1984.  Under this  FOIA I am demanding a copy of that AEOD memorandum that is dated February 28,1984.

In paragraph 3, there is a reference to an AEOD evaluation.  I  want copy of that AEOD evaluation.

In paragraph 4.a. there is reference to a memorandum dated October 3, 1984, "UHI-Ultra High Risk" from which the author had been obscured.  I want a copy of that memorandum that has the obscured features.

In paragraph 4.c. there is reference to a joint AEOD/NRR response to Keppler.  I want a copy  of that response.

In paragraph 5. there is discussion of the valued technical relationship between NSAC and AEOD.  I want a copy of all of the records of that technical relationship.

Robert H. Leyse

December 6, 2019

Robert H. Leyse

P. O. Box 2850

Sun Valley, ID 83353

FOIA Officer

U. S. Nuclear Regulatory Commission

Mail Stop T-2 F-43

Washington, D. C. 20555-0001

FOIA Appeal

Enclosed are stapled or single page documents in the following order:

1.  FOIA REQUEST
2.  Latest FOIA – (including acknowledgement letter)
3. FOIA Request  10/13/2019
4. Fee Estimate
5.  November 5, 2019, Administrative Closeout
6.  December 2, 2019, response from OGIS

Document 1 is the straightforward FOIA.

Document 2 is the associated acknowledgement letter

Document 3 clarifies (expands) Document 1

Document 4 states Leyse should not be classified as “Non-Excepted”

Document 5 is the administrative closing of Document 1

Document 6 is a response to Leyse from OGIS.  On page 2 OGIS has five bullets with analytical factors.  Leyse insists that the disclosure of the illegal and undisclosed to Leyse or the public of  relationships between NSAC and the NRC, will identify the existence of identifiable and malicious operations and activities of the NRC, will contribute to public awareness of NRC operations that are not otherwise disclosed to Leyse or the public, will not further any commercial interests of Leyse, and the public interest in these disclosures will exceed Leyse’s interest when the disclosures are publicized.

Robert H. Leyse