Nuclear 17

Dear Mr. O'Neill:

RE: Freedom of Information Act Request #FY 17-24

This is the Defense Nuclear Facilities Safety Board's (Board) acknowledgement of your Freedom of Information Act (FOIA) request, which was received in the Board's FOIA Office on June 29, 2017. Your request has been assigned tracking number FY 17-24.

Your request will be processed in due course pursuant to the FOIA and the Board's FOIA regulation. We have classified you as an "other-use" requester. As such, we may charge you for search and duplication costs, but we will not charge you for review costs. Pursuant to our FOIA regulations, the first 100 pages of reproduction and up to two hours of search time will be furnished to you without charge. See 10 C.F.R. § 1703.107(b)(2)(iii). If we determine that duplication or search costs are likely to exceed $25, we will notify you of the estimated costs and afford you the opportunity to narrow your request. 10 C.F.R. § 1703.107(b)(2)(viii).

We appreciate your patience and hope to resolve your request as expeditiously as possible. If you have any questions, please do not hesitate to contact me via phone at 202-694-7000, toll free at 800-788-4016, or via email at KatherineH@dnfsb.gov<mailto:KatherineH@dnfsb.gov>. Please provide your assigned Board tracking number (FY 17-24) in any future communications with our office regarding your request.

Sincerely,

Katherine R. Herrera

FOIA Officer

Dear Mr. O'Neill:

RE: Freedom of Information Act Request #FY 17-24

This is the Defense Nuclear Facilities Safety Board's (Board) final response to your Freedom of Information Act (FOIA) request, which was received in the Board's FOIA Office on June 29, 2017, and assigned tracking number 17-24.

After a thorough search, we located five records responsive to your request. Two of those documents are being released to you in part, as portions have been withheld under FOIA Exemption 6. Exemption 6 applies to "personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy." 5 U.S.C. § 552(b)(6). The phrase "similar files" covers any agency records containing information about a particular individual that can be identified as applying to that individual. See United States Dep't of State v. Washington Post Co., 456 U.S. 595, 602 (1982). To determine whether releasing records containing information about a particular individual would constitute a clearly unwarranted invasion of personal privacy, we are required to balance the privacy interest that would be affected by disclosure against any public interest in the information. See United States Dep't of Justice v. Reporters Comm. for Freedom of Press, 489 U.S. 749, 773-75 (1989). The information that has been withheld under Exemption 6 consists of email addresses and a work telephone number. We have determined that the individuals to whom this information pertains have a substantial privacy interest in withholding it. Additionally, you have not provided information that explains a relevant public interest under the FOIA in the disclosure of this information and we have determined that its disclosure would shed little or no light on the performance of the Board's statutory duties. Because the harm to personal privacy is greater than whatever public interest may be served by disclosure, release of the information would constitute a clearly unwarranted invasion of the privacy of these individuals. Accordingly, we are withholding the email addresses and telephone number under Exemption 6.

The remaining three responsive records originated with the Department of Energy, the National Nuclear Security Administration, and the Department of State, respectively. Accordingly, those three records have been referred to the appropriate agency's FOIA Office for a release determination, and we have asked each agency to issue a response directly to you. Should you wish to inquire as to the status of your request, you may contact DOE's FOIA Office at 202-586-5955, NNSA's FOIA Office at FOIOfficer@nnsa.doe.gov<mailto:FOIOfficer@nnsa.doe.gov>, and the State Department's FOIA Office at foiastatus@state.gov<mailto:foiastatus@state.gov>.

You have the right to file an administrative appeal of this response within 90 days of the date of this email. Your appeal must be in writing, clearly marked "Freedom of Information Act Appeal," and directed to the General Counsel at 625 Indiana Avenue NW, Suite 700, Washington, DC 20004, or FOIA@dnfsb.gov<mailto:FOIA@dnfsb.gov>. By filing an appeal, you preserve your rights under FOIA and give the Board a chance to review and reconsider its decision on your request.

If you would like to discuss the Board's decision before filing an appeal to attempt to resolve your dispute without going through the appeals process, please do not hesitate to contact me via phone at 202-694-7000, toll free at 800-788-4016, or via email at KatherineH@dnfsb.gov<mailto:KatherineH@dnfsb.gov>. If we are unable to resolve your FOIA dispute, the Office of Government Information Services (OGIS), the Federal FOIA Ombudsman's office, offers mediation services to help resolve disputes between FOIA requesters and Federal agencies. The contact information for OGIS is:

Office of Government Information Services
National Archives and Records Administration
8601 Adelphi Road--OGIS
College Park, MD 20740-6001
202-741-5770
877-684-6448
ogis@nara.gov<mailto:ogis@nara.gov>
ogis.archives.gov

Your request is now completed, and there are no fees associated with this request. If you have any questions, please do not hesitate to contact me via phone at 202-694-7000, toll free at 800-788-4016, or via email at KatherineH@dnfsb.gov<mailto:KatherineH@dnfsb.gov>. Please provide your assigned Board tracking number (17-24) in any future communications with our office regarding your request.
Sincerely,

Katherine R. Herrera
FOIA Officer