Annual Freedom of Information Act Report Fiscal Year 1997

1. (a) Total number of initial determinations made by the agency not to comply with requests for records made under 5 U.S.C. 552 during calendar year 1997:

During calendar year (CY) 1997, 118 requests involved denial determinations.

(b) Authority relied upon for each such determination:

Exemptions in 5 U.S.C. 552(b)

Exemption	Number of Times Invoked
1	2
2	5
3	5
4	13
5	35
6	50
7A	27
7B	0
7C	35
7D	1
7E	0
7F	0
8	0
9	0

 

1. Statutes invoked pursuant to Exemption 3:

Statutes invoked pursuant to Exemption 3:

Statutory Citation	Number of Times Invoked
42 U.S.C. 2167 (Unclassified Safeguards Information)	3
42 U.S.C. 2161-2165 (Restricted or Formerly Restricted Data)	0
41 U.S.C. 253b(m)(1) (Contractor Proposals)	2

 

2. (a) Total number of appeals made by persons from adverse initial decisions pursuant to 5 U.S.C. 552(a)(6): 4

(1) Number of appeals in which, upon review, the request was granted in full: 0

(2) Number of appeals in which, upon review, the request was denied in full: 3

(3) Number of appeals in which, upon review, the request was denied in part: 1

(4) Number of appeals in which, upon review, the request was neither denied or granted: 1⁽¹⁾

(b) Authority relied upon for total or partial denials on appeal:

(1) Exemptions in 5 U.S.C. 552(b)

Exemption	Number of Times Invoked
1	1
2	0
3	0
4	1
5	1
6	0
7A	2
7B	0
7C	0
7D	0
7E	0
7F	0
8	0
9	0

3.

Name	Instances of Participation	Name	Instances of Participation
A. B. Beach, Regional Administrator, Region III	12	Irene P. Little, Director Office of Small Business and Civil Rights	1
Paul E. Bird, Director Office of Personnel	2	Ellis W. Merschoff, Regional Administrator	4
Stephen G. Burns, Associate General Counsel for Hearings, Enforcement and Administration Office of the General Counsel	9	Hubert J. Miller, Regional Administrator, Region III	11
Leonard J. Callan, Regional Administrator, Region IV	2	Frank J. Miraglia, Jr., Acting Director Office of Nuclear Reactor Regulation	1
Guy P. Caputo, Director Office of Investigations	27	Dr. David L. Morrison, Director Office of Nuclear Regulatory Research	2
James E. Childs, Assistant Inspector General for Investigations Office of the Inspector General	11	William J. Olmstead, Associate General for Licensing and Regulation Office of the General Counsel	2
Samuel J. Collins, Director Office of Nuclear Reactor Regulation	9	Carl J. Paperiello, Director Office of Nuclear Material Safety and Safeguards	11
Gerald F. Cranford, Director Office of Information and Resources Management	2	Russell A. Powell, Chief Freedom of Information Act/Local Public Document Room Branch	92
James E. Dyer, Acting Regional Administrator, Region IV	2	Dennis K. Rathbun, Director Office of Congressional Affairs	3
Jesse L. Funches Chief Financial Officer	1	Luis J. Reyes, Regional Administrator, Region IV	6
Timothy F. Hagan, Director Division of Contracts and Property Management Office of Administration	4	Denwood F. Ross, Director Office for Analysis and Evaluation of Operational Data	2
Edward L. Halman, Director Office of Administration	2	Carlton R. Stoiber, Director Office of International Programs	2
Sandra M. Joosten, Executive Assistant Office of the Secretary of the Commission	9	Ashok C. Thadani, Acting Director Office of Nuclear Regulatory Research	2
Edward L. Jordan, Director Office for Analysis and Evaluation of Operational Data	1	Hugh L. Thompson, Jr., Acting Executive Director for Operations	5
Arnold E. Levin, Acting Director Office of Information Resources Mgmt Office of the Chief Information Officer	2	Annette Vietti-Cook, Assistant Secretary Office of the Secretary of the Commission	4
James Lieberman, Director Office of Enforcement	11	Robert A. Watkins, Acting Assistant Inspector General for Investigations Office of the Inspector General	13

Name	Instances of Participation	Name	Instances of Participation
John C. Hoyle, Secretary	1	Patricia G. Norry, Deputy Executive Director for Management Services	4
Edward L. Jordan, Deputy Executive Director for Regulatory Effectiveness	1	Ashok C. Thadani, Acting Deputy Executive Director for Regulatory Effectiveness	1

1. Name and title or position of each person who is responsible for the initial denial of records requested and the number of instances of participation of each:
2. Name and title or position of each person who, on appeal, is responsible for the denial of records requested, and the number of instances of participation of each:

4. The results of each proceeding conducted pursuant to 5 U.S.C. 552 (a)(4)(F), including a report of disciplinary action taken against the officer or employee who was primarily responsible for improperly withholding records, or an explanation of why disciplinary action was not taken.

There have been no proceedings conducted pursuant to 5 U.S.C. 552(a)(4)(F).

5. A copy of every rule made by the agency regarding 5 U.S.C. 552.

The NRC did not publish any new rules regarding 5 U.S.C. 552 during the first three quarters of CY 1997.

6. A copy of the fee schedule and the total number of fees collected by the agency for making records available under 5 U.S.C. 552.

The NRC fee schedule is set forth in 10 CFR 9.33 through 9.43. The total amount of fees collected during the first 3 quarters of CY 1997 by the NRC for making records available under 5 U.S.C. 552 was $46,932, which includes $32,631 in search and review fees and $14,300 for the reproduction of records.

7. Such other information as indicated effort to administer fully 5 U.S.C. 552.

During the first 3 quarters of CY 1997 the NRC completed 394 Freedom of Information Act (FOIA) requests and 5 appeals. The estimated cost for the NRC to process the 394 FOIA requests was $907,723.

Copies of FOIA requests and the records disclosed as a result of such requests that relate to NRC's regulatory programs are normally placed in the NRC Public Document Room (PDR) in Washington, DC. In addition to providing general public access to material released under the FOIA, the NRC routinely places an average of 300 additional documents each day on virtually every aspect of NRC's regulatory program into the PDR for public inspection and copying. This extensive voluntary document release program has resulted in nearly 2.4 million documents being made available in the PDR and serves over 1200 requesters per month. The public is aided, on site and off site, in identifying, retrieving, organizing, and evaluating documents, PDR and other NRC resources, and related resources, by the PDR staff of technical reference librarians and by the PDR's on-line, computerized Bibliographic Retrieval System and database. Additionally, the NRC maintains extensive document collections relating to individual nuclear facilities in 86 Local Public Document Rooms (LPDRs) located throughout the country. Of these LPDRs, 72 also maintain microfiche collections, each of which contains over 1.5 million records made public by the NRC since 1981.

 

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1. This figure includes four appeals challenging the completeness of NRC's response to initial requests. In three instances, the NRC reaffirmed its initial determinations, and in one instance, additional records were located.