ML18360A565
| ML18360A565 | |
| Person / Time | |
|---|---|
| Issue date: | 12/19/2018 |
| From: | David Nelson NRC/OCIO |
| To: | Tarver J - No Known Affiliation |
| Shared Package | |
| ML18360A590 | List: |
| References | |
| FOIA, NRC-2018-000665, NRC-2019-000101 | |
| Download: ML18360A565 (2) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 Julian Tarver D0C885_530 MCC-WSR B-3-18 P.O. Box 777 Monroe, WA 98272
Dear Mr. Tarver:
1111-9,2018 NRC-2019-000101 NRC-2018-000665
- On behalf of the U.S. Nuclear Regulatory Commission (NRC), I am responding to your letter dated October 29,-2018, in which you appealed the agency's response to your Freedom of Information Act (FOIA) request seeking a list of all followers tp NRC's Twitter account.
Specifically, you challenged the agency's response that it does not maintain such a list and that no such list can be created.
Acting on your appeal, I have reviewed the administrative record and determined that the FOIA Office's re~ponse to your request was accurate and appropriate. As you were informed in the agency's initial response, NRC staff do not maintain a printable list of the NRC Twitter account's followers. The FOIA does not require the NRC to create new records in response to a FOIA request if the records do not already exist.
Even assuming that the @NRCgov list of followers that is maintained externally by Twitter is.an agency "record" for purposes of the FOIA, 1 I have also determined that the list is not "readily reproducible" through "reasonable efforts" in the paper format necessary to respond to your request. 5 U.S.C. § 552(a)(3)(B). I have confirmed with Office of Public Affairs (OPA) staff that, in order for a Twitter user to export its followers into a printable list, staff would need to take the following steps: (1) download all Twitter data to a zip file; (2) extract a Java Script archive from that zip file; (3) ask Twitter to generate tokens that will access NRC's Twitter account, (4) write an executable program that uses these tokens to display the data from the Java Script archive;
- and (5) print the resulting list. As such, I conclude that the list to which you seek access is not "readily reproducible."
Even if we were to consider these steps as reasonable, given that the NRC has more than 9,800 followers, such a list would exceed the number of pages to which you are entitled as a 1 We again note that this list is publicly available at all times to any person with a Twitter account at https ://twitter. com/N RCgov/followers.
Tarver, J. non-excep'ted requester without incurring*fees. Since your request stated that you do not agree to pay any fees, and you are not entitled to a fee waiver2, we c;ould not provide the list to you.
This is the final agency decision. As set forth in the FOIA (5 U.S.C. § 552(a)(4)(B)), you may seek judicial review of this decision in the district court of the United States in the ciistrict in which you reside or have your principal place of bus.iness. You may also seek judicial review in the district in which the agency's records are situated or in the District of Columbia.
The 2007 FOIA amendments created the Office of Government Information Services (OGIS) to offer mediation services to resolve dispute.s between FOIA requesters arid FedE:rral agencies as a nonexclusive alternative to litigation. Using OGIS servic;es does not affect your right to pursue litigation. You may contact OGIS in any of the following ways Office of Government Information Services National Archives an~ Recorc;ls Administration 8601 Adelphi Road-OGIS College Park, MD 207 40 Email: ogis@nara.gov Telephone: 202.-741-f,770 Toll-free: 1-877-684-6448 Fax: 202-741-5769 Sin~.
./1/J u~g\\~*
David J. N Ison Chief Inform
- n Officer Office of the Chief Information Officer 2 Please refer bc!Ck to my January 23, 2018 letter, wherein you were informed that the NRC would no longer treat fee waiver requests that *dO not address the eight factors set forth in the agency's FOIA regulations as "perfectecf' fee waiver requests,