ML19305B693
| ML19305B693 | |
| Person / Time | |
|---|---|
| Issue date: | 02/29/1980 |
| From: | Ahearne J NRC COMMISSION (OCM) |
| To: | Oneill T HOUSE OF REP., SPEAKER OF THE HOUSE |
| Shared Package | |
| ML19305B684 | List: |
| References | |
| NUDOCS 8003200096 | |
| Download: ML19305B693 (15) | |
Text
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. UNITED STATES
.(/ '.
j_
NUCLEAR REGULATORY COMMISSION g
W ASHING TON, D.C. 20555 k
Y i
February 29, 1980 OF FICE OF THE CHAIRMAN
+
The Honorable Thomas P. O'Neill, Jr.
, Speaker of the United States House of Representatives Washington, DC 20515
Dear Mr. Speaker:
In accordance with Public Law 93-502 of November 21, 1974, (5 U.S.C.
552(d)), I am enclosing a report on the administration of the Freedom of Information
- t by the Nuclear Regulatory Commission for calendar year 1979.
Sincerely, bQ
[hairman oin F. Ahearne
Enclosure:
Report i
i-e
]
9 1
i 80 03 ~0 00 96
\\
., l1 t
REPORT BY THE NUCLEAR REGULATORY COMMISSION ON i
THE ADMINISTRATION OF THE FREEDOM OF INFORMATION ACT FOR 1979 l
l 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 1979:
1 97 1
(b) Authority relied upon for each sucii determination:
(1) Exemptionsin5U.S.C.552(b):
Exemptions Invoked (by number)
Number of Times Invoked 1
15 2
8 3
5 4
36 5
26 6
26 r
7A 3
7B 0
7C 10 7D 9
7E 1
7F 0
8 0
9 0
(2) The NRC also used the following exemptions of the Government in the Sunshine Act to withhold transcripts of closed Commission meetings:
Exemptions Invoked Number of Times Invoked (by number) 1 1
2 1
6 5
9 1
10 1
2.
(a)
Total number of appeals made by persons from adverse initial decisions pursuant to 5 U.S.C. 552(a)(6):
(1) Number of appeals in which, upon review, the appeal was granted in full:
10 (Includes eight appeals where requester appealed the failure of the agency to respond within the 10 day response period.)
1
2-(2) Number of appeals in which, upon review, the request was denied in full:
9 (3) Number of appeals in which, upon review, the, request was denied in part:
8 (4) Number of appeals pending response as of December 31, 1979:
8 j
(5) Number of appeals withdrawn:
2 (b) Authority relied upon for total or partial denials on appeal:
i (1) Exemptions in 5 U.S.C. 552(b):
Exemp(tions Invoked by number)
Number of Times Invoked j
1 4
i
~
2 0
3 3
4 6
5 7
6 4
7A 0
7B 0
7C 2
7D 0
7E 0
7F 0
8 0
9 0
)
(2) The NRC has used sections 552b(c)(1) twice and 552b(c)(4))
once of the Government in the Sunshine Act (5 U.S.C. 552b as the basis to withhold transcripts of closed Commission meetings.
3.
(a) Names and titles or positions of each person who is responsible for the initial denial of records requested, and number of instances of participation of each:
NUMBER OF INSTANCES NAME OF PARTICIPATION 1.
Joseph M. Felton, Director, Division of Rules and Records, Office of Administration 65 2.
John C. Carr, Acting Director, Division of Rules and Records, Office of Administration 11 4
3.
Sheldon J. Wolfe, Chairman, Atomic Safety and Licensing Board 6
4.
James J. Cummings, Director, Office of Inspector and Auditor 4
5.
Edward Hanrahan, Director, Office of Policy Evaluation 1
l 6.
Albert P. Kenneke, Acting Director, Office of Policy Evaluation 3
7.
Dennis K. Rathbun, Acting Director, Office of Policy Evaluation 2
1 8.
Leonard Bickwit, General Counsel 10 9.
James L. Kelley, Acting General Counsel 1
10.
Samuel J. Chilk, Secretary of the Commission 14 11.
Carlton C. Kammerer, Director, Office of Congressional Affairs 6
12.
Lee V. Gossick, Executive Director for Operations 1
j 13.
Raynond J. Brady, Director, Division of Security, Office of Administration 7
14.
Edward Halman, Director, Division of Contracts, Office of Administration
,,9 15.
James R. Shea, Director, Office of International Programs 4
16.
William J. Dircks, Director, Office of Nuclear Material Safety and Safeguards 18 17.
Harold R. Denton, Director, Office of Nuclear Reactor Regulation 12 18.
Stephen H. Hanauer, Director, Unresolved Safety Issues Program,0ffice of Nuclear Reactor Regulation 1
19.
Victor Stelle, Jr., Director, Office of Inspection and Enforcement 14
- 20. ' John G. Davis, Acting Director, Office of Inspection and Enforcement 8
-4 3.
(b) Names and titles or positions of each person, who, on appeal, is responsible for the denial of records requested, and the number l
of instances of participation in each:
r NUMBER OF INSTANCES NAME OF PARTICIPATION 1.
Joseph M. Hendrie, Chainnan, HRC 7
2.
Victor Gilinsky, Comissioner, NRC 7
1 3.
Richard T. Kennedy, Comissioner, NRC 9
l I
4.
Peter A. Bradford, Commissioner, NRC 9
5.
John F. Ahearne, Comissioner, NRC 9
6.
Lee V. Gossick, Executive Director for Operations 9
i 3.
(c)
In 1979 NRC cited the following officials of other Federal agencies as denying officials for information originated by other agencies and contained in records subject to F0IA requests submitted to the NRC.
AGENCY OFFICIAL FOIA EXEMPTION Department of John A. Griffin, Director (1) & (3)
Energy Office of Classification Department of Energy Department of Harvey E. Lyon, Director (5)
Energy Office of Safeguards & Security Department of Energy Federal Bureau of David G. Flanders, Chief (7)(C)
Investigation Freedom of Information-Privacy Acts Branch Federal Bureau of Investigation Central Intelligence Robert E. Owen, DO Information (1), (3) & (6)
Agency Review Officer Central Intelligence Agency 4.
The results of each proceeding conducted pursuant to 5 U.S.C. 552(a)(4)(F),
including a report of the 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:
Response: There have been no findings of arbitrary or capricious conduct on the part of NRC personnel, or 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.
Response: The tiRC regulations implementing the Freedom of Information Act are codified in Subpart A of 10 CFR Part 9, a copy of which is enclosed.
6.
A copy of the fee schedule and the total amount of fees collected by the agency for making records available under 5 U.S.C. 552.
Response: The tiRC fee schedule is contained in 10 CFR Part 9.14 of the Co:Taission's regulations.
fio search fees were collected in 1979.
Fees collected by the NRC for reproduction of re;ords totaled $1,288.
In addition to the above fees, the fiRC has entered into a contract with a private fim to reproduce for the public copies of records located at the fiRC's Public Document Room in Washington, DC.
During 1979, approximately $160,000 was received for the reproduction of hard copy and microfiche.
7.
Such other information as indicates effort to administer fully 5 U.S.C. 552.
Resocnse:
During 1979, fiRC received 566 FOIA requests. The NRC staff exoended approximately 18,000 manhours responding to FOIA requests involving records from all major f4RC officer, Copies of FOIA requests and the records disclosed as a result of such requests are normally placed in the tiRC Public Document Room in Washington, DC and, for records which relate to a specific nuclear facility, in the Local Public Document Room near that facility.
This procedure provides the general public with access to the same records released to any individual.
The fiRC Public Document Room and local public document rooms are open to the public during normal business hours, and copies of most licensing and related records are readily available to the public for inspection and copying. The fiRC currently maintains more than 130 Local Public Document Roon:s throughout the country.
The accident at the Three Mile Island tiuclear Power Plant (TMI) on Parch 28,1979, provided the fiRC with a test of FOIA in a crisis situation - a situation which offered an unprecedented challenge to
- ne agency's ability to fulfill its obligations to FOIA requesters at a tire when the energies of the entire staff were focused on protecting the public health and safety and averting a possible disaster.
In all, 40 F0IA requests were received for TMI records. Requesters were laforced of fiRC's plans for responding to the requests, and were told that because many of the persons who would have to locate and review records subject to the request were the very ones engaged in bringing the facility to a " cold shutdown" and protecting publii: health and safety, the full response would have to be delayed.
Telephone contact was maintained
. with the F0IA requesters throughout the review process.
Records relating to the accident and subsequent actions were assembled and entered on a daily basis into NRC's document control system where each record was assigned a unique number and indexed. The records were then forwarded to NRC's Public Document Room in Washington, DC, and to a local public document room in Harrisburg, PA, not far from the TMI site.
Subsequently, a second local public document room was established in York, PA.
Daily printouts were also prepared which were eventually compiled into bound volumes listing some 7,000 records which ranged in length from one to several hundred pages.
In addition, the NRC made available more than 17,000 pages of transcripts which covered all telephone conversations to and from the NRC Headquarters Incident Response Center during the first five days after the TMI accident, and approximately 5,000 half-hour cassettes of all telephone discussions during the first 14 days.
8.
List of statutes available to the NRC under which records would qualify for withholding pursuant to Exemption (3) of the FOIA.
I
Response
In 1979, the NRC utilized sections 141 through 145 of the Atomic Energy Act of 1942, as amended (42 U.S.C. 2161-2165), as authority to withhold " restricted data".
l t
l
UNITED STATES NUCLEAR RESULATORY COMMISEION RULES cnd REGULATIONS TITL510. CHAPTER 1, CODE OF FEDERAL REGULATIONS-ENERGY PART eustic aEconos 9
om m o yy g A
sh ML
-Sec.
9.1 Scope.
9.la Subparts.
9.2 Denn uans.
g9.2 Debta.
9.0 a Interpretations.
Sec.
ma 925 Ns.
As used in this part:
sumpert A sr dem of irrtorrnet on Act
- wu'**
prroacrunr; ta) "NRC" means the Nuclear Reg-ulatory Com-1"lon, established,b7. the sJ sccpe of subpart.
93o violauons.
Energy Reorganization Act of 19n EJs Dennitions.
m urnons (b) "NRC personnel" means em-s.4 Araumbuiry cf records.
ployees, consultants, and Enembers of 92 Z:xempuons.
G.95 8pecinc erempuans, 9.e Deleuon cf identifying detats.
advisory boards, co=mittees and panels 9.7 Pubucly asallable records son.,, c, ce,er,
., in gne sons,une Act of the NRC; members of boards cesig-92 Requesta for records.
Regulat.ons nated by the Commission to preside at d Inlyl[3,
" *' eponnu.
adjudicatory proceedings; and oScers g fn 9.
Sccpe c subpart g or employees of Government agencies, 9.11 Appeat f rom initial deter =insucr D
0 including Inilitary personnel. assigned to 9M Produccon or casclosu-e c!. ext =pt 1
nt duty at the NRC.
e 9.D... neoresi 5.103 General provisions C
ic) "Co" lon,' means the Commis-TZtenFlon cf time for rsSponse.
SW Clo5ed meeungs sion of h memks cr a horum mere-G.14 Cha yes for produenon of records ~
G.!o5 Ccmm2ssion proeecures e
9.Ha Warver or reduction of fees G. loc Persons acerted anc meu:ns fer re e of sitting as a body, as provided by sec-9.Hb Processing of requests for a waiver or considerauon tion 201 of the Energy Reorganization
$.1C7 Public announcement c! ccmmission Act of 1974.
reduction of fees
^
military depart.
,G.16 : Com=2ttees. boarts. paneu. anc oSces G 108 Cert. at n. transcripts, recorcings executive departme a.
. reporung to-thee w on.
anc In:nutes ment, cover =me=t ecrporatien. Govern.
9Je. AnnualnportsoCongms S.109 Repcrt to Congress.
ment Controlled corporation. Cr other.
g g
9'.50
- scope of'subpart;.
Arrorexx A-Rzerzm rom Drcuss:rscanow establishment in tne executive branch of Erwrw the Government (includmg the Execu-
-ttve OSce of the President), or any ince-ArntoRrrr : Sec. lei. Pub. L.83-703, 68 Ptocxmrats Arr' N ' to rec 7Em e' tN*
Stat. 948. $2 U.S.C. 2201M Sec. 2ct. Pub L.
pen en regulatory agtnCy.
93 438, 88 Stat.1242 (42 U.S.C. 5Mi): Sub.
- (e) " Working days" means Monday
< mect:als rom IPrromuar:cPr. Acctsa os AMmDurNT or RECoats MAN ABC part A also issued under 5 U.S.C. 552; Sutoart.,,,through Friday, except legal ht.idays.
hat B abo issued under f U.S.C. 5 52a:Subpart C raIs2PrTarloN or aEG7E575 abo is5Utd under f U.$.C. !!2b.
{ 9.23 InterprelatIOnS.
e Except as speci$ cal authorized by sm > c! requesta.
_ Scope.
E the Commission in wilung, no interpre-9.53 Requests; bow and waere presentee.
$9.1 9 24 vertsesuon of toenury cf incaricuals The regulations in this part !=ple-O tation of the meaning of the regulations manng nquuu.
ment: ta) The provisiens of the Freedom e in this part by an cScer or employee of 955 Spec 1Scatton of records.
of Informatlen Act, 5 U.S.C. 552. with ' the Commission other than a written in-
- ^** *E 8 #**' '
respect to the availability to the public Q terprctation by the General Counsel will Nuc raoczmts m rarmme ucrtm of Nuclear Regulatory Com*1on ree-I be recognized to be bmding upon the 9.6o acknowledgmenscf requesta cids for inspection and ccpymg; (b) L Comm1ssion.
9.el Procedures for processing requests for the provisions of the Pnvacy Act of 1974.
recorcs exempt in whole er in part Pub. L.93-579, with respect to disclosure f ubpart A--Freedom cf information Act Regulations 9.C2 Special procedurt L R and availability of certa = Nuclear Regu-g latory Commission records maintained g9.3 Scope of subpart.
cr xmurwarrons airs arrt.s_s Access determinations a* peals This subpart prescribes procedures 9.e5 Determintuens author =ng or den? g under which NRC records are made 9.Se
- i. US.C. 552b, with respect to opening Co:n. g available to the public !or inspection and mg co recuon cf recoran appeals.
e, mission Inectings to public observation :
copying pursuant to the provisions of 5 T
9.67 8tatements cf cisagreem*'._
9.6e NRC statements of erplanattet j9da $dparts.
- U.S.C. 552. This subpart does not aSect C
9.e9 Notices of correcuen ci caspute.
the disseminat20n or distribution of NRC Subpa-t A sets forth special rules ap w pheable w matters pertaining to the g onginated, or NRC contractor origi-
- "'"T******
Preedom of informatien Act. Subpart B nated. Information to the public pursu.
920 Disclosure of record to persons other sets iorth specral rules applicable to mat, ant to any NRC public, technical, or other infonnation program er policy, nor than the sudsvicual to whom it per.
ters pertaining to the Pnvacy Act of 1974.
is it intended to restnet or 1 =it the free sains~
Subpart C sets forth special rules applp now of information between the.NRC "C**" *I'"DP**"*'
cable to matters pertaining to the Gov.
0 22 Notices of emergency clac1ceu.
and its contractors and subcontractors, paent in the Sunshme Act.
9.t March 23.1979
PART 9 o PUBLIC RECORDS 57 be' tween the NRC and a Governm22t 4 requirements. tuthtrizau:ns, controls, agency. PI ep: white specifically noted " t.nd supporting d:ta relating to position C*.herwise, this subpart applies to ED rec.
- management and manpower uttitution; cids whe*ber *. hey predate or postdate C and information involved in the deter-July 4,1PC.
~ mination of the qualifications of candi-
~.
g93 m, "mdates for employment or advancement.
f;a (a)."O."ce", t=less otherwise indi-e{from disclosure by statute (other than 5 As used i: th.is subpart:
(3) records specifically exempted cated. z=es.:a a.'l c".".ces and divisions of g U.S C.
552(b)), provided that such the NRC M.
ng to or through the Ex. O statute E!) reoutres that the matters be i
A ecutive Direc:ct for Operations, except e withh '
om the public in such a man.
5 fer the OOce of the Executive Legal 6 ner, nye no discretion on the issuei
- Direc;or.
y or t.
establishes particular criteria for'
=
(b) "Reco t " means any book, paper. I withnoldirm or refers to carticular types map. photograph, brochure, punch card, l of matters.o be withheld.
6 S I:Agnetic tape, paper tape, sound record-ing, pamphlet. shde, motion picture, or other docu 2e:tary material regardle of for=2 or chsracterttics, made by, in the Tv-An of, or under the control of the NRC pu st.a.nt to Federal law or in cc necti:n with the transaction of pubhc br*w a.s evidence of NRC orga-3 nirAtion, f: 2c:icns, policies, decisions, A
II'l g,9 procedures, cperations, programs or M
u other act: Tines. " Records" do not include n
3 n
objects o r.rticles such as structures, y
U fu.~itr.,re, tangible exhibits or models, or
_ vehicles and eq. pment.
fl9.4 Armuability of record-.
~
Any ident:*able record, wi ther in the
- pocession of the NRC. its con actors,its sub
= contractors. cr: othes. shall be i-made availa:le for inspec.on and copy-p h g purstar: to the provisions of this Lpubhc.
part, t:pon request of any member of the
~$9.5 Ex en:pdom.
(a) 'Ibe ic:loM:s types of records are m exemp; frem ;Plbhc disclosure under
$ 1CA:
(1) Reco :is (!) which are spec 1*1: ally d authe ized tmdz: criteria established by an Ixecu :re c* der to be kept secret in e
the in:e er: Of at:enal defense or for-e elgn poil.7, and (11) which are in f act properly r***-d pursuant to such Ex-ecut:re o.-der.
(D Reccids related solely t* the inter-nal pe.senne; :.;.les and pract;ces of the NRC. Thn cumtion does not apply to rules relaun; to the scn hours, leave,and working condinons of NRC penon-4 ne!, or ::.mC.ar matters. To the extent
- - that they cz.nnot be disclosed without c-harm to the functions to which they per-
- t&in, eaamp;es cf exempt records of the
[ type speciSe:1. the Arst sentence of this e paragraph include, but are not hmited to:
(i) Opera::.a.g rtjes, guidelines. man-uals on 1:*.e-.a; precedure. schedules and rnethods c:ih:2d by N RC inspecton, investh pros. auenos. rad eurniners:
.~'
l (11 < E1. ;& '- c positions and limita-
- " tions t rc;ted t a negotiation prior to lg the execunc c' a contract or the com-p;eticL cf
- e act.icn to which the bar-Sal".; C p:ar.*!.10:s cr hmitations were ap-p'.2cah;e esce;; z.s they may be exempt M pu sua.
- occer provisions of this L sw==n;
~
- (iih Feror.:>ei ;nb:ies. procedures and in-r:ru Do::s z tenz' staffing plans.
Redesignated.
Se pt e n t>t r *. U75 92
PART 9 o PUBLIC RECORDS
~
titigation with the NRC. To the Extent not so (1) Investig'iory recortis compiled for svailabla by law, Examples includt, b2t are not law cnitreemerit purposes, but Cnly to limited to:
the extent that the production of such (1) Reports, memorandums, letters, records would (1) interfere with enforce-correspondence, work papers, minutes of ment proceedings, (ii) deprive a person meetings, and sta:! papers prepared for of a right to a fair trial or an impartial
.a use within the NRC or within the Executive adjudication. (in) consutute an unwar-Branch of the Government by (a) members of mranted invasion of personal privacy, Uv)
, the Commission. NRC penonnel, or any 8 disclose the identity o'! a confident.al
- Government agency, or (pf an NRC contractor.^ source and in the case of a record corn-E or its penonnel acting within the scope of a e
$ piled by a crimimilaw enforcement au-e contract with the NRC; thority in the course of a criminnt in-(ii) Advance information on proposed NRC vvestigation, or by an r.gency conducting w
g plans to procure, lease or otherwise a lawful national security intelugence acquire or dispose of materials, real investigation, con $dential information estate, f acilities, or functions, whea such furnished only by the connidential information would provide undue or un*
source. (v) disclose investigative tech-fair competitive advantage to any niques and procedures, or (vi) endanger person;
\\
the life or physical safety of law en-('
( 111 ) Records prepared for use in pro-forcement personnel.
ceedings before any Federal or State or,{ examination, operating, or conditi (8)* Matters conta!'ned in or related to court or administrative body; Uv) Evaluations of contractors Q
.".'.-products:
ports prepared by, on behalf of, or for
- the use of any Government agency re-m 9
(v) Information scheduled for pubbe g sponsible for the regulation or super-
~
vision M Snancial insmuuons.
@ release but as to which premature re mn (9) Geological and geophysicalinfor.
g lease would be contrary to the pubbc Einterest, such as documenta swalttng madon and data Uncludng maps) con-cerning wells, e patent rev>w;
- 2.,
2 (b) Any reasonably segregable portion (vi) Reports of inspections or inves.
tigations or surveys which pertain to the " of a record shad be provided to any per m N M E M r M a h 6 internal management or administration of the w ledon of the portions which are exempt eNRC:
Financial accounts and records i underthissection.
e
- (vil) o and supporting documents; budget docu-or pg g, g
c ments and supporting papers use Government agency or deals with subject
, arising in the preparation and/or execu-n tion of a budget; annual and mult17 ear "@ matter as to which a Govemment speney program and financial plans and sup C other than the NRC has exclusive or primary porting papers; audit reports, programs,' ' responsibility, the request for such a record shall be promptly referred by the NRC to that work papers, and other data developed y g
,during the course of audits.
g
.g g g
- (6) Personnel and medical files and
""".(d) Nothing in this part a thorues withhold.
- mr files. the disclosure of which inF of information or bmitin g weeld constitute a clearly tmwarranted the avanability of recorts to the pubuc, invasion of personal privacy. Inf ormation except as spec 1Scany provided in this
@ fLir.nc.rd information obtained from a,in such files which is not exempt from (4) Trade secrets and commercial or part, nor is this part authority to with-en=Mure pursuant to other provisions hold information from Congress.
e E persen and pridleged or enSdential. E of ttais section w1D not be withheld from Delet,on of identifym,g details.
g Matter sudect to this exemption is that e the Individual concerned or from his des-
$9.6 i
w which is customarily held in conSdence w ignated legal representative, ar'd it may Whenever the release of the name or y t'y the enginator. It includes, but is not ;i; be disclosed to others with hl.3 written 1 names or other identifying details of, or ghmited to:
consent. To the extent that t ;y involve E relating to, a private party or parties a clearly unwarranted invasion of per* e win constitute a clearly unwarranted in.
(1) Information received in contdence, sonal privacy examples of fues exempt ' vaaion of personal privacy, an opinion, such as trade sec ets inventions and die from disclosure include, but are not lim R order.or otner record required to be made coveries, and propnetary data;
_ited to:
aga11able pursus.nt to 5 U.S.C. section (1D Technical reports and data, de-552 will be p blished or made available (1) Files containing the names of in-signs, drawings,. spec 1Scations. formulae, with such identifying detalis deleted and or other types of proprietary information dividuals who have received exposure to with a not!Scation such as the fonowing radiation; E which are 2ted or developed by the NRC as a preamble:
E or for the bc:
C under contract:
(11) Files containing reports, records 3,m,,,,
p,,t,,,,,,,,rt,,,,
,,,,t,,
g
( 112 ) Statistical data or information, and other material pertaining to indl.
,73,,,,g,, g 3,,,,,,,,,,,,,, t,,
g,,,,,, g,
concerning centract performance, in-p vidual cases in which disciplinary or prevent a cJearly unwarranted invasion c:
N come, pre.ts, losses, and expendituna, ; other administrative action has been o.
the persora: privaer of the indJviduals in-a if received in conSdence from a contrac e may. be taken, including records of pro-
_voi,ee du ek by Cp n.
59.7 Pinbl;cly. silabl, records.
- # PO**
rm n e
- 6) [ Deleted 40 FR 8774.}
r: neb opinions and orders resulting from (a) 'n2e NRC Pubhe Document Room (5) Interagency or intrangency mem-those proceedings than be disclosed with-n is located at 1717 H Street, NW., Wash-orandums or letters which would not be out identifying details if used, cited or e ingt available by law to a private party in relied upon as precedent, as provided in E a.m.on, D.C., and is open between 8:30 and 5:00 p.m. on Monday through 19.8.
C Friday.excep legal ho11 days.The fonow-
ing records or documents are svanable at
$ the NRC Public Document Roomior pub-lic inspection and copying:
heaeugnated 4o TR 7893.
(1) Final opinions including concur-rine and dissenting opinions as wen as l'
93
PART 9 o PUBLIC RECORDS orders'o! the NRC made in the tdfudicaa mth 9 9.14b; Processing of requests ior of.Mmtnharation.-m.st:fbcnent c=se to ucn cf crJas; a waiver or reduction of fees.
mmniv vith the time *mt i set iartk$a r
(2) Statements of polley r.nd interpre-timagatagrapit for a resumme-by.theDE '
tauens wt.!ch have been adopted by the (c) If the record for which a request 6'h#'D d **
NRC and have,not been puh11thed in the PetrRAL Rrc2sTra:
is made has been nasonahly described ND'Wh#""" M 8he Executive Legnr ntruscus.orw -hew t o (3) A reco-d of the f*nnt votes of each (
independent
- 1$ctemcnat$
makn an d n e
P me=ber of the Coavakston in every pro-cedim het Rom me nquester wm be
.wbetber to comply with or deny tne re-(4) Nuc. ear ":gu.ato y Co""** Mon informed within 10 worting days af ter 4% If me-
.Omceef w w rules and terula ons:
receipt of the request by the Director.
1stmuan, determinen that the.Teccrd (5) Nucles - Regulatory Commt**n O"ce of Administrat on or his decisnee s ught la ewmpt frorn productaan cNbe-hianual and instructions to NRC per-aM M Nm me reswd closure pursuant to i 9.5(.a) and 1:a pro-connel that acect any member of the FIU mm g
duction or_rkeh"Je,1s cWAthe public; cost for kuW= ' 2e-pubbe interest or wi'l adverse # a5 met (C) Current indexes of the foregoing In orda % hWM noords the rights of any pc san..the D5ctor records issued. adopted or promulgated the not rzpedmusMwrra pegon OSee of Administrauon. w3.notuy tbE m
aquester in the manne-prmided 2n
{ r.f ter.luly 4.1967.
y n e 10.10 withirb20 working days after re-
- 4) The NRC win publish, truarte:ty l or mo e frequently, and distribute (by at t&Pubbe DMu -
ceipt of the Tequest..
sale er otherwise) oopics of the f*Mes
- nent Room with the private Srzn ton m
.(c) "Ibe 10 worhng day period fer re-.
e a
k a nquest for e-m c g g e.nengs g g g p,
.tractually respons!hle;.for. reproducing g v
~g g,g g g g:nph (a)(6).of this seetton t=les it icopks of EncoC may be extended for tznusual c.trcum-receds,w%gw 3 stancea as p:vvided in i 9.13.
deter'.:nes by order published in the (d) Reqwted PtDran RrcIstrR that publication would O
o ui.) In exceptinm1 w2 e-be t=necessary and tnpracutable, in which, case the NRC wO provide copies ed at places othe:-than the:NRC 4there it does not appear p='ht.% m-cf sucr. indexes on request at a cost not t Rm e N M; plete action on t.he request within the mnemum.20 working day Innit as pr>
to exceed the direct cost of reproduction qua ae a
o
.vided in ! 9.13. the Director. O".uce cf Ad-as p otoed in $.S.10 minktration may see.t an agree:=ent w;W gg, g,
D*8 N
g91 Reque80 (ce reewda.
w!! hint 1G wo:t!ng. days after recsapt.%,
,tme in which to.gc4 upon the request,
, pg e g,e g
(f.) Coples of records may be requested dicers may authertse an5RC mar. tractor DO*~
7 in person at the NRC Pubhe Docu=ent w.crictaeHWWds f*:ihat
- *#1"UE'
-%O *DCh Room.1717 I* Street. NW., Wa.shington.
- tdeontractor's facihty or if.the neord
- d D.C. Writwn requests for copies of ree-ts in the pas.ws.sion of a sutecstracter*
nw been re6.ed w h Dw-A h.
dos M c-ds N ' be addrest.ed to the D: rec:or.
at g; subcontractor's f acility. 'Ib'tbe ex-C3ce of AP-ints:-ation. U.S. Nuclear t
nspond to a request within the 30 wort.
WWgton. E {ent apphcable t)ee charges specined in g.14 for locating and reproducing copies ng day period. w wtWn such 6 Regult.:c y CommRsion.
D.C. 20555.
E cf records shall be applJed to. records' pe as provided in mis M the n-
?
n snade available punuant to this' para-Weste-Inay trea ave delay as a wat g
of the request and immediately appeal.to e
h The reques+. should clearly $
A request for a record which is not e
W for Opersuc=a na state o. the envelope and in the letter available in the NRC Public Doewment I" I
"}
'I * " - MCS N
= that 1; is c "Freedo= cf Infer =suon Act Roc = shrd! be pmmptly forwarded by r urt as provided in i 9.13(c).
- rea m f sne Director. OSce of A*"'avration, or hl 9.10 E
b:s oesignee, to the head of the oSce pri.
Fonn and cometent of responses.
marily concerned with the records re-(a) When a requested r= cord has E
- v. request that is not so snarted quested.'The Director. OSee of Admin-~
been identified and as avraable, tne E wiH be caemed not to have been received huen, or his desspee win maintain.
head of the office of which a request
- l'y the NRC until it is actus.Dy rece:ved and the Execume Legs] DirecW or his has been referred or the D: rector, C hy the D: rector. OSee ef Ar"a*-*trat.mn.
des:gnee rm be furnished, a con of **
Office or Adminktration. wC pro =pt.
e request referred to another oSce, t("
ly furnish the record or notify the re-T sether with the following information:
O (1) the date the request was received:
quester a.s to where and when the record will be avaliable for mspecuon h M A1. requests for copies of recore
[gt and copying. Copies of recorns da.
8
)
e g, Inust res.sonacly cescr:De the record geg closed in response to Preccom cf In.
&caght in sufficient detail to per=1; for= ation Act requests will normally tue acentificauon of tne requestec
$ 9.9 Inhial determma6an.
- be placed in the NRC Putlic Docu.
recorc. Wnere possible, specific infor-(a) If, after consultation with the ; ment Room and. in the case of reco-d.s
=adon regarc=g dates, titles, docte:
Exeutive Legal D: rector or his designee, ; relating to nuclear power fa.cility. in numDers. file ces:Enstions and other the head cf the cSte to which a request ; the Local Pubhc Document Room es.
- Inicr=&Uon watch may help identify has been referred nnds that the record, tabhshed for that f acil:ty. The no: fi.
.' the recorcs should be supphed by the sought is exemp* from production or
- cation will also advir.e the requester of
! re: tester. If a reques does not reascn.
d:sclosurt. but that its producuon or any appucable !ces unoer ! 5.14.
! Et!y cesenDe the record sought in suf.
disclosure is not contrary to the pubile (b) A reply denying a reques for a l - Sten: ce:C to per=lt its identifica.
interest a.nd will not adversely rdect the record or cenying s, request for waaver
~ tier tne reques;er nll te so informed r2ghu of any person, tne head of the or reduction of fees filed pursuan to ry the D2ct. Ofhce of AN"!rr..
reponsible oSce will actnoriae the pro-l S.14a mil be in wr2 ting signed by tne l
ncn, er h;s ces:gnee within 10 wort.
cucten or discloc::re of the socord, and Director. Office of Ar"e~a:.:en, or i
ing days af ter rece:pt cf the reques:
will notify the' requester within 10 wort-h2s oesignee, and will incluoe as appro sad requested to suumat add:Monal in.
ing days af ter mect t of W reqw that pnau" Q**ncords WC be DM=puy In&de smil" l
f cT=at1Cn regardinF the reques cr to (1) The reason for the dmid l
=ee: m:h 1,pp opnate NRC personne!
in CTOer tc clartfy the request. R e.
(b) Except as provided in.19.1$,1! the-m A ref erence to the sp-c:f2e ex.
emption under the Preacom o! 1nicr-h
- t l'"
b#
quests for Wa1Yet or reductlen CI fees mauon Act and the Co-men's reg.
snall be Inace in acccidance w::h D d d
ulations authorir.Ing the Eth!!oldng
! G.14a. waner or recuction cf fees.
ne rd, and shall be processed in accorcance subm:: such hnding to the Director' OSce (3) The name and title or postuon of ff M ee*. M is7s 94 0
PART 9 o PUBLIC RECORDS eb person responsible for the denial T9.12 Prodeedon or' a;.clo nri er ex.
8% x 14 inch tatt or fractico t. hereof cf th'a request. including the head of
- mPt e"o*
per page-copy. Micre!1:be-8% x 11 inches--40.23 pc page copy.
the office recommending denial of the y -@ Records of the End sp3c1 Sed in (2) The charge for reprev - e rec-a requestt 9 9.3M) ashan not De produced. of 4.s.
ords other than those spectDed abc've (4) A statement as to why the re-ectosed by;NRC persbnnel or NRC coc.
quest does not meet the requirements tractars who have pomession of such rec.
will be computed cn the. basis of of { 9.las if the request is for a waiver ords. wet 9 in accordance ati.h this Pe.
NRC's d: rect com.
or reduction of fees. and or H 2744 and 2.*MD of this chapter.
(3) The chtrps fo requesta made (5) A statment that the denial may Ab) NRC personne1anS NRC coutm.
through the rnt'h wC' be the amme as be appealed within 30 days from the tors from whom a reco-d exempt from paragraph (a) (1) and C) c' this ace-receipt thereof to the Executive Direc-
<lisciosure is sought ent' follow the -pro-tion except thst ahi; ping cr rmaf5r cedcespecised below:
costs abati be added. If the a nount of tor for Operations.
41)'If an exe=pt recordistoughtfrom any mailM in c-der is le=s tha: $2.00 (c) A copy of each letter granting or NRC personnel, the request or subpoens excluding the sErpm c-r-a!5g denying requested records or denydg shall pmsptly be formded to me U-cos*.s. the customer siall be charged a a request for waiver or reduction of fees will be maintained by or fur.
rector. OfSee of Adminis:*rstion, who m1Mmum of C.00 plus costs of ship-shaU proecss the request e.s provided in ping or Mint nished to the Director. Office of Ad.
m M wh M c2c.acdon as (b) Reques*.s for coMes of records to emktration, or his des 2gnee.
unny be appropriate.
be reproduced and f:::"hd by the j> { 9.11 Appeal from initial determination.
(2) If an exempt reccid is sought from NRC at lem"< othe-than the NRC an NRC contraetc. h mued M 6 Public Docuant Room la =
- in (a) Except as provided in f 9.15. a re-poena shaU promptly be forwaW 2 Washing 2n. D4-. C M !=-ed at quester may within 30 days of receipt W EC comW ch MN-the foDowing cham of a notice of denial of the request for ing the contract who v11Rthen foDow the (1) Sices up to 8% 114 inches made records or denial of a request for
.:n me Sed 6 ANMD on o h cop A *
- N 10.per waiver or reducticn of fees pur::uant to page copy. Laner N
".10 for each 8ec this subpart. appeal such denial to the NEC D'#3C "'IlC Eh 114 inch unit or fre*1m therto!
n'ho an,nquWa'A* M"M b'(3)
Executive Director for Operations.
W per page copy.
The appeal shall be in wnting, ad, produce e dsclose a reced M h W C) The charge tw %^W ne.
dressed to the Executive Director for included b 19.5ta) sha.D appear in rt-ords other than those spec.*.fied, above Operations. U.S. Nuclear Regulatcry sp nse hnto and sM nectW b d be co=WM cn me basis of Co~mion. Washington. D.C. 20555 chne to Wuee w dsclose W.wM Ns dinc*. cos*a.
anc should clearly state on the env lope and in the letter, that it is s' p derm bW n.WM M p-(3) If a reques. is !c* mms at h n
E*
tions other than the N Public Doc-R Rap.
" Appeal from Initial FOIA Dec:s2orkU c. has W amM MmaM 2 D ument Roo=. a charge of 35.00 per An appeal that is not so marked u 6 Part -
bour w!11 be = ace ic; ses-ch+ng for be deemed not to have been received by the NRC until-it is actually re-E $ 9.13 Extemion of time for remon*e. g the requested ncords by clescal m ad-e minisust2ve mioyees a.nd a charge "f ceived by the Executive Director for W
mW W~
"W C d MM pc We h e_.tng by Operations.
n paraca N
e e pmfessional e sww cones.
E (b) Except as provided in { 9.13 the 8PMS 33 TI Da W h a cater sea *ch is e Executive Director fcr Operations' MD extended t'y Dot ce*e thEn 10 working ! ensa.y in ordC to f2G a request, the C
4-make a determmation with respect to days by W*m m to the pen'm mu*c el hv c & h 7 any appeal pursuant to this section mm.ktng such request cetting forth the actual direct cost cf t.he w wt'.hin 20 woraing days after the re-nasons te such exte::sfon and the date w
w ceipt of such appeal.
cn which a determauon is,ezpectecto (5) Except as othe wise prended in (c)(1) If on appeal the demal of the be dispatched.
{ 9.14a. unless the request ve*
request for records is upheld in whole (b) For purposes cf th:s senticn. Nn-states that whateve cost :s involved E 'C(( ' * 'C C[
usual circumstances"means:
wiu be acceptable or ac:*p:abie up to nW to sead & end ch a specM M W m Mll, fo re mer such request of the denial, m-mes ed nerds fmm held !ach quests mow amated costs f=1 clutng the exemption rehed upon. an "I " " W "I*I*
- C'83
- **CC 3D'CiI8'd III explanation of how the exemptics ap-
.f s
es 4ata, so
.se he nqu ec as pbes to the records withheld and the W W nud to search fr. cM.. and pmMed b { UN EM W mest reasons f or asserting the exemption.
appmpnately exa=:ne a wl
=s not M MM M han W m am o ma a e and dstw rece emed M & em W to W e (2) If on appeal the dema! of a re-quest for waiver'or reduction of fees which an demanded *n a s:rigle request; mated costs is received, er tne requestr for locating and reproducing records is er he agreed m h-tne mig costs. or a
- tson ns.s be upheld in whole or in part, the Execu-
- 3) the need for censuhation, w._
otte*",
tive Director for Operations will notify ed b the person c2ating such request of the p
ej,
g uon o f 2:::. y req--
be paid in f uU pmr to the v e of denia.. including a statement as t W
b *h MWW2 M the requested recce_
wh> the request does not meet the re-the rectest e among two e men ec n-(6) Refunds of unused depesits or
. cf { Wa.
ponents cf the NRC having substan*aal additionQ b5r M1: ba made to (3) The requester shaU be informed et te-m m th e adjust to the antac pated cost to the that the den:a! is a final agency acuen
. g, ggy%
7, actus.1 cos.
and that judicla! review is avaliable in sc : bed tr. H M nnd.9.11 Ineycot exceg (C) 1: CC'" " C' M*h the FTderL3 i
a dstrict court of the United States in a co:r.btced total cf 10 mg cays per 1 Adviso y Co==1ttee Act, th1 pts the dstrict in which the requester re-request.
. of tes*: mony in NRO proceec=1gs.
slots. or has his principal place of ;::-
whics an trN-ib-d by a repo ing bus: ness or in which the agency ree-Spl9.14 Charra for pmtwetion of rectmir "D '
crts are situated, or in the Distrac; of a Requests for the reproduction of may the E' r=(co)rds at the NRC Public Documey 5-Room. located in Washingto D.C-Con as pronced ic* m the con *an*.'
(d) Copies of all appeals and written determmations on appeal MU be fur.
with the reperttng firm. or may be n'thed by the Executive D rector for [
A purchued fr== *.he NF.C at t.be con Operations. or his designee., to the Di.
(l} 8l*#' "P
- l4 l h ** "" '
CI P'PTCd2Ct 0 83 P70"Ced 2 Park-rector. Office of Meetration. or has n office e pytng mehiner-40.08 per graphs (a) an: (b) c: th:s mec:.inr.
dmM*
page copy. larger sizes--40.08 for earh (d) Copyric.ted ::ste.rts w'..1 not be Ma'm 22m9 95 inm wa s ua) ppc
. D) '
[
PART 9 o PUBLIC RECORDS reprottuced in violat!!n r,f the copy-the cuality sf thr environment p I 9.14b Processing of rwuesa foe a waher ruht im (u) Result in ir= proved reguir. tory
" ** *f "
(e) The Direc:cr. Office of MNM*-
processes; (a) Within 10 working cars after re.
, trat!cn. ct his designee. or the Execo.
(111) Reduce the cost of providing &
ceipt of s request for aceev: to records tire D: recto for Operations, on ap.
m govemment serrace; wb.!ch does not invo.tve Iso e than four C
peals in accordance with the provl.
(iv) Contribute substr.ntially to hours of acc.rch *.ime, or in whicn the sitns cf ( 9.14a. win walve or reduce any fee required by this section upon a puhuc debau on an impo-tant poucy NRC acrees to wn!ve fees pursus.=t to deter =ination that walver er redue.
lasue; or
{ L1
. tne. C d m=d to the tion cf the fee is in the public interest (v) Contribute substanusHy to =Ab request as provided in f 9.5. If the re-because fu--*me the information ters of histencalimportance.
Ques. h ewW to M.me r. ore than can be censidered as primarily benefit.
(d) Public benefit will not normany four hours of ser.rch titse to Irma the ing the general pubuc.
nsi requested records and the NRC h.as (1) When the requested records will not m:.1ved fees under $ S.14ad). the be used pri=a.dly for the persond NRC wiu notify the r-quester' that fees w1D be assessed. 'Ibe notifimHnn benellt of an individud or group aban include the estimaw cos; og y,>f5.14e Waher er redoetion of fees.*
rather the the general public; search fees and the na.4re of the (a) Fees for searching and reprodue.
c) Men the nquested ncords W
.tet:vh required. Reque=te s are en.
tion cf records at locauens other than be used primarily for a commercial couraged to discuss <th the NRC the the NRC Public Docume Room shan purpose or meal benefit; posaicility of nr.rrowing the scope of be wored-(3) When the requested records have the request while rett.bu::x the re.
(1) for searth fees when the time for already been made available. or are quester's criginal cbject!ve. The re-the seere.h does nnt exceed four hours, being made available in response to quester vill be adetsed thr.t he may
~
in the a.g esate for r. request or the request. for inspection and copy.
agree to bear the esti=sted costs, se 2es of related requesu:
ing in the h%C Pubbe Document submit a deposit equal to the est=nat.
c) whe*e the reccids are requested Roo= or a local Pubbe Doctunent ed ccst of co:nplying with tne request.
by and made armHahle to a Federal Room; or sutmit r..equest for walver or re-State, or local sovernment, to an inter.
(4) When the requested records win due:1on of fees pursusst to ( 9.14a.
governmentd agency, or to a foreign not add appreciably to the informs.
(b) Withm 10 won:ing days of the re-rovernment or international agency, taos already avanable to the puhhc in ceipt cf NRC's notice ths.t fees wfD be and fue+ r the records without charge is an r,"ppro,.riate courtesy.
the NRC Pubhe Document Room or a assessed, the requester ahd1 netify I.ceal Pubbe Document Room:
NRC in T nung that be agrees to bear (b) Except as prended in paragraph (5) When the requested records con.
the est.imated costs. suc=3 a depos :
. (a) and tf) cf this sectict. fees for sist pnmarily of technical data we equal to the esti=ated cost cf respond-
- acaraM and reproductics of records ; wC1 only be d.istributed or made avafla. E ing to the request or sub=ft a remaest
- may be waivad only upon reques* A ; ble to the pubhc by the recuester C for wafver or reducticn of fees pursu.
- person requesting the NRC to wa.tve or
- mthout further andyses or co= ment; : ant to g E.14a. In -eme a reauest for
" recuce search ci reproducuen fees 5 (6) W3en the costs to the putue ' we.!ver er reduction cf fees. a requester
- under this subpa-t shall as set forth
. outweige any benefit wh2ch may ! =ust p ovide the infermanen regered in 9.14bm provide sufficient factud
- accrue to the pubuc-by i C.14r(ch infcr=atic: to permit NRC to t=ake (e) Based upon the information fur.
(c) Withh 10 worr.ing days r.fte re.
the ottermination whether wasver or mshed by the requester in response to ceipt of a request for the waiver a re-reduften of the fee 1.s in the public in-para graph (c) and the entena set duction of fees made in accor mrw e
teres; Decause fur"*mr the informa.
forth is paragraph (d) of this sectica.
Mth ! E.14a, the NRC wi". ws!ve a; non es.: ba considered v pnmarily and the NRC will determ.tne 1.f walver reduce the fees and notify tne recuest, benein:.Lg tne generd public, or recuccon of the fee is in the pubhc er of the h3C~a intent te pr=ptly (c) 1: N9r a request for wafver or interest because Iu.rmisMng the 1:1cr.
provide the reconis or will ceny the re.
redueno: of fees. the requester than I=ation can be considered as pruna-Cy prende a s%tement setting forth the benefiting the general pubhc. In ceter.
quest an provide a statement to the fonow:ng =for...ation to the extent midnr whether to wa.tve fees in whole requester as to why the recuest does nct meet the requ.ireme=ts d possible.
or in part, the NRC will consider the 9g,143g,3 (1) Roy tne infermation obtained total es*mW search and nproduc-(d) In those cases wnere a waiver of from tne rec 0rds. or how the conclu.
3 rr' es*
e te.
- y fees was recuesten rnd de=ed and the siens pr resnits f em any renew or tM uc h ca'M h b'N requester hr.s agreed to Dcst the es.
J snalyt.es cf the reco-ds, w1D be pub-of rar F the necw pub 3c inter.
teated cos.. the requester =&y v thin tahed er otne-w:se disseWnnted to est show:ng under para.raph (c) cf 50 days cf rece:pt cf the requested the gent-d pubhc this secion.
cocumen.s usus==n a recast for a C) Tne s:ce of the pubbe ths.t w1D be
(!) 1: the Nnce of a specific re wr.!ver cr reducucn cf fee if the re-benefned ty the disclosure; quest for wafter or reduction cf 1ees, if ce:pt of cocument.= has :=&tenally (O Tne nature, signific8nce and lihe-the information furnished by the re.
6" rec the 13'ormLuct enginally l lihCV)d of any t2.ng*ble benefit that the 5 pubbe ::Sy rece!ve fac= disse =tnation quirements of this SectiC: fer waiver ' furnished by the re0VC4ter 7.ursuant quester is sufficient to meet the re-6 to L l41/ch This pn.agraph (d) wCl f Cf tr:e t:Ic"=atic ;
or reduction of fees. NRC Isay ceter.
DeccCC meffect1Ve af teT DeceI:be* l'T, I
41 ~~2e f:nr.ncir. benefit. if sny. the
=ine tha* production cr c:sclosu e cf
'S 5 :: urn that nn re:;ues.s Ier recon-l re(quester viU receive fro = the use of the requested records ccn be ccts:d-s:cen. Men su =itte.'. a.f ter :t.:s cate the res.:ested =stene.ls; ered ac pn=a:'.ly benefinn; *he gentr.
C be rer,ewed unJess the Com:=is-(5; - he at::hty cf the requester to rd pubuc.
sion tr 6.es s.cf.cn tc extend er =aze pay fer r.ny cf the anticipated costs:
(c) ~'he NRC will not wcfve the re.
pt.w m.:n th.: ;--cns:crL productics costs for documents locat-
! ou(O Re : ine intenced use of the var.
, te) /.7 p ovicad in H 5.11 r.nd 9.15. a t s types cf recc-d3 requested is res.
ed cr z=ade available in the NRC oenir.1 cf I recuest te waive er recuce
! gMy gy gc.. ahlens to W' t*+n c, pubDe cocument room in the.r.Doence the Ene=:::ve D: rector fer Op-ranens Pubhc Dntv:. ment Roc = cr a locr.1 fees s.ar be apnezued mth:0 20 can to
.w
.o enar.nbe pubbc's her.lth, saf ety, c) of a ec=pelling reason to do so.
cr te the Commior as a:D ep.:r.te.
m cr.me: me.~u ecotenee m -w. m:c -=u e m.w
- 60*t'::L5 i.i ta.4 C I F'3e G.14tKd) nzTe been
- W e*.
L.c u s 14 5.1 ra,u pe 8:*:" Met !? LOf M Cr*De'd ACCou3!22s
. ?? *- *.Y '
'.E O Q**i d w-~ y Cite cetr rumb-? I-1EC25 (P.oSch t":n e -- rxt - 5 tt
- R em:.
Marc' R US 9-Sa D
g D
D lP c
(ne wt pa&e e ? t1 o']
j c
oo
PART 9 o PUBLIC RECORDS l 9,15 Cosammlunes, boards, panela, and of-1 I
r Seus reporting to the
--i-ion.
(a) Por boards, panels, and' offices re-
~
porting directly to the Comminzion.
and the O!!!ce of the Executive Isral i'
Dimeter, the initial determination on S request for records or request for waiver or reduction of fees for locating and reproducing such records, re-quired by I9.9 shall be made by the bend of such board, panel, or office, or his designee. Instead of the Director, Office of Artmtnistntion, and an appeal of an adverse determination shall be made to the Com inton in-stead of the Executtee Director, for Operations.
(b) The Advisory Committee Man-asement Officer shall make the initial detert=ination required by { 9.9 on re-quests for records of advisory co~mit-tees established pursuant to Part 7 of this chapter, including the Advisory
- N-mittee on Reactor Safeguards, or
- requests for waiver or reduction of
- fees for locating and reproducing such
[ records, and an appeal of an adverse
. determination shall be to the Commis-
- sion.
(c) The head of boards, panels, and offices reporting directly to the Com-miston, and the Adnsory Committee Vamarement Officer for advisory com-mittees established pursuant to Pa.:t i of this chapter, will make the initial deterr.ination required by paragraph (a) and (b) of this section orly after consultation with the Office of the
, General Counsel.
?D :GA 9 5b an.rch 23. es79 gnent page as 9 4)
PART C o PUBLIC RECORDS c
\\
l
~
89.16 Anan=11+cport w Congream.
(a) On er before March I of each cal,
cndar year, the Director, C:Ece cf AF m2nistracon, will submit a report cover-ing the Ng calendar yav tc the Speaker of the House of Representatives and President of the Senate for referral to the ap: opf.ste ccmmwas of the' Cong ess. 'Ibe report will include-(1) the number of determinations made by the NRC not to COICply with r?-~
truests fo records made to the NRC tm-d:r this Pa.t and the reasons for each m such dete---*nnten:
4 E
(2) the number of appeals made by
- Perso :s tmder ! 9.11, the results of such
[ cppea:ls, and the ressen for the action e upon each appea2 that results in a denia!
- C1 inforzr_ation:
O) the Dmnes and titles or positions of each person respons!ble for'the denial of records requested under this section.
and the ntnnber of instances of par. r:
'4cipation fc each:
5 (4) the results of each proceedmg con- ?
ducted perssant to S UE.C. 552(a)(4) e o-). incinemt a report of the eiscinn "
D D
qD g1' qa nary am taken aFainst the oSce or $
q d g ;] -(
anplevee who was p:tmarily responsible Wca for 6 % :7 withholding records or an explanatice cf why discipl.tnary action was not ter :
(5) a copy of every rule made by the NRC regarding this Part; (6) a copy of the fee schedule and the total r. mot:st of fees collected by the NRC fer mmmr records avails.ble under this Part; and (7) such otbe-information as indi-cstes eforts to at*-inteter fully the pro-visions of 5 US.C. 552.
(b) A copy of each report to'the Con-gress made pursuant to paragraph ta)
Cf this secue: v'.'.I be made avsflable for public ins. ect$on and copytng in the
_NRC Ptbla: Doccment Roem.
roarch 23.1979 (rewt) 96