ML20137C178

Forwards Us NRC Rept on Administration of FOIA for Yr 1996. This Rept Submitted in Accordance W/Public Law 93-502 of 741121 (5 Usc 552(e))

ML20137C178
Person / Time
Issue date:	03/13/1997
From:	Shirley Ann Jackson, The Chairman NRC COMMISSION (OCM)
To:	Gingrich N, Gore A HOUSE OF REP., SENATE
References
NUDOCS 9703240171
Download: ML20137C178 (10)

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UNITED STATES

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" r.er NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001

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1. March 13, 1997

%g .....j CHAIRMAN l

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The Honorable Albert Gore, Jr.

President of the United States Senate Washington, D.C. 20510 ,

Dear Mr. President:

I am enclosing the U.S. Nuclear Regulatory Commission's report on the  ;

3 administration of the Freedom of Information Act for the calendar year 1996. This i

report is submitted in accordance with Public Law 93-502 of November 21,1974 -

(5 U.S.C. 552(e)).

Sincerely, ,

Shirley Ann Jackson

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Enclosure:

, FOlA Report i  !

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March 13, 1997

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CHA!RMAN i

The Honorabla Newt Gingrich  ;

Speaker of the United States i House of Representatives  !

Washington, D.C. 20515 i

Dear Mr. Speaker:

l I am enclosing the U.S. Nuclear Regulatory Commission's report on the i

administration of the Freedom of Information Act for the calendar year 1996. This  ;

report is submitted in accordance with Public Law 93-502 of November 21,1974

-(5 U.S.C. 552(e)).

Sincerely, .

b Shirley Ann Jackson

Enclosure:

FOIA Report i

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'l 6 REPORT BY THE NUCLEAR REGULATORY COMMISSION ON THE ADMINISTRATION OF THE FREEDOM OF INFORMATION ACT FOR 1996

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 1996:

During calendar year (CY) 1996,189 requests involved denial determinations.

(b) Authority relied upon for each such determination:

(1) Exemptions in Number of Times 5 U.S.C. 552(b) Invoked 1 2 2 2 3 9 4 21 5 38 6 58 7A 51 7B O 7C 69 7D 1 7E 2 7F 0 8 0 9 0 (2) Statutes invoked pursuan. to Exemption 3:

Number of Times Statutory Citation invoked 42 U.S.C. 2167 4 (Unclassified Safeguards Information) 42 U.S.C. 2161-2165 2 (Restricted or Formerly Restricted Data) 41 U.S.C. 253b(m)(1) 3 (Contractor Proposals)

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

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

Five l l

(2) Number.of appeals in which, upon review, the request was  !

denied in full i

One l (3) Number of appeals in which, upon review, the request was denied in part: j Six .

(4) Number of appeals in which, upon review, the request was ,

neither denied or granted:

Four'

• 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.

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

(1) Exemptions in Number of Times 5 U.S.C. 552(b) Invoked 1 0 i 2 0

,' 3 0  ;

4 0 l 5 3  ;

6 0 7A 3 l 7B O l

'7C 1 7D 0 l I

7E O 7F 0 2

8 0 4 9 0 l

3. (a) 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:

Number of Instances Name of Participation 4 1. Richard L. Bangart, Director 1 Office of State Programs

2. A. B. Beach, Regional 5 l Administrator, Region 111 l

3. William M. Beecher, Director 2 Office of Public Affairs

4. Paul E. Bird, Director 5 Office of Personnel

5. Stephen G. Burns, Associate 15 General Counsel for Hearings, Enforcement and Administration Office of the General Counsel

J Number of instances Name of Participation

6. Leonard J. Callan, Regional 5 Administrator, Region IV

7. Guy P. Caputo, Director 56 Office of Investigations

8. Steward D. Ebneter, Regional 21 Administrator, Region 11

9. Edward L. Halman, Director 5 Division of Contracts Office of Administration i i

10. Sandra M. Joosten, Executive Assistant 11 Office of the Secretary of the Commission

11. Edward L. Jordan, Director 2  !

Office for Analysis and Evaluation of Operational Data

12. Carlton C. Kammerer, Director 9 I Division of Freedom of Information and Publications Services '

Office of Administration

13. James Lieberman, Director 19 Office of Enforcement

14. Thomas T. Martin, Regional 9 Administrator, Region I

15. David L. Meyer, Acting Director 1 Division of Freedom of Information and Publications Services Office of Administration i

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Number of instances Name of Participation

16. James L. Milhoan, Deputy Executive 1 )

Director for Nuclear Reactor Regulation, Regional Operations and Research Office of the Executive Director l for Operations  !

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17. Hubert J. Miller, Regional 7 Administrator, Region i

18. Hubert J. Miller, Regional 4 I Administrator, Region lli i

19. Frank J. Miraglia, Jr., Acting Director 8 i Office of Nuclear Reactor Regulation

20. Dr. David L. Morrison, Director 1 Office of Nuclear Regulatory Research

21. Patricia G. Norry, Director 6 ,

Office of Administration ,

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22. J. Kevin O'Brien, Chief 1 I Freedom of Information/ Privacy Acts Section Information Resources Division i Federal Bureau of Investigation j 23. William J. Olmstead, Associate General Counsel 2 i for Licensing and Regulation I Office of the General Counsel

24. Carl J. Paperiello, Director 11 l Office of Nuclear Material Safety and Safeguards 4

25. Russell A. Powell, Chief 134  !

3 FOIA/LPDR Branch Division of Freedom of Information and Publications Services i

Office of Administration  !

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Number of instances Name of Participation

26. Dennis K. Rathbun, Director 2 Office of Congressional Affairs

27. William T. Russell, Director 10 Office of Nuclear Reactor Regulation

28. Ronald M. Scroggins, Controller 4 Office of the Controller

29. Carlton R. Stoiber, Director 1 Office of International Programs

30. James M. Taylor 9 Executive Director for Operations

31. Robert A. Watkins, Acting Assistant 44 Inspector General for Investigations Office of the Inspector General (b) 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:

Number of instances Name of Participation

1. Hubert T. Bell, inspector General 1

2. Leo J. Norton, Acting Inspector General 1

3. Hugh L. Thompson, Deputy Executive 5 Director for Nuclear Material Safety, Safeguards, and Operations Support

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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 rulee regarding 5 U.S.C. 552 in 1996.

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 in CY 1996 by the NRC for making records available under 5 U.S.C. 552 was $24,019, which includes

$17,104 in search and review fees and $6,915 for the reproduction of records.

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

During CY 1996, the NRC completed 540 Freedom of Information Act l (FOIA) requests and 16 appeals. The estimated cost for the NRC to process the 540 FOIA requests was $1,134,375.

Copies of FOIA requests and the records disclosed as a result of such j requests that relate to NRC's regulatory programs are normally placed in l 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 new documents each day on virtually every aspect of NRC's regulatory program for public inspection and copying in the PDR. This extensive voluntary document release program has resulted in more than 2.3 million documents being made available in the PDR and serves about 1,048 requesters per month. The public is aided, on site and off site, in searching for and finding documents by the PDR staff of professional 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 89 Local l

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Public Document Rooms (LPDRs) located throughout the country. Of these LPDRs,77 also maintain microfiche collections, each of which contains over 1.5 million records made public by the NRC since 1981.

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