ML20151T122
| ML20151T122 | |
| Person / Time | |
|---|---|
| Issue date: | 08/13/1998 |
| From: | Hoyle J NRC OFFICE OF THE SECRETARY (SECY) |
| To: | Del Core D AFFILIATION NOT ASSIGNED |
| Shared Package | |
| ML20151T116 | List: |
| References | |
| FOIA-CO98-A-14, FOIA-CO98-A-15, FOIA-COR98-231 NUDOCS 9809090249 | |
| Download: ML20151T122 (2) | |
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g .g NUCLEAR REGULATORY COMMISSION l o 'f WASHINGTON, D C. 205554X)1
%, f August 33,1998 1
i l Donald W. Del Core Sr, IN RESPONSE REFER l 4 Driscoll Drive TO FOIA-98-015A Uncasville, CT 06382-1808 FO!A- (98-231) 4
Dear Mr. Del Core:
This responds to your letter of June 16,1998, in which you appealed a June 10,1998 denial by Mr. Russell Powell of your request for a fee waiver for records requested in your Freedom of information Act (FOIA) request dated June 5,1998. Your June 5,1998 FOIA submittal requested copies of letters sent by Mr. Blanch and NU managers to NRC Commissioners.
This is to inform you that, pursuant to 10 C.F.R. S 9.29 (c)(2) (1998), I hereby sustain the decision to deny your fee waiver request because your June 5,1998 request does not address the requirements of 10 C.F.R. @ 9.41 (b) (1998) regarding requests for waiver or reduction of fees.
In your June 5,1998 letter, you note that you have filed a previous fee waiver request and that you expect the waiver to continue. First, your previous fee waiver request (FOIA Request 98-012A) was for the Millstone Nuclear Power Station Operational Safety Team inspection ;
(OSTI) records, which I denied on August 3,1998 (encic ,ed)'. Accordingly, since the previous fee waiver was denied, there is no fee waiver "to continue." Second, since requests for fee waivers are considered on a case-by-case basis; the agency must evaluate each fee waiver request separately. Sme, Lono v. Bureau of Alcohol. Tobacco and Firearms. et. al.,964 F.
Supp. 494 (D.D.C. May 21,1997); National Security Archive v. DOD, 880 F. 2d 1381,1383 (D.C. Cir.1989). Moreover, NRC regulations make clear that " ggt request for a waiver" must be filed with the agency's FOIA office with supporting documentation. 10 C F.R. 9 9.41 (a)(2),
(b) (1998).
Your June 5,1998 FOlA request for letters sent to NRC Commissioners constitutes a completely separate FOIA request from your Apnl 30,1998 request for OSTI records.
Accordingly, based upon the above considerations, your appeal is denied and the estimated ;
' At this time, I would like to clanfy one point related to my August 3,1998 denial of your fee waiver request related to OSTI records. Although I correctly noted that your July 6, 1998 appealletter failed to identify the groups to which you intend to release the requested OSTI related information, I inadvertently omitted that your May 18,1998 letter identifies the following organizations: Citizens Regulatory Commission, Citizens Awareness Network, Don't Waste Connecticut, and the Green Party. This omission does not cause us to change our August 3,1998 decision to deny your fee waiver because your correspondence neither identifies the public access broadcasting groups you refer to, nor provides evidence that public l access television stations or organizations are committed to either broadcasting or otherwise l facilitating wide dissemination of the information you seek.
l 9909090249 980831 PDR FOIA DEL C098-A-14 PDR m
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charge for fees for the search and duplication of records totals $199.35 (estimated fee schedule enclosed). This decision is a final agency action pursuant to 10 C.F.R. 9.29 (c)(3) l (1998). Judicial review of this decision is available in the United States District Court for the l judicial district in which you reside or have your principal place of business or in the District of Columbia.
Sincerely,
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, John C. Hoylv
/ Secretary of the Commission
Enclosures:
- 1. Letter dated August 3,1998
- 2. Estimated fee schedule I
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