ML20199C825

Forwards NRC Rept on Administration of FOIA for First Three Quarters of 1997,per Public Law 93-502 of 741121

ML20199C825
Person / Time
Issue date:	01/15/1998
From:	Shirley Ann Jackson, The Chairman NRC COMMISSION (OCM)
To:	Gingrich N, Gore A HOUSE OF REP., SPEAKER OF THE HOUSE, SENATE, PRESIDENT OF THE SENATE
References
NUDOCS 9801300102
Download: ML20199C825 (10)

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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 administration of the Freedom of Information Act for the first three quarters of calendar year 1997. This report is submitted in accordance with Put'lic Law 93-502 of November T.1,1974 (5 U.S.C. 552(e)).

Sincerely, Shirley Ann Jackson

Enclosure:

FOIA Report I(

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% ,,,,, # January 15, 1998 CHAMMAN The Honorable Newt Gingrich Speaker of the United States House of Representatives Washington, D.C. 20515

Dear Mr. Speaker:

I am enclosing the U.S. Nuclear Regulatory Commission's report on the administration of the Freedom of Information Act for the first three quarters of calendar year 1997. 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

4 REPORT BY THE NUCLEAR REGULATORY COMMISSION ON THE ADMINISTRATION OF THE FREEDOM OF INFORMATION ACT FOR 1997

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

During the first three quarters of calendar year (CY) 1997,118 requests involvol denial determinations.

(b) Authority relied upon tor each such determination:

(1) Exemptions in Number of Times 5 U.S.C. SE21hl invoked 1 2 2 5 3 5 4 13 5 35

. 6 50 7A 27 7B 0 7C 35 7D 1  ;

7E O 7F 0 8 0 9 0 (2) Sta'utes invoked pursuant to Exemption 3:

Number of Times Statutory Citation invoked 42 U.S.c. 2167 3 (Uncit.ssified Safeguards Information) 42 U.S.C. 2161-2165 0 (Restricted or Formerly Restricted Data) 41 U.S.C. 253b(m)(1) 2 (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):

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

None (2) Number of appeals in which, upon review, the request was denied in full:

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

One (4) Number of appeals in which, upon review, the request was neither denied nor granted:

One'

' This appeal challenged the completeness of NRC's response to the initial request. The NRC reaffirmed its initial determination as, upon review, no additional records were located.

9 3-(b) Authority relied upon for total or partial denials on appeal:

(1) Exemptions in Number of Times 5 U.S.C. 552(h) Invoked 1 1 2 0 3 0 4 1 5 1 6 0 7A 2-7B O 7C 0 7D 0 7E O 7F 0 8 0 9 0

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 Particioation

1. A. B. Beach, Regional 12 Administrator, Region 111

2. Paul E. Bird, Director 2 Office of Human Resources

3. Stephen G. Burns, Associate 9 General Counsel for Hearings, Enforcement and Administration Office of the General Counsel

4. Leonard J. Callan, Regional 2 Administrator, Region IV

4 Number of Instances Name of Particioation .

5. Guy P. Caputo, Director 27 Office of Investigations

6. James E. Childs, Assistant inspector General 11 for Investigationa Cdice of the Inspector General

7. Samuel J. Collins, Director 9 Office of Nuclear Reactor Regulation

8. Gerald F. Cranford, Director 2 Office of Information and Resources Management

9. James E. Dyer, Acting Regional Administrator 2 Region IV

10. Jesse L. Funches 1 Chief Financial Officer

11. Timothy F. Hagan, Director 4 Division of Contracts and Property Management Office of Administration

12. Edward L. Halman, Director 2 Office of Administration

13. Sandra M. Joosten, Executive Assistant 9 Office of the Secretary of the Commission

14. Edward L. Jordan, Deputy Executive Director 1 for Regulatory, Effectiveness, Program Oversight, Investigations and Enforcement

15. Arnold E. Levin, Acting Director 2 Office of Information Resources Management Office of the Chief Information Officer

16. James Lieberman, Director 11 Office of Enforcement

Number of instances Name of Particination

17. Irene P. Little, Director 1 Office of Small Business and Civil Rights

18. Ellis W. Muschoff, Regional Administrator 4 Region IV

19. Hubert J. Miller, Regional 11 Administrator, Region i

20. Frank J. Miraglia, Jr., Acting Director 1 Office of Nuclear Reactor Regulation

21. Dr. David L. Morrison, Director 2 Office of Nuclear Regulatory Research

22. William J. Olmstead, Associate General 2 for Licensing and Regulation Office of the General Counsel

23. Carl J. Paperiello, Director 11 Office of Nuclear Material Safety and Safeguards

24. Russell A. Powell, Chief 92 Freedom of Information Act/

Local Public Document Room Branch

25. Dennis K. Rathbun, Director 3 Office of Congressional Affairs

26. Luis J. Reyes, Regional Administrator . 6 Region IV

27. Denwood F. Ross, Director 2 Office of Analysis and Evaluation of Operational Data i

l

s Number of instsnces Name nf Particination

28. Carlton R. Stoiber, Director 2 Office of International Programs

29. Ashok C. Thadani, Acting Director 2 Office of Nuclear Regulatory Research

30. Hugh L. Thompson, Acting 5 Executive Director for Operations

31. Annette Vietti-Cook, Assistant Secretary 4 Office of the Secretary of the Commission

32. Robert A. Watkins, Acting Assistant 13 Inspector General for investigations Office of the inspe: tor 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 Particination

1. John C. Hoyle, Secretary 1

2. Edward L. Jordan, Deputy Executive Directo for Regulatory Effectiveness 1

3. Patricia G. Norry, Deputy Executiva Director for Management Services 4

4. Ashok C. Thadani, Acting Deputy Executive Director for Regulatory Effectiveness 1

4. The results of each proceeding conducted pursuant to 5 U.S.C. 552 fo)(4)(F),

including a report of disciplinary action taken against the officer or ernployee 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 thrc sgh 9.43. The total amount of fees collected during the first 3 quarte,rs 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, 1

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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