ML20207T258

Forwards Rept on Administration of FOIA by NRC for CY86,per Public Law 93-502

ML20207T258
Person / Time
Issue date:	03/10/1987
From:	Zech L NRC COMMISSION (OCM)
To:	Bush G, Jason Wright HOUSE OF REP., SPEAKER OF THE HOUSE, SENATE, PRESIDENT OF THE SENATE
References
NUDOCS 8703230361
Download: ML20207T258 (9)

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CHAIRMAN' March 10, 1987 The Honorable George H. W. Bush President of the United States Senate Washington, D. C. 20510

Dear Mr. President:

I am enclosing a report on the administration of.the Freedom of Information Act by the Nuclear Regulatory Commission for calendar year 1986. This report is in accordance with Public Law 93-502 of November 2, 1974, (5 U.S.C. 552(d)).

Sincerely, (N. .

Lando W. ch, .

Enclosure:

FOIA Report B703230361 870310 PDR COMMS NRCC CORRESPONDENCE PDR

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CHAIRMAN March 10, 1987 The Honorable Jim Pright Speaker of the United States-House of Representatives Washignton, D._C. 20515

Dear Mr. Speaker:

I am enclosing a report on the administration of the Freedom of Information Act by the Nuclear Regulatory Commission for calendar year 1986.- This report is in accordance with Public Law 93-502 of November 2, 1974, (5.U.S.C. 552(d)).

Sincerely, O Lv. I s.

Lando W. Z h, .

Enclosure:

F0TA Report

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7 REPORT BY THE NUCLEAR REGULATORY COMMISSION ON THE ADMINISTRATION OF THE FhEEDOM 0F INFORMATION ACT FOR 1986

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 1986:

246 (b) Authority relied upon for each such determination:

(1) Excmptionsin5U.S.C.552(b):

Exemptions Invoked (by number) Number of Times invoked 1 16 2 13 3 8 4 42 5 125 6 96 7A 63 78 0 7C 42 7D 34 7E 2 7F 0 8 0 9 0 (2) St4tutes invoked pursuant to Exemption 3:

Statutory Citation Number of Times invoked i 42 U.S.C. 2161-2165 2 42 U.S.C. 2167 3 50 U.S.C. 403 1 50 U.S.C. 403g 1 50 U.S.C. 421 1 (3) The number of requests for which the NRC cited the Government in the Sunshine Act to withhold transcripts of closed Comission meetings:

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2. (a) Total number of appeals made by persons from adverse initial decisionspursuantto5U.S.C.552(a)(6):

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

105*

(2) Number of appeals in which, upon review, the request was denied in full:

48**

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

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

(1) Exemptions in 5 U.S.C. 552(b):

Exemptions invoked (by number) Number of Times invoked 1 1 2 9 3 1 4 2 5 72 6 32 7A 28 7B 0 7C 10 7D 17 7E 0 7F 0 8 0 9 0

• These appeals include 89 appeals where the requesters appealed the failure of the agency to respond within the 10-day response period. The files on these appeals were closed and considered " granted" upon NRC's responses to the requists.

These also include two appeals which were withdrawn; one appeal in which the NRC granted a fee waiver; and four appeals challenging the completeness of NRC's responses to the requests for which, upon further evaluation, the NRC reaffirmed its initial determinations. Also, these include one appeal for which the requester agreed to accept the releasable portions only of the denied records.

• • These include one appeal the NRC denied for untimely filing. These also include one appeal of the NRC's " constructive denial of a request". The NRC informed the requester that the appeal was denied since the agency provided a partial response to his request and did not deny any records in full or part.

3 (2) Statutes invoked pursuant to Exemption 3:

Statutory Citation Number of Times Invoked 42 U.S.C. 2161-2165 1 (3) The number of appeals for which the NRC cited the Government in the Sunshine to withhold transcripts of closed Commission meetings:

1

3. (a) Name and title or position of each person who is responsible for the initial denial of records requested, and number of ir. stances of participation of each:

Number of Instances Name of Participation

1. Patricia G. Norry, Director 1 Office of Administration

2. Donnie H. Grimsley, Director 148 Division of Rules & Records Office of Administration

3. Raymond J. Brady, Director 6 Division of Secuirty Office of Administration 4 Edward L. Halman, Director 2 Division of Contracts Office of Administration

5. James A. Fitzgerald 14 Assistant General Counsel for Adjudications

, and Opinions

6. C. Sebastian Aloot 7 Office of the General Counsel

7. John C. Hoyle 58 Assistant Secretary of the Comission

6. Sharon R. Connelly, Director 15 Office of Inspector and Auditor

9. Gary J. Edles, Acting Director 3 Office of Inspector and Auditor

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, Number of Instances '

Name s of--Participation  ;

10. George A. Mulley, Jr., A:sistant Director 2 -

for Investigations, Office of Inspector and Auditor ~

11. Keith G. Logan, Assistant Director for 1 Investigations, Office of Ir.spector and Auditor 7

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12. Mark E. Resner, Acting Assistant Director for 4 Investigations, Office of Inspector .:nd ~,.

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13. John E. Zerbe~, Director I 1 Office of Policy Evaluation

14. Ben B. Hayes, Directoe 55 Office of Investigation ,

15. Victor Stello, Jr., 13 ,

Executive Director for Operations

16. Jack W.' Roe, Deputy Executive Director for 1 Operations

17. James H. Sniezek, Deputy Executive Director 1 for Regional Operations and Generic Requirements ,

18. Guy H. Cunningham, III 13 Executive Legal Director

19. James P. Murray, Deputy General Counsel 2

20. James R. Shea, Director 5 Office of International Programs '

21. John G. Davis, Director 18 Office of Nuclear Material Safety and Safeguards

22. Harold R. Denton, Director s 23 Office of Nuclear Reactor Regulation

23. Eric S. Beckjord, Director 1 Office of Nuclear Regulatcry Research

24. Robert B. Minogue, Director 13 Office of Nuclear Regulatory Research

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.- Number of Instances

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psme of Participation

251 James M. Taylor.-Director .

33 Office of Inspection and Enforcement.

20. ihomas E.-Murley, Regional Aininistrator 17

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27. J. Nelson Grace, Regional Administrator 12 Region II' '

28. James G. Keppler, Regional Administrator 19 i ,

Region III

29. Robert D. Martin, Regional Administrator 23

Region IV

, 'f ' (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'o'f participation of each:

t-Number of Instances X  ! of Participation Name

[ 1. . Lando W. Zech, Chairman,-NRC 32

'2. Nunzio J. Palladino, Chairman, NRC 2

3. Thomas'M. Roberts, Commissioner, NRC 32 4 .- Janies,K. Asselstine, Commissioner, NRC 32

5. Jrederif.k,M. Bernthal, Comissioner, NRC . 32 j~ '

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t 6e . Kenneth M. Carr, Comissioner, NRC 29 1 '

7. Samuel ~J. Chilk, Secretary of the 36*

Comission

! 8. Victor Stello, Jr., Executive Director for 34 Operations p t.

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• The authority to deny ,in its entirety an appeal to the Commission was delegated to the Secretary of the Cyaission, 50 Fed. Reg. 27214.

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6 1 iI (c) In 1986,; the NRC cited the following officials of other Federal agencies as denying officials for infomation originated by the

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agencies. and contained in records subject to three FOIA requests subinitted to the NRC::j

'Igency Official F0IA Exemption Department of Justice Mr. L. Jeffrey.Ross, Chief 5 Freeoom of Information/ Privacy Acts

Y~ow Unit, Office of Enforcement Operations j Criminal Division Department of Justice Department of Justice 7C Departmentf of Energy F. Charles Gilbert, Director 3 Office of Classification

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 m ' the officer or e.=iployee who was primarily responsible for improperly

,3 withholding records, or an explanation of why disciplinary action was not taken.

is .j Resp'onse: There have been no findings of arbitrary or capricious conduct on the part of NRC personnel ror 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.

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Response: The NRC 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 number of fees collected by the agency for making records available under 5 U.S.C. 552.

Response: The NRC fee schedule is set forth in 10 CFR 9.14. The total amount of fees collected by' the NRC tor making records available under y

e 5 U.S.C. 552 was $4,666.31, which includes $968.00 search fees and

$3,698.31 for the reproduction of records.

y During the past year, approximatley 3.1 million copies of pages were made of records located in NRC's Public Document Room in Washington, DC. The NRC has entered into a no-cost-to-thergovernment contract with a private firm to raproouce, for the public, copies of records locateo at the Public Document Room.~ During 1986, approximately $165,000 was received by the t

contracton{for the reproduction of paper copy and microfiche.

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7 71Such other information as indicates effort to administer fully 5 U.S.C.

'552.

Response: During 1986, the NRC received 898 F0IA requests and 238 appeals.

.- jcopies of FOIA requests and the records disclosed as a result of such li' ' requests are normally placed in the NRC Public Document Room. In addition to providing general public access to material released under the Freedom of Information Act, the NRC routinely-releases for public inspection and copying in its document rooms, an average of over 275 new documents each day on virtually every aspect of NRC's regulatory program. This extensive voluntary document release program has resulted in more than 1.5 million documents being made available in the Commission's Public Document Room in Washington, DC. Additionally, the NRC maintains extensive document collections relating to individual nuclear power facilities in 92 Local Public Document Rooms located throughout the country.

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