ML20211E743
| ML20211E743 | |
| Person / Time | |
|---|---|
| Issue date: | 01/02/1987 |
| From: | Stello V NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | John Miller OFFICE OF MANAGEMENT & BUDGET |
| Shared Package | |
| ML20211E729 | List: |
| References | |
| FOIA-87-101 NUDOCS 8702240398 | |
| Download: ML20211E743 (3) | |
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UNITED STATES 3
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./.q, Tim Fm.ral % h e-C, Miller, III Director, Office of Management and Budaet Washington, DC 20503
Dear Mr. Miller:
please find pr.r.losed the response of the U.S. Nuclear Reaulator.v Commission to the questions vou asked in your November 6,1986, rrenorandun regarding the Office of Management and Budget (OMR) Guidance on FOIA fees.
The NRC is Drincipally Concerned that the new statute Could be interpreted to require an aaency to provide, without charge, the first 100 pages even thoua5 all the requested records are publicly available.
The NRC maintains 1.4 nillion agency records in its headquarters public document room. Detailed indexes are published and are available for purchase or review by members of the public.
In 1986, we estinate that for nearly 200 requests, or about 30 percent of 1986 requests, all records responsive to the requests were already in our public document roon, k'e recommend that the guidelines OMB is develop-ing clearly indicate that the automatic search and reproduction fee waiver provisions do not apply to records already in public reading rooms or similar facilities, for which indexes to records are publicly available.
Sincerely,
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Victor Stello,ir.
Executive Director for Operations
Enclosure:
As stated 5
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RESPONSES TO THE OFFICE OF MANAGEMENT AND BUDGET OVEST10NS REGARDING THE EFFECT OF THE NEW STATUTE GOVERNING FEE WA! VERS FOR FREEDOM OF INFORMATION REQUESTS 1.
Project the charges the Aqency is expected to collect in 1986 and determine how the new statute would reduce that total.
NRC regulations at 10 CFR 9.14a(a)(1) stipulate that fees for search will be waived if the effort does not exceed four hours. The new statute will provide for a waiver of only the first two hours of search. As a result, the NRC would have collected additional search fees had the new law been in effect, because search fees could have been collected for those commercial requesters and private requesters whose requests involve more than two hours, but less than four hours of search. We estimate 10 requests fall within this group. That would have resulted in charging for 30 hours3.472222e-4 days <br />0.00833 hours <br />4.960317e-5 weeks <br />1.1415e-5 months <br /> of search time, which at the NRC published professional rate of $12.00 an hour, would result in an additional $360.00 in charges. This would represent a 37 percent increase over the 1986 projected search charges of $960.00.
The NRC, however, does not provide for a waiver of fees for duplication.
A najority of NFC requests are for technical, oolicy, and legal records relating to the regulation of nuclear facilities and nuclear materials. It has been NRC's practice to place such records in the agency's Public Document Room (PDR). Requesters are able to review the records, select those which they desire a copy, and then arrange to obtain copies throuch a private reproduction contractor servicing the Washington Public Document Room, or on reproduction machines at a Local Public Document Room. Requesters not located close to a public document room where their requested documents have been placed may order copies through the private PDR reproduction contractor.
Utilizing this r:ethod, NRC has not had to routinely waive duplication fees for comercial, public interests and media groups who are our principal requesters.
The new lay which provides for the waiver of fees for the first 100 paaes will have a significant effect.
A survey of requests received in 1986 to which NRC has responded indicates that for approximately 400 requests, or 47% of 1986 reouests, NRC would have had to waive fees for reproduction.
This includes approximately 325 requests involving 100 pages or less and 75 involving 101 pages or more. This would result in a waiver of fees for about 23,000 pages, at a cost of $1,150 at the current NRC published rate of $0.05 l
per page. This represents a 31 percent increase over the $3660.00 duplication charges NRC is expected to collect in 1986.
2.
Do you provide documents under a statute other than the FOIA and the Privacy Act that specifically sets the level of fees to be charged.
The NRC does not provide documents under any other statute that sets the level of fees to be charged.
Enclosure
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3.
What does it cost your agency to collect and process a fee?
The most recent study of the cost of billing indicates it cost $8.00 to collect and process a fee.
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