ML20212P520
| ML20212P520 | |
| 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 8703160139 | |
| Download: ML20212P520 (7) | |
Text
, _.
' ' *f
- p, UNITED STATES j
NUCLEAR REGULATORY COMMISSION g
WASMNG TON. D. C. 20555 Distribution:
\\ ss f
!! arch 10, 1987 ED0 r/f CHA AN VStello ESchonaker PNorry PBird LLRobinson MJPool DRR Subj The Honorable George 4. W. Bush President of the United States Senate Washington, D. C.
20510
Dear Mr. President:
I am enclosing a reoort 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 ?, 1974, (5 U.S.C. 552(d)).
Sincerely, W.
Lando H.
' ch,
Enclosure:
FOIA Report Identical Ltr Sent To: The Honorable Jim Wright Speaker of the United States House of Representatives Washington, DC 20515 Originated by: ADH: Pool 8703160139 870310 PDR COMMS P4tCC CORRESPONDENCE PDR
o o
REPORT BY THE NUCLEAR REGULATORY COMMISSION ON THE ADMINISTRATION OF THE FREEDOM OF 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 reited upon for each such determination:
(1) Exemptionsin5U.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 70 34 7E 2
7F 0
8 0
9 0
(2) Statutes liivoked pursuant to Exemption 3:
Statutory Citation Number of Times invokea i
42 U.S.C. 2161-2165 2
i 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:
7 1
2 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):
Exemstions invoked
()y number)
Number of Times invoked 1
1 2
9 3
1 4
2 5
72 6
32 7A 28 78 0
7C 10 1
70 17 7E O
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 i
appeals were closed and considered " granted" upon NRC's responses to the requests.
i 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 j
its initial determinations. Also, these include one appeal for which the requester agreed to accept the releasable portions only of the denied records.
i
- These include one appeal the hRC denied for untimely filing. These also include one appeal of the hRC's " constructive denial of a request". The NRC l
informed the requester that the appeal was denied since the agency provided a j
partial response to his request and did not deny any records in full or part.
i l
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 dental of records requested, and number of instances 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 3
4 Edward L. Halman, Director 2
Division of Contracts Office of Administration 5.
James A. Fitzgerald 14 Assistant General Counsel for Aojudications and Opinions 6.
C. Sebastian Alcot 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
4 Number of Instances Name_
of Participation
- 10. George A. Mulley, Jr., Assistant Director 2
for Investigations, Office of Inspector and Auditor
- 11. Keith G. Logan, Assistant Director for 1
Investigations, Office of Inspector and Auditor
- 12. Mark E. Resner, Acting Assistant Director for 4
Investigations. Office of Inspector and Auditor
- 13. John E. Zerbe, Director 1
Office of Policy Evaluation
- 14. Ben B. Hayes, Director 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, !!!
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 Setety and Safeguards
- 22. Harold R. Denton, Director 23 Office of Nuclear Reactor Regulation
- 23. Eric S. Beckjord, Director 1
Office of Nuclear Regulatory Research
- 24. Robert B. Minogue, Director 13 Office of Nuclear Regulatory Research
.=
i 4
5 Number of Instances Name of Participation
- 25. James M. Taylor, Director 33 Office of Inspection and Enforcement l
- 26. Thomas E. Murley, Regional Administrator 17 Region 1 27.
J. Nelson Grace, Regional Administrator 12 Region 11
- 28. James G. Keppler, Regional Administrator 19 Region III
- 29. Robert D. Martin, Regional Administrator 23 Region IV (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 4
1.
Lando W. Zech, Chainnan, NRC 32 2.
Nunzio J. Pelladino, Chairman, NRC 2
3.
Thomas M. Roberts, Comissioner, NRC 32 l
4.
Janies K. Asselstine, Comissioner, NRC 32 5.
Frederick M. Bernthal, Comissioner, NRC 32 6.
Kenneth M. Carr, Comissioner, NRC 29 i
7.
Samuel J. Chilk, Secretary of the 36*
i Comission 8.
Victor Stello, Jr., Executive Director for 34 Operations
- The authority to deny in its entirety an appeal to the Commission was delegated to the Secretary uf the Comission, 50 Fed. Reg. 27214 l
l l
~.. -.
m.
.c s
6 (c)
In 1986, the NRC cited the following officials of other Federal agencies as denying officials for information originated by the agencies and contained in records subject to three F0IA requests submitted to the NRC:
Agency Official FOIA Exemption Department of Justice Mr. L. Jeffrey Ross, Chief 5
Freeoom of Information/ Privacy Acts Unit, Office of Enforcement Operations Criminal Division Department of Justice Department of Justice 7C Department 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 the officer or employee who was primarily responsible for improperly withholding records, or an explanation of why disciplinary action upsi not taken.
Response: There have been no findings of arbitrary or capricion conduct on the part of NRC personnel nor proceedings conductea prr,uant to 5 U.S.C.
552(a)(4)(F).
5.
A copy of every rule made by the agency regerding 5 U.S.C. 552.
l Response: The hRC regulations implementing the Freedom of Inforcation Act are codified in Subpart A cf 10 CFR Part 9, a copy of which is enclosed.
b 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 fet schedule is set forth in 10 CFR 9.14. The total amount of fees collected by the NRC for making records available under 5 U.S.C. 552 was $4,666.31, which includes $468.00 search fees and
$3,698.31 for the reproduction of records.
During the past year, approximatley 3.1 million copies of pages were made of records locateo in NRC's Public Document Room in Washington, DC. The NRC has entered into a no-cost-to-the-government contract mth a private firm to reproouce, for the public, copies of: records locateo 6t the Public Document Room.
During 1986, approxiriately $165,000 wa:: received by the contractor for the reproduction of paper copy and microfiche.
t
_