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Annual Freedom of Information Act Report Fiscal Year 2003

1. Basic Information Regarding Report

1. Name, title, address, and telephone number of person(s) to be contacted with questions about the report.

Carol Ann Reed
Freedom of Information Act and Privacy Act Officer
Mail Stop T-6 D8
U.S. Nuclear Regulatory Commission
Washington, DC 20555-0001
Telephone: 301-415-7169 Fax: 301-415-5130

2. Electronic address for report on the World Wide Web.

http://www.nrc.gov/reading-rm/foia/foia-privacy.html

3. How to obtain a copy of the report in paper form.

Contact the U.S. Nuclear Regulatory Commission (NRC) Public Document Room (PDR) located at One White Flint North, 11555 Rockville Pike (first floor), Rockville, MD 20852-2738, telephone 301-415-4737 or 1-800-397-4209, e-mail PDR@nrc.gov or by fax at 301-415-3548. The mailing address is U.S. Nuclear Regulatory Commission, Public Document Room, Washington, DC 20555-0001.

2. How to Make a FOIA Request

1. Names, addresses, and telephone numbers of all individual agency components and offices that receive FOIA requests.

Freedom of Information Act and Privacy Act Officer
Mail Stop T-6 D8
U.S. Nuclear Regulatory Commission
Washington, DC 20555-0001
Telephone: 301-415-7169 Fax: 301-415-5130
E-mail: FOIA@nrc.gov

2. Brief description of agency's response-time ranges.

63% within 4 weeks
77% within 6 weeks
84% within 8 weeks

3. Brief description of why some requests are not granted.

To protect privacy (36%)

To prevent compromise of a pending investigation or proceeding (10%)

To protect the agency's pre-decisional deliberative process, attorney-client privilege, or attorney work products (26%)

To protect proprietary information (10%)

3. Definitions of Terms and Acronyms Used in the Report

1. Agency-specific acronyms or other terms.

2. Basic terms, expressed in common terminology.

1. FOIA/PA request -- Freedom of Information Act/Privacy Act request. A FOIA request is generally a request for access to records concerning a third party, an organization, or a particular topic of interest. A Privacy Act request is a request for records concerning oneself; such requests are also treated as FOIA requests. (All requests for access to records, regardless of which law is cited by the requester, are included in this report.)

2. Initial Request -- a request to a Federal agency for access to records under the Freedom of Information Act.

3. Appeal -- a request to a Federal agency asking that it review at a higher administrative level a full denial or partial denial of access to records under the Freedom of Information Act or any other FOIA determination such as a matter pertaining to fees.

4. Processed Request or Appeal -- a request or appeal for which an agency has taken a final action on the request or the appeal in all respects.

5. Multi-track processing -- a system in which simple requests requiring relatively minimal review are placed in one processing track and more voluminous and complex requests are placed in one or more other tracks. Requests in each track are processed on a first-in/first-out basis. A requester who has an urgent need for records may request expedited processing (see below).

6. Expedited processing -- an agency will process a FOIA request on an expedited basis when a requester has shown an exceptional need or urgency for the records that warrants prioritization of his or her request over other requests that were made earlier.

7. Simple request -- a FOIA request that an agency using multi-track processing places in its fastest (nonexpedited) track based on the volume and/or simplicity of records requested.

8. Complex request -- a FOIA request that an agency using multi-track processing places in a slower track based on the volume and/or complexity of records requested.

9. Grant -- an agency decision to disclose all records in full in response to a FOIA request.

10. Partial grant -- an agency decision to disclose a record in part in response to a FOIA request, deleting information determined to be exempt under one or more of the FOIA's exemptions; or a decision to disclose some records in their entireties, but to withhold others in whole or in part.

11. Denial -- an agency decision not to release any part of a record or records in response to a FOIA request because all the information in the requested records is determined by the agency to be exempt under one or more of the FOIA's exemptions or for some procedural reason (such as because no record is located in response to a FOIA request).

12. Time Limits -- the period in the Freedom of Information Act for an agency to respond to a FOIA request (ordinarily 20 working days from proper receipt of a "perfected" FOIA request).

13. "Perfected" request -- a FOIA request for records that adequately describes the records sought, that has been received by the FOIA office of the agency or agency component in possession of the records, and for which there is no remaining question about the payment of applicable fees.

14. Exemption 3 statute -- a separate Federal statute prohibiting the disclosure of a certain type of information and authorizing its withholding under FOIA subsection (b)(3).

15. Median number -- the middle, not average, number. For example, of 3, 7, and 14, the median number is 7.

16. Average number -- the number obtained by dividing the sum of a group of numbers by the quantity of numbers in the group. For example, of 3, 7, and 14, the average number is 8.

4. Exemption 3 Statutes

1. List of Exemption 3 statutes relied on by agency during current fiscal year.

1. Brief description of type(s) of information withheld under each statute.

41 U.S.C. § 253b(m)(1), Contractor Proposals
42 U.S.C. § 2167, Unclassified Safeguards Information
42 U.S.C. § 2161-2165, Restricted or Formerly Restricted Data

2. Statement of whether a court has upheld the use of each statute. If so, then cite example.

41 U.S.C.§ 253b(m)(1) - No
42 U.S.C.§ 2167 - Va. Sunshine Alliance v. NRC, 509 F. Supp. 863 (D.D.C. 1981) aff'd, 669 F.2d 788 (D.C. Cir. 1981)
42 U.S.C. § 2161-2165, Meeropol v. Smith, No. 75-1121 (D.D.C., February 29, 1984), unpublished opinion

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