United States Nuclear Regulatory Commission Annual Freedom of Information Act (FOIA) Report: Fiscal Year 2008,,,,,2009, IV. Exemption 3 Statutes,,,,,, ,,,,,, ,,,,,, A. List of Exemption 3 statutes relied on by agency during current fiscal year.,,,,,, ,,,,,, Statute,Type of Information Withheld,Case Citation,Number of Times Relied Upon ,Total Number of Times Relied upon by Agency,, ,,,per Component,,, 41 U.S.C. 253b(m)(1),Contractor Proposals,Y,,1,, ,,,,,, ,,,,,, ,,,Agency Overall,1,, ,,,,,, ,,,,,, "41 U.S.C.253b(m)(1), Hornbostel v. U.S. Department of Interior, 305 F. Supp. 2d 21 (D.D.C. 2003)",,,,,, ,,,,,, V. FOIA Requests,,,,,, ,,,,,, "A. Received, Processed, and Pending FOIA Requests",,,,,, (NRC has no components.),,,,,, ,,,,,, ,,,,,, ,Number of Requests Pending as of Start of Fiscal Year,Number of Requests Received in Fiscal Year,Number of Requests Processed in Fiscal Year,Number of Requests Pending as of End of Fiscal Year,, ,,,,,, ,,,,,, Agency Overall,18,302,297,23,, B. (1) Disposition of FOIA Requests - All Processed Requests,,,,,, ,,,,,,,,,,,,, ,,,,,,,,,,,,, ,Number of Full Grants,Number of Partial Grants/ Partial Denials ,Number of Full Denials Based on Exemptions,Number of Full Denials Based on Reasons Other than Exemptions ,,,,,,,,, , ,,,No Records,All Records Referred to Another Component or Agency,Request Withdrawn,Fee-Related Reason,,Improper FOIA Request for Other Reason, Not Agency Record,Duplicate Request, Other,TOTAL ,,,,,,,,Records not Reasonably Described,,,,*Explain in chart below, AGENCY OVERALL,101,78,19,30,1,22,7,0,2,4,1,32,297 "B. (2) Disposition of FOIA Requests - ""Other"" Reasons for ""Full Denials Based ",,,,,,,,,,,,, " on Reasons Other than Exemptions"" from Section V. B (1) Chart",,,,,,,,,,,,, ,,,,,,,,,,,,, ,,,,,,,,,,,,, Component,Description of “Other” Reasons for Denials from Chart B (1) & Number of Times Those Reasons Were Relied Upon,TOTAL,,,,,,,,,,, ,Lack of Response by requester,1,,,,,,,,,,, ,Neither Confirm Nor Deny,1,,,,,,,,,,, ,No Response to Fees,23,,,,,,,,,,, ,No Response to Identity Verification,7,,,,,,,,,,,, Agency Overall,,32,,,,,,,,,,,, B. (3) Disposition of FOIA Requests - Number of Times Exemptions Applied,,,,,,,,,,,,,, ,,,,,,,,,,,,,, ,Ex.1,Ex.2, Ex. 3,Ex. 4,Ex. 5,Ex. 6,Ex. 7(A),Ex. 7(B),Ex. 7(C),Ex. 7(D),Ex. 7(E),Ex. 7(F),Ex.8,Ex.9 AGENCY OVERALL,1,23,1,19,29,24,14,0,31,1,0,0,0,0 VI. Administrative Appeals of Initial Determinations of FOIA/PA Requests,,,,,,,,,,,,,, ,,,,,,,,,,,,,, "A. Received, Processed, and Pending Administrative Appeals",,,,,,,,,,,,,, ,,,,,,,,,,,,,, Number of Appeals Pending as of Start of Fiscal Year,Number of Appeals Received in Fiscal Year,Number of Appeals Processed in Fiscal Year,Number of Appeals Pending as of End of Fiscal Year,,,,,,,,,,, 0,25,20,5,,,,,,,,,,, B.  Disposition of Administrative Appeals – All Processed Appeals,,,,,,,,,,,,, ,,,,,,,,,,,,, Number Affirmed on Appeal,Number Partially Affirmed & Partially Reversed/Remanded on Appeal,Number Completely Reversed/Remanded on Appeal,Number of Appeals Closed for Other Reasons,TOTAL,,,,,,,,, 6,5,5,4,20,,,,,,,,, C.1. Reasons for Denial on Appeal - Number of Times Exemptions Applied,,,,,,,,,,,,, ,,,,,,,,,,,,, Ex.1,Ex.2,Ex. 3,Ex. 4,Ex. 5,Ex. 6,Ex. 7(A),Ex. 7(B),Ex. 7(C),Ex. 7(D),Ex. 7(E),Ex. 7(F),Ex.8,Ex.9 0,3,0,2,3,2,3,0,2,0,0,0,0,0 C.2 Reasons for Denial on Appeal - Reasons Other than Exemptions,,,,,,,,,,,,, ,,,,,,,,,,,,, ,Records Referred at Initial Request Level,,,,,,,,Appeal Based Solely on Denial of Request for Expedited Processing, No Records,,Request Withdrawn,Fee-Related Reason,Records not Reasonably Described,Improper Request for Other Reasons,Not Agency Record,Duplicate Request or Appeal,Request in Litigation,,Other ,,,,,,,,,,*Explain in chart below ,,,,,,,,,, ,0,1,0,0,0,1,0,0,0,0 1,,,,,,,,,, "C. (3) Reasons for Denial on Appeal - ""Other"" Reasons from Section VI, C (2) Chart",,,,,,,,,, ,,,,,,,,,, Description of “Other” Reasons for Denial on Appeal from Chart C (2) & Number of Times Those Reasons Were Relied upon,TOTAL,,,,,,,,, ,0,,,,,,,,, ,,,,,,,,,, C. (4) Response Time for Administrative Appeals,,,,,,,,,, ,,,,,,,,,,,, Median Number of Days,Average Number of Days,Lowest Number of Days,Highest Number of Days,,,,,,,,, 20,23,2,50,,,,,,,,, C. (5) Ten Oldest Pending Administrative Appeals ,,,,,,,,,,,, ,,,,,,,,,,,, Date of Receipt of Ten Oldest Appeals,0,0,0,0,0,9/28/2009,9/15/2009,9/1/2009,6/8/2009,6/3/2009,, ,,0,,,,,,,,,, Number of Days Pending,0,0,0,0,0,2,11,20,80,83,, VII. FOIA Requests: Response Time for Processed and Pending Requests,,,,,,,,,,,, ,,,,,,,,,,,, A.   Processed Requests – Response Time for All Perfected Requests,,,,,,,,,,,, ,,,,,,,,,,,, ,Simple,,,,Complex,,,,Expedited processing,,,,,,,, ,Median Number of Days,AverageNumber of Days,Lowest Number of Days,Highest Number of Days,Median Number of Days,AverageNumber of Days,Lowest Number of Days,Highest Number of Days,Median Number of Days,AverageNumber of Days,Lowest Number of Days,Highest Number of Days,,,,, AGENCY OVERALL,11,14,< 1,113,43,45,3,156,0,0,0,0,,,,, B.   Processed Requests – Response Time for Perfected Requests Where Information Was Granted ,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,,,, ,Simple,,,,Complex,,,,Expedited PROCESSING,,,,,,,, ,Median Number of Days,AverageNumber of Days,Lowest Number of Days,Highest Number of Days,Median Number of Days,AverageNumber of Days,Lowest Number of Days,Highest Number of Days,Median Number of Days,AverageNumber of Days,Lowest Number of Days,Highest Number of Days,,,,, AGENCY OVERALL,14,17,< 1,113,43,45,3,141,0,0,0,0,,,,, C. Processed Requests - Response Time in Day Increments,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,,,, Simple Requests,,,,,,,,,,,,,,,,, ,< 1 Day,1-20 Days,21-40 Days,41-60 Days,61-80 Days,81-100 Days,101-120 Days,121-140 Days,141-160 Days,161-180 Days,181-200 Days,201-300 Days,301-400 Days,401+ Days,TOTAL ,, AGENCY OVERALL,,203,36,5,3,1,0,1,0,0,0,0,0,0,265,, ,16,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,,,, Complex Requests,,,,,,,,,,,,,,,,, ,1-20 Days,21-40 Days,41-60 Days,61-80 Days,81-100 Days,101-120 Days,121-140 Days,141-160 Days,161-180 Days,181-200 Days,201-300 Days,301-400 Days,401+ Days,TOTAL ,,, AGENCY OVERALL,11,4,8,4,3,0,0,2,0,0,0,0,0,32,,, ,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,,,, Requests Granted Expedited Processing,,,,,,,,,,,,,,,,, ,1-20 Days,21-40 Days,41-60 Days,61-80 Days,81-100 Days,101-120 Days,121-140 Days,141-160 Days,161-180 Days,181-200 Days,201-300 Days,301-400 Days,401+ Days,TOTAL ,,, ,,,,,,,,,,,,,,,,, AGENCY OVERALL,0,0,0,0,0,0,0,0,0,0,0,0,0,0,,, D. Pending Requests - All Pending Perfected Requests,,,,,,,,,,,,,,,,, ,,,,,,,,,, ,Simple,,,Complex,,,Expedited PROCESSING,,, ,Number Pending,Median Number of Days,Average Number of Days,Number Pending,Median Number of Days,Average Number of Days,Number Pending,Median Number of Days,Average Number of Days, AGENCY OVERALL,11,6,7,12,19,31,0,0,0, E.   Pending Requests – Ten Oldest Pending Perfected Requests,,,,,,,,,, ,,,,,,,,,, ,,,,,,,,,, Agency Overall,10th Oldest Request and Number of Days Pending,9th ,8th ,7th ,6th ,5th ,4th ,3rd ,2nd ,Oldest Request and Number of Days Pending ,9/11/2009,9/11/2009,9/9/2009,9/4/2009,9/2/2009,8/4/2009,7/14/2009,6/30/2009,6/16/2009,4/30/2009 ,13,13,15,15,19,26,44,64,74,89 VIII. Requests for Expedited Processing and Requets for Fee Waiver,,,,,,,,,, ,,,,,,,,,, A. Requests for Expedited Processing,,,,, ,,,,, ,,,Median Number of Days to Adjudicate,Average Number of Days to Adjudicate,Number Adjudicated Within Ten Calendar Days ,Number Granted,Number Denied,,, AGENCY OVERALL,0,9,< 1,< 1,9 B. Requests for Fee Waiver,,,,, ,,,,, ,,,Median Number of Days to Adjudicate,Average Number of Days to Adjudicate, ,Number Granted,Number Denied,,, AGENCY OVERALL,45,6,< 1,< 1, IX. FOIA Personnel and Costs,,,,, ,,,,, ,PERSONNEL,,,Costs ,, ,,,,,, ,Number of “Full-Time FOIA Employees”,Number of “Equivalent Full-Time FOIA Employees”,Total Number of “Full-Time FOIA Staff”,Processing Costs,Litigation-Related Costs,Total Costs ,,,,(At initial request and appeal levels),, AGENCY OVERALL,7,2,9,"$1,124,486 ",0,"$1,124,486 " X.  Fees Collected for Processing Requests,,,,,, ,,,,,, ,Total Amount of Fees Collected,Percentage of Total Costs,,,, AGENCY OVERALL,"$3,635 ",0.003%,,,, "XII. Backlogs, Consultations, and Comparisons",,,,,, ,,,,,, A. Backlogs of FOIA Requests and Administrative Appeals,,,,,, ,,,,,,,,,, ,Number of Backlogged Requests as of End of Fiscal Year,Number of Backlogged Appeals as of End of Fiscal Year,,,,,,,, AGENCY OVERALL,5,3,,,,,,,, "B.   Consultations on FOIA Requests – Received, Processed, and Pending Consultations",,,,,,,,,, ,,,,,,,,,, ,Number of Consultations Received from Other Agencies that Were Pending at Your Agency as of Start of the Fiscal Year,Number of Consultations Received from Other Agencies During the Fiscal Year,Number of Consultations Received from Other Agencies that Were Processed by Your Agency During the Fiscal Year,Number of Consultations Received from Other Agencies that Were Pending at Your Agency as of End of the Fiscal Year ,,,,,, AGENCY OVERALL,0,3,3,0,,,,,, C. Consultations on FOIA Requests - Ten Oldest Consultations Received from Other Agencies and Pending at Your Agency,,,,,,,,,, ,,,,,,,,,, Agency Overall,10th Oldest Consultation and Number of Days Pending,9th ,8th ,7th ,6th ,5th ,4th ,3rd ,2nd ,Oldest Consultation and Number of Days Pending ,Date,,,,,,,,, ,Number of Days,,,,,,,,, ,,0,0,0,0,0,0,0,0,0 "D. Comparison of Numbers of Requests from Previous and Current Annual Reports - Request Received, Processed, and Backlogged",,,,,,,,,, ,,,,,,,,,, ,NUMBER OF REQUESTS RECEIVED,,NUMBER OF REQUESTS PROCESSED ,,,,,,, ,Number Received During Fiscal Year from Last Year’s Annual Report,Number Received During Fiscal Year from Current Annual Report,Number Processed During Fiscal Year from Last Year’s Annual Report,Number Processed During Fiscal Year from Current Annual Report,,,,,, AGENCY OVERALL,344,302,360,297,,,,,, ,,,,,,,,,, ,Number of Backlogged Requests as of End of the Fiscal Year from Previous Annual Report,Number of Backlogged Requests as of End of the Fiscal Year from Current Annual Report,,,,,,,, ,6,5,,,,,,,, AGENCY OVERALL,,,,,,,,,, E. Comparison of Numbers of Administrative Appeals from Previous and,,,,,,,,,, " Current Annual Reports - Appeals Received, Proessed, and Backlogged",,,,,,,,,, ,,,, ,NUMBER OF APPEALS RECEIVED,,NUMBER OF APPEALS PROCESSED, ,Number Received During Fiscal Year from Last Year’s Annual Report,Number Received During Fiscal Year from Current Annual Report,Number Processed During Fiscal Year from Last Year’s Annual Report,Number Processed During Fiscal Year from Current Annual Report ,9,25,9,20 AGENCY OVERALL,,,, ,,,, ,,,, ,Number of Backlogged Appeals as of End of the Fiscal Year from Previous Annual Report,Number of Backlogged Appeals as of End of the Fiscal Year from Current Annual Report,, ,0,3,, AGENCY OVERALL,,,,