FEDERAL ENERGY REGULATORY COMMISSION

ANNUAL FREEDOM OF INFORMATION ACT REPORT

FY 1998

I. Basic Information Regarding the Report

A. Contact with questions about the report.

Heide Sanford

FOIA Liaison

Federal Energy Regulatory Commission

888 First Street, NE, Code EA-20

Washington, DC 20426

Telephone : 202-208-0055

FAX Number: 202-208-0500

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

http://www.ferc.fed.us/foia/1998annr.pdf

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

Write to the following address:

Public Reference and Files Maintenance Branch

Federal Energy Regulatory Commission

888 First Street, NE, Room 2A

Washington, DC 20426

Telephone : 202-208-1371

FAX Number: 202-208-2320

E-Mail : Public.ReferenceRoom@FERC.fed.us

II. How to Make a FOIA Request

Please refer to the FOIA Reference Guide on the

Commission's Web Site

(http://www.ferc.fed.us/foia/frefguide.htm)

A. Name, address, and telephone number of individual

receiving FOIA requests at the Commission.

Rebecca F. Schaffer

Director, Office of External Affairs

Federal Energy Regulatory Commission

888 First Street, NE, Code EA-1

Washington, DC 20426

Telephone: 202-208-0004
B. The Commission's most rapid response for FY 1998

equaled one day. The longest response time for FY 1998

equaled 478 days.

C. Some requests are not granted if they concern matters

that fall into one or more of the FOIA exemptions and

are not appropriate for discretionary release.

III. Definitions of Terms and Acronyms Used in the Report

A. Agency-specific acronyms or other terms.

1. Track One Requests -- the processing track for a

FOIA request that is seeking records that are

readily identifiable and were previously cleared

for release.

2. Track Two Requests -- the processing track for a

FOIA request that is seeking records that are

readily identifiable and require limited review.

3. Track Three Requests -- the processing track for a

FOIA request that is seeking records that are

complex and/or voluminous records and require a

significant search and/or review.

B. 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 the 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 which 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 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 time 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

which adequately describes the records sought,

which 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.

IV. Exemption 3 Statutes

A. List of Exemption 3 statutes relied on by the

Commission during FY 1998

1. The National Defense Authorization Act of 1997,

Pub. L. No. 104-201, § 821, 110 Stat. 2422

codified at 41 U.S.C. § 253b(m), prohibits

agencies from releasing the proposals of

unsuccessful offerors.

2. Statement of whether a court upheld the use of 

this statute. 

To our knowledge, the statute has not been 

considered by the courts.

V. Initial FOIA/PA Access Requests

A. Numbers of initial requests.

1. Number of requests pending 

as of end of preceding fiscal year : 12

2. Number of requests received during 

current fiscal year : 98

3. Number of requests processed 

during fiscal year : 86

4. Number of requests pending as of

end of current fiscal year : 24
B. Disposition of initial requests.

1. Number of total grants : 31

2. Number of partial grants : 11

3. Number of denials : 44

a. Number of times each FOIA 

exemption used

 (1) Exemption 1 : 0

 (2) Exemption 2 : 2

 (3) Exemption 3 : 2

 (4) Exemption 4 : 6

 (5) Exemption 5 : 11

 (6) Exemption 6 : 0

 (7) Exemption 7(A): 0

 (8) Exemption 7(B): 0

 (9) Exemption 7(C): 0

 (10) Exemption 7(D): 0

 (11) Exemption 7(E): 0

 (12) Exemption 7(F): 0

 (13) Exemption 8 : 0

 (14) Exemption 9 : 0

4. Other reasons for nondisclosure

a. No records : 10

b. Referrals : 13

c. Request withdrawn : 15

d. Fee-related reason : 1

e. Records not reasonably

described : 0

f. Not a proper FOIA
request for some other

reason : 1

g. Not an agency record : 0

h. Duplicate request : 0

i. Other : 0

VI. Appeals in Initial Denials of FOIA/PA Requests

A. Numbers of appeals.

1. Number of appeals received

during fiscal year : 2

2. Number of appeals processed

during fiscal year : 2

B. Disposition of appeals.

1. Number completely upheld : 0

2. Number partially reversed : 0

3. Number completely reversed

(Discretionary release) : 1

A. Number of times each : 0

FOIA exemption used

(1) Exemption 1

(2) Exemption 2

(3) Exemption 3

(4) Exemption 4

(5) Exemption 5

(6) Exemption 6

(7) Exemption 7(A)

(8) Exemption 7(B)

(9) Exemption 7(C)

(10) Exemption 7(D)

(11) Exemption 7(E)

(12) Exemption 7(F)
(13) Exemption 8

(14) Exemption 9

4. Other reasons for nondisclosure

a. No records : 0

b. Referrals : 0

c. Request withdrawn : 1

d. Fee-related reason : 0

e. Records not reasonably

described : 0

f. Not a proper FOIA request 

for some other reason : 0

g. Not an agency record : 0

h. Duplicate request : 0

i. Other : 0

VII. Compliance with Time Limits/Status of Pending

Requests

A. Median processing time for requests 

processed during the year.

1. Track one requests

a. Number of requests processed : 39

b. Median number of days to

process : 17

2. Track two requests

a. Number of requests processed : 43

b. Median number of days to

process : 47

3. Track three requests

a. Number of requests processed : 4

b. Median number of days to

process : 70
4. Requests accorded expedited

processing : 0

a. Number of requests processed

b. Median number of days to

process

B. Status of pending requests

1. Track one requests

a. Number of requests pending

as of end of current fiscal 

 year : 1

b. Median number of days that

such requests were pending as

 of that date : 20

2. Track two requests

a. Number of requests pending

as of end of current fiscal

year : 21

b. Median number of days that

such requests were pending as

of that date : 79

3. Track three requests

a. Number of requests pending

as of end of current fiscal

year : 2

b. Median number of days that

such requests were pending as

of that date : 161

VIII. Comparisons with Previous Year(s): N/A

A. Comparison of numbers of requests received

B. Comparison of numbers of requests processed

C. Comparison of median numbers of days requests

were pending as of end of fiscal year

D. Other statistics significant to agency

E. Other narrative statements describing agency efforts to improve timeliness of FOIA performance

and to make records available to the public (e.g.,
backlog-reduction efforts; specification of

average number of hours per processed request;

training activities; public availability of new

categories of records)

IX. Costs/FOIA Staffing

A. Staffing levels.

1. Number of full-time FOIA

personnel : 0

2. Number of personnel with

part-time or occasional

FOIA duties (in total

work-years) : 3.56

3. Total number of personnel

(in work-years) : 3.56

B. Total costs.

1. FOIA processing : $425,000

2. Litigation-related activities : N/A

3. Total costs : $425,000

4. Comparison with 

previous year : N/A

X. Fees

A. Total amount of fees collected

processing requests : $3,177

B. Percentage of total costs : .74%

XI. FOIA Regulations (Including Fee Schedule)

The Commission's FOIA regulations, 18 C.F.R.

§ 388.108, can be accessed through GPO

(http://www.access.gpo.gov/nara/cfr/index.html)