Freedom of Information Act Guide

• Introduction 

• Access to Records Without a FOIA Request [5 U.S.C 552(a)(1) & (2)] 

• Records Required to be Publicly Available 

• Access to NRC Records Routinely Made Publicly Available 

• FOIA Requests and FOIA Responses on the NRC’s Public Web Site 

• Other Sources of NRC Records 

• Overview of Categories of NRC Records for Which a Specific Exemption May Apply 

• Where to Send Your FOIA Request 

• How to Make a FOIA Request 

• Processing Your FOIA Request 

• Response Times 

• Expedited Processing 

• Fees 

• Fee Waivers 

• Initial Request Determinations 

• Appeals 

• Judicial Review 

Introduction

The Freedom of Information Act (FOIA), enacted in 1966, is a Federal law that is set forth in

Title 5, Section 552, of the United States Code (5 U.S.C. 552), as amended. In enacting the

FOIA, Congress established the presumption that any person has the right to submit a written

request for access to records or information maintained by the Federal Government. In

response to such written requests, Federal agencies must disclose the requested records,

unless they are explicitly protected from disclosure by one or more of the FOIA exemptions and

exclusions (defined later in this reference guide). In addition, the right to request access is

enforceable in court, and the law provides administrative and judicial remedies for those who

are denied access to records requested under the FOIA.

The FOIA does not apply to records that are maintained by State and local governments, or

persons or organizations who receive Federal contracts or grants, or private organizations or

businesses. 

This reference guide is designed to familiarize you with the specific procedures for making a

FOIA request to the NRC. The process is neither complicated nor time-consuming, and

following the guidance presented on the following pages will ensure that you prepare your

request properly and send your request to the proper NRC official so that we can promptly

record and assign your request for action.

Before preparing your request, however, it is important to understand that the Federal

Government does not have a central office to process FOIA requests, and each agency

responds to requests for its own records. Therefore, before sending a request to the NRC, you

should determine whether we are likely to have the records you are seeking.

You should also note that the FOIA is a companion to the Privacy Act (5 U.S.C. 552a), which

balances the Government's need for information about individuals with the need to protect those

individuals against unwarranted invasions of their privacy by Federal agencies stemming from

the collection, maintenance, use, and disclosure of personal information. In general, the Privacy
Act (PA) allows individuals to learn how the Federal Government collects, maintains, uses, and

disseminates records containing personal information. It also safeguards confidentiality by

limiting or restricting disclosure of personally identifiable records maintained by Federal

agencies. The PA allows individuals to gain access to their own personal records (unless the

requested records are exempted from disclosure), and it allows individuals to seek correction or

amendment of Federally maintained records that are inaccurate, incomplete, untimely, or

irrelevant. As such, the PA establishes a "code of fair information practices," which requires

Federal agencies to comply with statutory norms for collecting, maintaining, and disseminating

records containing information about individuals.

Despite their similarities, the FOIA and the PA have different procedures and exemptions.

Consequently, information that is exempt from disclosure under one Act maybe disclosable

under the other. In order to take maximum advantage of both Acts, you may cite both laws when

submitting a request for access to NRC records that contain information only about yourself.

However, when requesting NRC records that contain information about other individuals or

entities, you may cite only the FOIA.

The NRC will automatically handle requests in a manner that maximizes the amount of

information that is disclosable. If you have any doubt about which Act to use in requesting

information from the NRC, always cite both the FOIA and the PA. While neither Act grants an

absolute right to examine Government documents, both Acts give you the right to request

records and to receive a response to your request. You also have the right to appeal the denial

and, if necessary, to challenge it in court (as discussed in Judicial Review).

The formal regulations for making FOIA requests to the NRC are set forth in Title 10, Part 9,

Subpart A, of the Code of Federal Regulations (10 CFR Part 9).

Another source of information on how to make a FOIA request is "Your Right to Federal

Records ," which is a joint publication of the U.S. General Services Administration and the U.S.

Department of Justice. This pamphlet is available for $0.50 per copy from the Consumer

Information Center, Department 320J, Pueblo, Colorado 81009.

Access to Records Without a FOIA Request [5 U.S.C 552(a)(1) & (2)] 

The FOIA explicitly provides two distinct ways for the public to gain access to the records

maintained by Federal agencies. Most people know that one way is to submit a written request

for copies of records that are not routinely made available as part of the agency's public record.

The FOIA mandates that Federal agencies must make certain types of records freely available

(without a written request), as discussed in this section. Moreover, in 1996, Congress revised

the statute by passing the Electronic Freedom of Information Act (EFOIA) amendments, which

include provisions for public access to information in an electronic format, as well as

establishment of electronic FOIA reading rooms through agency FOIA sites on the Internet.

Furthermore, the E-Government Act of 2002 establishes a goal for certain information published

or made publicly available be made available electronically. As a general rule, before making a

FOIA request, you should peruse the information that the NRC makes available on its public

Web site and through other conventional sources, as described in the following subsections.

Records Required To Be Publicly Available 

The FOIA mandates that all Federal agencies must make certain types of records publicly

available. Section (a)(1) of the FOIA requires agencies to publish in the Federal Register the
following records and under the E-Government Act of 2002, agencies are to make these records

accessible electronically. This information is included in NRC regulations at 10 CFR Parts

1-199.

• descriptions of its central and field organization and the established places at which,

the employees (and in the case of a uniformed service, the members) from whom, and

the methods whereby, the public may obtain information, make submittals or requests,

or obtain decisions;

• statements of the general course and method by which its functions are channeled and

determined, including the nature and requirements of all formal and informal procedures

available; 

• rules of procedure, descriptions of forms available or the places at which forms may be

obtained, and instructions as to the scope and contents of all papers, reports, or

examinations;

• substantive rules of general applicability adopted as authorized by law, and statements

of general policy or interpretations of general applicability formulated and adopted by the

agency; and each amendment, revision, or repeal of the foregoing. 

Section (a)(2) of the FOIA requires that each agency, in accordance with published rules, make

available for public inspection and copying--

• final opinions, including concurring and dissenting opinions, as well as orders, made in

the adjudication of cases (ASLBP Decisions, Commission Decisions - CLI; Board

Decisions - LBP; Director Decisions - DD).

• those statements of policy and interpretations which have been adopted by the agency

and are not published in the Federal Register. (Note: all NRC statements of policy and

interpretations are published in the Federal Register).

• administrative staff manuals and instructions to staff that affect a member of the public.

These include Regulatory Guides, Consensus Standards, Generic Communications,

Standard Review Plans, Agreements with an Agreement State, NRC Enforcement

Manual, NRC Inspection Manual, and Management Directives that affect the Public.

• copies of all records, regardless of form or format, which have been released to any

person in response to a FOIA request and which, because of the nature of their subject

matter, the agency determines have become or are likely to become the subject of

subsequent requests for substantially the same records; and a general index to these

records. 

Access to NRC Records Routinely Made Publicly Available

The NRC releases several hundred documents to the public during each workday. The NRC

makes these records available in its Agencywide Documents Access and Management System

(ADAMS). Members of the public can use ADAMS to access a wealth of valuable information

without filing a FOIA request. You may use ADAMS Search or Advanced Search to create an

index (list) of documents based on the criteria you select. From that index (list) you may select

specific documents you want to view. 
In addition, NRC makes an extensive amount of information available on its Web site, as

illustrated by the following examples:

• Who We Are: organization; locations; planning, budgeting, and performance

information; license fees; governing legislation; agency history and values; etc. 

• What We Do: Commission direction-setting and policymaking, radiation protection,

nuclear security and safeguards, key components of our regulatory program, etc. 

• Nuclear Reactors, Nuclear Materials, and Radioactive Waste: technical information

regarding the NRC's activities in these strategic arenas 

• Facility Information Finder: names and locations of operating nuclear power reactors

and fuel cycle facilities, as well as status reports, event notification reports, significant

enforcement actions, and other facility information 

• Public Involvement: opportunities for public participation in the regulatory process,

including meeting schedules, documents for comment, information quality guidelines,

etc. 

• Electronic Reading Room: basic references, options for electronic and conventional

access to the NRC's document collections, FOIA/PA requests, and related links to the

NRC's High-Level Waste Electronic Hearing Docket and Licensing Support Network 

• Report a Safety Concern 

• Employment at the NRC and Contracting with the NRC 

• Highlights and News Releases 

• NRC Forms and Electronic Submittal guidance 

• Public Meetings, Current Rulemakings, Daily Reports, and Key Topics 

FOIA Requests and FOIA Responses on the NRC's Public Web Site

The NRC makes available for public inspection and copying non sensitive FOIA requests and

responses to those requests. To locate these records from the NRC's public Web site, click the

Electronic Reading Room tab. Then click Documents in ADAMS, and select Web-Based

Access.

In the Search block on the Web-Based Access to ADAMS page, you may type any information

you have about the request. For example, if you are interested in a specific FOIA/PA request

and you know the related request number, you should type FOIA/PA, followed by the request

number in quotation marks (e.g., FOIA/PA "2000-0103") and click the Search button or press

the Enter key. If you are interested in a particular subject, you should type that subject name in

the Search block and click the Search button or press the Enter key. Similarly, you can type the

name of the person or organization who submitted the request and click the Search button or

press the Enter key. 

You may obtain better results by using Advanced Search. To do so, click on Advanced Search,

which is located just below the Search block. The system will then display a window containing

a number of fields in which you can enter information to narrow your search. For example, to

search for completed requests within a specific date range, enter the beginning and ending

dates in the Document Date field using the mmddyyyy-mmddyyyy format, and click the Select

from Known Values button to the right of the Document Type field. Then scroll through the menu

to highlight FOIA/Privacy Act Response to Requester and click the Select Values button. (You

may define the date range in any search.) You may also use Advanced Search to search by the

name of the requester by typing the person's name in the Author field. Similarly, if you are

interested in requests by a particular organization or institution, you may enter the name into the

Author Affiliation field.
You can also quickly review the subject matter headings of FOIA requests to which the NRC

has responded since 1998. To do so from the NRC's public Web site, click the Electronic

Reading Room tab. Then click FOIA and Privacy Act Requests, and select Index of Closed

FOIA/PA Requests by Subject. From the index page, you can select a specific year for which

the system will display a table that identifies the subject, request number, date received, and

date closed for each request, and indicates whether the response is available in the NRC's

Public Document Room.

Similarly, to view the subject of recent FOIA/PA requests that the NRC has received from the

NRC's public Web site, click the Electronic Reading Room tab. Then click FOIA and Privacy Act

Requests, and select Recent FOIA Requests. Again, the system will display a table that

identifies the subject and request number of each FOIA/PA request received within the specified

time frame.

Links from the Freedom of Information Act and Privacy Act Requests page provide additional

resources, including access to the text of the Freedom of Information Act, the NRC's FOIA

regulations, recent FOIA requests, an index to completed FOIA requests, a list of frequently

requested records, the NRC's Annual FOIA Reports, and Government-wide FOIA guidance. In

addition, this page provides access to related references to the Privacy Act program, as well as

the "Citizen's Guide to U.S. Nuclear Regulatory Commission Information" and the Government

Information Locator Service.

Other Sources of NRC Records

The NRC also offers a Public Document Room (PDR), which maintains a large collection of

publicly available agency records and provides equipment and services to assist people who

seek access to NRC records. The PDR is located at NRC headquarters at 11555 Rockville Pike,

Rockville, Maryland 20852. In addition, certain NRC publications (staff-prepared NUREG-series

reports) are available for subscription purchase from the National Technical Information Service

(5285 Port Royal Road, Springfield, Virginia 22161) and the Government Printing Office (GPO).

You may contact the GPO Access User Support Team by telephone (toll-free) at

1-888-293-6498 from 7:00 a.m. to 5:30 p.m. EST, Monday through Friday, excluding

Government holidays. You can also contact the GPO Access User Support Team by e-mail at

gpoaccess@gpo.gov or by fax at 202-512-1262. 

Overview of Categories of NRC Records for Which a Specific Exemption May Apply 

Exemption 1: All national security information concerning the national defense or foreign policy

that has been properly classified in accordance with the substantive and procedural

requirements of the current such order

• Information pertaining to security of fuel cycle facilities possessing strategic quantities

of special nuclear material 

• Information about security systems (e.g., guards, alarms, duress codes, etc.) of certain

facilities or activities that would aid an adversary in attacking a facility or mode of

transportation 

• Foreign government information provided with an understanding or agreement that

information is considered classified by the supplying foreign government 

Exemption 2: Internal matters of a relatively trivial nature – "low 2"; more substantial internal

matters, the disclosure of which would risk circumvention of a legal requirement – "high 2"
Low 2:

• Leave practices 

• Parking rules 

• Concurrence chains 

High 2:

• Information pertaining to the security of buildings that house NRC employees 

• Internal NRC analysis of licensee security programs, including security inspections,

where disclosure of information could aid a terrorist in circumventing security

arrangements 

• Security inspection report shared with a licensee, if report is predominantly for internal

use, and the licensee does not share it with others 

Exemption 3: Information mandated by Federal statute to be withheld from public disclosure

• Restricted Data include technological details of uranium enrichment technologies (e.g.,

diffusion, centrifuge, laser-based enrichment) and technologies in certain defense

systems, such as a Navy nuclear program (42 U.S.C. §2161-2165) 

• Safeguards Information includes details from a licensee’s physical security plan, such

as number of guards, specific location of security equipment (42 U.S.C. §2167) 

• Contractor proposals submitted by unsuccessful offerors in response to a solicitation

(41 U.S.C. §253b(m)(1)) 

• Contractor proposals submitted by the successful offeror in response to a solicitation

not set forth or incorporated by reference in the contract (41 U.S.C. §253b(m)(1)) 

Exemption 4: Trade secrets and commercial or financial information obtained from a person

which is privileged or confidential

• Product manufacturing and design information 

• Nonpublic financial statements 

• Settlement agreements 

• Customer lists 

• Information submitted in confidence by a foreign source 

• Detailed plant security information, including licensee’s control and accounting

procedures for safeguarding licensed nuclear material, or detailed measures for the

physical security of a licensed facility, particularly information that could facilitate

attempts at sabotage, diversion of nuclear material, or other attacks detrimental to public

health and safety 

• Information generated outside the Government revealing vulnerabilities of nuclear

facilities or material to theft or sabotage 

• Certain facility drawing details showing specific locations of equipment or materials

within buildings 

• Private sector information the disclosure of which could reasonably jeopardize a

Government security program’s effectiveness 

Exemption 5: Inter-agency or intra-agency material privileged in the context of civil discovery

• Portions of briefing papers or drafts of security-related or nonsecurity-related

documents 
• Security or nonsecurity-related policy analyses and recommendations produced by

agency employees 

• Analysis of agency’s litigative risk in security-related or nonsecurity-related hearing 

• Description of agency’s legal strategy in proceeding on security-related or

nonsecurity-related matters 

Exemption 6: Matters "the disclosure of which would constitute a clearly unwarranted invasion

of personal privacy"

• Social Security Numbers 

• Home address, telephone numbers and e-mail address 

• Dates of birth 

• Marital status 

• Non-job-related interests 

• Medical or financial information 

• Religious affiliation or reference to religious activities 

• Performance and disciplinary information 

Exemption 7: Investigatory and other information compiled for law enforcement purposes

• Office of Investigations and Inspector General investigations focused on misconduct or

potentially unlawful activity 

• Security-related or nonsecurity-related information developed by the Office of

Investigations used to determine whether enforcement action should be taken against a

licensee 

• Security inspection or nonsecurity inspection reports related to a focused investigation

with information addressing whether there has been a possible violation of regulatory

requirements 

• Allegations of security-related or nonsecurity-related violations received from outside

the agency and related analyses prepared by or for the Office of Enforcement to

determine whether sanctions should be imposed against the violator 

Exemption 7(A): Information compiled for law enforcement purposes if disclosure "could

reasonably be expected to interfere with enforcement proceedings"

• Information that could reasonably be expected to interfere with an open allegation 

• Information that could reasonably be expected to interfere with an open investigation in

the Office of Investigations 

• Information that could reasonably be expected to interfere with an open investigation in

the Office of the Inspector General 

• Information that could reasonably be expected to interfere with an ongoing

enforcement action 

Exemption 7(B): Aimed at preventing prejudicial pretrial publicity that could impair a court

proceeding, protects "records or information compiled for law enforcement purposes (the

disclosure of which) would deprive a person of a right to a fair trial or an impartial adjudication"

• Exemption has not been used by NRC 

• Rarely invoked, an application of Exemption 7(A) normally would protect the

defendant’s interests just as well, as would Exemption 5, outside the context of law

enforcement purposes 
Exemption 7(C): Matters "the disclosure of which could reasonably be expected to constitute an

unwarranted invasion of personal privacy"

• Personal information in closed allegation, investigatory, or enforcement files 

• Social Security Numbers 

• Home address, telephone numbers and e-mail address 

• Dates of birth 

• Marital status 

• Non-job-related interests 

• Medical or financial information 

• Religious affiliation or reference to religious activities 

• Performance and disciplinary information 

Exemption 7(D): Protection of identity of confidential source

• Information that could reasonably be expected to disclose the identity of a confidential

source in Office of Investigations and Inspector General investigations 

• In certain cases, all information provided by a confidential source 

Exemption 7(E): Protection of law enforcement techniques and procedures where disclosure

could reasonably be expected to risk circumvention of law - technique must not be well known

to the public

• Techniques and procedures contained in investigation reports 

• Law enforcement guidelines (no legitimate public interest in disclosure of information

that would assist in evasion of law or detection) 

Exemption 7(F): Disclosure could reasonably be expected to endanger life or physical security

of any individual

• Exemption has not been used by NRC 

• Records or information compiled for law enforcement purposes the disclosure of which

could endanger the life or physical safety of an individual or individuals, for instance,

where necessary to protect an individual (or group of individuals) from possible harm by

a requester who has threatened harm in the past 

Exemption 8: Matters that are contained in or related to examination, operating, or condition

reports prepared by, or on behalf of, or for the use of an agency responsible for the regulation or

supervision of financial institutions

• Exemption not used by NRC 

Exemption 9: Geological and geophysical information and data, including maps, concerning

wells

• Exemption not used by NRC 

Where to Send Your FOIA Request

You may submit a FOIA request to the NRC by mail, e-mail, or fax, addressed to the NRC

Freedom of Information Act and Privacy Act (FOIA/PA) Officer, as follows:
Mail: U.S. Nuclear Regulatory Commission

Mail Stop T5-F11

Washington, DC 20555-0001 

Fax: 301-415-5130 

E-mail: Send an e-mail message to FOIA@nrc.gov.

— OR —

Use our FOIA Request Form to e-mail your request directly to the NRC from our Web site.

Electronic Submittals:

The NRC offers the following means to obtain detailed guidance on making electronic

submissions: 

• access Electronic Submittals through the agency's public Web site 

• call 301-415-7186 

• e-mail EIE@nrc.gov 

• write to the 

Business Process Improvement and Applications Division (BPIAD) 

Office of Information Services

U.S. Nuclear Regulatory Commission

Washington, DC 20555-0001 

Among other topics, the available Electronic Submittals guidance discusses the formats

that the NRC can accept, the use of electronic signatures, and the treatment of

non-public information. 

For further information, contact the NRC's FOIA/PA Office at 301-415-7169 from 7:45 a.m. to

4:15 p.m. EST, Monday through Friday, excluding Government holidays. 

How to Make a FOIA Request

Under the Freedom of Information Act (FOIA), you may request access to any record

maintained by the NRC. This does not mean, however, that the NRC will disclose any record

you request. As summarized later in this reference guide, the FOIA establishes certain statutory

exemptions and exclusions that authorize the NRC to withhold information of a sensitive nature.

When the NRC does withhold information from you, we will cite the relevant FOIA exemption.

You should also understand that the purpose of the FOIA is to give the public access to existing

Government records. That is, the Act does not require agencies to create records or develop

information to satisfy your request, or to conduct research or investigations or analyze data to

answer your written questions. The FOIA does not obligate us to provide records that were

destroyed or discarded before we received your request or were not created until after we

received your request.

In making your request you should be as specific as possible. Remember that all FOIA requests

must be in writing and, at a minimum, should contain the following basic elements:

• State that you are seeking access to records under the Freedom of Information Act (or

under the Freedom of Information Act and the Privacy Act, as described above). For the

quickest possible handling, mark both your letter and the envelope "Freedom of
Information Act Request." 

• Include your name, address, and daytime telephone number (in case we need to

contact you to discuss your request). 

• Describe the requested records (or information) as specifically as possible, including

individual and company names (where applicable), as well as the relevant dates, places,

events, subjects, and other details. 

• State your willingness to pay the applicable fees, if any, associated with processing

your FOIA request. (See Fees.) 

Remember that the more specific you are about the records (or types of records) that you want,

the more likely it will be that the NRC will be able to locate those records. If your request does

not provide sufficient information to enable the NRC to identify the requested record(s), we will

contact you to obtain additional information or clarification in order to process your request. As a

general rule, you are not required to state the reason(s) why you are requesting the given

records. However, you may do so if you think it might help the NRC to locate the records.

In addition, in order to protect your privacy, whenever you request information about yourself,

you must provide proof of identity:

• You may establish your identity by providing your name, address, date of birth, social

security number, employee identification number (if any), signature, and one other

identifying item (such as a copy of your driver license, Federal agency badge, or

passport).

• If you cannot provide the necessary proof of identity, you may provide a notarized

statement, affirming or swearing to your identity and the fact that you understand that the

NRC may impose penalties for obtaining records under false pretenses. You may obtain

forms for such statements by contacting the NRC's FOIA/PA Officer, whose address and

phone number are noted above.

Similarly, the NRC will not generally disclose records relating to another person, if such

disclosure would invade that person's privacy. For such requests, you must provide either (1) a

statement, signed by that other person and witnessed by a notary, that explicitly authorizes the

NRC to release the specified information to you, or (2) incontrovertible evidence that the subject

of your request is deceased.

The FOIA and its EFOIA amendments also give you the option to specify the form or format in

which you would like to receive the requested records. For example, if the agency maintains the

requested records in electronic format, you can choose to receive the information electronically

(on a disk or CD-ROM) or in hardcopy (a paper printout). However, if you request records in

electronic format, but they exist only in paper form or in an electronic format other than the one

you've requested, the NRC is only obligated to provide the requested records in the specified

electronic format if it can do so with a reasonable amount of effort.

Processing Your FOIA Request

When the NRC's FOIA/PA Officer receives your request, that officer will record the request and

assign a tracking number. In addition, the NRC will send you a written acknowledgment letter

indicating the name and telephone number of the NRC FOIA/PA Specialist, whom you should

contact if you need to discuss the processing and/or status of your request. The

acknowledgment will also provide additional information regarding your request, such as your
fee category and the charges that may apply to your request.

The NRC will assign your request to the NRC office(s) or region(s) that are likely to have

records that would be responsive to your request. The responsible office then assigns staff who

are knowledgeable about the subject matter of your request to search for responsive records,

review the records to determine whether they can be released to you and, if they cannot,

identify the information that they propose to withhold and the reason for nondisclosure. After

compiling a package of the responsive records and the disclosure recommendation, the

responsible office forwards the package to the central FOIA staff. The assigned FOIA/PA

Specialist then reviews the office's response and the office's recommendations, coordinates any

additional agency reviews or referral to other agencies or companies, and prepares the agency

determination that is sent to you.

Response Times

All Federal agencies have a statutory responsibility to respond to a FOIA request within 20

business days (excluding legal holidays) after the agency's FOIA/PA Officer receives the

request and it is recorded as received by the FOIA/PA Officer. However, the FOIA gives Federal

agencies the right to extend that time by 10 business days when a given request requires

additional search time or consideration. This may apply when (1) the NRC needs to assemble

responsive records from our regional offices; (2) the request involves a "voluminous" amount of

records that must be located, compiled, and reviewed; or (3) the NRC must consult with another

agency component or another Federal agency that may have originated the information or have

a substantial interest in the information. If we need to extend the response time, we will contact

you in writing or by telephone to explain the reason for the extension and project when the NRC

expects to make a determination.

To ensure the most equitable treatment possible, the NRC processes FOIA requests on a

first-in, first-out basis, using multiple tracking systems based upon the estimated time it will take

to process the request. The NRC makes a good faith effort to respond to all requests within the

statutorily established time frame; however, on occasion, the NRC may not be able to fully

respond within that time. In such cases, the NRC will generally provide a series of responses (if

possible) so that each requester will receive as much of their requested information as possible

within the shortest possible time. If you have not received a response within the statutory time

frame, you may contact the responsible FOIA/PA Specialist to discuss the status of your

request.

Expedited Processing

Under the Freedom of Information Act, the NRC may place your request at the front of the

queue if you clearly show a "compelling need" for a speedy response. For purposes of

determining whether to grant expedited processing, the statute defines a "compelling need" as

follows:

(1) Failure to obtain the requested records within an expedited time frame could reasonably be

expected to pose an imminent threat to an individual's life or physical safety. 

(2) You are "primarily engaged in disseminating information" and there is an urgent need

to"inform the public concerning actual or alleged Federal Government activity." 
The NRC will not grant a request for expedited processing under the second provision merely

because the requester is a representative of the news media. A person requesting expedited

processing must include a statement certifying the compelling need as "true and correct to the

best of [his or her] knowledge and belief," unless the NRC explicitly waives this certification

requirement as a matter of agency discretion. The FOIA requires the NRC to notify you of its

decision about whether to grant expedited processing within 10 days after receiving your letter.

If the NRC denies your request for expedited processing, we will advise you of your right to

submit an administrative appeal of that denial.

Fees

The NRC does not charge an initial fee for filing a FOIA request. By law, however, the agency is

entitled to charge certain fees, depending on the fee category for which you qualify. For the

purposes of assessing fees, the FOIA divides requesters into three categories:

(1) Commercial requesters may be charged fees for searching for, reviewing, and copying the

requested records. 

(2) Educational or noncommercial scientific institutions and representatives of the news media

are charged only for copying, and only in excess of the first 100 pages. The NRC currently

charges $0.20 per page for copying. 

(3) Other requesters are charged only for record searches and copying, and there is no charge

for the first 2 hours of search time or the first 100 pages of copying. The NRC currently charges

$0.20 per page for copying. 

In all cases, if the total fee does not exceed a minimum amount (currently $15.00), the NRC will

not charge any fee at all.

As previously indicated, you can avoid delays in the processing of your FOIA request if your

request letter states your willingness to pay the applicable fees, if any, associated with

processing your request. In so doing, you can also identify any limitation on the fees you are

willing to pay. If you do not do so, the NRC will assume that you are willing to pay fees of up to

$25. If NRC estimates that the total fees for processing your request will exceed $25 or the

amount you specify in your request, we will notify you in writing of the estimate and offer you an

opportunity to narrow your request in order to reduce the fees. If you continue to want all of the

records involved, we will ask you to express your commitment to pay the estimated fees and we

will suspend the processing of your request until you agree to do so.

The NRC will not ordinarily require you to actually pay the fees until we have processed your

request and sent the records to you. However, if you have failed to pay fees within 30 days of

billing in the past, or if the estimated fees exceed $250, the NRC may require you to pay the

estimated fees in advance (that is, before we process your request). If you agree to pay fees

and then fail to do so within 30 days of billing, the NRC is authorized to charge interest,

penalties, and administrative costs on your overdue balance and we will not process any further

requests from you until you have remitted payment in full. If you agree to pay fees for searching

for records, be aware that we may require you to pay such fees even if the search does not

locate any responsive records or if we withhold the responsive records in their entirety.

If the NRC finds that a requester (or a group of requesters acting in concert) has filed multiple

requests that actually constitute a single request, and if those requests involve clearly related
matters, we may aggregate all of the related requests in determining the records search time

and copying services to be provided without charge.

Fee Waivers

If you expect or are advised that the NRC will charge a fee for processing your FOIA request,

you may ask the agency to waive or reduce those fees. However, fee waivers or reductions are

limited to situations in which a requester can show that the disclosure of the requested

information is in the public interest because it is likely to contribute significantly to public

understanding of the agency's operations and activities and is not primarily in the commercial

interest of the requester. Note that persons who seek information about themselves usually do

not meet this legal standard, and a requester's inability to pay fees is not a legal basis for

granting a fee waiver. 

If you ask the NRC to waive or reduce its fees for processing your FOIA request, you will need

to submit a statement of justification, as follows:

• Describe the purpose for which you intend to use the requested information. 

• Explain the extent to which you will extract and analyze the substantive content of the

requested records. 

• Describe the nature of the specific activity or research in which you will use the

requested records and the specific qualifications you possess to utilize information for

the intended purpose in such a way that it will contribute to public understanding. 

• Describe the likely impact on the public's understanding of the subject, compared to the

level of public understanding of the subject before disclosure of the requested

information. 

• Describe the size and nature of the public segment whose understanding will be

increased by disclosing the requested information. 

• Describe the means by which you intend to disseminate the requested information to

the general public. 

• Indicate whether you will provide public access to the requested information free of

charge or in return for an access or publication fee. 

• Describe any commercial or private interest that you or any other party may have in the

requested records. 

Initial Request Determinations

Once the NRC has processed your request and resolved any fee-related issues, the agency will

send you a written initial determination letter and will usually enclose any records that can be

disclosed under the Freedom of Information Act (FOIA) that are not already publicly available.

This letter will advise you whether the NRC is withholding any information pursuant to one or

more of the exemptions to the FOIA (as discussed below). When the NRC is withholding one or

more page(s) in entirety, the initial determination letter will either specify the number of pages

being withheld or will provide a reasonable estimate of the volume of information withheld.

While the intent of the FOIA is to make Government information available to the public, the

statute recognizes that there are circumstances when disclosure is not appropriate. The statute

includes nine exemptions and three exclusions.

Specifically the FOIA exemptions authorize Federal agencies to withhold the following types of
information: 

(1) classified national defense and foreign relations information

(2) internal agency rules and practices

(3) information that is prohibited from disclosure by another Federal statute

(4) trade secrets and other confidential business information

(5) inter- or intra-agency communications that are protected by legal privileges

(6) information involving matters of personal privacy

(7) certain types of information compiled for law enforcement purposes

(8) information related to the supervision of financial institutions

(9) geological information on wells 

Congress recognized, however, that even acknowledging the existence of certain types of

records may cause as much harm as disclosing the requested information. The three

exclusions, which are rarely used, pertain to especially sensitive law enforcement and national

security matters.

You should also note that even if the FOIA statute allows the NRC to withhold certain

information, we may still disclose the requested records as a matter of administrative discretion

(if no other law prohibits us from doing so). However, the NRC is not legally obligated to do so.

Appeals

Upon receiving the NRC's initial determination letter, you will have 30 calendar days to submit

an appeal if the letter indicates that the NRC has decided to deny a FOIA request for (1) access

to agency records or portions there of, (2) waiver or reduction of fees, or (3) expedited

processing. You may also appeal any disputed fee matter or any determination that (1) a

requested record does not exist, (2) a requested record is not readily reproducible in the desired

format, or (3) the requested information is not subject to the FOIA. If you are submitting an

appeal because you believe the agency has not located all records related to your request, you

should specify why you believe additional records exist and, if possible, where you believe such

records may be located.

All appeals must be made in writing, directed to the appellate official identified in the NRC's

initial determination letter, and addressed as follows: 

Freedom of Information and Privacy Act Officer

U.S. Nuclear Regulatory Commission

Mail Stop T5-F11

Washington, DC 20555-0001

When appealing the NRC's decision to deny access to the requested records, you should

clearly identify your appeal (on the envelope and in the letter) as an "Appeal from Initial FOIA

Decision."

The NRC has three appellate authorities, and the agency will inform you which authority will

handle your appeal. The responsible appellate authority will make a determination within 20

working days of receiving your appeal, or 10 working days if your appeal relates to the denial of

a request for expedited processing.

Judicial Review
If you have filed an appeal, but you still believe that the NRC has not handled your request in

accordance with the FOIA, you have the right to challenge the agency's decision in a lawsuit.

The NRC's response to your appeal will inform you that you may file your suit in a District Court

of the United States in the district in which you reside or have a principal place of business, the

district in which the relevant agency records are located, or the District of Columbia.