1 

DEFENSE NUCLEAR FACILITIES SAFETY BOARD 

Freedom of Information Act 

Report for 

October 1, 2010 

through 

September 30, 2011 

February 2012 
2 

I. BASIC INFORMATION REGARDING REPORT 

1. For questions about the report, contact: 

Andrew L. Thibadeau 

Information Officer 

Defense Nuclear Facilities Safety Board 

625 Indiana Avenue, NW, Suite 700 

Washington, DC 20004 

Telephone (202) 694-7088 

Email: andrewt@dnfsb.gov 

2. Electronic link for FOIA Report FY 2011 on the World Wide Web: 

http://www.dnfsb.gov/sites/default/files/Board%20Activities/Reports/FOIA%20Annual%20Rep

orts/2011/foia_ar_2011.pdf

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

Contact Mr. Thibadeau by phone or email. 

II. MAKING A FOIA REQUEST 

1. All FOIA requests to the DNFSB should be directed to Mr. Thibadeau at the addresses given 

above. 

2. Why Some Requests Are Not Granted: 

 The DNFSB generally provides most of the documents requested. The most common 

 reason that the Board withholds all or part of a document falls under Exemption 2 (internal 

 agency rules and practices). 

III. ACRONYMS, DEFINITIONS, AND EXEMPTIONS 

1. DNFSB is the acronym used for the Defense Nuclear Facilities Safety Board. OGM is the 

 acronym used for the Office of General Manager, and OGC is the acronym used for Office of 

 General Counsel. 

2. The following definitions of terms are used in this report: 

a. Administrative Appeal – a request to a federal agency asking that it review at a higher 

administrative level a FOIA determination made by the agency at the initial request level. 

b. 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. 
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c. Backlog – the number of requests or administrative appeals that are pending at an agency 

at the end of the fiscal year that are beyond the statutory time period for a response. 

d. Component – for agencies that process requests on a decentralized basis, a “component” 

is an entity, also sometimes referred to as an Office, Division, Bureau, Center or 

Directorate, within the agency that processes FOIA requests. The FOIA now requires 

that agencies include in their Annual FOIA Report data for both the agency overall and 

for each principal component of the agency. 

e. Consultation – the procedure whereby the agency responding to a FOIA request first 

forwards a record to another agency for its review because that other agency has an 

interest in the document. Once the agency in receipt of the consultation finishes its 

review of the record, it responds back to the agency that forwarded it. That agency, in 

turn, will then respond to the FOIA requester. 

f. Exemption 3 Statute – a federal statute that exempts information from disclosure and 

which the agency relies on to withhold information under subsection (b)(3) of the FOIA. 

g. FOIA Request – a FOIA request is generally a request to a federal agency for access to 

records concerning another person (i.e., a “third-party” request), or concerning an 

organization, or a particular topic of interest. FOIA requests also include requests made 

by requesters seeking records concerning themselves (i.e., “first-party” requests) when 

those requesters are not subject to the Privacy Act, such as non-U.S. citizens. Moreover, 

because all first-party requesters should be afforded the benefit of both the access 

provisions of the FOIA as well as those of the Privacy Act, FOIA requests also include 

any first-party requests where an agency determines that it must search beyond its 

Privacy Act “systems of records” or where a Privacy Act exemption applies, and the 

agency looks to FOIA to afford the greatest possible access. All requests which require 

the agency to utilize the FOIA in responding to the requester are included in this Report. 

 Additionally, a FOIA request includes records referred to the agency for processing and 

direct response to the requester. It does not, however, include records for which the 

agency has received a consultation from another agency. (Consultations are reported 

separately in Section XII of this Report). 

 

h. Full Grant – an agency decision to disclose all records in full in response to a FOIA 

request. 

i. Full Denial – an agency decision not to release any records in response to a FOIA 

request because the records are exempt in their entireties under one or more of the FOIA 

exemptions, or because of a procedural reason, such as when no records could be located. 

j. Median Number – the middle, not the average, number. For example, of 3, 7, and 14, 

the median number is 7. 

k. Multi-Track Processing – a system in which simple requests requiring relatively 
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minimal review are placed in one processing track and more voluminous and complex 

requests are placed in one or more other tracks. Requests granted expedited processing 

are placed in yet another track. Requests in each track are processed on a first in/first out 

basis. 

 i. Expedited Processing – an agency will process a FOIA request on an expedited 

basis when a requester satisfies the requirements for expedited processing as set 

forth in the statute and in agency regulations. 

 ii. Simple Request – a FOIA request that an agency using multi-track processing 

places in its fastest (non-expedited) track based on the low volume and/or 

simplicity of the records requested. 

 iii. Complex Request – a FOIA request that an agency using multi-track processing 

places in a slower track based on the high volume and/or complexity of the 

records requested. 

l. Partial Grant/Partial Denial – in response to a FOIA request, an agency decision to 

disclose portions of the records and to withhold other portions that are exempt under the 

FOIA, or to otherwise deny a portion of the request for a procedural reason. 

m. Pending Request or Pending Administrative Appeal – a request or administrative 

appeal for which an agency has not taken final action in all respects. 

n. Perfected Request – a request for records which reasonably describes such records and 

is made in accordance with published rules stating the time, place, fees (if any) and 

procedures to be followed. 

o. Processed Request or Processed Administrative Appeal – a request or administrative 

appeal for which an agency has taken final action in all respects. 

p. Range in Number of Days – the lowest and highest number of days to process requests 

or administrative appeals. 

q. Time Limits – the time period in the statute for an agency to respond to a FOIA request 

(ordinarily twenty working days from receipt of a perfected FOIA request). 

 3. The nine FOIA exemptions are described as follows: 

 a. Exemption 1: classified national defense and foreign relations information. 

 b. Exemption 2: internal agency rules and practices. 

 c. Exemption 3: information that is prohibited from disclosure by another federal law. 

 d. Exemption 4: trade secrets and other confidential business information. 
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 e. Exemption 5: inter-agency or intra-agency communications that are protected by legal 

 privileges. 

 f. Exemption 6: information involving matters of personal privacy. 

 g. Exemption 7: records or information compiled for law enforcement purposes, to the 

 extent that the production of those records (A) could reasonably be expected to interfere 

 with enforcement proceedings, (B) would deprive a person of a right to a fair trial or an 

 impartial adjudication, (C) could reasonably be expected to constitute an unwarranted 

 invasion of personal privacy, (D) could reasonably be expected to disclose the identity of 

 a confidential source, (E) would disclose techniques and procedures for law enforcement 

 investigations or prosecutions, or would disclose guidelines for law enforcement 

 investigations or prosecutions, or (F) could reasonably be expected to endanger the life or 

 physical safety of any individual. 

 h. Exemption 8: information relating to the supervision of financial institutions. 

 i. Exemption 9: geological information on wells. 

IV. EXEMPTION 3 STATUTES 

A. Exemption 3 – Statutes Relied upon to Withhold Information 

Statute Type of Information 

Withheld 

Case Citation Number of Times 

Relied upon per 

Component 

Total Number of 

Times Relied 

upon by Agency 

N/A N/A N/A OGM N/A N/A 

N/A N/A N/A OGC N/A N/A 

V. FOIA REQUESTS 

A. Received, Processed, and Pending FOIA Requests 

 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

OGM 0 19 17 2 

OGC 0 5 5 0 

AGENCY OVERALL 0 24 22 2 
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B. (1) Disposition of FOIA Requests – All Processed Requests 

No. of 

Full 

Grants 

No. of 

Partial 

Grants/ 

Partial 

Denials 

No. 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 

FeeRelated 

Reason 

Records not 

Reasonably 

Described 

Improper 

FOIA 

Request 

for Other 

Reason 

Not 

Agency 

Record 

Duplicate 

Request 

Other 

*Explain 

In Chart 

Below 

TOTAL 

OGM 

8 2 0 6 0 1 0 0 0 0 0 0 17 

OGC 

1 1 2 1 0 0 0 0 0 0 0 0 5 

Agency 

Overall 

9 3 2 7 0 1 0 0 0 0 0 0 22 

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 

OGM 0 0 

OGC 0 0 

 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 

OGM 0 0 0 1 0 2 0 0 0 0 0 0 0 0 

OGC 0 2 0 0 2 1 0 0 1 0 0 0 0 0 

AGENCY 

OVERALL 

0 2 0 1 2 3 0 0 1 0 0 0 0 0 
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VI. ADMINISTRATIVE APPEALS OF INITIAL DETERMINATIONS OF FOIA 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 0 0 0 

 

 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 

0 0 0 0 0 

 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 0 0 0 0 0 0 0 0 0 0 0 0 0 

 C. (2) Reasons for Denial on Appeal – Reasons Other than Exemptions 

No 

Records 

Records 

Referre

d at 

Initial 

Request 

Level 

Request 

Withdrawn 

FeeRelated 

Reason 

Records 

not 

Reasonably 

Described 

Improper 

Request 

for Other 

Reasons 

Not 

Agency 

Record 

Duplicate 

Request 

or 

Appeal 

Request 

in 

Litigation 

Appeal 

Based 

Solely on 

Denial of 

Request 

for 

Expedited 

Processing 

Other 

*Explain 

in Chart 

Below 

0 0 0 0 0 0 0 0 0 0 0 

 

 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 

Description 0 0 

 
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 C. (4) Response Time for Administrative Appeals 

Median 

Number of 

Days 

Average Number of 

Days 

Lowest Number of 

Days 

Highest Number of 

Days 

0 0 0 0 

 C. (5) Ten Oldest Pending Administrative Appeals 

10th

Oldest 

Appeal 

9th 8th 7th 6th 5th 4th 3rd 2nd Oldest 

Appeal 

Date of 

Receipt 

of Ten 

Oldest 

Appeals 

0 0 0 0 0 0 0 0 0 0 

Number 

of Days 

Pending 

0 0 0 0 0 0 0 0 0 0 

VII. FOIA REQUESTS: RESPONSE TIME FOR PROCESSED AND PENDING REQUESTS 

 A. Processed Requests – Response Time for All Processed Perfected Requests 

SIMPLE COMPLEX EXPEDITED PROCESSING 

Median 

No. of 

Days 

Average 

No. of 

Days 

Lowest 

No. of 

Days 

Highest 

No. of 

Days 

Median 

No. of 

Days 

Average 

No. of 

Days 

Lowest 

No. of 

Days 

Highest 

No. of 

Days 

Median 

No. of 

Days 

Average 

No. of 

Days 

Lowest 

No. of 

Days 

Highest 

 No. of 

Days 

OGM 

13 12 3 20 0 0 0 0 0 0 0 0 

OGC 

15 22 6 19 62 62 62 62 0 0 0 0 

AGENCY 

OVERALL 14 14 3 20 62 62 62 62 0 0 0 0 

 
9 

 B. Processed Requests – Response Time for Perfected Requests in Which Information Was Granted 

SIMPLE COMPLEX EXPEDITED PROCESSING 

Median 

No. of 

Days 

Average 

No. of 

Days 

Lowest 

No. of 

Days 

Highest 

No. of 

Days 

Median 

No. of 

Days 

Average 

No. of 

Days 

Lowest 

No. of 

Days 

Highest 

No. of 

Days 

Median 

No. of 

Days 

Average 

No. of 

Days 

Lowest 

No. of 

Days 

Highest 

 No. of 

Days 

OGM 19 13 3 20 0 0 0 0 0 0 0 0

OGC 7 7 7 7 62 62 62 62 0 0 0 0

AGENCY 

OVERALL 19 13 3 20 62 62 62 62 0 0 0 0

 

 C. Processed Requests – Response Time in Day Increments 

Simple 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

OGM 17 0 0 0 0 0 0 0 0 0 0 0 0 17 

OGC 4 0 0 0 0 0 0 0 0 0 0 0 0 4 

AGENCY 

OVERALL 

21 0 0 0 0 0 0 0 0 0 0 0 0 21 

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

OGM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 

OGC 0 0 0 1 0 0 0 0 0 0 0 0 0 1 

AGENCY 

OVERALL 

0 0 0 1 0 0 0 0 0 0 0 0 0 1 

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

OGM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 

OGC 0 0 0 0 0 0 0 0 0 0 0 0 0 0 

AGENCY 

OVERALL 

0 0 0 0 0 0 0 0 0 0 0 0 0 0 

 
10 

 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 of 

Days 

Pending 

Median 

Number 

of Days 

Average 

Number of 

Days 

OGM 0 0 0 0 0 0 0 0 0 

OGC 0 0 0 0 0 0 0 0 0 

AGENCY 

OVERALL 

0 0 0 0 0 0 0 0 0 

 E. Pending Requests – Ten Oldest Pending Perfected Requests 

 10th 

Oldest 

Request 

& No. 

of Days 

Pending 

9th 8th 7th 6th 5th 4th 3rd 2nd Oldest 

Request 

& No. 

of Days 

Pending 

OGM 0 0 0 0 0 0 0 0 0 0 

OGC 0 0 0 0 0 0 0 0 0 0 

AGENCY 

OVERALL 

0 0 0 0 0 0 0 0 0 0 

VIII. REQUESTS FOR EXPEDITED PROCESSING AND REQUESTS FOR FEE WAIVER 

A. Requests for Expedited Processing 

 No. 

Granted 

No. Denied Median No. of Days 

to Adjudicate 

Average 

No. of 

Days to 

Adjudicate 

No. Adjudicated 

Within Ten Calendar 

Days 

OGM 0 0 0 0 0 

OGC 0 0 0 0 0 

AGENCY 

OVERALL 

0 0 0 0 0 

 
11 

 B. Requests for Fee Waiver 

Number 

Granted 

Number Denied Median Number of 

Days to Adjudicate 

Average 

Number of 

Days to 

Adjudicate 

OGM 4 0 13 12 

OGC 4 0 13 24 

AGENCY OVERALL 8 0 13 18 

IX. FOIA PERSONNEL AND COSTS 

 A. 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 

LitigationRelated Costs Total Costs 

OGM 0.05 0.05 0.1 $3,730.25 $0.00 $3,730.25 

OGC 0.01 0.01 0.02 $770.00 $0.00 $770.00 

AGENCY 

OVERALL 

0.06 0.06 0.12 $4,500.25 $0.00 $4,500.25 

X. FEES COLLECTED FOR PROCESSING REQUESTS 

Total Amount of Fees Collected Percentage of Total Costs

OGM $0.00 0% 

OGC $0.00 0% 

AGENCY OVERALL $0.00 0% 

XI. FOIA REGULATIONS 

 The electronic link to the Board’s FOIA regulations is: 

http://www.dnfsb.gov/sites/default/files/Pages/FOIA%20Reading%20Room/DNFSB%20Rule%2010%2

0CFR%20Part%201703.pdf

The electronic link to the Board’s fee schedule is: http://www.dnfsb.gov/foia-reading-room/foia-feeschedule
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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 

OGM 0 0 

OGC 0 0 

AGENCY OVERALL 0 0 

 B. Consultations on FOIA Requests – Received, Processed, and Pending Consultations 

 

No. of Consultations 

Rec’d from Other 

Agencies that Were 

Pending at DNFSB 

as of Start of the 

Fiscal Year 

No. of Consultations 

Rec’d from Other 

Agencies During the 

Fiscal Year

No. of Consultations 

Rec’d from Other 

Agencies that Were 

Processed by 

DNFSB During the 

Fiscal Year

No. of Consultations 

Rec’d from Other 

Agencies that Were 

Pending at DNFSB 

as of the End of the 

Fiscal Year

OGM 0 0 0 0 

OGC 0 0 0 0 

AGENCY 

OVERALL 

0 0 0 0 

 C. Consultations on FOIA Requests – Ten Oldest Consultations Received from Other 

 Agencies and Pending at DNFSB 

10th Oldest 

Consultation 

and No. of 

Days 

Pending 

9th 8th 7th 6th 5th 4th 3rd 2nd Oldest 

Consultation 

and No. of 

Days 

Pending 

OGM 0 0 0 0 0 0 0 0 0 0 

OGC 0 0 0 0 0 0 0 0 0 0 

AGENCY 

OVERALL 

0 0 0 0 0 0 0 0 0 0 
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 D. (1) Comparison of Numbers of Requests from Previous and Current Annual Report – Requests 

 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 

OGM 14 19 14 17 

OGC 5 5 5 5 

AGENCY 

OVERALL 

19 24 19 22 

D. (2) 

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 

OGM 0 0

OGC 0 0

AGENCY 

OVERALL 

0 0

E. (1) Comparison of Numbers of Administrative Appeals from Previous and Current Annual 

 Report – Appeals, Received, Processed, 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 

OGM 0 0 0 0

OGC 0 1 0 1

AGENCY 

OVERALL 

0 1 0 1

 
14 

 

E. (2) 

 

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 

OGM 0 0

OGC 0 0

AGENCY 

OVERALL 

0 0

F. Other FOIA Activities 

 The Board submitted the Chief FOIA Officer Report to the Department of Justice during 

the fiscal year, and created a website link that may be accessed from the Board’s FOIA 

page.