1 

DEFENSE NUCLEAR FACILITIES SAFETY BOARD 

Freedom of Information Act Report for 

October 1, 2012 

through 

September 30, 2013 

February 2014 
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 2013 on the World Wide Web: 

http://www.dnfsb.gov/foia-annual-report-2012 

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 Board should be directed to Mr. Thibadeau at the addresses given 

above. 

2. Why Some Requests Are Not Granted: 

The Board generally provides most of the documents requested. The most common reason 

that the Board withholds all or part of a document falls under Exemption 6 (information 

involving matters of personal privacy.). 

III. ACRONYMS, DEFINITIONS, AND EXEMPTIONS 

1. 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 (e.g., for 3, 7, and 14, the average 

number is 8). 

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. 
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D. 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. 

E. 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. 

F. 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). 

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

FOIA request. 

H. 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 (e.g., no records located. 

I. Median Number – the middle, not the average, number (e.g., of 3, 7, and 14, the 

median number is 7. 

J. 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 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 
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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. 

K. 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 (e.g., no records located). 

L. Pending Request or Pending Administrative Appeal – a request or 

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

M. 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. 

N. Processed Request or Processed Administrative Appeal – a request or 

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

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

requests or administrative appeals. 

P. 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: information that is related solely to the internal personnel rules and 

practices of an agency. 

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

law. 

D. Exemption 4: trade secrets and other confidential business information. 

E. Exemption 5: inter-agency or intra-agency communications that are protected by 

legal privileges. 
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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 

 Exemption 3 – Statutes Relied upon to Withhold Information 

Statute Type of Information 

Withheld 

Case 

Citation

Agency/ 

Component 

Total Number of Times Relied 

upon by Agency Overall 

N/A N/A N/A 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

0 17 14 3 

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 

TOTAL 

1 2 1 9 0 0 0 1 0 0 0 0 14 
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B. (2) Disposition of FOIA Requests – “Other” Reasons for “Full Denials Based on Reasons 

 Other than Exemptions” from Section V, B (1) Chart. 

Agency/ 

Component 

Description of “Other” Reasons for 

Denials from Chart B (1) 

Number of Times “Other” 

Reasons was relied upon TOTAL

DNFSB N/A 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 

AGENCY 0 1 0 0 1 3 0 0 1 0 0 0 0 0 

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 

Referred 

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 

 
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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 “Other” Reason Was Relied Upon TOTAL 

0 0 0 

C. (4) Response Time for Administrative Appeals 

Median # of Days Average # of Days Lowest # of Days Highest # of Days 

0 0 0 0 

C. (5) Ten Oldest Pending Administrative Appeals 

Oldest Appeal 10th 9th 8th 7th 6th 5th 4th 3rd 2nd Oldest 

Appeal 

Date of Appeal N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A 

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 

AGENCY 

OVERALL 14 14.53 6 39 N/A N/A N/A N/A 7 7 6 8 

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 

AGENCY 

OVERALL 19.5 22 10 39 N/A N/A N/A N/A N/A N/A N/A N/A

 

 
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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

AGENCY 

OVERALL 12 2 1 0 0 0 0 0 0 0 0 0 0 15 

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

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 2 0 0 0 0 0 0 0 0 0 0 0 0 2 

 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 

AGENCY 

OVERALL 3 31 25 0 N/A N/A 0 N/A N/A 

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 

AGENCY 

OVERALL 0 0 0 0 0 0 0 3 31 40 
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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 

AGENCY 

OVERALL 2 0 7 7 2 

B. Requests for Fee Waiver 

Number 

Granted 

Number Denied Median Number of 

Days to Adjudicate 

Average 

Number of 

Days to 

Adjudicate 

AGENCY OVERALL 4 0 11.5 11.5 

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 

LitigationRelated Costs Total Costs 

AGENCY 

OVERALL 0.06 0.06 0.12 $3,595.50 $0.00 $3,595.50 

X. FEES COLLECTED FOR PROCESSING REQUESTS 

Total Amount of Fees Collected Percentage of Total Costs

AGENCY OVERALL $0.00 0.00% 

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%2

010%20CFR%20Part%201703.pdf

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

AGENCY 

OVERALL 3 0 

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

 

No. of 

Consultations 

Rec’d from Other 

Agencies that Were 

Pending at BOARD 

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 

BOARD During the 

Fiscal Year

No. of 

Consultations 

Rec’d from Other 

Agencies that Were 

Pending at BOARD 

as of the End of the 

Fiscal Year

AGENCY 

OVERALL 1 0 1 0 

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

 Agencies and Pending at the BOARD 

10th Oldest 

Consultation 

and No. of 

Days 

Pending 

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

Consultation 

and No. of 

Days 

Pending 

AGENCY 

OVERALL 0 0 0 0 0 0 0 0 0 0 

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 

AGENCY 

OVERALL 10 17 12 14 
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D. (2) Comparison of Backlogged Requests from Previous and Current Annual Report 

 

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 

AGENCY 

OVERALL 0 3 

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 

AGENCY 

OVERALL 0 0 0 0

E. (2) Comparison of Backlogged Administrative Appeals from Previous and Current 

Annual Report 

 

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 

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.