1 

DEFENSE NUCLEAR FACILITIES SAFETY BOARD

Freedom of Information Act Report for 

October 1, 2014 

through 

September 30, 2015 

November 2015 
2 

I. BASIC INFORMATION REGARDING REPORT

1. For questions about the report, contact: 

Katherine Herrera

Information Officer

Defense Nuclear Facilities Safety Board

625 Indiana Avenue, NW, Suite 700 

Washington, DC 20004 

Telephone (800) 788-4016 

Email: foia@dnfsb.gov

2. Electronic link for FOIA Report FY 2015 on the World Wide Web can be found 

at http://www.dnfsb.gov/foia-reading-room

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

 Contact Ms. Herrera by phone or email. 

II. MAKING A FOIA REQUEST

1. FOIA requests to the Board should be directed to Ms. Herrera at the address or

email 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). 

3. Electronic link for DNFSB FOIA Regulations and fee schedule can be found at

http://www.dnfsb.gov/foia-reading-room

III. ACRONYMS, DEFINITIONS, AND EXEMPTIONS

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

acronym used for the 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). 
3 

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. 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, 

such as when no records could be located. 

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

14, the median number is 7. 
4 

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 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 multitrack 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. 

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). 
5 

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.

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 Total Number of Times Relied 

upon by Agency Overall

N/A N/A N/A DNFSB 0 
6 

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

3 19 20 2 

B. (1) Disposition of FOIA Requests – All Processed Requests

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

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

Description of “Other Reasons for Denials from Chart B (1) Number of Times “Other”

Reasons Were Relied Upon

TOTAL

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 

0 0 0 0 2 6 0 0 0 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

1 0 1 0 

 

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 

Agency

Request 

Withdrawn

FeeRelated 

Reason

Records not 

Reasonably 

Described

Improper 

FOIA 

Request 

for Other 

Reason

Not 

Agency 

Record

Duplicate 

Request

Other TOTAL

6 6 1 6 1 0 0 0 0 0 0 0 20 
7 

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 1 0 1

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 

 

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

 N/A 0 

C. (4) Response Time for Administrative Appeals

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

50 50 50 50

C. (5) Ten Oldest Pending Administrative Appeals

10th

Oldest

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

Date 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 
8 

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

12 10.6 1 20 33 36 31 50 N/A N/A N/A N/A

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

14 13 4 20 34 37.25 31 50 N/A N/A N/A N/A

 

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

15 0 0 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

0 4 1 0 0 0 0 0 0 0 0 0 0 5

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

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

 
9 

 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

1 7 7 1 46 46 0 N/A N/A

E. Pending Requests – Ten Oldest Pending Perfected Requests

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

Date of 

Receipt N/A N/A N/A N/A N/A N/A N/A N/A 2015-09-22 2015-05-27

Number of 

days pending 0 0 0 0 0 0 0 0 7 46

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 

0 4 1 2.25 4

B. Requests for Fee Waiver 

Number 

Granted

Number 

Denied

Median Number 

of Days to 

Adjudicate

Average 

Number of 

Days to 

Adjudicate

0 0 N/A N/A

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 CostsTotal Costs

0 0.72 0.72 $64,376.13 $0.00 $64,376.13 
10 

X. FEES COLLECTED FOR PROCESSING REQUESTS

Total Amount of Fees 

Collected

Percentage of Total 

Costs

$0.00 0%

XI. BLANK

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

1 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

0 0 0 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

0 0 0 0 0 0 0 0 0 0 
11 

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

30 19 31 20 

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

2 1

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

1 0 0 1

 

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

0 0