DEFENSE NUCLEAR FACILITIES SAFETY BOARD

Freedom of Information Act

Report for

October 1, 2009

through

September 30, 2010

January 2011
l. BASIC INFORMATION REGARDING REI'ORT

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 2010 on the World Wide Web:

http://www.dnfsb.gov/foia/documents/arfa 20 JO.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

I. 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 ofthe 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

I. 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 ofterms are used in this report:

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

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

b. Average Number- the number obtained by dividing the sum ofa 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. 8ncklog - the number ofrcquests or administrative appeals that arc pending at an agency

at thc end ofthe 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 proccsses FOJA requests. The FOJA now requires that

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

cach principal component ofthe agency.

e. Consultntion - the procedure whereby the agency responding to a rOIA request first

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

interest in the document. Once the agency in receipt ofthe consultation finishes its review

ofthc record, it responds back to the agency that forwarded it. That agency, in turn, will

then respond to the FOIA rcquestcr.

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) ofthc FOIA.

g. FOJA Request - a rOJA request is generally a request to a federal agency for access to

records concerning another person (i.c., a "third-party" request), or concerning an

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

by rcquesters seeking records conccrning themselves (i.e., "first-party" requests) when

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

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

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

any first-party requcsts where an agency determines that it must scarch beyond its Privacy

Act "systems of records" or where a Privacy Act exemption applies, and the agency looks

to FOJA to afford thc grcatest possible access. All requests which rcquire the agency to

utilizc the FOIA in responding to the requester arc included in this Report.

Additionally, a rOJA request includes records refcrred to thc agency for processing and

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

agency has reccived a consultation trom another agency. (Consultations are reported

separately in Section XII of this Report).

h. Full Grnnt - an agency decision to disclose all records in full in response to a FOJA

request.

I. Full DeninJ- an agency decision not to release any rccords in response to a FOJA request

bccause the records are exempt in thcir cntireties under one or more of the FOJA

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

J. Medinn Number - the middle, not the average, numbcr. For cxample, of 3, 7, and 14,

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the median number is 7.

k. Multi-Track Processing - a system in which simple requests requiring reiatively

minimal review are placcd in one processing track and morc voluminous and complex

requests arc placed in one or more other tracks. Requests granted expedited proccssing

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

basis.

1. Expedited P"oeessing - an agency will process a FOIA requcst on an expedited

basis when a requester satislies the requirements for expedited processing as sct

forth in the statute and in agency rcgulations.

11. Simple Request - a ForA request that an agcncy using multi-track processing

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

simplicity ofthc records requested.

111. Complex Request - a FOIA rcquest that an agency using multi-track processing

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

records requested.

I. Partial Grant/Pnrtial DeniaJ- in response to a FOIA requcst, an agency decision to

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

FOTA, or to otherwise deny a portion ofthe request for a procedmalrcason.

m. Pending Request or Pending Administrative AppenJ- a request or administrative

appcal 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 publishcd rules stating the time, place, fees (if any) and

procedures to be followcd.

o. Processed Request or Processed Administrative AppeaJ- a request 01' administrative

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

p. Range in Number of Days -the lowcst 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 FOJA request

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

3. The ninc ForA exemptions are describcd as follows:

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

b. Exemption 2: internal agency rules and practices.

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

d. Exemption 4: trade sccrets 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 mallers of personal privacy.

g. E"emption 7: records or information compiled Jor 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 sourcc, (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 expectcd to endanger the life or

physical safety of any individual.

h. Exemption 8: information rclating 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 Infomlation

Statnte Type of Information Case Citation Number of Times Total Number of

Withheld Relied upon per Times Relied

Component unon bv 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. Rcceivcd, Processed, and Pending FOIA Rcquests

Number of Requests Number of Number of Number of

Pending as of Start Requests Requests Requests

of Fiscal Year Received in Processed in Pending as of

Fiscal Year Fiscal Year End of Fiscal

Year

OGM 0 14 14 0

OGC 0 5 5 0

AGENCY OVERALL 0 19 19 0

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B. (I) Disposition ofFOlA Requests - All Processed Requests

No. of No. of No. of

Full Partial 1'\111

Grants (iralll!ll Denials

Pilrtial n:l~d Numbcl' of I'ulll)cniliis IJHscd on r{caslln~ Othtr thall Exemptions Denials 00

Exemptions

No All Records Request I~cc· ]{cci)l'ds 1101 Improper Not Duplicate OII1l!f TOTAL

RCl:ords Referred 10 Wilh- Related Reasonably l·nlA Agel'l(;y Request ·E.xplnin

An~hct dr,lwn Rcasnn Dc~ribcd Requesl Record InCh:lR

COlllponclll for OIher I3clow

or Agcm;y Reason

OGM

2 ] 0 8 I 0 0 II 0 0 0 0 14

OGC

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

Agency 4 4 0 III 1 0 0 0 1I 0 0 0 19

OverAll

13. (2) Disposition of FOlA Requests - "Other" Reasons for "Full Denials Based on Reasons

Other than Exemptions" from Section V, B (I) Chart.

Component Description of "Other Reasons for TOTAL

Denials from Chart 8 (1) &

Number of Times Those Reasons

Were Relied UOOII

OeM 0 0

oec 0 0

B. (3) Disposition ofFOIA Requests - Number of Times Exemptions Applied

Ex. 1 Ex. 2 Ex.3 Ex.4 Ex.5 Ex.6 Ex.7 Ex.8 Ex. 9

OeM 0 0 0 1 0 0 0 0 (I

oec 0 0 0 0 (I 2 0 0 0

AGENCY OVERALL (I (I 0 1 0 2 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 Number of Appeals Number of Appeals Number of Appeals

Pending liS of Start of Received in Fiscal "rocessed in Fiscal Year Pending as of End of

Fiscal Year ¥ear Fiscal ¥elll'

0 I I 0

B. Disposition of Administrative Appeals - All Processed Appeals

Number Number Partially Number Completely Number of TOTAL

Affirmed on Affirmed & Partially Reversed/Remanded Appeals Closed for

Appeal Reversed/Remanded on Appeal Other Reasons

on Appeal

0 0 0 1 1

C. (I) Reasons for Denial on Appeal - Number ofTimes Exemptions Applied

Ex. Ex. Ex. Ex. Ex. Ex. Ex. Ex. Ex. Ex. Ex. Ex. Ex. Ex.

I 2 3 4 5 6 7(A) 7(8) 7(C) 7(0) 7(E) 7(F) 8 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 Request Fee- Records Improper Not Duplicate Request Appeal Other

Records Referred \Vithdrawn Related not Request Agency Request in Based *Explnin

at InUinl Reason Reasonably for Other Record or Litigation Solely on in Chart

Request Described Reasons Appeal Denial of Below

Level Request

for

EXI)cdited

Prot.essin!!

I 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" Rellsons for Denial on TOTAL

Appeal from Chart C (2) & Number of Times

Those Reasons Were Relied Upon

Description 0 0

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C. (4) Response lime for Administrative Appeals

Median Average Number of Lowest Numbcr of Highest Number of

Number of Days Days Days

Davs

11 11 11 11

C. (5) Ten Oldest Pending Administrative Appeals

Oldest

Appeal

4 3'" 2'" th 6th 9th 10th

Oldest

A I ~DDea

Date of

Receipt

ofTcn 0 0 0 0 0 0 0 0 0 0

Oldest

AJlJleals

Number 0 0 0 0 0 0 0 0 0 0

of Days

Pending

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 Average Lowest Highest Median Average Lowest Highest Median Average Lowest Highest

No. of No. of No. of No. of No. of No. of No. of No. of No. of No. of No. of No. of

Days Days Days Days Days Days Days Days Days Days Days Days

OGM

2 6 <I 29 47 47 47 47 0 0 0 0

OGC

II 11 4 16 0 0 0 0 0 0 0 0

AGENCY

OVERALL 5 7 <I 29 47 47 47 47 0 0 0 0

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

SIMPLE COMPLEX EXPEDITED PROCESSING

Median Average Lowest Highest Median Average Lowest Highest Median Average Lowest Highest

No. of No. of No. of No. of No. of No. of No. of No. of No. of No. of No. of No. of

Days Days Days Days Days Days Days Days Days Days Days Days

OGM 5 5 1 8 47 47 47 47 N/A N/A N/A N/A

oec 7 7 4 9 0 0 0 0 N/A N/A N/A N/A

AGENCY

OVERALL 6 6 1 9 47 47 47 47 N/A N/A N/A N/A

C. Processed Requests - Response Time in Day Increments

Simple Requests

1-20 21- 41- 61- 81- 101- 121- 141- 161- 181- 201- 301- 401+ Total

Days 40 60 80 100 120 140 160 180 200 300 400 Days

Days Days Days Days Days Days Days Dnys DaYS Days Days

OGM 12 1 0 0 0 0 0 0 0 0 0 0 0 13

OGC 5 0 0 0 0 0 0 0 0 0 0 0 0 5

AGENCY 17 1 0 0 0 0 0 0 0 0 0 0 0 18

OVERALL

Complex Requests

1-20 21- 41- 61- 81- 101- 121- 141- 161- 181- 201- 301- 401+ Total

Days 40 60 80 100 120 140 160 180 200 300 400 Days

Days Days Days Days Days Days Days Days Days Days Days

OGM 0 0 1 0 0 0 0 0 0 0 0 0 0 I

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

AGENCY 0 0 1 0 0 0 0 0 0 0 0 0 0 I

OVERALL

Requests Granted Expedited Processing

1-20 21- 41- 61- 81- 101- 121- 141- 161- 181- 201- 301- 401+ Total

Days 40 60 80 100 120 140 160 180 200 300 400 Days

Days Days Days Days Days Days Days Days Days Days Days

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

OVERALL

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D. Pending Requests - All Pending Perfected Requests

SIMPLE COMPLEX EXPEDITED PROCESSING

Number Median Average Number Median Average Numbe.-or Median Average

Pending Number of Number Pending Number Number Days Number Number of

Days of Oavs of Days of Davs Pendin~ of Davs Davs

OGM 0 N/A N/A 0 N/A N/A 0 N/A N/A

OGC 0 N/A N/A 0 N/A N/A 0 N/A N/A

AGENCY 0 N/A N/A 0 N/A N/A 0 N/A N/A

OVERALL

E. Pending Requests - Ten Oldest Pending Perfected Requests

10'h 9'h 8'" 7'" 6'h 5" 4'" 3'" 2nd Oldest

Oldest Request

Request & No.

& No. of Days

of Days Pending

Pending

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

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

10'h 9'h 8'" 7'" 61h 5'" 4'" 3'· 2nd Oldest

Oldest Request

AGENCY Request &No.

OVERALL & No. of Days

of Days Pending

Pendin!!

N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A

VIII. REQUESTS FOR EXPEDITED PROCESSING AND REQUESTS FOR FEE WAIVER

A. Requests for Expedited Processing

No. No. Denied Median No. of Days Average No. Adjudicated

Granted to Adjudicate No. of Within Ten Calendar

Days to Days

Adjudicate

OGM 0 0 N/A N/A N/A

OGC 0 0 N/A N/A N/A

AGENCY 0 0 N/A N/A N/A

OVERALL

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B. Requests for Fee Waiver

Number Number Denied Median Number of Average

Granted Days to Adjudicate Number of

Days to

Adiudicate

OGM 4 0 N/A N/A

OGC 0 0 N/A N/A

AGENCY OVERALL 4 0 N/A N/A

IX. FOIA PERSONNEL AND COSTS

A. Personnel and Costs

PERSONNEL COSTS

Number of Numbel' of Total Processing Litigation- Total Costs

iiFull-Time Equivnlent Number of Costs Related Costs

FOIA "Full-Time "Full-Time

Employees" FOIA FOiA Staff"

Employees"

OGM .05 .05 .05 $2,608.50 $0.00 $2,608.50

oee .01 .01 .01 $1,904.00 $0.00 $1,904.00

AGENCY .06 .06 .06 $4,512.50 $0.00 $4,512.50

OVERALL

X. FEES COLLECTED FOR PROCESSING REQUESTS

Total Amount of Fees Collected Percentae.e of Total Costs

OGM 0 0%

OGC 0 0%

AGENCY OVERALL 0 O'Vo

XI. FOIA REGULATIONS

The electronic link to the Board's FOIA regulations is: htt ://www.dnfsb. ov/foialdocuments/foiacfT. df

The electronic link to the Board's fee schedule is: htt ://www.dnfsb. 'ov/foialfee. h

I I
XII. BACKLOGS, CONSULTAnONS, AND COMPARISONS

A. Backlogs of FOJA Requests and Administrative Appeals

Numbcl' of Backloggcd Rcqucsts Numbcr of Backloggcd Appcals

ns of End of Fiscnl Vcnr as of End of Fiscal Veal'

OGM 0 ()

OGC 0 ()

AGENCV OVERALL () ()

B. Consultations on FOJA Requests - Received, Processed, and Pending Consultations

No. of Consultations No. of Consultatious No. of Cousultations No. of Consultations

Rec'd from Olher Rec'd from Olher Rec'd from Olher Rec'd from Olher

Agencies that Were Agencies During the Agencies that Were Agencies thnt Were

Pending at VOIII' Fiscal Vear Processed by Vou r Pending at Your

Agency as of Sta,1 Agency During the Agency as of the

of the Fiscnl Venr Fiscnl Yenr End of the Fiscal

Vear

OGM () 1 I ()

OGe 0 0 0 0

AGENCV () I I ()

OVERALL

C. Consultations on FOJA Requests - Ten Oldest Consultations Received 11'0111 Other

Agencies and Pending at DNFSB

10'" Oldest 9'h 8th 71h 6th 51h 4111 3'· 2"il Oldest

Consultation Consultnlion

and No. of and No. of

Days Days

Pendin!: I'endin!:

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

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

J2
10" Oldest 9'h 8'h 7"' 6" 5111 4" 3'· 2nd Oldest

Consultation Consultation

and No, of and No, of

AGENCY Days Days

OYERALL Pending Pending

N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A

D. Comparison ofNumbers of Requests from Previous and Current Annual Report - Requests

Received, Processed, and Backlogged

NUMBER OF REQUESTS RECEIVED NUMBER OF REQUESTS PROCESSED

Number Received Number Received Number Processed Numbe,' Proecsscd

During Fiscal Year During Fiscal Year During Fiscal Ycar During Fiscal Year

from Last Year's from Current from Last Year's from Current Annulli

Annual Rcport Annual Repo,'t AnnUlll Report RCJlort

OGM 12 14 12 14

OGC 4 5 4 5

AGENCY 16 19 16 19

OVERALL

Number of Backlogged Number of Backlogged Requests as of

Requests as of End of End of thc Fiscal Yellr from Current

the Fiselll Yelll' from Annual RellOrt

Pl'evious Annual RCJlort

OGM 0 0

OGC 0 0

AGENCY 0 0

OVERALL

Thc numbers received and processed from last year's 2009 rep0l1 should have been a total of 16, rather than 13.

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E. Comparison ofNumbers ofAdministrative Appeals from Previous and Current Annual

Report - Appeals, Received, Processed, and Backlogged

NUMBER OF APPEALS IlECEIVED NUMBER 01<" APPEALS PROCESSED

NumbCl" Received Numbe.. Received Numbe.. Pmcessed Numbe.. Pmcessed

Du..ing Fisclli Yell.. Du..ing Fiselll Yell.. During Fiselll Yell.. During Fiselll Yellr

f..om Lllst Yellr's f..om Cu ..reut from Lllst Year's from Current Annual

Annual Report Annual Repo..t Auuual Repo..t Repo..t

OGM 0 0 0 0

OGC 0 I 0 1

AGENCY 0 1 () 1

OVERALL

Numbe.. of Backlogged Numbe.. of DaekJogged Appeals as of

Allpeals as of F:nd of the End of the Fiscal Yea.. f..om Cu....ent

Fiscal Yea.. fmm P..evious Annulll Rep0l1

Annulll Repo..t

OGM () ()

OGC 0 0

AGENCY 0 0

OVERALL

F. Other FOIA Activities

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

dl1l'ing the fiscal year, and created a website link that may be accessed from the Board's

FOIA page. Additionally, the Board complied with the Department of Justice's

requirement to compile annual FOIA report data from fiscal years 2008 and 2009 for

placement on the Department of Justice's future interactive website.

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