1 

DEFENSE NUCLEAR FACILITIES SAFETY BOARD 

Freedom of Information Act Report for 

October 1, 2013 

through 

September 30, 2014 

January 2015 
2 

I. BASIC INFORMATION REGARDING REPORT 

A. For questions about the report, contact: 

 Andrew L. Thibadeau 

Information Officer 

Defense Nuclear Facilities Safety Board 

625 Indiana Avenue N.W., Suite 700 

Washington, DC 20004 

(202) 694-7088 

foia@dnfsb.gov 

B. Electronic link for access to the Report on the agency Web site: 

Defense Nuclear Facilities Safety Board Annual FOIA Report FY14 

C. To obtain a paper copy of this report please contact Mr. Thibadeau by phone or email. 

II. MAKING A FOIA REQUEST 

A. All FOIA requests to the Board should be directed to Mr. Thibadeau at the street or email 

addresses given above. 

B. 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 

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

for Office of General Counsel. 

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

i. 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. 

ii. Average Number – 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 

iii. 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. 

iv. 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. 

v. 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. 

vi. 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” request) 

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). 

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

request. 

viii. 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). 

ix. Median Number – the middle, not the average, number (e.g., of the sequence of 

numbers 3, 7, 9, 11 and 14, the median number is 9). 

x. 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 another track. Requests granted expedited processing are placed 

in yet another track. Requests in each track are processed on a first in/first out basis. 
4 

(1) 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. 

(2) 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. 

(3) 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. 

xi. 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). 

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

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

xiii. 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. 

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

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

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

requests or administrative appeals. 

xvi. 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). 

C. The nine FOIA exemptions are described as follows: 

i. Exemption 1: Classified national defense and foreign relations information. 

ii. Exemption 2: Information that is related solely to the internal personnel rules and 

practices of an agency. 

iii. Exemption 3: Information that is prohibited from disclosure by another federal law. 

iv. Exemption 4: Trade secrets and other confidential business information. 

v. Exemption 5: Inter-agency or intra-agency communications that are protected by 

legal privileges. 
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vi. Exemption 6: Information involving matters of personal privacy. 

vii. Exemption 7: Records or information compiled for law enforcement purposes, to the 

extent that the production of those records: 

(1) could reasonably be expected to interfere with enforcement proceedings; 

(2) would deprive a person of a right to a fair trial or an impartial adjudication; 

(3) could reasonably be expected to constitute an unwarranted invasion of 

personal privacy; 

(4) could reasonably be expected to disclose the identity of a confidential source; 

(5) would disclose techniques and procedures for law enforcement investigations 

or prosecutions, or would disclose guidelines for law enforcement 

investigations or prosecutions; or 

(6) could reasonably be expected to endanger the life or physical safety of any 

individual. 

viii. Exemption 8: Information relating to the supervision of financial institutions. 

ix. Exemption 9: Geological information on wells. 

IV. EXEMPTION 3 STATUTES 

Statute 

Type of 

Information 

Withheld 

Case 

Citation 

Agency/ 

Component 

Total Number of Times 

Relied upon by 

Agency/Component 

Total Number of 

Times Relied upon 

by Agency Overall 

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

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 30 31 2 
6 

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” 

Description of “Other Reasons for Denials” 

from Chart B (1) 

Number of Times “Other” 

Reason Was 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 4 14 1 0 0 0 1 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 1 0 1 

 

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 

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 

 Request 

for Other 

Reason

Not 

Agency 

Record 

Duplicate 

Request 

Other Total 

5 11 4 5 1 3 0 0 1 0 1 0 31 
7 

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 

Description of “Other” Reasons for Denial on Appeal from Chart C (2) & Number of Times 

Those Reasons Were Relied Upon 

TOTAL

Description N/A 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 

 10th

Oldest 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 N/A 2014-09-03 

Number 

of Days 

Pending 

0 0 0 0 0 0 0 0 0 27 
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 

AGENCY 

OVERALL 16 30.48 1 256 0 0 0 0 18 18 3 35 

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 16 22.33 1 75 0 0 0 0 16 13 3 20 

 

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 18 2 2 2 0 0 0 0 0 0 1 0 0 25 

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 4 2 0 0 0 0 0 0 0 0 0 0 0 6 

 
9 

D. Pending Requests – All Pending Perfected Requests 

SIMPLE COMPLEX EXPEDITED PROCESSING 

Number 

of Days 

Pending 

Median 

Number 

of Days 

Average 

Number 

of Days 

Number 

of Days 

Pending 

Median 

Number 

of Days 

Average 

Number 

of Days 

Number 

of Days 

Pending 

Median 

Number 

of Days 

Average 

Number 

of Days 

AGENCY 

OVERALL 2 22.5 22.5 0 N/A N/A 0 N/A N/A 

E. Pending Requests – Ten Oldest Pending Perfected Request

 10th

Oldest 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 N/A 2014-08-21 

Number 

of Days 

Pending 

0 0 0 0 0 0 0 0 0 27 

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 

6 1 17 18 2 

B. Requests for Fee Waiver 

No. Granted No. Denied Median No. of Days to Adjudicate Average No. of Days to Adjudicate 

7 0 15 24 

IX. FOIA PERSONNEL AND COSTS 

 

PERSONNEL COSTS 

No. of “Full-Time 

FOIA Employees” 

No. of Equivalent “FullTime FOIA Employees” Total No. of “FullTime FOIA Staff” Processing 

Costs 

LitigationRelated Costs Total 

Costs 

0 0.51 0.51 $51,946.33 $0.00 $51,946.33 
10 

X. FEES COLLECTED FOR PROCESSING REQUESTS 

Total Amount of Fees Collected Percentage of Total Costs 

AGENCY OVERALL $2,410.88 4.64% 

XI. FOIA REGULATIONS 

 The electronic link to the Board’s FOIA regulations: 

http://www.dnfsb.gov/sites/default/files/Pages/FOIA%20Reading%20Room/1703%20Public%20i

nformation%20and%20requests.pdf 

 

The electronic link to the Board’s fee schedule: 

http://www.dnfsb.gov/sites/default/files/060614_Vol_79_No_106_FOIA_Fee_Schedule_2014-

12762.pdf 

 

XII. BACKLOGS, CONSULTATIONS, AND COMPARISONS 

 A. Backlogs of FOIA Requests and Administrative Appeals 

No. of Backlogged Requests as of End of FY No. of Backlogged Appeals as of End of FY 

2 1 

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 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 N/A N/A 

Number 

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 

17 30 14 31 

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 

3 2 

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

0 1 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 

0 1