DEFENSE NUCLEAR FACILITIES SAFETY BOARD

Freedom of Information Act Annual Report

Fiscal Year 2023

February 2024

 

 

 
2 

 

I. BASIC INFORMATION REGARDING REPORT 

A. For questions about the Report, contact:

Toni Reddish

Chief FOIA Officer

Defense Nuclear Facilities Safety Board

625 Indiana Avenue N.W., Suite 700

Washington, DC 20004

(202) 694-7000

FOIA@dnfsb.gov 

B. The Report is available online at the following address:

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

C. Requests for printed copies of the Report should be addressed to the FOIA Public Liaison 

at (202) 694-7000 or FOIA@dnfsb.gov.

II. MAKING A FOIA REQUEST 

A. Written FOIA requests may be addressed to the Chief FOIA Officer at the above mailing 

address or sent by e-mail to FOIA@dnfsb.gov or via the National FOIA Portal at 

https://www.FOIA.gov. 

B. Historically, the Board has provided most of the records that have been requested under 

the FOIA. Sometimes, however, the Board finds it necessary to withhold all or part of a 

responsive record, most frequently because it falls within the scope of FOIA Exemption 6 

(which protects information related to personal privacy interests) or FOIA Exemption 5 

(which covers protected communications, e.g., pre-decisional deliberations or those 

between attorney and client).

C. The most recent version of the Board’s FOIA regulations is available online at: 

https://www.dnfsb.gov/sites/default/files/page/DNFSB%20FOIA%20Regulations.pdf. Its 

fee schedule is at: https://www.dnfsb.gov/foia-reading-room/foia-fee-schedule. 

III. ACRONYMS, DEFINITIONS, AND EXEMPTIONS 

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

used for the Office of the General Counsel.

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

1. 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.

2. 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.

3. 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.

4. 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 
3

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

overall and for each principal component of the agency. The Board does not have any 

components for FOIA purposes.

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

forwards a potentially responsive record to another agency or a component within the 

same agency for its review because that other agency or component has an interest 

in the document. Once the agency or component in receipt of the consultation 

finishes its review of the record, it responds back to the agency or component within 

the same agency that forwarded it. That agency, in turn, will then respond to the FOIA 

requester.

6. 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.

7. 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 individuals are not covered by 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 that 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 request for consultation from another agency. 

(Consultations are reported separately in Section XII of this Report.)

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

request.

9. 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.

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

the median number is 7.

11. 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/firstout basis.

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

basis when a requester satisfies the requirements for expedited processing set 

forth in the statute and in agency regulations.

b. 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 
4

simplicity of the records requested.

c. 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.

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

disclose some 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, 

for example, no records located.

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

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

14. 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.

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

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

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

requests or administrative appeals.

17. 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 following are summaries of the nine FOIA exemptions:

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

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

practices of an agency.

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

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

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

privileges.

6. Exemption 6: Information involving matters of personal privacy.

7. 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.

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

9. Exemption 9: Geological information on wells.
3. Agency Component Abbreviations

Component 

Abbreviation Component Name

DNFSB Defense Nuclear Facilities Safety Board

IV. Exemption 3 Statutes

Statute

Type of 

Information

Withheld

Case Citation Agency / 

Component

Number of 

Times

Relied 

upon

by Agency / 

Component

Total 

Number 

of

Times 

Relied 

upon

by 

Agency 

Overall

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

V.A. FOIA REQUESTS -- RECEIVED, PROCESSED AND PENDING FOIA REQUESTS

Agency / Component

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

DNFSB 2 48 37 13

AGENCY OVERALL 2 48 37 13
V.B.(1). DISPOSITION OF FOIA REQUESTS -- ALL PROCESSED REQUESTS

Agency / 

Component

Number 

of Full 

Grants

Number 

of 

Partial 

Grants / 

Partial 

Denials

Number 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

DNFSB 5 3 0 6 1 1 0 2 15 3 1 0 37

AGENCY 

OVERALL 5 3 0 6 1 1 0 2 15 3 1 0 37

V.B.(2). DISPOSITION OF FOIA REQUESTS -- "OTHER" REASONS FOR "FULL DENIALS BASED ON REASONS OTHER THAN EXEMPTIONS"

Agency / 

Component

Description of "Other" Reasons for Denials from 

Chart B(1)

Number 

of Times 

"Other" 

Reason 

Was 

Relied 

Upon

TOTAL

DNFSB N/A 0 0

AGENCY 

OVERALL 0
V.B.(3). DISPOSITION OF FOIA REQUESTS -- NUMBER OF TIMES EXEMPTIONS APPLIED

Agency / 

Component

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

DNFSB 0 0 0 1 1 2 0 0 0 0 0 0 0 0

AGENCY 

OVERALL 0 0 0 1 1 2 0 0 0 0 0 0 0 0

VI.A. ADMINISTRATIVE APPEALS OF INITIAL DETERMINATIONS OF FOIA REQUESTS -- RECEIVED, PROCESSED, AND PENDING ADMINISTRATIVE 

APPEALS

Agency / 

Component

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

DNFSB 0 0 0 0

AGENCY 

OVERALL 0 0 0 0
VI.B. DISPOSITION OF ADMINISTRATIVE APPEALS -- ALL PROCESSED APPEALS

Agency / 

Component

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

DNFSB 0 0 0 0 0

AGENCY 

OVERALL 0 0 0 0 0

VI.C.(1). REASONS FOR DENIAL ON APPEAL -- NUMBER OF TIMES EXEMPTIONS APPLIED

Agency / 

Component

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

DNFSB 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
VI.C.(2). REASONS FOR DENIAL ON APPEAL -- REASONS OTHER THAN EXEMPTIONS

Agency / 

Component

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

DNFSB 0 0 0 0 0 0 0 0 0 0 0

AGENCY 

OVERALL 0 0 0 0 0 0 0 0 0 0 0

VI.C.(3). REASONS FOR DENIAL ON APPEAL -- "OTHER" REASONS

Agency / 

Component

Description of "Other" Reasons for Denial on 

Appeal from Chart C(2)

Number of 

Times 

"Other" 

Reason 

Was Relied 

Upon

TOTAL

DNFSB N/A 0 0

AGENCY 

OVERALL 0
VI.C.(4). RESPONSE TIME FOR ADMINISTRATIVE APPEALS

Agency / 

Component

Median Number 

of Days

Average 

Number of Days

Lowest Number 

of Days

Highest Number 

of Days

DNFSB N/A N/A N/A N/A

AGENCY 

OVERALL N/A N/A N/A N/A

VI.C.(5). TEN OLDEST PENDING ADMINISTRATIVE APPEALS

Agency / 

Component

10th 

Oldest 

Appeal

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

Appeal

DNFSB

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

AGENCY 

OVERALL

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.A. FOIA REQUESTS -- RESPONSE TIME FOR ALL PROCESSED PERFECTED REQUESTS

Agency / 

Component

SIMPLE COMPLEX EXPEDITED PROCESSING

Median 

Number 

of Days

Average 

Number 

of Days

Lowest 

Number 

of Days

Highest 

Number 

of Days

Median 

Number 

of Days

Average 

Number 

of Days

Lowest 

Number 

of Days

Highest 

Number 

of Days

Median 

Number 

of Days

Average 

Number 

of Days

Lowest 

Number 

of Days

Highest 

Number 

of Days

DNFSB 11 24 1 139 N/A N/A N/A N/A N/A N/A N/A N/A

AGENCY 

OVERALL 11 24 1 139 N/A N/A N/A N/A N/A N/A N/A N/A

VII.B. PROCESSED REQUESTS -- RESPONSE TIME FOR PERFECTED REQUESTS IN WHICH INFORMATION WAS GRANTED

Agency / 

Component

SIMPLE COMPLEX EXPEDITED PROCESSING

Median 

Number 

of Days

Average 

Number 

of Days

Lowest 

Number 

of Days

Highest 

Number 

of Days

Median 

Number 

of Days

Average 

Number 

of Days

Lowest 

Number 

of Days

Highest 

Number 

of Days

Median 

Number 

of Days

Average 

Number 

of Days

Lowest 

Number 

of Days

Highest 

Number 

of Days

DNFSB 10 30 7 139 N/A N/A N/A N/A N/A N/A N/A N/A

AGENCY 

OVERALL 10 30 7 139 N/A N/A N/A N/A N/A N/A N/A N/A
VII.C. PROCESSED SIMPLE REQUESTS -- RESPONSE TIME IN DAY INCREMENTS

Agency / 

Component

<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

DNFSB 10 4 1 0 0 0 1 0 0 0 0 0 0 16

AGENCY 

OVERALL 10 4 1 0 0 0 1 0 0 0 0 0 0 16

VII.C. PROCESSED COMPLEX REQUESTS -- RESPONSE TIME IN DAY INCREMENTS

Agency / 

Component

<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

DNFSB 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
VII.C. PROCESSED REQUESTS GRANTED EXPEDITED PROCESSING -- RESPONSE TIME IN DAY INCREMENTS

Agency / 

Component

<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

DNFSB 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

VII.D. PENDING REQUESTS -- ALL PENDING PERFECTED REQUESTS

Agency / 

Component

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 

Pending

Median 

Number 

of Days

Average 

Number 

of Days

DNFSB 2 51 50 0 N/A N/A 0 N/A N/A

AGENCY 

OVERALL 2 51 50 0 N/A N/A 0 N/A N/A
VII.E. PENDING REQUESTS -- TEN OLDEST PENDING PERFECTED REQUESTS

Agency / 

Component

10th 

Oldest 

Request

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

Request

DNFSB

Date of 

Receipt N/A N/A N/A N/A N/A N/A N/A N/A

2023-

07-24

2023-

07-20

Number 

of Days 

Pending 0 0 0 0 0 0 0 0 48 50

AGENCY 

OVERALL

Date of 

Receipt N/A N/A N/A N/A N/A N/A N/A N/A

2023-

07-24

2023-

07-20

Number 

of Days 

Pending 0 0 0 0 0 0 0 0 48 50

VIII.A. REQUESTS FOR EXPEDITED PROCESSING

Agency / 

Component

Number 

Granted

Number 

Denied

Median 

Number of 

Days to 

Adjudicate

Average 

Number of 

Days to 

Adjudicate

Number 

Adjudicated 

Within Ten 

Calendar 

Days

DNFSB 0 0 N/A N/A 0

AGENCY 

OVERALL 0 0 N/A N/A 0
VIII.B. Requests for Fee Waiver

Agency / 

Component

Number 

Granted Number Denied

Median Number 

of Days to 

Adjudicate

Average 

Number of Days 

to Adjudicate

DNFSB 2 0 2 2

AGENCY 

OVERALL 2 0 2 2

IX. FOIA Personnel and Costs

Agency / 

Component

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

DNFSB 0 0.50 0.50 50000.00 0.00 50000.00

AGENCY 

OVERALL 0 0.50 0.50 50000.00 0.00 50000.00
X. Fees Collected for Processing Requests

Agency / 

Component

Total Amount 

of Fees 

Collected

Percentage of 

Total Costs

DNFSB 0.00 0.0000

AGENCY 

OVERALL 0.00 0.0000

XI.A. Number of Times Subsection (C) Used

Agency / 

Component Number of Times Subsection Used

DNFSB 0

AGENCY OVERALL 0
XI.B. Number of Subsection (A)(2) Postings

Agency / 

Component

Number of 

Records Posted 

by the FOIA 

Office

Number of 

Records Posted 

by Program 

Offices

DNFSB 5 438

AGENCY 

OVERALL 5 438

XII.A. Backlogs of FOIA Requests and Administrative Appeals

Agency / 

Component

Number of 

Backlogged 

Requests as of 

End of Fiscal 

Year

Number of 

Backlogged 

Appeals as of 

End of Fiscal 

Year

DNFSB 2 0

AGENCY 

OVERALL 2 0
XII.B. CONSULTATIONS ON FOIA REQUESTS -- RECEIVED, PROCESSED, AND PENDING CONSULTATIONS

Agency / 

Component

Number of 

Consultations 

Received from 

Other Agencies 

that were 

Pending at the 

Agency as of 

Start

of the Fiscal 

Year

Number of

Consultations 

Received from 

Other Agencies 

During the Fiscal 

Year

Number of 

Consultations 

Received from 

Other Agencies 

that were 

Processed by 

the Agency 

During the Fiscal 

Year

Number of 

Consultations 

Received from 

Other Agencies 

that were 

Pending at the 

Agency as of 

End

of the Fiscal 

Year

DNFSB 0 3 3 0

AGENCY 

OVERALL 0 3 3 0

XII.C. CONSULTATIONS ON FOIA REQUESTS -- TEN OLDEST CONSULTATIONS RECEIVED FROM OTHER AGENCIES AND PENDING AT THE AGENCY

Agency / 

Component

10th Oldest 

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

DNFSB 

Date N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A

Number 

of Days 0 0 0 0 0 0 0 0 0 0 

AGENCY 

OVERALL

Date N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A

Number 

of Days 0 0 0 0 0 0 0 0 0 0 
XII.D.(1). COMPARISON OF NUMBERS OF REQUESTS FROM PREVIOUS AND CURRENT ANNUAL REPORT -- REQUESTS RECEIVED AND 

PROCESSED

Agency / 

Component

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

DNFSB 26 48 25 37

AGENCY 

OVERALL 26 48 25 37

XII.D.(2). COMPARISON OF NUMBERS OF REQUESTS FROM PREVIOUS AND CURRENT ANNUAL REPORT -- BACKLOGGED REQUESTS

Agency / 

Component

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

DNFSB 2 2

AGENCY 

OVERALL 2 2 
XII.E.(1). COMPARISON OF NUMBERS OF ADMINISTRATIVE APPEALS FROM PREVIOUS AND CURRENT ANNUAL REPORT -- APPEALS RECEIVED 

AND PROCESSED

Agency / 

Component

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

DNFSB 0 0 0 0

AGENCY 

OVERALL 0 0 0 0 

XII.E.(2). COMPARISON OF NUMBERS OF ADMINISTRATIVE APPEALS FROM PREVIOUS AND CURRENT ANNUAL REPORT -- BACKLOGGED 

APPEALS

Agency / 

Component

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

DNFSB 0 0

AGENCY 

OVERALL 0 0