Published on Thursday February 20 2014 (AEST
Travis E. Stills IN RESPONSE REFER TO
Attorney for Tallahassee Area Community FOIAIPA-2014-0007A
1911 Main Ave., Suite 238 (FOIA/PA-2014-0012)
Durango, CO 81301
Dear Mr. Stills:
On behalf of the U.S. Nuclear Regulatory Commission (NRC), I am responding to your letter
received on December 23, 2013, in which you appealed the agency's November 21, 2013,
decision related to your client's October 15, 2013 Freedom of Information Act/Privacy Act
(FOIA/PA) request (FOIA/PA - 2014 - 0012). You appealed the denial of your client's request for a fee waiver. The NRC addresses fee waiver request under Title 10 of the Code of Federal
Regulations (10 CFR) 9.41, "Requests for Waiver or Reduction of Fees." This guidance implements the FOIA fee waiver standard (5 U.S.C. 552(a)(4)(A)(iii)).
In your appeal, you have argued that the requester does not have a commercial interest in obtaining the requested records.
On its face, the Tallahassee Area Community (TAC) is, according to its website, an organization comprised of home owners who assert that uranium mining and exploration will dewater the area and devalue its property values.
TAC asserts on its website that it "stands against the existence of an industrial mining operation in (its) agricultural/forestry neighborhood."
Ostensibly, the records sought from the NRC in the present request, including documents regarding uranium processing technology, such as impact and laser ablation, will directly serve the commercial interests of the requester as described on their website.
However, it is not necessary to reach this conclusion for the reasons explained below.
Acting on your appeal (enclosed as Document 1), I have carefully reviewed the record in the case. I have determined that the NRC received your appeal after the timeframe within which the agency must receive an administrative appeal following a decision by the- agency denying a request for access to records.
1
A requester must submit an administrative appeal according to an agency's regulations, including regulations governing deadlines and procedures for submission.
2
Section 9.29(a) of 10 CFR states the following:
A requester may appeal a notice of denial of a Freedom of Information Act request for access to agency records, denial of a request for waiver or reduction of fees, or denial of a request for expedited processing under this Subpart within 30 calendar days of the date of the NRC's denial.
The NRC received your appeal on December 23, 2013. This was 32 days after the 110 CFR 9.29(a).
2 See, e.g., Imamoto v. SSA, No. 08-00137, 2008 WL 5179104, at 5 (D. Haw. Dec. 9, 2008). T. Stills - 2 - November 21, 2013 response (enclosed as Document 2) that the NRC issued to administratively close your client's underlying request based on your client's failure to pay the fee estimate that the NRC issued to your client on November 5, 2013 (enclosed as Document 3).
Therefore, the NRC denies your appeal as untimely.
This is the NRC's final decision as to your appeal of the fee waiver denial. As set forth in the FOIA (5 U.S.C. 552(a)(4)(B)), judicial review of this decision is available in a district court of the United States in the district in which you reside or have your principal place of business.
You can also obtain judicial review in the district in which the agency's records are situated or in the District of Columbia.
As part of the 2007 FOIA amendments, the Office of Government Information Services (OGIS) was created to offer mediation services to resolve disputes between FOIA requesters and Federal agencies as a nonexclusive alternative to litigation. Using OGIS services does not affect your right to pursue litigation. If you are requesting access to your own records (which is considered a Privacy Act request), you should know that OGIS does not have the authority to handle requests made under the Privacy Act of 1974. You may contact OGIS in any of the following ways:
Office of Government Information Services
National Archives and Records Administration Room 2510
8601 Adelphi Road
College Park, MD 20740-6001
E-mail: ocis(a.nara.,qov
Telephone: 301-837-1996
Facsimile: 301-837-0348
Toll-free telephone: 1-877-684-6448
Sincerely,
Darren B.. Ash
Deputy Executive Director for Corporate
Management and Chief Freedom of Information
Act Officer,
Office of the Executive Director for Operations.
