§ 9.27. Responses to requests.
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/us/cfr/t10/s§ 9.27·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)In general. The NRC, to the extent practical, will communicate electronically with requesters having access to the internet, through online platforms such as email or web portal.
(b)Acknowledgment of requests. The NRC will acknowledge the request in writing and assign it an individualized tracking number if it will take longer than 10 working days, as defined in § 9.3, to process. The acknowledgment letter will contain the following information:
(1)The applicable tracking number;
(2)The date of receipt, as determined in accordance with § 9.23;
(3)A brief statement identifying the subject matter of the request; and
(4)Confirmation, with respect to any fees that may apply to the request pursuant to § 9.37, that the requester has sought a waiver or reduction in such fees, has agreed to pay any and all applicable fees, or has specified a higher limit that the requester is willing to pay in fees to process the request.
(c)Estimated dates of completion and interim responses. Upon request, the NRC will provide an estimated date by which the agency expects to provide a response to the requester. If a request involves a voluminous amount of material, or searches in multiple locations, the NRC may provide interim responses, releasing the records on a rolling basis.
(d)Grants of requests. Once the NRC determines it will grant a request in full or in part, it will notify the requester in writing. The NRC will also inform the requester of any fees charged under § 9.37 and disclose the requested records to the requester promptly upon payment of any applicable fees.
(e)Adverse determinations of requests. The NRC will notify the requester, in writing, if the NRC makes an adverse determination denying a request in any respect, and include in its decisions that: the requested record is exempt, in whole or in part; the request does not reasonably describe the records sought; the information requested is not a record subject to the FOIA; the requested record does not exist, cannot be located, or has been destroyed; or the requested record is not readily reproducible in the form or format sought by the requester. Adverse determinations also include denials involving fees or fee waiver matters or denials of requests for expedited processing.
(f)Content of denial. The denial must be signed by the Freedom of Information Act and Privacy Act Officer or designee and must include:
(1)The name and title or position of the person responsible for the denial;
(2)A brief statement of the reasons for the denial, including any FOIA exemption applied by the head of the office recommending denial of the record;
(3)An estimate of the volume of any records or information withheld, such as the number of pages or some other reasonable form of estimation, although such an estimate is not required if the volume is otherwise indicated by deletions marked on records that are disclosed in part or if providing an estimate would harm an interest protected by an applicable exemption;
(4)A statement that the denial may be appealed under § 9.29, and a description of the appeal requirements; and
(5)A statement notifying the requester of the assistance available from the agency's FOIA Public Liaison, and the dispute resolution services offered by OGIS in accordance with § 9.25(c).
(g)Markings on released documents. Records disclosed, in part, will be marked to show the amount of information deleted and the exemption under which the deletion was made unless doing so would harm an interest protected by an applicable exemption. The location of the information deleted must also be indicated on the record, if technically feasible.
(h)Discretionary disclosures. Even though a FOIA exemption may apply to records requested, the NRC may, if not precluded by law, elect not to apply the exemption. The fact that the exemption is not applied by the NRC in response to a particular request will have no precedential significance in processing other requests.