§ 9.23 — Requirements For Making Requests

(a) In general. Subject to the application of the FOIA exemptions and exclusions (5 U.S.C. 552(b) and (c)), the NRC will promptly make its records available to any person pursuant to a request that conforms to the rules and procedures of this section.

(b) Form of request. A request will receive the quickest possible response if it is addressed to the NRC and addressed as a “Freedom of Information Act Request.” A request for records of the NRC must be made in writing and may be submitted in one of the following ways:

(1) By mail or delivery service to the U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001;

(2) By email to FOIA.Resource@nrc.gov, or other electronic means described on the FOIA page of the NRC's website (https://www.nrc.gov); or

(3) Electronically to the National FOIA Portal at https://www.foia.gov.

(c) Content of the request. (1) To ensure the NRC's ability to respond in a timely manner, a requester must describe each record sought in sufficient detail to enable NRC personnel knowledgeable about the subject matter to locate the record with a reasonable amount of effort. To the extent possible, requesters should include specific information that may help the NRC identify the requested records, such as the date, title or name, author, recipient, subject matter of the record, case number, docket number, file designation, or other reference number.

(2) If after receiving a request the NRC determines that it does not reasonably describe the records sought, the NRC will inform the requester what additional information is needed or why the request is otherwise insufficient. If a request does not reasonably describe the records sought, the agency's response to the request may be delayed.

(3) To ensure the NRC's ability to communicate effectively with a requester, a request must include contact information for the requester, including the name of the requester and, to the extent available, a mailing address, telephone number, and email address at which the NRC may contact the requester regarding the request.

(4) A requester may specify the preferred form or format (including an electronic format) for the records they seek. The NRC will accommodate the requester's preference if the record is readily reproducible in that form or format.

(5) A requester must indicate in the request whether the requester is a commercial user, an educational institution, a non-commercial scientific institution, a representative of the news media, or “other” requester as those terms are defined in § 9.13, and the basis for claiming that fee category as described in § 9.37.

(6) If a requester seeks a waiver or reduction of fees associated with processing a request, then the request must include a statement to that effect as required by § 9.37.

(7) If a requester seeks expedited processing of a request, then the request must include a statement to that effect as required by § 9.26.

(d) Perfected requests; effect of request deficiencies. For purposes of computing its deadline to respond to a request, the NRC will deem a request to have been received only if, and on the date that, it receives a request that complies with paragraphs (b) and (c) of this section. If a request is deficient in any material respect, then the NRC may return it to the requester and if it does so, it will advise the requester in what respect the request is deficient, and what additional information is needed to respond to the request. A determination by the NRC that a request is deficient in any respect is not a denial of a request for records and such determinations are not subject to appeal. If a requester fails to respond within 30 days after the NRC's notification that a request is deficient, the NRC will deem the request withdrawn.

(e) Requests for NRC records pertaining to the requester. An individual who wishes to inspect or obtain copies of records of the NRC that pertain to that individual must provide identity verification in accordance with § 9.54.

(f) Requests for NRC records pertaining to an individual other than the requester. Where a request for records pertains to a third party, a requester may receive greater access by submitting either a notarized authorization signed by that individual or a declaration made in compliance with the requirements set forth in 28 U.S.C. 1746 by that individual authorizing disclosure of the records to the requester, or by submitting proof that the individual is deceased (e.g., a copy of a death certificate or an obituary). As an exercise of administrative discretion, the NRC may require a requester to supply additional information if needed to verify that a particular individual has consented to disclosure.

(g) Assistance from FOIA Public Liaison. Requesters may contact the NRC's FOIA Public Liaison to seek assistance in determining the appropriate fee category, formatting of requests, or resolving any problems that arise prior to submitting a request or during the processing of a request, in accordance with § 9.30.

(h) Requests for records not in NRC control or possession. In determining which records are responsive to a request, the NRC ordinarily will include only records in its possession as of the date the NRC begins its search for the records. If any other date is used, the NRC will inform the requester of that date. A FOIA request covers only agency records that are in existence on the date the perfected request is received under this section and does not cover agency records destroyed, discarded, or transferred to the National Archives and Records Administration before receipt of the request, or which are created after the date of the request.