§ 9.37 — Fees For Processing Nrc Foia Requests

(a) In general. The NRC may charge fees for processing a FOIA request. The NRC will determine whether and to what extent to charge a requester the fees described in this paragraph by determining a fee category for the requester (see paragraph (b) of this section) and then by charging the requester those fees applicable to the assigned category (see paragraph (c) of this section), unless circumstances exist (see paragraph (d) of this section) that render fees inapplicable or unless the requester has requested and the NRC has granted a reduction in or waiver of fees (see paragraph (e) of this section).

(1) The NRC will generally respond to a request electronically. Except where a requester specifically asks that the NRC provide released records in paper format, or where the records must be scanned to process the records, the NRC will ordinarily not charge duplication fees. However, where a requester asks that the NRC provide released records in paper format, or where scanning records into a digital format is necessary to process the records, the NRC will charge a requester the fees for the cost of printing or copying records at the rate of $0.20 per page.

(2) The NRC will charge the following hourly rates for search and review of agency records by NRC personnel, rounded up to the nearest full hour:

(i) Clerical search and review at a salary rate that is equivalent to a GG-9/step 7, plus 16 percent fringe benefits;

(ii) Professional/managerial search and review at a salary rate that is equivalent to a GG-14/step 7, plus 16 percent fringe benefits; and

(iii) Senior executive or Commissioner search and review at a salary rate that is equivalent to an ES-Maximum, plus 16 percent fringe benefits.

(3) Search costs will be assessed even if no records are located, or, if records are located, all are exempt from disclosure.

(4) The NRC will honor the requester's preference for receiving records in a particular format whenever the NRC can readily reproduce the record in that format.

(b) Categories of requesters. (1) Within 20 calendar days of the receipt of a request, the NRC will determine the proper fee category that applies to a requester. The NRC will inform the requester of the determination in writing. Where the NRC has reasonable cause to doubt the use to which a requester will put the records sought or where that use is not clear from the request itself, the NRC will seek additional clarification before assigning the requester to a specific category.

(2) The requester will have the right to submit an appeal of the NRC's determination of fee category in accordance with § 9.29. The NRC will communicate this appeal right as part of its written determination of one of the following fee categories:

(i) Commercial user.

(ii) Educational institution.

(iii) Noncommercial scientific institution.

(iv) Representative of the news media.

(v) Other requester.

(c) Fees applicable to each category of requester. The following fee schedule applies to requests processed under the FOIA. Specific levels of fees are prescribed for each category of requester identified in paragraph (b)(2) of this section.

(1) Commercial users will be charged the full direct costs of searching for, reviewing, and duplicating the requested records.

(i) When a request is received for a disclosure that is primarily in the commercial interest of the requester, the NRC will not consider a request for a waiver or reduction of fees based upon the assertion that disclosure would be in the public interest. The NRC may recover the cost of searching for and reviewing records even when there is ultimately no disclosure of records or no records are located.

(ii) The NRC will not charge commercial use requesters for review at the administrative appeal stage of exemptions applied at the initial review stage. However, any costs associated with an agency's re-review of withheld information may be assessed as review fees.

(2) Educational and non-commercial scientific institution requesters will be charged only for the cost of duplicating records they request, except that the NRC will provide the first 100 pages of duplication free of charge.

(3) Representatives of the news media will be charged only for the cost of duplicating the records they request, except that the NRC will provide the first 100 pages of duplication free of charge.

(4) Other requesters who do not fit any of the categories described in paragraphs (c)(1) through (3) of this section will be charged the full direct cost of searching for and duplicating records that are responsive to the request, except that the NRC will provide the first 100 pages of duplication and the first two hours of search time free of charge.

(i) For copies of records produced on tapes, disks, or other media, the NRC will charge the direct costs of producing the copy, including operator time. The NRC may recover the cost of searching for records even if there is ultimately no disclosure of records, or no records are located.

(ii) Requests from persons for records about themselves filed in the NRC's systems of records will be assessed fees as provided under the fee provisions in § 9.85.

(d) Other circumstances when fees are not charged. The NRC may not charge a requester certain FOIA processing fees in the following situations:

(1) If the cost of collecting a fee would be equal to or greater than the total FOIA processing fee, taking into account any free services to which the requester is entitled under this section, then the NRC will not charge a requester the FOIA processing fees.

(2) If the NRC has waived or reduced FOIA processing fees in accordance with paragraph (e) of this section, then the NRC will not charge the portion of the FOIA processing fees that has been waived or reduced.

(3) If the NRC fails to comply with any time limit under § 9.26, then the NRC will not assess search fees.

(4) If the requester is a representative of the news media or an educational or noncommercial scientific institution, then the NRC will not assess duplication fees, unless:

(i) A court has determined that exceptional circumstances, as defined by the FOIA, exist; or

(ii) The NRC has determined that unusual circumstances, as defined under § 9.13 and referenced in § 9.26, apply to the processing of the request; and

(A) Provided timely written notice to the requester of the unusual circumstances in accordance with § 9.26;

(B) Determined that more than 5,000 pages are necessary to respond to the request; and

(C) Discussed with the requester (or made not less than three good faith attempts to do so) how the requester could effectively limit the scope of the request.

(5) If the NRC determines, as a matter of administrative discretion, that waiving or reducing the fees would serve the interest of the United States Government.

(e) Waiver or reduction of fees. (1) A requester may seek from the NRC a waiver or reduction in the fees otherwise applicable to a FOIA request provided the requester:

(i) Requests such waiver or reduction of fees in writing as part of the FOIA request;

(ii) Labels the request for waiver or reduction of fees “Fee Waiver or Reduction Requested” on the FOIA request; and

(iii) Demonstrates that the fee reduction or waiver is in the public interest because:

(A) Furnishing the information is likely to contribute significantly to public understanding of the operations or activities of the Government; and

(B) Furnishing the information is not primarily in the commercial interest of the requester.

(2) However, a requester may submit a fee waiver request at a later time, so long as the underlying record request is pending or on administrative appeal.

(3) When a requester who has committed to pay fees subsequently asks for a waiver of those fees and that waiver is denied, the requester must pay any costs incurred up to the date the fee waiver request was received.

(f) Advance notice and prepayment of fees. (1) Subject to paragraphs (f)(2) through (4) of this section, for requests other than those described in § 9.26(d) and (f), the NRC will not require the requester to make an advance payment before work is commenced or continued on a request. However, payment owed for work already completed (i.e., payment before a response is issued to a requester) is not an advance payment.

(2) When the NRC determines or estimates that a total fee to be charged under this section will exceed $250.00, the NRC will require that the requester make an advance payment up to the amount of the entire anticipated fee before beginning to process the request.

(3) Where a requester has previously failed to pay a properly charged FOIA fee to the NRC within 30 calendar days of the billing date, the NRC will require that the requester pay the full amount due, plus any applicable interest on that prior request, and make an advance payment of the full amount of any estimated fee before the NRC begins to process a new request or continues to process a pending request or any pending appeal. Where the NRC has a reasonable basis to believe that a requester has misrepresented the requester's identity to avoid paying outstanding fees, the NRC may require that the requester provide proof of identity.

(4) In situations in which the NRC requires advance payment, the request will not be considered received and further work will not be completed until the required payment is received. If the requester does not pay the advance payment within 30 calendar days after the date of the agency's fee determination, the request will be closed.

(g) Notice of anticipated fees in excess of $25.00. (1) When the NRC determines or estimates that the fees to be assessed in accordance with this section will exceed $25.00, the NRC will notify the requester of the actual or estimated amount of the fees, including a breakdown of the fees for search, review or duplication, unless the requester has indicated a willingness to pay fees as high as those anticipated.

(i) If only a portion of the fee can be estimated readily, the NRC will advise the requester accordingly.

(ii) If the request is for a noncommercial use, the notice will specify that the requester is entitled to the statutory entitlements of 100 pages of duplication at no charge.

(iii) If the requester is charged search fees, two hours of search time will be provided at no charge, and the NRC will advise the requester whether those entitlements have been provided.

(2) If the NRC notifies the requester that the actual or estimated fees are in excess of $25.00, the request will not be considered received and further work will not be completed until the requester commits in writing to pay the actual or estimated total fee, or designates some amount of fees the requester is willing to pay, or in the case of a noncommercial use requester who has not yet been provided with the requester's statutory entitlements, designates that the requester seeks only that which can be provided by the statutory entitlements. The requester must provide the commitment or designation in writing, and must, when applicable, designate an exact dollar amount the requester is willing to pay. The NRC will not accept payments in installments.

(3) If the requester has indicated a willingness to pay some designated amount of fees, but the NRC estimates that the total fee will exceed that amount, the agency will toll (pause) the processing of the request when it notifies the requester of the estimated fees in excess of the amount the requester has indicated a willingness to pay. The agency will inquire whether the requester wishes to revise the amount of fees the requester is willing to pay or modify the request. Once the requester responds, the time to respond will resume from where it was at the date of the notification.

(4) The NRC FOIA Public Liaison is available to assist any requester in reformulating a request to meet the requester's needs at a lower cost. Contact the NRC FOIA Public Liaison in accordance with § 9.30.

(h) Charges for other services. (1) Although not required to provide special services, if the NRC chooses to do so as a matter of administrative discretion, the direct costs of providing the service will be charged. Examples of such services include certifying that records are true copies, providing multiple copies of the same document, or sending records by means other than first class mail.

(2) For requests that require the retrieval of records stored by the NRC at a Federal records center operated by the National Archives and Records Administration (NARA), the NRC will charge additional costs in accordance with the Transactional Billing Rate Schedule established by NARA.

(i) Charging interest. (1) The NRC will charge interest on any unpaid bill starting on the 31st day following the date the billing was sent to the requester in accordance with the NRC's regulations set out in § 15.37 of this chapter. Interest charges will be assessed at the rate provided in 31 U.S.C. 3717 and will accrue from the billing date until payment is received by the agency.

(2) The NRC will use its debt collection procedures that are in part 15 of this chapter for any overdue fees.

(j) Form of payment. Payment may be tendered as set forth on https://www.nrc.gov/reading-rm/foia/foia-privacy.html.

(k) Aggregating requests. When the NRC reasonably believes that a requester or a group of requesters is attempting to divide a single request into a series of requests for the purpose of avoiding fees, the NRC may aggregate those requests and charge accordingly. The NRC may presume that multiple requests of this type made within a 45-day period have been made to avoid fees. For requests separated by a longer period, the NRC will aggregate them only where there is a reasonable basis for determining that aggregation is warranted in view of all the circumstances involved. Multiple requests involving unrelated matters will not be aggregated.