Re: FOIA (formerly NRC Policy Guidance on the Internet?)

["Zack Clayton" <zack.clayton@epa.state.oh.us>]

Sorry  Melissa, I know this is starting to drift off topic but is seems pertinent.

Carol, I'm talking from a State perspective, but as a former Right-To-Know program Information Officer I can offer suggestions on a few of these.

>What does "trying hard enough" mean?  Asking repeatedly?  
       You *shouldn't* have to ask more than once on a FOIA.  Once they acknowledge receipt of your request their clock starts.  In would be polite, but not required to remind them of the passed deadline before taking the next step.

>More than that?
       More than that would be contacting a supervisor, NRC legal staff, and/or a commissioner about the employee (name names) who is/are violating the federal law.

>Why should more than that be necessary?  
       I don't know - I work for people who hold me responsible for my job performance, but in this case, and at the state level, more than that would involve the State Attorney General, or the GAO/Dept of Justice.  It all depends on how far you want to escalate.

>A lot of NRC folks are on RADSAFE.  Will they do something about this? 
       I don't know if they can be effective other than sharing this message with the person(s) responsible for the requests.  If they are being told not to send something out by a supervisor they need to document that fact and send you a copy of it as a CYA on their part.  In Ohio we take these sorts of things seriously and individuals and agencies can be held legally responsible for a non-response.

Ohio is an Agreement State but this sounds like it went out prior to that status being formalized.  I am not the FOIA contact.
 
>Curious?  Try asking for draft Policy and Guidance Directive PG 83-2, REV.
>1, SUPPLEMENT 1:  RENEWAL OF MATERIALS LICENSES.  Signed off in May, 1999.

>Ciao, Carol
><csmarcus@ucla.edu>


This has not been reviewed by the State of Ohio.  It may not represent the current views of any official person.  It is soley the opinions and past work experience of the writer.

Zack Clayton
Ohio EPA - DERR
email:  zack.clayton@epa.state.oh.us
voice:  614-644-3066
fax:        614-460-8249

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