§9.13. Definitions. — Inbound Citations

(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.

(1) Whenever the NRC cannot meet the statutory time limit for processing a request because of “unusual circumstances,” as defined in § 9.13, and the NRC extends the time limit on that basis, the NRC will, before expiration of the 20-day period to respond, notify the requester in writing of the unusual circumstances involved and of the date by which the agency estimates processing of the request will be completed. Where the extension exceeds 10 working days, the NRC will, as described by the FOIA, provide the requester with an opportunity to modify the request or arrange an alternative time period for processing the original or modified request. The NRC will make available its FOIA Public Liaison for this purpose in accordance with § 9.25(c).

(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.