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FIC-13-0001 - In the Matter of Greg Marlowe

On June 21, 2013, Greg Marlowe filed an Appeal from a determination issued by the National Archives and Records Administration (NARA) under the Freedom of Information Act.  Mr. Marlowe filed a request for documents concerning a patent awarded to W.F. Libby for his work involving uranium enrichment. In an April 25, 2013, determination, NARA provided responsive documents, but withheld portions of seven documents on the basis of Exemption 3, which the Department of Energy claimed after reviewing them.  Because Exemption 3 protects from disclosure information that is properly identified as Restricted Data (RD) pursuant to the Atomic Energy Act of 1954, we referred this Appeal to the Office of Health, Safety and Security for a review.  That Office determined that some of the information previously withheld under Exemption 3 was properly identified as RD, and therefore should continue to be withheld from public disclosure under Exemption 3 of the FOIA.  It also determined that some of the information initially withheld did not qualify for protection under Exemption 3, and provided newly redacted versions of the seven documents in which it released some previously withheld information.  Accordingly, Mr. Marlowe=s Appeal was granted in part and denied in part.