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TFC-0004 - In the Matter of Tri-Valley CARES

Tri-Valley CARES filed an Appeal from a determination that the National Nuclear Security Administration (NNSA) issued on June 2, 2010. In that determination, NNSA denied in part a request for information that Tri-Valley CARES had submitted on September 8, 2008, pursuant to the Freedom of Information Act (FOIA), 5 U.S.C. § 552. NNSA withheld information that was responsive to the request after it determined that the information was protected from mandatory disclosure under two provisions of the FOIA. This Appeal, if granted, would require the DOE to release the portions of those documents responsive to Tri-Valley CARES’s request that were withheld from disclosure due to their classified nature. The FOIA requires that documents held by federal agencies generally be released to the public upon request. The FOIA, however, lists nine exemptions that set forth the types of
information that may be withheld at the discretion of the agency. 5 U.S.C. § 552(b). Those nine categories are repeated in the DOE regulations implementing the FOIA. 10 C.F.R. § 1004.10(b).