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TFC-0005 - In the Matter of Eric Schlosser

Eric Schlosser filed an Appeal from a determination that the National Nuclear Security Administration (NNSA) issued on July 7, 2010. In that determination, NNSA denied in part a request for information that Mr. Schlosser had submitted on September 24, 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 isclosure under two provisions of the FOIA. This Appeal, if granted, would require the DOE to release identified portions of those documents responsive to Mr. Schlosser’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).