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TFC-0010 - In the Matter of National Security Archive

The National Security Archive filed an Appeal from a determination that the National Nuclear Security Administration (NNSA) issued on April 21, 2011. In that determination, NNSA denied in part a request for information that the National Security Archive had submitted on November 29, 2006, 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 the document responsive to the National Security Archive’s request that were withheld from disclosure under Exemption 1 of the FOIA. 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).