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81101.6 Criteria for closing meetings.

Except in a case where the Board finds that the public interest requires otherwise, the second sentence of $1101.3(a) shall not apply to any portion of a meeting and such portion may be closed to the public, an the requirements of $$ 1101.4 and 1101.5 (a), (b), and (c) shall not apply to any information pertaining to such meeting otherwise required by this part to be disclosed to the public, where the Board properly determines that such portion or portions of its meeting or the disclosure of such information is likely to:

(a) Disclose matters that are:

(1) Specifically authorized under criteria established by an Executive order to be kept secret in the interests of national defense or foreign policy and

(2) In fact properly classified pursuant to such Executive order;

(b) Relate solely to the internal personnel rules and practices of the Corporation:

(c) Disclose matters specifically exempted from disclosure by statute (other than 5 U.S.C. 552), provided that such statute:

(1) Requires that the matters be withheld from the public in such a manner as to leave no discretion on the issue, or

(2) Establishes particular criteria for withholding or refers to particular types of matters to be withheld, including section 1314 of the Atomic Energy Act of 1954, as amended, 42 U.S.C. 22976–13, with reference to trade secrets and commercial and financial information, and section 148 of the Atomic Energy Act of 1954, as amended, 42 U.S.C. 2168, with reference to particular information regarding the facilities leased by the Corporation from the U.S. Department of Energy;

(d) Disclose trade secrets and commercial or financial information obtained from a person and privileged or confidential;

(e) Involve accusing any person of a crime, or formally censuring any person;

(1) Disclose information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;

(8) Disclose investigatory records compiled for law enforcement purposes,

or information which if written would be contained in such records, but only to the extent that the production of such records or information would:

(1) Interfere with enforcement proceedings,

(2) Deprive a person of a right to & fair trial or an impartial adjudication,

(3) Constitute an unwarranted invasion of personal privacy,

(4) Disclose the identity of a confidential source and, in the case of a record compiled by a criminal law enforcement authority in the course of a criminal investigation, or by an agency conducting a lawful national security intelligence investigation, confidential information furnished only by the confidential source,

(5) Disclose investigative techniques and procedures, or

(6) Endanger the life or physical safety of law enforcement personnel;

(h) Disclose information contained in or related to examination, operating or condition reports prepared by, on behalf of, or for the use of an agency responsible for the regulation or supervision of financial institutions;

(1) Disclose information the premature disclosure of which would be likely to significantly frustrate implementation of a proposed action of an agency, except that this provision shall not apply in any instance where such an agency has already disclosed to the public the content or nature of its proposed action, or where such an agency is required by law to make such disclosure on its own initiative prior to take ing final action on such proposal; or

(1) Specifically concern the Corporation's participation in a civil action or proceeding, an action in a foreign court or international tribunal, or an arbitration, or the initiation, conduct, or disposition by the Corporation of a particular case of formal agency adjudication pursuant to the procedures in 5 U.S.C. 554 or otherwise involving a determination on the record after opportunity for a hearing. g 1101.7 Transcripts of closed meet

ings. (a) For every meeting closed pursuant to $1101.6, the presiding officer of the meeting shall prepare a statement setting forth the time and place of the

Government in the Sunshine Act, 5 U.S.C. 552b.

PART 1102-PROCEDURES FOR DIS

CLOSURE OF INFORMATION UNDER THE FREEDOM OF INFORMATION ACT

Sec. 1102.1 Purpose. 1102.2 Definitions. 1102.3 Policy. 1102.4 Public reading room. 1102.5 Availability of records on request. 1102.6 Exemptions. 1102.7 Officials authorized to grant or deny

requests for records. 1102.8 Denials. 1102.9 Appeals of dentals. 1102.10 Fees. 1102.11 Notice to submitters of certain in

formation. AUTHORITY: 5 U.S.C. 552.

SOURCE: 59 FR 27437, May 27, 1994, unless otherwise noted.

meeting, and the persons present, and such statement shall be retained by the Corporation.

(b) The Corporation shall maintain a complete transcript or electronic recording adequate to record fully the proceedings of each meeting, or portion of a meeting, closed to the public, except that in the case of a meeting, or portion of a meeting, closed to the public pursuant to paragraph (h) or (b) of $1101.6, the Corporation shall maintain either such a transcript or recording, or a set of minutes. Such minutes shall fully and clearly describe all matters discussed and shall provide a full and accurate summary of any actions taken, and the reasons therefor, including a description of each of the views expressed on any item and the record of any rollcall vote (reflecting the vote of each member on the question). All documents considered in connection with any action shall be identified in such minutes.

(c) The Corporation shall maintain a complete verbatim copy of the transcript, a complete copy of the minutes, or a complete electronic recording of each meeting, or portion of a meeting, closed to the public, for a period of at least two (2) years after such meeting, or until one year after the conclusion of any Corporation proceeding with respect to which the meeting or portion was held, whichever occurs later.

(d) Within a reasonable time after the adjournment of a meeting closed to the public, the Corporation shall make available to the public, at the Corporation's headquarters, the transcript, electronic recording, or minutes of the discussion of any item on the agenda, or of any item of the testimony of any witness received at the meeting, except for such item or items of such discussion or testimony as the Corporation determines to contain information which may be withheld under $1101.6. Copies of such transcript, electronic recording or minutes shall be furnished to any persons at the actual cost of duplication or transcription. $1101.8 Report to Congress.

The Corporation shall report to the Congress annually regarding its compliance with the requirements of the

$1102.1 Purpose.

This part prescribes the procedures by which records of the United States Enrichment Corporation may be made available pursuant to section 1314 of the Atomic Energy Act of 1954, as amended, 42 U.S.C. 2297b-13, and the Freedom of Information Act, 5 U.S.C. 552.

$1102.2 Definitions.

As used in this part

Commercial use request means request from or on behalf of one who seeks information for a use or purpose that furthers the commercial, trade, or profit interests of the requester or the person on whose behalf the request is made. In determining whether a request for records properly belongs in this category, the Corporation will look to the use to which a requester will put the documents requested. When the Corporation has reasonable cause to doubt the use to which a requester will put the records sought, or where the use is not clear from the request itself, it will seek additional clarification before assigning the request to a specific category. If still in doubt, the Corporation will make the determination based on the factual circumstances surrounding the request, including the identity of the requester.

Corporation means the United States Enrichment Corporation.

Duplication means the process of making a copy of a document necessary to respond to a FOIA request. Such copies can take the form of paper copy, microform, audio-visual materials, or machine readable documentation (e.g., magnetic tape or disk), among others.

Educational institution means a preschool, a public or private elementary or secondary school, an institution of graduate higher education, an institution of undergraduate higher education, an institution of professional education, or an institution of vocational education, which operates a program or programs of scholarly research.

FOIA means the Freedom of Information Act, 5 U.S.C. 552.

Freedom of Information Officer means the person designated to administer the FOIA at the Corporation's headquarters.

General Counsel means the General Counsel of the Corporation or any Corporation attorney designated by the General Counsel as having responsibility for counseling the Corporation on FOIA requests.

Headquarters means the Corporation's offices at 2 Democracy Center, 6903 Rockledge Drive, Bethesda, Maryland 20817.

Non-commercial scientific institution means an institution that is not operated on a "commercial" basis and which is operated solely for the purpose of conducting scientific research, the results of which are not intended to promote any particular product or industry.

Records means books, papers, maps, photographs, or other documentary materials, regardless of physical form or characteristics, made or received by the Corporation in connection with the transaction of the Corporation's business and preserved by the Corporation as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the Corporation or because of the informational value of data in them. The term does not include inter alia, books, mag

azines, or other materials acquired solely for library purposes and available through any officially designated library of the Corporation, or records that have been prepared by a contractor, and are available to the Corporation pursuant to the terms of a contract between the Corporation and the contractor (e.g., the contract for the operation and maintenance of the Corporation's leased gaseous

diffusion plants), but which have not been delivered to the Corporation.

Representative of the news media means any person actively gathering news for an entity that is organized and operated to publish or broadcast news to the public. The term "news" means information that is about current events or that would be of current interest to the public. Examples of news media entities include television or radio stations broadcasting to the public at large and publishers of periodicals (but only in those instances when they can qualify as disseminators of “news") who make their products available for purchase or subscription by the general public. These examples are not intended to be all-inclusive. Moreover, as traditional methods of news delivery evolve (e.g., electronic dissemination of newspapers through telecommunications services), such alternative media would be included in this category. In the case of “freelance" journalists, they will be regarded as working for a news organization if they can demonstrate a solid basis for expecting publication through that organization, even though not actually employed by it.

Review means the process of examining documents located in response to a commercial use request to determine whether any portion of any document located is permitted to be withheld. It also includes processing any documents for disclosure, e.g., doing all that is necessary to excise them and otherwise prepare them for release. Review does not include time spent resolving general legal or policy issues regarding the application of exemptions.

Search means all the time spent looking for material that is responsive to a request, including page-by-page or lineby-line identification of material within documents. The search should be

conducted in the most efficient and personal privacy. In such cases the least expensive manner. Searches may record shall have attached to it a full be done manually or by computer using explanation of the deletion. existing programming.

Working days means all days except $ 1102.5 Availability of records on reSaturdays, Sundays, and legal public quest. holidays.

(a) In addition to the records made

available through the public reading $1102.3 Policy.

room, the Corporation will make The Corporation will make records records available to any person in acconcerning its operations, activities, cordance with paragraphs (b) and (c) of and business available to the public this section, unless it is determined upon request. Records will be withheld that such records are exempt from from the public only in accordance mandatory disclosure under the FOIA with the FOIA and this part. Records and $1102.6 of this part and that such that may be exempt from disclosure records should be withheld by the Cormay be made available as a matter of poration. discretion when disclosure is not pro- (b) Requests. (1) A request will be achibited by law, and it does not appear ceptable if it identifies a record with adverse to legitimate interests of the sufficient particularity to enable offipublic, the Corporation, or any person. cials of the Corporation to locate the The Corporation will attempt to pro- record with a reasonable amount of efvide assistance to requesting parties, fort. Requests seeking records within a including information about how a re- reasonably specific category will be quest may be submitted. The Corpora- deemed to conform to the statutory retion will act on requests for records in quirement of a request which "reasona timely manner.

ably describes” such records if profes

sional employees of the Corporation $ 1102.4 Public reading room.

who are familiar with the subject area (a) The Corporation will maintain in of the request would be able, with a & public reading room at its head- reasonable amount of effort, to deterquarters the materials which are re- mine which particular records are enquired by 5 U.S.C. 552(a)(2) and (5) to be compassed within the scope of the remade available for public inspection quest, and to search for, locate, and and copying, unless it is determined collect the records without unduly burthat such records should be withheld dening or materially interfering with and are exempt from mandatory disclo- operations because of the staff time sure under the FOIA and $1102.6 of this consumed or the resulting disruption of part.

filles. If it is determined that a request (b) The public reading room will does not reasonably describe the maintain and make available for public records sought as specified in this parainspection and copying current indices graph, the response denying the reof the materials which are required to quest on that ground shall specify the be indexed by 5 U.S.C. 552(a)(2) or other reasons why the request failed to meet applicable statutes. Because publica- the requirements of this paragraph and tion of such indices 18 unnecessary and shall extend to the requester an opporimpracticable and because current ver- tunity to confer with Corporation persions thereof will be available for in- sonnel in order to attempt to reformuspection at the Corporation's public late the request in a manner that will reading room, it is determined and so meet the needs of the requester and the ordered that the Corporation will not requirements of this paragraph. publish the indices in the Federal Reg- (2) To facilitate the location of ister.

records by the Corporation, a requester (c) Certain records maintained in the should try to provide the following public reading room or otherwise made kinds of Information, if known: (1) the available pursuant to this part may be specific event or action to which the "edited” by the deletion of identifying record refers; (11) the unit or program details concerning individuals, to pre- of the Corporation which may be revent a clearly unwarranted invasion of sponsible for or may have produced the

record; (iii) the date of the record or the date or period to which it refers or relates; (iv) the type of record such as an application, a grant, a contract, or a report; (v) personnel of the Corporation who may have prepared or have knowledge of the record; and (vi) citations to newspapers or publications which have referred to the record.

(3) The Corporation is not required to create a record or to seek to acquire a record from its contractors in order to satisfy a request.

(4) All requests for records under this section shall be made in writing, with the envelope and the letter clearly marked: “Freedom of Information Request." All such requests shall be addressed to the Freedom of Information Officer, 2 Democracy Center, 6903 Rockledge Drive, Bethesda, MD 20817. Any request not marked and addressed as specified in this paragraph will be so marked by Corporation personnel as soon as it is properly identified, and forwarded immediately to the Freedom of Information Officer. A request improperly addressed will not be deemed to have been received for purposes of the time period set forth in paragraph (c) of this section until forwarding to the appropriate office has been effected. On receipt of an improperly addressed request, the Freedom of Information Officer shall notify the requester of the date on which the time period commenced to run.

(5) A person desiring to secure copies of records by mail should write to the Freedom of Information Officer, 2 Democracy Center, 6903 Rockledge Drive, Bethesda, Maryland 20817. The request must identify the records of which copies are sought in accordance with the requirements of this section, and the number of copies desired. Fees may be required to be paid in advance in accordance with $1102.10. The requester will be advised of the estimated fee, if any, as promptly as possible. If a waiver or reduction of fees is requested, the grounds for such request should be included in the letter.

(c) The Freedom of Information Officer, upon receipt of a request for any records made in accordance with this section, shall make an initial determination of whether to comply with or deny such request and dispatch such

determination to the requester within 10 working days after receipt of such request, except for unusual circumstances in which case the time limit may be extended for not more than 10 working days by written notice to the requester setting forth the reasons for such extension and the date on which a determination is expected to be dispatched. In determining whether to issue a notice of extension of time for a response to a request beyond the 10-day period, the Freedom of Information Officer shall consult with the Office of the General Counsel. As used herein, "unusual circumstances" are limited to the following, but only to the extent reasonably necessary to the proper processing of the particular request:

(1) The need to search for and collect the requested records from the Corporation's field offices;

(2) The need to search for, collect, and appropriately examine a voluminous amount of separate and distinct records which are demanded in a single request; or

(3) The need for consultation, which shall be conducted with all practicable speed, including consultation with another agency having a substantial interest in the determination of the request or among components of the Corporation having substantial subject matter interest therein.

(d) If no determination has been dispatched at the end of the 10-day period, or the last extension thereof, the requester may deem the request denied, and exercise a right of appeal in accordance with $1102.9. When no determination can be dispatched within the applicable time limit, the Freedom of Information Officer shall nevertheless continue to process the request. On expiration of the time limit, the Freedom of Information Officer shall inform the requester of the reason for the delay, of the date on which a determination may be expected to be dispatched, and of the right to treat the delay as a denial and to appeal to the Corporation's Chief Executive Officer (“CEO”) in accordance with $1102.9. The Freedom of Information Officer may ask the requester to forego appeal until a determination is made.

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