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Sec.

REGULATIONS

least a quorum of the Corporation Board where such deliberations deter

mine or result in the joint conduct or 1101.1 Purpose and scope.

disposition of official Corporation busi1101.2 Definitions.

ness. A meeting may be conducted 1101.3 Open meetings.

under this part through telephone or 1101.4 Notice of meetings.

similar communications equipment by 1101.5 Procedure for closing meetings.

means of which all participants can 1101.6 Criteria for closing meetings. 1101.7 Transcripts of closed meetings.

hear each other. The term meeting does 1101.8 Report to Congress.

not include deliberations required or

permitted by $1101.4 or $1101.5 and does AUTHORITY: 5 U.S.C. 552b.

not include the process of notation votSOURCE: 59 FR 16979, Apr. 11, 1994, unless ing by circulated memorandum for the otherwise noted.

purpose of expediting consideration of

routine matters. $ 1101.1 Purpose and scope.

Member means an individual who is a (a) The provisions of this part are in

member of the Corporation Board. tended to implement the requirements

Quorum means the number of memof section 3(a) of the Government in

bers authorized to conduct Corporation the Sunshine Act, 5 U.S.C. 552b for the

business pursuant to the Corporation's United States Enrichment Corporation

bylaws. (“Corporation”).

(b) Nothing in this part expands or $1101.3 Open meetings. limits the present rights of any person under the Freedom of Information Act

Members shall not jointly conduct or (5 U.S.C. 552), except that the exemp

dispose of Corporation business other tions set forth in $1101.6 shall govern in

than in accordance with this part. Exthe case of any request made pursuant

cept as provided in $1101.6, every porto the Freedom of Information Act to

tion of every meeting of the Corpora

tion shall be open to public observacopy or inspect the transcripts, recordings, or minutes described in $1101.7.

tion, and the Corporation shall provide (c) Nothing in this part authorizes

suitable facilities therefor. The public the Corporation to withhold from any

is invited to observe and listen to all individual any record, including tran

meetings of the Corporation, or porscripts, recordings, or minutes required

tions thereof, open to public observaby this part, which is otherwise acces

tion, but may not participate in the desible to such individual under the Pri

liberations at such meetings or record vacy Act (5 U.S.C. 552a).

any portion of such meetings by means (d) The requirements of chapter 33 of

of electronic or other devices or camtitle 44 of the United States Code shall

eras. not apply to transcripts, recordings, and minutes described in $1101.7.

$ 1101.4 Notice of meetings.

(a) The Corporation shall make a $1101.2 Definitions.

public announcement of the time, For the purposes of this part:

place, nd subject matter of each meetAgency means any agency, as defined ing, whether it is to be open or closed in 5 U.S.C. 552(e), headed by a collegial to the public, and the name and telebody composed of two or more individ- phone number of a Corporation official ual members, a majority of whom are who can respond to requests for inforappointed to such position by the mation about the meeting. President with the advice and consent (b) Such public announcement shall of the Senate, and any subdivision be made at least one week before the thereof authorized to act on behalf of meeting unless a majority of the memthe agency.

bers determine by a recorded vote that Board means the Board of Directors the Corporation business requires that of the Corporation.

such meeting be called at an earlier Corporation means the United States date. If an earlier date is so estabEnrichment Corporation.

lished, the Corporation shall make such public announcement at the earli- vote may be taken with respect to a seest practicable time.

ries of meetings, a portion or portions (c) Following a public announcement of which are proposed to be closed to required by paragraph (a) of this sec- the public, or with respect to any infortion, the time or place of the meeting mation concerning such series of meetmay be changed only if the Corporation ings, so long as each meeting in such publicly announces the change at the series involves the same particular earliest practicable time. The subject matters and is scheduled to be held no matter of a meeting or the determina- more than thirty (30) days after the tion to open or close a meeting or por- initial meeting in such series. The vote tion of a meeting to the public may be of each member participating in such changed following the public announce- vote shall be recorded and no proxies ment required by paragraph (a) of this shall be allowed. section only if a majority of the mem- (b) Notwithstanding that the members determine by a recorded vote that bers may have already voted not to the Corporation business so requires close a meeting, whenever any person and that no earlier announcement of whose interests may be directly afthe change was possible and if the Cor- fected by a portion of a meeting reporation publicly announces such quests that the agency close such porchange and the vote of each member tion to the public for any of the reaupon such change at the earliest, prac- sons referred to in paragraphs (e), (f), ticable time.

or (g) of $1101.6, the Board, upon re(d) In addition to any other means quest of any one of its members made which the Corporation may choose, prior to the commencement of such public announcements required by this portion, shall vote by recorded vote section shall be made by posting a no- whether to close such portion of the tice in the reception area of the Cor- meeting. poration's headquarters at 6903 (c) Within one day of any vote taken Rockledge Drive, Bethesda, Maryland pursuant to this section, the Corpora20817.

tion shall make publicly available a (e) Immediately following each pub- written copy of such vote reflecting the lic announcement required by this sec- vote of each member on the question. If tion, notice of the time, place, and sub- a portion of a meeting is to be closed to ject matter of a meeting, whether the the public, the Corporation shall, withmeeting is open or closed, any change in one day of the vote taken pursuant in one of the preceding, and the name to this section, make publicly availand phone number of the Corporation able a full written explanation of this official designated to respond to re- action closing the portion together quests for information about the meet- with a list of all persons expected to ing shall be submitted for publication attend the meeting and their affiliin the FEDERAL REGISTER.

ation. Information to be made publicly (1) Votes taken pursuant to this sec- available pursuant to this paragraph tion may be conducted through any (c) shall be posted in the reception area means which the Corporation Board de- of the Corporation's headquarters. termines are appropriate, including a (d) For every meeting closed pursunotation voting process.

ant to $ 1101.6, there shall be a certifi

cation by the General Counsel of the $1101.5 Procedure for closing meet

Corporation stating whether, in his or ings.

her opinion, the meeting may be closed (a) Action under $1101.6 to close a to the public and each relevant exempmeeting shall be taken only when a tive provision. A copy of such certifimajority of the members vote to take cation shall be retained by the Corsuch action. A separate vote shall be poration and shall be made publicly taken with respect to each meeting, a available. portion or portions of which are pro- (e) Votes taken pursuant to this secposed to be closed to the public pursu- tion may be conducted through any ant to $1101.6, or with respect to any means which the Corporation Board deinformation which is proposed to be termines are appropriate, including a withheld pursuant to $1101.6. A single notation voting process.

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 $81101.4 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. 2297b_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;

(f) 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 a 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 taking final action on such proposal; or

(j) 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. $ 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

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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 denials. 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 (j) 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

8 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. 22976–13, 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

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