§9.27. Responses to requests. — Inbound Citations

(1) On receipt of any request potentially involving information exempt from disclosure (e.g., nonpublic information), the NRC will determine whether the information is exempt from disclosure under § 9.17. Whenever a request involves a record containing information that may be exempt from disclosure, but the responsible office, as specified in paragraph (a) of this section, determines that, although exempt, the disclosure of the agency records will not be contrary to the public health and safety, will not be harmful to the common defense or security, and will not affect the rights of any person, the responsible office may authorize disclosure of the agency records. If the responsible office authorizes disclosure of the agency records, the head of the office will furnish the agency records to the Freedom of Information Act and Privacy Act Officer, who will notify the requester of the determination in the manner provided in § 9.27.

(2) Whenever a request involves a record containing information that has been classified or may be appropriate for classification by another agency under any applicable executive order concerning the classification of records, the NRC will refer the responsibility for responding to the request regarding that information to the agency that classified the information, or that should consider the information for classification. Whenever an agency's record contains information that has been derivatively classified (e.g., when it contains information classified by another agency), the NRC will refer the responsibility for responding to that portion of the request to the agency that classified the underlying information.

(1) The NRC will provide a submitter with notice of receipt of a request or appeal whenever:

(i) The information has been designated in good faith by the submitter as information considered protected from disclosure under Exemption 4 of the FOIA; or

(ii) The NRC has reason to believe that the information may be protected from disclosure under Exemption 4 of the FOIA.

(2) The notice requirements of this paragraph (c) will not apply if:

(i) The NRC determines that the information is exempt under the FOIA;

(ii) The information lawfully has been published or otherwise made available to the public;

(iii) Disclosure of the information is required by statute (other than the FOIA) or by a regulation issued in accordance with the requirements of Executive Order 12600; or

(iv) The designation made by the submitter under paragraph (d)(1) of this section appears obviously frivolous, except that, in such a case, the NRC will, within a reasonable time prior to a specified disclosure date, give the submitter written notice of any final decision to disclose the information.