Grounds on which meetings may be closed or information may be withheld.

CFR · 2024-01-01 · US · Title 10

Except in a case where the Board finds that the public interest requires otherwise, a meeting may be closed and information pertinent to such meeting otherwise required by §§ 1704.5, 1704.6, and 1704.7 to be disclosed to the public may be withheld if the Board properly determines that such meeting or portion thereof 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. In making the determination that this exemption applies, the Board shall rely upon the classification assigned to a document by the Department of Energy or other originating agency; (b) Relate solely to the internal personnel rules and practices of the Board; (c)(1) Disclose matters specifically exempted from disclosure by statute (i) Requires that the matters be withheld from the public in such a manner as to leave no discretion on the issue; or (ii) Establishes particular criteria for withholding or refers to particular types of matters to be withheld; (2) This exemption applies to Board meetings, or portions of meetings, involving deliberations regarding recommendations which, under 42 U.S.C. 2286d(b) and (h)(3), may not be made publicly available until after they have been received by the Secretary of Energy or the President, respectively; Defense Nuclear Facili

official document · source cfr-2024 · id 10:§ 1704.4