[Code of Federal Regulations]
[Title 10, Volume 4, Parts 500 to end]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 10CFR1004.10]

[Page 627-628]
 
                            TITLE 10--ENERGY
 
          CHAPTER X--DEPARTMENT OF ENERGY (GENERAL PROVISIONS)
 
PART 1004--FREEDOM OF INFORMATION--Table of Contents
 
Sec. 1004.10  Exemptions.

    (a) 5 U.S.C. 552 exempts from all of its publication and disclosure 
requirements nine categories of records which are described in paragraph 
(b) of that section. These categories include such matters as national 
defense and foreign policy information; investigatory records; internal 
procedures and communications; materials exempted from disclosure by 
other statutes; confidential, commercial, and financial information; and 
matters involving personal privacy.
    (b) Specifically, the exemptions in 5 U.S.C. 552(b) will be applied 
consistent with Sec. 1004.1 of these regulations to matters that are:
    (1) Specifically authorized under criteria established by an 
Executive Order to be kept secret in the interest of the national 
defense or foreign policy and are in fact properly classified pursuant 
to such Executive Order;
    (2) Related solely to the internal personnel rules and practices of 
an agency;
    (3) Specifically exempted from disclosure by statute (other than 5 
U.S.C. 552(b)), provided that such 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; for example 
Restricted Data and Formerly Restricted Data under the Atomic Energy Act 
of 1954, as amended (42 U.S.C. 2011 et seq.) are covered by this 
exemption;

[[Page 628]]

    (4) Trade secrets and commercial or financial information obtained 
from a person and privileged or confidential;
    (5) Inter-agency or intra-agency memoranda or letters which would 
not be available by law to a party other than an agency in litigation 
with the agency;
    (6) Personnel and medical files and similar files the disclosure of 
which would constitute a clearly unwarranted invasion of personal 
privacy;
    (7) Records or information compiled for law enforcement purposes, 
but only to the extent that the production of such law enforcement 
records or information (i) could reasonably be expected to interfere 
with enforcement proceedings, (ii) would deprive a person of a right to 
a fair trial or an impartial adjudication, (iii) could reasonably be 
expected to constitute an unwarranted invasion of personal privacy, (iv) 
could reasonably be expected to disclose the identity of a confidential 
source, including a State, local, or foreign agency or authority or any 
private institution which furnished information on a confidential basis, 
and, in the case of a record or information 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, 
information furnished by a confidential source, (v) would disclose 
techniques and procedures for law enforcement investigations or 
prosecutions, or would disclose guidelines for law enforcement 
investigations or prosecutions if such disclosure could reasonably be 
expected to risk circumvention of the law, or (vi) could reasonably be 
expected to endanger the life or physical safety of any individual;
    (8) 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; 
or
    (9) Geological and geophysical information and data, including maps, 
concerning wells.
    (c) Any reasonably segregated non-exempt portion of a record will be 
provided to a requester. The DOE will delete portions which are 
withholdable under the exemptions listed above.