10 C.F.R. § 1004.1

Purpose and scope

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This part contains the regulations of the Department of Energy (DOE) that implement Freedom of Information (FOIA) 5 U.S.C. 552, Public Law 89-487, as amended by Public Law 93-502, 88 Stat. 1561, by Public Law 94-409, 90 Stat. 1241, by Public Law 99-570, 100 Stat. 3207-49, by Public Law 104-231, 110 Stat. 3048, by Public Law 110-175, 121 Stat. 2524, Public Law 111-83 § 564, 123 Stat. 2142, 2184, and by Public Law 114-185, 130 Stat. 538. The regulations of this part provide information concerning the procedures by which records may be requested from all DOE offices, excluding the Federal Energy Regulatory Commission (FERC). Records of DOE made available pursuant to the requirements of 5 U.S.C. 552 shall be furnished to members of the public as prescribed by this part. Persons seeking information or records of DOE may find it helpful to consult with a DOE FOIA Officer before invoking the formal procedures set out below. To the extent permitted by other laws, DOE will make records available which it is authorized to withhold under 5 U.S.C. 552 whenever it determines that such disclosure is in the public interest.

[81 FR 94918, Dec. 27, 2016]

Notes of Decisions

Cited in 5 cases, 1980–2016 · leading case: Andrus v. United States Dep't of Energy, 200 F. Supp. 3d 1093 (D. Idaho 2016).

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Andrus v. United States Dep't of Energy, 200 F. Supp. 3d 1093 (D. Idaho 2016). · cites it 7× “Keeping in mind 10 C.F.R § 1004.1, the DOE should also consider whether the information is in the “public interest.”

Energy Rsch. Found. v. Def. Nuclear Facilities Saf. Bd., 917 F.2d 581 (D.C. Cir. 1990). “See 10 C.F.R. § 1004.1 (1989). Congress may of course exclude the Board from FOIA or the Sunshine Act or both.”

Crown Cent. Petroleum Corp. v. Dep't of Energy, 102 F.R.D. 95 (D. Maryland 1984). “and 10 CFR § 1004.1 et seq.: “all documents, whether factual or legal, and all computer input, output and computer programs reviewed or relied upon by the Economic Regulatory Administration in issuing a May 26, 1982 Proposed Remedial Order.”

Canal Refining Co. v. Corrallo, 616 F. Supp. 1035 (D.D.C. 1985). “4 First, plaintiff argued that FOIA Exemption 3, as well as DOE regulations (namely, 10 C.F.R. § 1004.1 ), exempted from public disclosure any matter specifically exempted from disclosure by statute, and that the Trade Secrets Act was such a statute.”

Coastal Corp. v. Dep't of Energy, 496 F. Supp. 57 (D. Del. 1980). “Under the DOE’s FOIA regulations, “[t]o the extent permitted by other laws, the DOE will make available records which it is authorized to withhold under 5 U.”

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