10 CFR 1045.210 – How does a person submit an appeal if DOE withholds classified information in an MDR response?
(a) When the Director, Office of Classification, denies NSI, RD, FRD, or TFNI, or the NNSA Deputy Director, Deputy Administrator for Naval Reactors, denies Naval Nuclear Propulsion information, in matter requested under an MDR, the requester may appeal the determination to the Director, Office of Environment, Health, Safety and Security. The appeal must be received within 60 days of the receipt of the denial.
Terms Used In 10 CFR 1045.210
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
(b) The appeal must be in writing and submitted to the Director, Office of Environment, Health, Safety and Security, EHSS-1/Forrestal Building, U.S. Department of Energy, 1000 Independence Avenue SW, Washington, DC 20585. The appeal:
(1) Must contain a concise statement of grounds upon which it is brought, and a description of the relief sought.
(2) Must include a copy of the letter containing the determination being appealed.
(3) Should include a discussion of all relevant authorities that include but are not limited to DOE (and predecessor agencies) rulings, regulations, interpretations, and decisions on appeals, as well as any judicial determinations being relied upon to support the appeal.