Section 1045.215 - How does DOE process an MDR appeal for DOE matter containing NSI?An appeal for NSI requested under the provisions of E.O. 13526 or successor orders is processed as follows:
(a) The Director, Office of Environment, Health, Safety and Security must act upon the appeal within 60 working days of its receipt. If no determination on the appeal has been issued at the end of this 60-day period, the requester may consider his or her administrative remedies to be exhausted and may seek a review by the ISCAP. When no determination can be issued within the applicable time limit, the appeal must nevertheless continue to be processed. On expiration of the time limit, DOE must inform the requester of the reason for the delay, of the date on which a determination may be expected to be issued, and of the requester's right to seek further review by the ISCAP. Nothing in this subpart precludes the appeal authority and the requester from agreeing to an extension of time for the decision on an appeal. The Director, Office of Environment, Health, Safety and Security must confirm any such agreement in writing and clearly specify the total time agreed upon for the appeal decision.(b) The Director, Office of Environment, Health, Safety and Security's action on an appeal must be in writing and set forth the reason for the decision. DOE may refuse to confirm or deny the existence or nonexistence of requested information whenever the fact of its existence or nonexistence is itself classified under E.O. 13526 or successor orders.(c) The requester has the right to appeal a final DOE decision, or a failure to provide a determination on an appeal within the allotted time, to the ISCAP for those appeals dealing with NSI. In cases where NSI documents also contain RD, FRD, or TFNI, the portions of the document containing RD, FRD, or TFNI must be deleted prior to forwarding the NSI and unclassified portions to the ISCAP for review. 83 FR 66007 , Dec. 21, 2018, as amended at 88 FR 82238 , Nov. 24, 2023 83 FR 65508 , 1/22/2019; 88 FR 41295 , 6/26/2023; as amended at 88 FR 82238 , 11/24/2023 At 88 FR 41295, June 26, 2023, §1045.215(a) and (b) was amended; however, the amendment could not be incorporated due to inaccurate amendatory instruction.