Critical Mass Energy Project v. Nuclear Regulatory Commission
United States Court of Appeals for the District of Columbia Circuit
975 F.2d 871 (1992)
Critical Mass Energy Project (plaintiff) sought disclosure under FOIA of INPO safety-performance reports the nuclear-industry group had voluntarily submitted to the NRC (defendant); the NRC withheld the reports as confidential commercial information exempt from disclosure, and the case turned on whether the confidentiality test for required government submissions also governed information given to the government voluntarily.
Whether the test for confidentiality set forth in National Parks and Conservation Association v. Morton regarding the FOIA disclosure exemption for confidential commercial information applies to information given to the government voluntarily.