§ 2.910 Unclassified statements required.
(a) Whenever Restricted Data or other National Security Information is introduced into a proceeding, the party offering it shall submit to the presiding officer and to all parties to the proceeding an unclassified statement setting forth the information in the classified matter as accurately and completely as possible.
(b) In accordance with such procedures as may be agreed upon by the parties or prescribed by the presiding officer, and after notice to all parties and opportunity to be heard thereon, the presiding officer shall determine whether the unclassified statement or any portion of it, together with any appropriate modifications suggested by any party, may be substituted for the classified matter or any portion of it without prejudice to the interest of any party or to the public interest.
(c) If the presiding officer determines
that the unclassified statement, together
with such unclassified modifications as
they find are necessary or appropriate to
protect the interest of other parties and
the public interest, adequately sets forth
information in the classified matter
which is relevant and material to the
issues in the proceeding, they shall
direct that the classified matter be
excluded from the record of the
proceeding. The presiding officer’s
determination will be considered by the
Commission as a part of the decision in
the event of review.
(d) If the presiding officer determines
that an unclassified statement does not
adequately present the information
contained in the classified matter which
is relevant and material to the issues in
the proceeding, they shall include their
reasons in their determination. This
determination shall be included as part
of the record and will be considered by
the Commission in the event of review
of the determination.
(e) The presiding officer may postpone all or part of the procedures established in this section until the reception of all other evidence has been completed. Service of the unclassified statement required in paragraph (a) of this section shall not be postponed if any party does not have access to Restricted Data or other National Security Information.
[88 FR 57877, Aug. 24, 2023]
Page Last Reviewed/Updated Monday, September 25, 2023