The opinion of the court was delivered by: RICHEY
UNITED STATES DISTRICT JUDGE CHARLES R. RICHEY.
In June of 1981, while Emanuel R. Morgan was employed by defendant Nuclear Regulatory Commission ("NRC"), he was asked by NRC Commissioner Victor Gilinsky for a briefing on his prior experience as an inspector for the International Atomic Energy Agency ("IAEA"). On July 7, 1981, Morgan met with Commissioner Gilinsky, and later submitted a written report to him concerning IAEA safeguards. This report was subsequently classified in its entirety as "Secret- National Security Information."
On November 9, 1981, NuclearFuel, a trade journal, published an article stating that a Commission employee had written a memorandum critical of IAEA safeguards. This was followed on November 16, 1981 by a report in the New York Times, which identified Emanuel R. Morgan as the author of a memorandum critical of IAEA safeguards and which purported to summarize the contents of the memorandum. On November 23, 1981, NuclearFuel published what it claimed to be a verbatim copy of the full text of the Morgan Memorandum.
On the same day as the New York Times report, plaintiff Nuclear Control Institute, a nonprofit, public interest organization, submitted the Freedom of Information Act request that is the subject of this action. On December 1, 1981, this request was granted in part and denied in part by defendant. Specifically, defendant turned over to plaintiff copies of several documents responsive to its request and a list identifying five documents that would not be disclosed:
1. Memorandum for William J. Dircks, Executive Director for Operations, from James R. Shea, Director of the Office of International Programs, dated August 3, 1981, concerning the classification of the report prepared by E. R. Morgan.
2. Memorandum for Commissioner Gilinsky from William J. Dircks, dated August 5, 1981, forwarding a copy of report prepared by E. R. Morgan.
3. Report prepared by Emanuel R. Morgan (undated).
4. Memorandum for Commissioner Gilinsky from William J. Dircks, dated September 23, 1981, forwarding and including the Staff Commentary on Report by E. R. Morgan.
5. Memorandum for Chairman Palladino from William J. Dircks, dated October 30, 1981, forwarding and including the Staff Commentary on Report by E. R. Morgan.
On December 31, 1981, plaintiff appealed the nondisclosure of these five documents. At a public meeting held on February 25, 1982, the NRC voted, in a split decision, to deny plaintiff's appeal. Plaintiff was informed of this action by the Secretary of the Commission on February 26, 1982.