18 CFR § 401.115 - Discretionary disclosure by the Executive Director.

---
identifier: "/us/cfr/t18/s401.115"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "18 CFR § 401.115 - Discretionary disclosure by the Executive Director."
title_number: 18
title_name: "Conservation of Power and Water Resources"
section_number: "401.115"
section_name: "Discretionary disclosure by the Executive Director."
chapter_name: "DELAWARE RIVER BASIN COMMISSION"
subchapter_number: "A"
subchapter_name: "ADMINISTRATIVE MANUAL"
part_number: "401"
part_name: "RULES OF PRACTICE AND PROCEDURE"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "Delaware River Basin Compact (75 Stat. 688), unless otherwise noted."
regulatory_source: "39 FR 25474, July 11, 1974, unless otherwise noted."
cfr_part: "401"
---


# 401.115 Discretionary disclosure by the Executive Director.

(a) The Executive Director may exercise discretion to disclose part or all of any Commission record that is otherwise exempt from disclosure pursuant to this part whenever the Executive Director determines that such disclosure is in the public interest, will promote the objectives of the Commission, and is consistent with the rights of individuals to privacy, the property rights of persons in trade secrets, and the need for the Commission to promote frank internal policy deliberations and to pursue its regulatory activities without disruption.

(b) Discretionary disclosure of a record pursuant to this section shall invoke the requirement that the record shall be disclosed to any person who requests it pursuant to § 401.108, but shall not set a precedent for discretionary disclosure of any similar or related record and shall not obligate the Executive Director to disclose any other record that is exempt from disclosure.

[89 FR 51828, June 20, 2024]