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FIA-12-0008 - In the Matter of Carter & Burgess, Inc.

The Department of Energy’s (DOE) Office of Hearings and Appeals (OHA) Director granted in part and denied in all other respects a Freedom of Information Act (FOIA) Appeal filed by Carter & Burgess, Inc., (Appellant).  The DOE’s National Nuclear Security Administration (NNSA) released 73 documents, but withheld portions of those documents under Exemptions 4, 5, and 6 of the FOIA.  First, OHA found that the documents were agency records and subject to the FOIA and FOIA exemptions.  Second, OHA found that NNSA had not waived its protection under a FOIA exemption because it had not made an authorized, official release of the documents.  Third, OHA found that NNSA properly applied Exemptions 4, 5, and 6 of the FOIA to the withheld information.  Finally, OHA found that NNSA inconsistently withheld some of the information and should review the documents for consistency.  Based on those finding, OHA granted the Appeal in part and denied the Appeal in all other respects.  OHA Case No. FIA-12-0008.