You are here

FIA-12-0045 - In the Matter of National Security Archive

On August 27, 2012, the Office of Hearings and Appeals (OHA) issued a decision denying an appeal (Appeal) from a Freedom of Information Act (FOIA) determination issued by the Department of Energy’s Richland Operations Office (ROO).  The National Security Archive, the Appellant, requested copies of a specific report dealing with a methodology for the production of plutonium from Department’s Office of Information Resources (OIR). OIR referred the Request to ROO since it was the office most likely to possess the report described by the Appellant and, after a search of its records, ROO provided the Appellant a report (Graphite Report) it believed was responsive to the Appellant’s request. However, the Appellant stated that he was not seeking the Graphite Report but was seeking an Atomic Energy Commission (AEC) report Numbered “KB 789” (Report). ROO again searched using the new information provided by the Appellant but was unable to find the Report. The Appellant appealed claiming that the Report must exist because it was mentioned in another AEC document.  During the pendency of the Appeal, OHA provided OIR with the new description of the Report (No. KB-789) and OIR conducted its own search at DOE Headquarters. Again, no copy of the Report was located. After obtaining the details of the search that was conducted, including details as to the manual searches and the electronic database searches that were made by ROO and OIR, OHA found that both offices had conducted a search reasonably calculated to locate the Report. Consequently, the Appeal was dismissed.