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FIA-13-0001 - In the matter of Daniel J. Gage

On January 23, 2013, the Office of Hearings and Appeals (OHA) issued a decision remanding an appeal (Appeal) from a Freedom of Information Act (FOIA) determination issued by the Golden Field Office (GFO).  The Appellant appealed the GFO’s decision to apply Exemption 4 and withhold a settlement amount between the American Iron and Steele Institute (AISI) and the Department of Energy (DOE), which was the total amount that AISI was required to reimburse DOE pursuant to a Cooperative Agreement.  OHA determined that the GFO did not adequately explain why disclosure of the final settlement amount would subject the AISI, or its subcontractors, to competitive harm by revealing specific program or equipment costs.  Thus, OHA remanded the Appeal to the GFO.