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FIA-13-0008 - In the Matter of Michael J. Kelly

On March 13, 2013, the Department of Energy’s (DOE) Office of Hearings and Appeals (OHA) denied a Freedom of Information Act (FOIA) Appeal filed by Michael J. Kelly (Appellant) of a determination issued by the Environmental Management Consolidated Business Center (EMCBC).  The Appellant challenged the adequacy of EMCBC’s search for responsive documents.  OHA found that the requested documents were employment records and, therefore, contractor records.  Only agency records or information in the possession of the agency are subject to the FOIA.  Therefore, OHA denied the Appeal.