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FIA-13-0045 - In the Matter of Milber, Makris, Plousadis & Seiden, LLP

On July 11, 2013, 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 Office of Health, Safety and Security (HSS). Appellant appealed the HSS’ decision to withhold an entire report pursuant to Exemption 7(a).  HSS informed OHA that the report was produced as part of an ongoing investigation that DOE initiated concerning a safety issue on a worksite.  As the investigation was conducted pursuant to statutory and regulatory authority and was still pending, OHA concluded that HSS properly invoked Exemption 7(a) to withhold the report and denied the appeal.