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FIA-14-0029 - In the Matter of Richard van Dijk

On June 5, 2014, the Department of Energy’s (DOE) Office of Hearings and Appeals (OHA) denied a Freedom of Information Act Appeal (FOIA) filed by Richard van Dijk (Appellant) of a determination issued by the Bonneville Power Administration (BPA).  In its Appeal, the Appellant challenged the BPA’s withholdings on pages 86-95 under Exemption 5 and on page 101 as non-responsive.  OHA found that BPA’s withholdings under Exemption 5 were proper as the documents were pre-decisional and contains material that reflects DOE’s deliberative process.  OHA also found that there was no public interest in release of the material and that all factual information had been segregated, with the exception of page 88.  It appeared to OHA that page 88 was all factual information.  BPA agreed and released that page to the Appellant.  As to page 101, which BPA claimed was non-responsive to the request, OHA agreed and found that it was properly withheld. Therefore, OHA denied the Appeal.