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FOIA Cases

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September 20, 2016
FIA-16-0048 - In the Matter of Phillip B. Isaacs

On September 20, 2016, OHA denied a Freedom of Information Act Appeal filed by Phillip Isaacs from a determination issued by the DOE Richland Operations Office (DOE-RL). In the Appeal, the Appellant challenged DOE-RL’s finding that the requested documents were not agency records. After determining that the requested records were obtained by the agency, but not under the agency’s control at the time of the FOIA request, OHA found that the requested records were not agency records.

August 25, 2016
FIA-16-0046 - In the Matter of Russell Carollo

On August 25, 2016, OHA denied a Freedom of Information Act (FOIA) Appeal filed by Russell Carollo from a determination issued by the Office of Information Resources (OIR) of the Department of Energy. In the Appeal, the Appellant challenged OIR’s redactions to the responsive documents under FOIA Exemptions 5 and 6. During the pendency of the Appeal, OIR agreed to release certain material originally withheld under Exemptions 5 and 6 in a new determination letter. We therefore found the Appeal as it related to those redactions moot.

July 28, 2016
FIA-16-0039 - In the Matter of Michael Ravnitzky

On July 28, 2016, OHA granted in part a FOIA Appeal filed by Michael Ravinitzky from a determination issued by the Office of Scientific and Technical Information (OSTI) of the Department of Energy. In the Appeal, the Appellant challenged OSTI’s decision to withhold responsive records under Exemptions 3 and 4 of the FOIA. Reviewing only the unclassified portion of the responsive records, OHA found that OSTI’s determination did not adequately describe the responsive records it withheld or its reasons for withholding those records.

July 20, 2016
FIA-16-0043 - In the Matter of Martin Peck

On July 20, 2016, OHA denied a FOIA Appeal filed by Martin Peck from a determination issued by the National Nuclear Security Administration (NNSA) of the Department of Energy. In the Appeal, the Appellant challenged the adequacy of NNSA’s search for responsive documents. NNSA concluded that neither the Nevada Field Office nor its contractors operated the unmanned aircrafts referenced in the FOIA request and that no responsive documents existed.

July 13, 2016
FIA-16-0041 - In the Matter of Tim Hadley

On July 13, 2016, the OHA denied a Freedom of Information Act (FOIA) Appeal filed by Tim Hadley from a determination issued to him by the Department of Energy’s Office of Inspector General (OIG). In his Appeal, Mr. Hadley challenged the OIG’s application of FOIA Exemptions 6 and 7(C) to withhold names and other identifying information from a copy of a Memorandum of Interview that was released to him by the OIG.

July 11, 2016
FIA-16-0038 - In the Matter of Appellant

On July 11, 2016, OHA denied an Appeal of a FOIA determination issued by the DOE Office of Scientific and Technical Information (OSTI). The Appellant, who believed that he may have been a victim of a human radiation experiment associated with the DOE or its predecessors, had filed a request with OSTI for information that would allow him to file claim for benefits and resources. In response to his request, OSTI determined that it could locate no responsive records because the information the Appellant sought was not related to a subject matter on which OSTI collects information.

July 7, 2016
FIA-16-0036 - In the Matter of International Union of Operating Engineers, Local 370

On July 7, 2016, OHA issued a decision denying an Appeal from a FOIA determination issued by the Richland Operations Office (ROO). In its determination, the ROO released one document, a spreadsheet containing badge information for employees of a subcontractor at the Hanford Site. However, the ROO also redacted the names and badge identification numbers of the individuals pursuant to Exemption 6 of the FOIA. In its Appeal, the Appellant challenged the ROO’s redactions.

June 29, 2016
FIA-16-0037 - In the Matter of Mitch Still

On June 29, 2016, OHA denied a Freedom of Information Act (FOIA) Appeal filed by Mitch Still from a determination issued by the DOE Savannah River Operations Office (SRO). In the Appeal, the Appellant challenged the adequacy of SRO’S search for responsive documents. OHA found, however, that SRO had conducted a search reasonably calculated to uncover the materials sought by the Appellant. Accordingly, OHA denied the Appeal.   

June 27, 2016
FIA-16-0040 - In the Matter of Kathy L. Black

On June 27, 2016, OHA denied a Freedom of Information Act Appeal (FOIA) filed by Kathy L.

June 20, 2016
FIA-16-0033 - In the Matter of Actuation Test Equipment Company

On June 20, 2016, OHA denied a FOIA Appeal filed by Actuation Test Equipment Company from a determination issued by the Bonneville Power Administration (BPA) of the Department of Energy. In the Appeal, the Appellant challenged BPA’s withholdings under FOIA Exemption 7(F). After a review of the withheld information, OHA found that the redacted portion of the responsive document was appropriately withheld for security purposes. Therefore, BPA’s use of Exemption 7(F) was proper.