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FOIA Cases

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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.  

June 17, 2016
FIA-16-0035 - In the Matter of Sabine Lauer

On June 17, 2016, OHA denied a FOIA Appeal filed by Sabine Lauer from a determination issued by the National Nuclear Security Administration (NNSA) of the Department of Energy (DOE). In the Appeal, the Appellant challenged the NNSA’s finding that the requested records were contractor-owned and not subject to the FOIA. OHA found that the requested documents were not agency records, and that DOE regulations do not provide for the release of this information. Therefore, NNSA appropriately denied the FOIA request. 

June 13, 2016
FIA-16-0034 - In the Matter of Leo Conor Black

On June 13, 2016, OHA denied a FOIA Appeal filed by Leo Conor Black from a determination issued by the Office of Information Resources (OIR) of the Department of Energy. In the Appeal, the Appellant challenged the adequacy of OIR’s search for responsive documents. OHA found, however, that OIR conducted a search reasonably calculated to uncover the materials sought by the Appellant.  

June 8, 2016
FIA-16-0031 - In the Matter of the Manufactured Housing Association for Regulatory Reform

On June 08, 2016, OHA granted in part a FOIA Appeal filed by the Manufactured Housing Association for Regulatory Reform (Appellant) from a determination issued to it by the Office of Information Resources (OIR). The Appellant’s FOIA request sought certain records relating to the DOE’s development of energy efficiency standards for manufactured homes. In its determination, the OIR withheld certain information as nonresponsive and withheld other information under Exemptions 5 and 6 of the FOIA.

May 27, 2016
FIA-16-0030 - In the Matter of GlidePath Power LLC

On May 27, 2016, OHA granted in part a FOIA Appeal filed by GlidePath Power LLC (Appellant) from a determination issued to it by the Golden Field Office (GFO). The Appellant’s FOIA request sought an application and other documents related to a DOE grant award to Commonwealth Edison Company (ComEd). The GFO released 254 pages in response to the Appellant’s FOIA request but withheld portions of those documents under Exemptions 3, 4 and 6 of the FOIA. In the Appeal, the Appellant challenged the GFO’s redactions under Exemption 4 only.

May 25, 2016
FIA-16-0029 - In the Matter of Bill Streifer

On May 25, 2016, OHA denied a FOIA Appeal filed by Mr. Bill Streifer (Appellant) from a determination issued to him by the Office of Scientific and Technical Information (OSTI). The Appellant’s FOIA request sought records that would explain why OSTI’s online databases contain bibliographic records on Dr. Fritz Hansgirg’s patents regarding hydrogen production but not on Dr. Hansgirg’s patents concerning heavy water production. In its determination, OSTI informed the Appellant that it could find no responsive records. In the Appeal, the Appellant challenged the adequacy of OSTI’s search.