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FOIA Cases

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June 12, 2014
FIA-14-0031 - In the Matter of Rachel Cook

On June 12, 2014, the Office of Hearings and Appeals (OHA) issued a decision denying an (Appeal) from a Freedom of Information Act (FOIA) determination issued by the Office of Legacy Management (LM).  The Appellant, Rachel Cook, requested all records regarding a deceased relative.  LM explained that it conducted a search through its Electronic Recordkeeping System (ERKS), and used the relative’s name and social security number as search terms.  However, LM could not locate any documents.  Accordingly, OHA concluded that LM conducted a reasonable search for documents and denied the appeal.

June 9, 2014
FIA-14-0030 - In the Matter of Ralph Sletager

On June 9, 2014, the Office of Hearings and Appeals (OHA) issued a decision denying in part and remanding in part an (Appeal) from a Freedom of Information Act (FOIA) determination issued by the Bonneville Power Administration (BPA).

June 5, 2014
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 i

June 2, 2014
FIA-14-0028 - In the Matter of Martha J. McNeely

On June 2, 2014, the Office of Hearings and Appeals (OHA) issued a decision denying an appeal from a Freedom of Information Act (FOIA) determination issued by the Department of Energy’s Oak Ridge Office (ORO).

May 19, 2014
FIA-14-0027 - In the Matter of Southeastern Legal Foundation

On May 19, 2014, the Department of Energy’s (DOE) Office of Hearings and Appeals (OHA) granted in part and denied in all other respects a Freedom of Information Act Appeal (FOIA) filed by Southeastern Legal Foundation (Appellant) of a determination issued by the National Nuclear Security Administration (NNSA).  In its request, the Appellant challenged the adequacy of NNSA’s search for responsive documents because it did not receive any research data generated by Dr.

May 16, 2014
FIA-14-0025 - In the Matter of Tim Hadley

On May 16, 2014, the Office of the Chief Information Officer (CIO) issued a decision denying an appeal (Appeal) from a Freedom of Information Act (FOIA) determination issued by the Department of Energy’s (DOE) Office of Hearings and Appeals (OHA). The Appellant, Tim Hadley, sought records relating to American Recovery and Reinvestment Act (ARRA) whistleblower cases processed by OHA including case number, case date, plaintiff and defendant and case outcome.

May 8, 2014
FIA-14-0024 - In the Matter of Martin Becker

On May 8, 2014, The Office of Hearings and Appeals (OHA) denied an Appeal filed by Martin Becker under the FOIA of a final determination issued by the Office of Information Resources (OIR).  Mr. Becker’s request sought “a copy of any and all correspondence including but not limited to emails, memorandums, phone logs and logs of conversations” to and from two individuals within the DOE, that he described only as "Jim" and "David," between August 9, 2013, and December 17, 2013, regarding Mr. Becker or any matters relating to Mr.

April 22, 2014
FIA-14-0022 - In the Matter of Oles, Morrison, Rinker, Baker LLP

On April 22, 2014, 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 Department of Energy’s Richland Operations Office (ROO). The Appellant, Oles, Morrison, Rinker, Baker LLP, contested the adequacy of the search for documents responsive to its FOIA request.  The Appellant is a law firm that represents Babcock Services, Inc.

April 16, 2014
FIA-14-0019 - In the Matter of Robert Orr, Jr.

On April 16, 2014, 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 Department of Energy’s Oak Ridge Office (ORO). The Appellant, Robert Orr, Jr., contested the adequacy of ORO’s search for responsive documents. The OHA reviewed ORO’s description of its search, explaining that a search was conducted by the Oak Ridge National Laboratory (ORNL) by its legal and contracts groups, and they could not locate any responsive documents. Based on the sufficiency of the search terms applied by ORNL in searching for the documents, the OHA determined that the search conducted was adequate and denied the Appeal.

April 11, 2014
FIA-14-0021 - In the Matter of John Qualls

John Qualls appealed a FOIA determination that the DOE’s Bonneville Power Administration (BPA) issued to him regarding March 2014 Freedom of Information Act request for audio and video security recordings pertaining to a particular BPA substation.  In March 2014, BPA issued a determination indicating that it did not have records responsive to Mr.