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FOIA Cases

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November 8, 2012
FIA-12-0062 - In the Matter of Judicial Watch

On November 8, 2012, 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 (FOIA) Appeal filed by Judicial Watch (Appellant) of a determination issued by the Office of Information Resources (OIR).  The Appellant challenged the adequacy of DOE’s search and the withholdings under Exemptions 5 and 6 of the FOIA.  As an initial matter, OHA determined that the search at DOE was not yet complete, as the Office of Policy and International Affairs had not yet responded to the request.  Next, OHA found tha

November 1, 2012
FIA-12-0060 - In the Matter of California-Arizona-Nevada District Organization Contract Compliance

On November 1, 2012, 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 Loan Guarantee Program Office (LGPO). California-Arizona-Nevada District Organization Contract Compliance, the Appellant, requested a copy of documents relating to the loan guarantee contract for the Aqua Caliente Solar Project (Project). Specifically the Appellant requested the names of contractors and subcontractors referenced in the loan agreement.

November 1, 2012
FIA-12-0057 - In the Matter of Tom Thielen

Tom Thielen filed a Privacy Act Appeal regarding a determination issued to him by the Department of Energy’s Richland Operations Office (Richland).  Richland had previously withheld certain information from Mr. Thielen’s employee concerns file and Mr.

October 31, 2012
FIA-12-0065 - In the Matter of Advanced Technology Corporation

On October 31, 2012, 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).

October 31, 2012
FIA-12-0063 - In the Matter of Native Hawaiian Legal Corporation.

On October 31, 2012, 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 Golden Field Office (GFO).

October 31, 2012
FIA-12-0061 - In the Matter of John P. Newton

On October 31, 2012, the Office of Hearings and Appeals (OHA) issued a decision denying an appeal (Appeal) from two Freedom of Information Act (FOIA) determinations issued by the Department of Energy’s Office of Information Resources (OIR).  Specifically, the Appellant appealed OIR’s decisions not to grant him a fee waiver and expedited processing of his FOIA requests.  The OHA decided that the Appellant did not demonstrate that the information he sought from his FOIA request would contribute significantly to public understanding of government operations or activities or that the informati

October 31, 2012
FIA-12-0059 - In the Matter of California Arizona Nevada District Organization

On October 31, 2012, the Department of Energy’s (DOE) Office of Hearings and Appeals (OHA) denied a Freedom of Information Act (FOIA) Appeal filed by the California Arizona Nevada District Organization (Appellant) of a determination issued by the Loan Guarantee Program Office (LGPO).  The Appellant challenged the withholding under Exemption 4 of the FOIA of the total hours worked and total pay received from the released document.  OHA found that release of that information would cause substantial competitive harm to the submitters of the information, and therefore, it was properly withheld

October 19, 2012
FIA-12-0056 - In the Matter of Torres Consulting & Law Group, LLC

On October 19, 2012, the Department of Energy’s (DOE) Office of Hearings and Appeals (OHA) denied a Freedom of Information Act (FOIA) Appeal filed by the Torres Consulting & Law Group, LLC, (Appellant) of a determination issued by the Golden Field Officer (Golden).  The Appellant challenged the withholding under Exemption 4 of the FOIA of the employee wage rates and total hours worked, both daily and weekly, from the released document.  OHA found that release of that information would cause substantial competitive harm to the submitters of the information, and therefore, it was properl

October 11, 2012
FIA-12-0053 - In the Matter of Arizona Nevada District Organization

On October 11, 2012, the Department of Energy’s (DOE) Office of Hearings and Appeals (OHA) denied a Freedom of Information Act (FOIA) Appeal filed by the California Arizona Nevada District Organization (Appellant) of a determination issued by the Loan Guarantee Program Office (LGPO).  The Appellant challenged the withholding under Exemption 4 of the FOIA of the total hours worked and total pay received from the released document.  OHA found that release of that information would cause substantial competitive harm to the submitters of the information, and therefore, it was properly withheld

October 9, 2012
FIA-12-0051 - In the Matter of William Berger

On October 9, 2012, 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 National Nuclear Security Administration (NNSA).  The Appellant filed an Appeal seeking information about an internal investigation conducted at Fort Chaffee, AR.  In its Determination Letter, NNSA informed the Appellant that it neither confirmed nor denied the existence of any such records described in the request (Glomar response).  Citing FOIA Exemption 6, the Authorizing Official stated in t