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November 16, 2012
FIA-12-0069 - In the Matter of Mary Ann Parker

On November 16, 2012, the Office of Hearings and Appeals (OHA) issued a decision denying an appeal (Appeal) from a Privacy Act determination issued by the Department of Energy’s Oak Ridge Office (ORO). Specifically, the Appellant, Mary Ann Parker, contested the adequacy of the ORO’s search in response to her Privacy Act request, contending that additional records should have been provided and that records from a plant that she previously worked at, the Pinellas Plant, should have been sent to the Albuquerque Office.

November 14, 2012
FIA-12-0070 - In the Matter of Robert Huber

On November 14, 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 Idaho Operations Office (IOO).  The Appellant appealed the IOO’s decision not to release the requested records.

November 8, 2012
FIA-12-0066 - In the Matter of Chadbourne & Parke LLP

On November 8, 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 Programs Office (LPO). The Appellant, Chadbourne & Parke LLP, contested the application of FOIA Exemption 5 in withholding portions of documents that the LPO produced in response to the Appellant’s FOIA request.  The LPO stated that the documents were withheld pursuant to the deliberative process privilege of Exemption 5.

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