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FOIA Cases

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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

October 3, 2012
FIA-12-0050 - In the Matter of Cause of Action

On October 4, 2012, The Office of Hearings and Appeals (OHA) granted an Appeal filed by Cause of Action (COA) under the FOIA of a final determination issued by the Loan Guarantee Program Office (LGPO).  COA’s request sought “[A]ll documents referring or relating to requests, including the requests themselves, by U.S.

October 1, 2012
FIA-12-0049 - In the Matter of William B. Ray

On October 1, 2012, OHA denied an Appeal filed by William B. Ray under the Freedom of Information and Privacy Act.  Mr. Ray was appealing from a determination issued by the DOE’s Oak Ridge Office (ORO), in which it withheld a document requested by Mr.

September 27, 2012
FIA-12-0054 - In the Matter of California-Arizona-Nevada District Organization Contract Compliance

On September 14, 2012, California-Arizona-Nevada District Organization Contract Compliance (CANDO) filed an appeal from a final determination issued by the Loan Guarantee Program Office (LGPO) of the Department of Energy (DOE). In this determination, LGPO responded to a request for information (Request) filed under the Freedom of Information Act (FOIA), 5 U.S.C. § 552, as implemented by the DOE in 10 C.F.R. Part 1004. Pursuant to the Request, LGPO released four documents.

September 7, 2012
FIA-12-0046 - In the Matter of Larry W. Long

The Appellant requested copies of the Benefit Value Studies (Ben-Val Study) for URS/CH2M Oak Ridge LLC (UCOR) and Bechtel Jacobs Company, LLC, “Mercer or AON/Hewitt Studies” and similar information from DOE. Oak Ridge forwarded the request for the Mercer or AON/Hewitt Studies to DOE Headquarters.