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FOIA Cases

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May 1, 2015
FIA-15-0020 - In the Matter of Jeffrey B. Walburn

On May 1, 2015, OHA issued a decision denying a FOIA Appeal filed by Jeffery B. Walburn from a determination issued to him by the DOE Office of the Inspector General (OIG).  In the Appeal, the Appellant challenged the adequacy of OIG’s search for documents responsive to his FOIA request.  OHA found, however, that OIG had conducted an adequate search that was reasonably calculated to uncover responsive documents.

April 9, 2015
FIA-15-0011 - In the Matter of Sabine Lauer

On April 9, 2015, OHA denied a FOIA Appeal filed by Sabine Lauer (Appellant) of a determination issued by the National Nuclear Security Administration (NNSA). In the Appeal, the Appellant challenged the NNSA’s search for responsive records. The OHA found that the NNSA conducted a search reasonably calculated to uncover responsive material and therefore denied the Appeal.

April 6, 2015
FIA-15-0013 - In the Matter of Don C. Pyle

On April 6, 2015, OHA denied a FOIA Appeal filed by Don C. Pyle on behalf of Rubin J. Pyles (deceased) from a determination issued to him by the Oak Ridge Office.  In the Appeal, the Appellant challenged the adequacy of Oak Ridge’s search for responsive documents.  OHA found, however, that Oak Ridge had conducted an adequate search that was reasonably calculated to uncover responsive documents.

March 31, 2015
FIA-15-0009 - In the Matter of Bill Streifer

On March 31, 2015, OHA denied a FOIA Appeal filed by Bill Streifer. In his Appeal, Mr. Streifer challenged the adequacy of the search that was performed by the DOE Office of Information Resources (OIR) in response to Mr. Streifer’s request for documents pertaining to payments made to patent holders for inventions used during the Manhattan Project. The OIR was unable to locate any responsive documents.

March 30, 2015
FIA-15-0012 - In the Matter of Beverly Jean Parks

On March 30, 2015, OHA denied a FOIA Appeal filed by David H. Dunaway, Esq., on behalf of Ms. Beverly Jean Parks from a determination issued to her by the DOE Oak Ridge Operations Office. In the Appeal, the Appellant challenged the adequacy of Oak Ridge’s search for responsive documents.  However, OHA found that Oak Ridge had conducted an adequate search that was reasonably calculated to uncover responsive documents.

March 30, 2015
FIA-15-0008 - In the Matter of Real Estate Appraisal Litigation, LLC

On March 30, 2015, OHA denied a FOIA Appeal filed by Mr. Jim L. Sanders of Real Estate Appraisal Litigation, LLC from a determination issued to him by the Bonneville Power Administration (BPA). In the Appeal, the Appellant challenged the adequacy of BPA’s search for responsive documents as well as BPA’s application of FOIA Exemption 6 to withhold personal identifying information that would invade the privacy of homeowners.  In denying the Appeal, OHA found that BPA conducted an adequate search and that it had properly withheld redacted information pursuant to Exemption 6.

March 25, 2015
FIA-15-0007 - In the Matter of FOIA Group, Inc.

On March 25, 2015, OHA denied a FOIA Appeal filed by FOIA Group, Inc. (FGI). In its Appeal, FGI challenged a determination issued to it by the Office of Information Resources (OIR). In that determination, OIR concluded that the information sought by FGI could not be readily reproduced in the “COMMA DELIMITED TEXT FILE” (CDTF) or “TAB DELIMITED TEXT FILE” (TDTF) formats requested by FGI, and that converting the information sought into Excel spreadsheets would cost over $8,000. OIR offered to provide the information in a searchable pdf.

February 18, 2015
FIA-15-0004 - In the Matter of Citizens for Responsibility and Ethics

On February 18, 2015, the Office of Hearings and Appeals issued a decision granting in part an appeal (Appeal) from a Freedom of Information Act (FOIA) determination issued by the Office of Information Resources (OIR). In the Appeal, Citizens for Responsibility and Ethics (Appellant), challenged an OIR determination in which it withheld portions of requested communications between DOE employees and the Office of the President regarding Solyndra, a California-based manufacturer of solar panels.

February 10, 2015
FIA-15-0002 - In the Matter of Alon Refining Krotz Springs, Inc.

This Decision concerns an Appeal that Alon Refining Krotz Springs, Inc. (Alon) filed in response to a determination that was issued to it by the Department of Energy’s (DOE) Office of Information Resources (OIR). In that determination, the OIR replied to a request for documents that Alon submitted under the Freedom of Information Act (FOIA), 5 U.S.C. § 552, as implemented by the Department of Energy (DOE) in 10 C.F.R. Part 1004. This Appeal, if granted, would require that the OIR release certain information that it withheld under the FOIA. 

January 30, 2015
FIA-14-0087 - In the Matter of Edward Pugh

On January 30, 2015, the Department of Energy’s (DOE) Office of Hearings and Appeals (OHA) denied a Privacy Act Appeal filed by Edward Pugh of a determination issued by the National Nuclear Security Administration (NNSA).  In the Appeal, Mr. Pugh challenged NNSA’s denial of his request to amend and correct certain agency records that he had received pursuant to an earlier request he filed under the Freedom of Information Act.  OHA agreed with NNSA’s initial determination that the documents Mr. Pugh wished to amend and correct were not documents within a system of records.