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FOIA Cases

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February 3, 2014
FIA-14-0006 - In the Matter of Southern Alliance for Clean Energy

On February 3, 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 Loan Programs Office (LPO).

January 28, 2014
FIA-14-0004 - In the Matter of National Security Archive

On January 28, 2104, 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 National Nuclear Security Administration (NNSA).  The Appellant appealed NNSA’s search for responsive documents, and further argued that other DOE offices should have conducted a search for responsive documents. NNSA informed OHA that the Office of Nonproliferation and International Security (NIS) conducted a search for documents, but that it could not locate any documents.

January 24, 2014
FIA-14-0001 - In the Matter of Donna Deedy

Donna Deedy filed an Appeal regarding a request that she filed under the Freedom of Information Act for information regarding nuclear worker health effects research.  In a December 2013 determination, the DOE’s Office of Health, Safety and Security, Office of Health and Safety (HS) indicated that it its search for records responsive to Ms. Deedy’s request yielded eleven responsive documents, which HS released in their entirety to Ms. Deedy.  In her Appeal, Ms.

January 16, 2014
FIA-13-0076 - In the Matter of Exchange Monitor Publications

On January 16, 2014, the Department of Energy’s (DOE) Office of Hearings and Appeals (OHA) denied a Freedom of Information Act (FOIA) Appeal filed by Exchange Monitor Publications (Appellant) of a determination issued by the Office of Information Resources (OIR).  In its request, the Appellant asked for copies of “all report, white papers or any other kind of deliverables prepared by the ‘S-1’ expert review team at the Hanford Waste Treatment Plant” and “prepared by any of the eight expert teams at the DOE Office of River Protection examining technical issued at the Hanford Waste Treatment

January 3, 2014
FIA-13-0077 - In the Matter of John F. Garrity

On January 3, 2014, 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).

December 23, 2013
FIA-13-0075 - In the Matter of Daniel W. McKeel, Jr.

On December 23, 2013, the Department of Energy’s (DOE) Office of Hearings and Appeals (OHA) denied a Freedom of Information Act (FOIA) Appeal filed by Daniel W. McKeel, Jr., (Appellant) of a determination issued by the National Nuclear Security Administration (NNSA).  In his request, the Appellant asked for a copy of “any and all documents related to shipments by truck or rail, in the 1951-2000 time fram, of magnesium-thorium alloy metal plates, . . ., from Dow Madison, Illinois, Atomic Weapons Employer . . .

December 18, 2013
FIC-13-0001 - In the Matter of Greg Marlowe

On June 21, 2013, Greg Marlowe filed an Appeal from a determination issued by the National Archives and Records Administration (NARA) under the Freedom of Information Act.  Mr. Marlowe filed a request for documents concerning a patent awarded to W.F. Libby for his work involving uranium enrichment.

December 16, 2013
FIA-13-0074 - In the Matter of Torres Consulting & Law Group, LLC

On December 16, 2013, the Department of Energy’s (DOE) Office of Hearings and Appeals (OHA) remanded in part a Freedom of Information Act (FOIA) Appeal filed by Torres Consulting & Law Group, LLC, (Appellant) of a determination issued by the Loan Programs Office (LPO).  In its request, the Appellant requested certified payroll records of contractors.  LPO released documents to the Appellant but withheld information under Exemptions 4 and 6 of the FOIA.  The Appellant claimed that LPO improperly withheld the wage rates under Exemption 4.  OHA disagreed stating that release of that infor

December 10, 2013
FIA-13-0071 - In the Matter of Kristopher Fair

On December 10, 2013, 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 Office of Intelligence and Counterintelligence (IN).  The Appellant, Kristopher Fair, contested IN’s search for responsive documents and appealed IN’s invocation of Exemptions 1, 3 and 6.  This decision only concerned the adequacy of search, Exemption 6 and Exemption 3 to the extent that it was invoked pursuant to the National Security Act.  In reviewing the appeal, OHA determined that IN conducted an adequate searc

December 3, 2013
FIA-13-0073 - In the Matter of Gabriele Weber

On December 3, 2013, 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 National Nuclear Security Administration (NNSA). The Appellant contested the adequacy of the search for documents responsive to its FOIA request.