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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.

January 23, 2015
FIA-15-0001 - In the Matter of Carolyn Epps

On January 23, 2015, the Department of Energy’s (DOE) Office of Hearings and Appeals (OHA) denied a Freedom of Information Act Appeal (FOIA) filed by Carolyn Epps of two determinations issued by the Office of Information Resources (OIR).  In the Appeal, the Appellant challenged OIR’s application of Exemptions 5 and 6 to withhold deliberative communications, attorney work product, and information that would invade the privacy of DOE employees.  OHA found that OIR had properly withheld the redacted information pursuant to these Exemptions.

January 21, 2015
FIA-14-0086 - In the Matter of Cheng Che Chen

On January 21, 2015, the Department of Energy’s (DOE) Office of Hearings and Appeals (OHA) denied a Freedom of Information Act Appeal (FOIA) filed by Cheng Che Chen (Appellant) of a determination issued by the National Nuclear Security Administration (NNSA).  In the Appeal, the Appellant challenged NNSA’s search for responsive documents.  OHA found that NNSA conducted a search reasonably calculated to uncover responsive material.  OHA denied the Appeal.

January 21, 2015
FIA-14-0085 - In the Matter of Allegheny Defense Project

On January 21, 2015, the Department of Energy’s (DOE) Office of Hearings and Appeals (OHA) denied a Freedom of Information Act Appeal (FOIA) filed by Allegheny Defense Project (Appellant) of a determination issued by the Office of Information Resources (OIR).  In the Appeal, the Appellant challenged OIR’s withholdings under Exemptions 4 and 5.  OHA found that OIR properly withheld the information under both Exemptions.  OHA denied the Appeal.

January 15, 2015
FIA-14-0082 - In the Matter of Len Latkovski

Len Latkovski (the Appellant) appealed a FOIA determination that the DOE Office of Intelligence and Counterintelligence (IN) issued to him in response to a request for documents that he filed under the Freedom of Information Act (FOIA).  In its determination, IN released three documents responsive to the Appellant’s request seeking information pertaining to a number of Soviet cities.  IN withheld portions of those documents under Exemptions 1, 3 and 6.  The Appellant appealed the determination claiming that IN did not conduct an adequate search for records and that it should not have appli

December 10, 2014
FIA-14-0080 - In the Matter of SNL Energy

On December 10, 2014, 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, SNL Energy (Appellant), challenged an OIR determination in which it withheld portions of requested Form OE 417s - specifically, information related to various criminal acts which had been committed against electric transformer equipment.

December 4, 2014
FIA-14-0083 - In the Matter of KIRO 7

On December 4, 2014, KIRO 7 (Appellant) filed an Appeal from a determination issued to it by the National Nuclear Security Administration (NNSA) of the Department of Energy (DOE) (Request No. 12-00202-J).  In that determination, NNSA responded to a request filed under the Freedom of Information Act (FOIA), 5 U.S.C. § 552, as implemented by the DOE in 10 C.F.R.

November 21, 2014
FIA-14-0078 - In the Matter of Joseph Ercole

Joseph Ercole (the Appellant) appealed a FOIA determination that the DOE Office of Science Chicago Office (CH) issued to him in response to a request for documents that he filed under the Freedom of Information Act (FOIA) regarding a job vacancy announcement for which he applied and was not selected.  In September 2014, CH issued a determination in which it identified and released various responsive documents, withholding portions of some documents pursuant to FOIA Exemption 6.  The Appellant appealed CH’s determination with respect to a portion of his FOIA request for which CH indicated t

November 21, 2014
FIA-14-0073 - In the Matter of Tim Hadley

Tim Hadley (the Appellant) appealed two FOIA determinations that the DOE’s Office of Headquarters Procurement Services (Procurement) issued to him in response to two related requests for documents that he filed under the Freedom of Information Act (FOIA) regarding contracts, task orders, agreements, etc., with “no deliverables.”  In October 2014, Procurement issued determinations indicating that it did not have records responsive to the Appellant’s requests.  On appeal, in response to OHA’s inquiry, Procurement informed us that, after receiving Appellant’s FOIA requests, it consulted with

November 21, 2014
FIA-14-0072 - In the Matter of Tim Hadley

Tim Hadley (the Appellant) appealed two FOIA determinations that the DOE’s Office of Headquarters Procurement Services (Procurement) issued to him in response to two related requests for documents that he filed under the Freedom of Information Act (FOIA) regarding contracts, task orders, agreements, etc., with “no deliverables.”  In October 2014, Procurement issued determinations indicating that it did not have records responsive to the Appellant’s requests.  On appeal, in response to OHA’s inquiry, Procurement informed us that, after receiving Appellant’s FOIA requests, it consulted with