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FOIA Cases

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November 14, 2013
FIA-13-0061 - In the Matter of Hanford Atomic Metals Trades Council

On November 14, 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 (DOE) Richland Operations Office (ROO) . The Hanford Atomic Metals Trades Council (Appellant), sought categories of records concerning communications between DOE employees and DOE-contractor employees at the DOE’s Hanford facility regarding collective bargaining, desired changes in wages, terms and conditions of employment, potential strikes, or closures.

November 6, 2013
FIA-13-0068 - In the Matter of Clarence Dorsey

On October 29, 2013, Clarence Dorsey (“Appellant”) filed an Appeal from a determination issued to him on October 11, 2013, by the Oak Ridge Office (ORO) of the Department of Energy (DOE) (Privacy Act Request ORO-2013-00708-PA). In its determination, ORO responded to the Appellant’s request for information filed under the Privacy Act, 5 U.S.C. § 552a, as implemented by DOE in 10 C.F.R. Part 1008. This Appeal, if granted, would require ORO to conduct another search for the requested documents.

November 4, 2013
FIA-13-0066 - In the Matter of Protect Our Communities Foundation, Backcountry Against Dumps, and Donna Tisdale

On November 4, 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’s Office of Information Resources (OIR) and Office of Electricity Delivery and Energy Reliability (OE). The Appellants, the Protect Our Communities Foundation, Backcountry Against Dumps, and Donna Tisdale, contested the adequacy of the search of documents responsive their FOIA request.

October 29, 2013
FIA-13-0058 - In the Matter of Hanford Atomic Metals Trades Council

On October 29, 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 (DOE) Office of Information Resources (OIR). The Hanford Atomic Metals Trades Council (Appellant), sought categories of records concerning communications between DOE employees and DOE-contractor employees at the DOE’s Hanford facility regarding collective bargaining, desired changes in wages, terms and conditions of employment, potential strikes, or closures.

October 24, 2013
FIA-13-0060A - In the Matter of Nuclear Watch New Mexico

On October 24, 2013, the Office of Hearings and Appeals (OHA) issued a decision denying an appeal (Appeal) filed by Nuclear Watch New Mexico (the Appellant) regarding a Freedom of Information Act (FOIA) determination it received from the Department of Energy (DOE) National Nuclear Security Administration (NNSA).  The Appellant filed a FOIA request with NNSA for records pertaining to a 2009 consulting agreement between an NNSA contractor and a third-party consulting company.  The Appellant contested NNSA’s determination in which NNSA concluded that, because the responsive documents were in

October 24, 2013
FIA-13-0065 - In the Matter of: The Oregonian

On October 24, 2013, The Office of Hearings and Appeals (OHA) denied an Appeal filed by the Oregonian under the FOIA of a final determination issued by the Bonneville Power Administration (BPA).  The Oregonian’s appeal sought a security video of a motor vehicle accident involving a federal employee at a BPA parking ramp.  OHA found that BPA’s withholding of the security video under FOIA Exemption 6 was proper, since the release of this video could reasonably be expected to invade the privacy of several individuals appearing in the video and since the release of the video would not shed any

October 15, 2013
FIA-13-0064 - In the Matter of Ferdinand Lohman

On October 15, 2011, The Office of Hearings and Appeals (OHA an Appeal filed by Ferdinand Lohman under the FOIA of a final determination issued by the Office of Legacy Management (OLM).   Lohman’s request sought all correspondence concerning his father’s employment by a DOE subcontractor at DOE Fernald Feed Materials Production Center between 1951 and 1983.  OHA found that OLM’s search for responsive documents was adequate and reasonably calculated to locate any responsive agency records.  Accordingly, OHA denied the Appeal.

September 10, 2013
FIA-13-0057 - In the Matter of Shawn R. Hughes

On September 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 Department of Energy’s Office of Scientific and Technical Information (OSTI). The Appellant, Shawn R. Hughes, contested the adequacy of OSTI’s search of records, and also argued that the Office of Information Resources (OIR) should have transferred his FOIA Request to the Lawrence Livermore National Laboratory (LLNL) and Sandia National Laboratory (SNL) to conduct a search for records.

August 29, 2013
FIA-13-0056 - In the Matter of National Security Archive

On August 28, 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 Information Resources.  The Appellant appealed OIR’s decision to withhold information contained in two released documents pursuant to Exemption 5.  Those documents were from 1980 and concerned a meeting regarding the United States’ oil supply agreement with Israel.

August 19, 2013
FIA-13-0054 - In the Matter of Dow Jones & Company

On August 19, 2013, The Office of Hearings and Appeals (OHA) granted in part and denied in all other aspects an Appeal filed by Dow Jones & Co. (the Appellant) under the FOIA of a determination issued by the DOE’s Office of Electricity Delivery and Energy Reliability (OE).   The request sought information concerning eight specific “OE-417 Electric Emergency and Disturbance events in 2011 and 2012.”  On June 24, 2013, OE issued a determination letter releasing eight  documents to the Appellant.