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FOIA Cases

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July 11, 2013
FIA-13-0043 - In the Matter of Steven Y. Goldsmith

On July 11, 2013, 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 Office of the Chief Information Officer (OCIO). Specifically, the requester, Steven Goldsmith, contested the adequacy of OCIO’s search in response to his Privacy Act request, contending that additional records should have been provided. The OHA reviewed the scope of the search that was performed, and determined that it was adequate. Therefore, the OHA denied the Appeal.

 

July 10, 2013
FIA-13-0046 - In the Matter of Gail M. Sullivan

On July 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 Legacy Management (LM). Appellant appealed the LM’s decision to withhold information on nine pages of the released document pursuant to Exemption 6.  OHA reviewed the redacted information, which contained badge numbers of employees and health conditions of third parties, and found that they raised significant privacy interests.

June 28, 2013
FIA-13-0037 - In the Matter of Sam Lyle

On June 27, 2013, 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). Specifically, the Appellant, Sam Lyle contested the adequacy of the ORO’s search in response to his Privacy Act request, contending that additional records should have been provided. The OHA reviewed the ORO’s description of its search and determined that the ORO conducted an adequate search for responsive documents.  Therefore, the OHA denied the Appeal.

June 26, 2013
FIA-13-0036 - In the Matter of Sierra Club

On June 25, 2013, the Office of Hearings and Appeals (OHA) issued a decision granting in part an appeal (Appeal) from a Freedom of Information Act (FOIA) determination issued by the Department of Energy’s Office of Information Resources (OIR). The Appellant, Sierra Club, contested the adequacy of OIR’s search for documents responsive to its FOIA Request.

June 19, 2013
FIA-13-0035 - In the Matter of Avery R. Webster

On June 19, 2013, the Office of Hearings and Appeals (OHA) issued a decision denying an appeal (Appeal) from a determination issued by the Office of Inspector General (OIG).  The Appellant filed a request under the Freedom of Information Act (FOIA) and the Privacy Act seeking, inter alia, information about complaints filed against Poli A.

June 19, 2013
FIA-13-0031 - In the Matter of Avery R. Webster

On June 19, 2013, the Office of Hearings and Appeals (OHA) issued a decision granting in part and denying in part an appeal (Appeal) from a Freedom of Information Act (FOIA) determination issued by the Office of Information Resources (OIR).  The Appellant appealed the OIR’s decision to withhold portions of released documents pursuant to Exemption 5 and contested the adequacy of its search.  The OIR stated that portions of the documents were withheld pursuant to the deliberative process privilege of Exemption 5.

June 18, 2013
FIA-13-0030 - In the Matter of Hanford Atomic Metals Trades Council

On June 18, 2013, the Office of Hearings and Appeals (OHA) issued a decision remanding an appeal (Appeal) from a Freedom of Information Act (FOIA) determination issued by the Department of Energy’s Richland Operations Office (ROO). The Appellant, Hanford Atomic Metals Trade Council, contested the ROO’s invocation of Exemption 5 to the redactions it made in the released documents.

June 12, 2013
FIA-13-0029 - In the Matter of Post Register

On June 12, 2013, the Office of Hearings and Appeals (OHA) issued a decision remanding an appeal (Appeal) from a Freedom of Information Act (FOIA) determination issued by the Department of Energy’s Idaho Operations Office (IOO). The Appellant, Post Register, contested the IOO’s adequacy of search for responsive documents and determination that most of the requested documents were not agency records.  The OHA concluded that the IOO did not demonstrate that the requested records – pertaining to “vulnerable non-safety measures” – were contractor-owned.

June 10, 2013
FIA-13-0033 - In the Matter of the Washington Examiner

On June 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 Information Resources (OIR) and the Chief Financial Officer (CF), where the OIR and CF withheld the names of employees in official time sheets pursuant to Exemption 6. The Appellant, Washington Examiner, contested the application of Exemption 6 to the withheld information, claiming that there was no privacy interest in the names and that there is a public interest in the information.

June 10, 2013
FIA-13-0027 - In the Matter of Torres Consulting & Law Group, LLC

On June 10, 2013, the Department of Energy’s (DOE) Office of Hearings and Appeals (OHA) granted in part a Freedom of Information Act (FOIA) Appeal filed by Torres Consulting & Law Group, LLC, (Appellant) of a determination issued by the Loan Guarantee Program Office (LGPO).  In its request, the Appellant asked for information relating to the Abengoa Mohave construction project.  LGPO released documents to the Appellant but withheld information under Exemptions 4 and 6 of the FOIA.  The Appellant claimed that LGPO improperly withheld the wage rates under Exemption 4.  We disagreed stati