Freedom of Information Act (FOIA) Appeal; Appeal Denied; Exemption 5
Office of Hearings and Appeals
March 2, 2021On March 2, 2021, the Office of Hearings and Appeals (OHA) denied a Freedom of Information Act (FOIA) Appeal filed by Peter Fairley (Appellant) from a final determination
issued by the Department of Energy's Office of Public Information (OPI). On Appeal, the Appellant alleged that OPI had not properly applied Exemption 5 of the FOIA and had not
properly assessed the foreseeable harm possible if the withheld information was released. After review, OHA determined that DOE had properly justified its use of Exemption 5.
Accordingly, the Appeal was denied. OHA Case No. FIA-21-0005.