On September 12, 2022, the Office of Hearings and Appeals (OHA) denied the Freedom of Information (FOIA) Appeal filed by Jason Leopold (Appellant) from an interim response letter issued by the Department of Energy's (DOE) National Nuclear Security Administration (NNSA). On Appeal, the Appellant argued that his request was entitled to expedited processing.

The Appellant argued that because he was a journalist seeking information about a breaking news story related to national security his FOIA request was entitled to expedited processing. While the Appellant's request met some of the factors necessary to be entitled to expedited processing, he did not identify a significant recognized interest that would be harmed if the NNSA processed his request in the order it was received. Therefore, NNSA's denial of expedited processing was appropriate. (OHA Case No. FIA-22-0025)