FIA-24-0008 - In the Matter of Al Evans

On December 21, 2023, the Office of Hearings and Appeals (OHA) denied a Freedom of Information ( FOIA) appeal filed by Al Evans (Appellant) from a determination letter issued by the Department of Energy's (DOE) Office of Public Information. The Appellant sought records of successful applicants for a DOE vacancy announcement. The Appellant challenged the adequacy of DOE's search, and DOE's decision to withhold portions of interview records pursuant to Exemptions 5 and 6 of the FOIA. OHA concluded DOE's search was reasonably calculated to locate records responsive to the Appellant's FOIA request. As to Exemption 5, OHA concluded the withheld information was pre-decisional and reflected the deliberative process of the interviewers, and was properly withheld. As to Exemption 6, OHA concluded there was a substantial privacy interest in the withheld information, a minimal public interest in release of the information, and release of the information would constitute a clearly unwarranted invasion of personal privacy, so the information was properly withheld. Consequently, the Appellant's appeal was denied. (OHA Case No. FIA-24-0008, Miles)