Freedom of Information Act; Adequacy of the Search; Appeal Denied
Office of Hearings and Appeals
May 1, 2024On May 1, 2024, the Office of Hearings and Appeals (OHA) denied the Freedom of Information Act ( FOIA) Appeal filed by Anna Noteboom (Appellant) from a determination letter issued by the Department of Energy's (DOE) National Nuclear Security Administration (NNSA). In the determination letter, NNSA stated that the computer file location Appellant had given for the requested records no longer existed. On appeal, the Appellant challenged the adequacy of NNSA's search and argued that the requested records should have been preserved under a record schedule. We found that NNSA had attempted to search the location Appellant had requested be searched, following the file path she provided until it was no longer possible to do so. Accordingly, we found that the search was reasonable. For this reason, we deny the appeal. (OHA Case No. FIA-24-0019) (OHA Case No. FIA24-0019)