On May 30, 2024, the Office of Hearings and Appeals (OHA) granted in part the Freedom of Information (FOIA) Appeal filed by the Business Insider (Appellant) from a determination letter issued by the Department of Energy's (DOE) Office of Public Information (OPI). On appeal, the Appellant challenged the decision to issue a Glomar response pursuant to Exemption 4. After reviewing the determination letter, we determined that OPI did not provide a sufficiently specific "explanation of how the exemption applies to the record withheld" as required by 10 C.F.R. § 1004.7(c)(1). Therefore, we grant the appeal and remand to OPI to issue a new determination letter. (OHA Case No. FIA-24-0024)
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