FIA-17-0050 - In the Matter of Ayyakkannu Manivannan

You are here

On January 11, 2018, the Office of Hearings and Appeals (OHA) granted in part two Freedom of Information Act (FOIA) Appeals filed by Dr. Ayyakkannu Manivannan (Appellant) from two Redeterminations issued by the Department of Energy’s National Energy Technology Laboratory (NETL). On Appeal, the Appellant challenged NETL’s search for responsive records and its use of FOIA Exemption 5 to withhold responsive records from release. The Appellant additionally alleged that NETL waived its right to invoke Exemption 5. OHA determined that NETL conducted adequate searches as to both redeterminations and did not waive the privileges available under Exemption 5. Although OHA concluded that NETL appropriately withheld certain information pursuant to Exemption 5, it further determined that other redactions were not properly made pursuant to Exemption 5. Accordingly, OHA granted the Appeal and remanded the matter to NETL to for processing in accordance with the Decision and Order. OHA Case No. FIA-17-0050