FIA-18-0039 - In the Matter of: Savannah River Site Watch

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On December 13, 2018, the Office of Hearings and Appeals (OHA) granted in part and denied in part a Freedom of Information Act (FOIA) Appeal filed by Savannah River Site Watch (Appellant) from a final determination issued by the Department of Energy's Savannah River Operations office (SRO). On Appeal, the Appellant alleged that SRO had improperly asserted that the records responsive to the request were not agency records.  The Appellant also alleged that SRO had improperly invoked Exemptions 4 and 5 of the FOIA in withholding responsive records and that, by withholding the documents in their entirety, SRO had failed to segregate non-exempt information from it withholdings. OHA determined that the responsive records were agency records and that SRO had improperly invoked Exemption 4. OHA also determined that SRO had not properly segregated non-exempt information from exempt information. Finally, OHA determined that SRO had properly invoked Exemption 5. Accordingly, OHA granted the Appeal in part and denied the Appeal in part. OHA Case No. FIA-18-0039