FIA-19-0012 - In the Matter of Dr. Ayyakkannu Manivannan

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On April 4, 2019, the Office of Hearings and Appeals (OHA) denied an application for modification or rescission (Application) filed by Dr. Ayyakkann Manivannan (Applicant) under OHA's procedural regulations, codified at Part 1003 of Title 10 of the Code of Federal Regulations, concerning OHA's decision and order in OHA case number FIA-19-0009 (the Decision) in which OHA denied Applicant's appeal concerning a Privacy Act request and three Freedom of Information Act requests that he made to the Department of Energy's National Energy Technology Laboratory (NETL). The Application identified a typographical error in the Decision concerning the procedural history of the Applicant's Privacy Act request, asserted that OHA's ordering language in the Decision was incomplete, and asserted that NETL was required to either produce documents he had requested or to disclaim the existence of the documents. OHA concluded that the typographical error was not material to the outcome of the Decision, and that there was no legal authority supporting the Applicant's assertions concerning the ordering language and NETL's alleged responsibility to disclaim the existence of records it could not locate. Accordingly, OHA concluded that the Applicant had failed to demonstrate significantly changed circumstances warranting modification or rescission of the Decision, and denied the Application. OHA Case No. FIA-19-0012.