FIA-20-0011 - In the Matter of: William L. Dam

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On December 15, 2019, the Office of Hearings and Appeals (OHA) denied a Freedom of Information Act (FOIA) Appeal filed by William Dam (Appellant) from a final determination issued by the Department of Energy’s Office of Public Information (OPI). On Appeal, the Appellant alleged that the responsive documents were minimal, heavily redacted, and he further indicated that the documents did not respond to several requested items. After review, OHA determined that OPI properly withheld third party information and documents that were intra-agency and deliberative in nature. OHA determined that although the documents were being sought for the purposes of other legal matters, FOIA does not replace discovery or enlarge discovery rights. Therefore, the information was appropriately redacted pursuant to exemptions 5 and 6. OHA Case No. FIA-20-0011