FIC-16-0001 - In the Matter of Yogi Shan

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On September 29, 2016, the Department of Energy’s (DOE) Office of Hearings and Appeals (OHA) issued a Decision and Order concerning a Freedom of Information Act (FOIA) Appeal filed by Yogi Shan from a determination issued to him by the DOE’s National Nuclear Security Administration (NNSA). In his Appeal, Mr. Shan challenged the DOE’s use of Exemptions 3 and 6 to withhold information from documents it found to be responsive to the FOIA request.  Because Exemption 3 was applied to withhold classified information, the Appeal was referred to the Office of Classification for processing.  That Office reviewed the withheld information and provided a report to OHA in which it continued to withhold the previously redacted information.  It explained that it had determined that Exemption 3 continued to apply to the information, as it remained properly classified as Secret Restricted Data under the Atomic Energy Act.  On the basis of the report provided, OHA upheld the earlier determination.