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FIA-12-0007 - In the Matter of Jon Lipsky

Jon Lipsky filed an Appeal regarding a request he filed under the Freedom of Information Act for a copy of the 1989 Multispectral Scanner Survey (MSS) of the former Rocky Flats Nuclear Weapons Plant.  The DOE’s Richland Office of Legacy Management issued a determination in January 2012 in response to Mr. Lipsky’s request. In the January 2012 determination, LM indicated that it located one responsive document and released that document to Mr. Lipsky in its entirety.  In his Appeal, Mr. Lipsky challenged the adequacy of LM’s search because the released document did not reference specific subjects, as he believed it should. On appeal, OHA determined that LM’s search was reasonably calculated to reveal records responsive to request and, therefore, was adequate.  Accordingly, OHA denied Mr. Lipsky’s appeal.