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Summary of Decisions - July 2 - July 6, 2012

July 6, 2012 - 8:56am


Freedom of Information Act Appeals

On July 3, 2012, OHA issued a decision granting in part an appeal from a Freedom ofInformation Act (FOIA) determination issued by the Oak Ridge Office (ORO). Ms. Sherriff fileda FOIA request for employment, medical and exposure records relating to her grandfather’semployment at the Paducah Gaseous Diffusion Plant. ORO conducted a search and locatedseveral responsive documents. However, none of the documents included medical or exposurerecords, so Ms. Sherriff filed an appeal challenging the adequacy of the search that wasperformed. In the appeal, Ms. Sherriff contended that the records from the K-25 plant in OakRidge should also be searched, and ORO agreed to do this. Consequently, OHA remanded thismatter to ORO so that a search of the K-25 records could be performed. OHA Case No. FIA -12-0032

On July 3, 2012, OHA issued a decision denying a FOIA Appeal filed by Judicial Watch(Appellant). The DOE’s Office of Information Resources (OIR) did not locate any documentsresponsive to the Appellant’s request. The Appellant requested “[a]ll communications withNancy-Ann DeParle, any other member of the Obama administration, or any third partyregarding the development and implementation of ‘alternative administrative measures’ toadvance the president’s policy goals in circumvention of the legislative branch of the federalgovernment.” OHA found that OIR conducted a search reasonably calculated to uncover therequested information. OIR asked the Office of the Chief Information Officer (CIO) to conducta search of email accounts for the terms “alternative administrative measures.” CIO foundnothing responsive. OIR conducted a search of the Electronic Document Online Correspondenceand Concurrence System (eDOCS) using the search terms “alternative administrative measures”and “Deparle.” After receiving a copy of the Appeal, OIR conducted a search of eDOCS foranything related to “advanced drop-in aviation or marine biofuels,” terms mentioned in theAppeal. OHA found that OIR conducted a search reasonably calculated to uncover responsiveinformation. OHA Case No. FIA-12-0036