Freedom of Information Act (FOIA) Appeals

On June 13, 2016, OHA denied a FOIA Appeal filed by Leo Conor Black from a determination issued by the Office of Information Resources (OIR) of the Department of Energy. In the Appeal, the Appellant challenged the adequacy of OIR’s search for responsive documents. OHA found, however, that OIR conducted a search reasonably calculated to uncover the materials sought by the Appellant.  OHA Case No. FIA-16-0034 

On June 17, 2016, OHA denied a FOIA Appeal filed by Sabine Lauer from a determination issued by the National Nuclear Security Administration (NNSA) of the Department of Energy (DOE). In the Appeal, the Appellant challenged the NNSA’s finding that the requested records were contractor-owned and not subject to the FOIA. OHA found that the requested documents were not agency records, and that DOE regulations do not provide for the release of this information. Therefore, NNSA appropriately denied the FOIA request. OHA Case No. FIA-16-0035