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Summary of Decisions - May 6, 2013 – May 10, 2013

May 10, 2013 - 10:49am

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Freedom of Information Act (FOIA) Appeal

On May 6, 2013, OHA issued a decision remanding an appeal (Appeal) from a FOIA determination issued by the National Nuclear Security Administration (NNSA) Office of General Counsel (NA-GC).  The Appellant appealed the NA-GC’s decision to withhold information from documents responsive to the Appellant’s request under FOIA Exemptions 5, 6, and 7(C), and challenged the adequacy of NA-GC’s search for responsive document.  OHA concluded that NA-GC’s search was adequate, but that its determination did not adequately explain how FOIA Exemptions 5 and 7(C) applied to the information being withheld and that, while NA-GC properly withheld certain information under Exemption 6, it also withheld information beyond that for which it provided an adequate explanation in its determination.  OHA therefore remanded the matter to NA-GC to either release the information withheld or provide further explanation justifying its withholdings. OHA Case No. FIA-13-0022

On May 9, 2013, OHA issued a decision remanding an appeal (Appeal) from a FOIA determination issued by the Loan Guarantee Program Office (LGPO).  The Appellant appealed LGPO’s decision to withhold certain portions of the payroll documents pursuant to Exemptions 4 and 6. OHA reviewed the documents and concluded that LGPO properly invoked Exemption 4 to withhold information pertaining to hours worked, rate of pay and gross amount earned of the employees.  However, OHA found that LGPO did not properly invoked Exemption 6 to redact similar information as it did not contain personal identifying information.  Thus, OHA remanded the Appeal.  OHA Case No. FIA-13-0024

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