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FIA-12-0017 - In the Matter of Competitive Enterprise Institute

The Competitive Enterprise Institute (the Appellant) filed an Appeal from two final determinations, one issued by the Department of Energy's (DOE) Office of Energy Efficiency and Renewable Energy (EE) on March 26, 2012, and the other issued by the DOE’s Office of Congressional and Intergovernmental Affairs (CI) on March 15, 2012. In these determinations, EE and CI responded to a Request for Information filed under the Freedom of Information Act (FOIA), 5 U.S.C. § 552, as implemented by the DOE in 10 C.F.R. Part 1004. EE released a substantial amount of responsive information, but withheld responsive information under FOIA Exemptions 4 and 6. CI indicated that it had conducted a search for responsive documents, but had not found any responsive information. This Appeal, if granted, would require EE to release that information it has withheld to the Appellant, and would require CI to conduct a new
search for responsive documents.