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FIA-12-0019 - In the Matter of Mark D. Siciliano

The Department of Energy’s (DOE) Office of Hearings and Appeals (OHA) Director granted in part and denied in all other respects a Freedom of Information Act (FOIA) Appeal filed by Mark D. Siciliano (Appellant).  The DOE’s Idaho Operations Office (Idaho) released a copy of a report along with the transmittal memo as responsive to the Appellant’s request.  First, OHA found that the Appellant had not broaden his request by asking for emails and interview notes that may support the report but had broaden his request by asking for draft reports.  Second, OHA found that Idaho conducted a search reasonably calculated to uncover the requested information for the other two items in the request but DOE Headquarters (DOE/HQ) had not searched for responsive information as asked for in the request.  OHA remanded the matter to Idaho to conduct a new search for emails and interview notes that support the final report and to DOE/HQ to conduct a search for information responsive to the second item in the Appellant’s request.  OHA upheld Idaho’s search for responsive information as reasonable for the second and third items in the request.  Based on those finding, OHA granted the Appeal in part and denied the Appeal in all other respects.