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FIA-12-0046 - In the Matter of Larry W. Long

The Department of Energy’s (DOE) Office of Hearings and Appeals (OHA) Director denied a Freedom of Information Act (FOIA) Appeal filed by Larry W. Long (Appellant) of a final determination issued by the Oak Ridge Office (Oak Ridge).  The Appellant requested copies of the Benefit Value Studies (Ben-Val Study) for URS/CH2M Oak Ridge LLC (UCOR) and Bechtel Jacobs Company, LLC, “Mercer or AON/Hewitt Studies” and similar information from DOE.  Oak Ridge forwarded the request for the Mercer or AON/Hewitt Studies to DOE Headquarters.  That part of the request was not at issue in this Appeal.  In response to the remainder of the request, Oak Ridge stated that the Ben-Val Study was a contractor record rather than an agency record.  OHA reviewed the contract between UCOR and DOE and determined that any records relating to salary and employee benefits are contractor records under the contract.  Based on that information, OHA denied the Appeal.