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FIA-12-0053 - In the Matter of Arizona Nevada District Organization

On October 11, 2012, the Department of Energy’s (DOE) Office of Hearings and Appeals (OHA) denied a Freedom of Information Act (FOIA) Appeal filed by the California Arizona Nevada District Organization (Appellant) of a determination issued by the Loan Guarantee Program Office (LGPO).  The Appellant challenged the withholding under Exemption 4 of the FOIA of the total hours worked and total pay received from the released document.  OHA found that release of that information would cause substantial competitive harm to the submitters of the information, and therefore, it was properly withheld under Exemption 4.  LGPO also withheld the information under Exemption 6.  OHA found that the information could not be withheld under Exemption 6, but it could properly be withheld under Exemption 4.  Therefore, OHA denied the Appeal.