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FIA-12-0070 - In the Matter of Robert Huber

On November 14, 2012, the Office of Hearings and Appeals (OHA) issued a decision denying an appeal (Appeal) from a Freedom of Information Act (FOIA) determination issued by the Idaho Operations Office (IOO).  The Appellant appealed the IOO’s decision not to release the requested records. The IOO stated that the requested records were the property of its contractor, Battelle Energy Alliance, LLC (BEA), as they were created as part of a “Work for Others” project with the Department of Homeland Security.  Thus, the OHA determined that the requested records were not agency records and denied the Appeal.