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FIA-13-0014 - In the Matter of Aaron Silberstein

On April 11, 2013, 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 Department of Energy’s Bonneville Power Administration. BPA released information responsive to a request that the Appellant filed. However, BPA redacted, pursuant to Exemption 5 of the FOIA, some of the information in the responsive records. The Appellant appealed BPA’s determination, asserting that it did not justify how the withheld information was part of the deliberative process of BPA. The OHA found that BPA properly applied Exemption 5 in withholding portions of the documents it released to the Appellant. Accordingly, the Appeal was denied.