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FIA-13-0019 - In the Matter of Emily Meredith

On April 25, 2013, the Office of Hearings and Appeals (OHA) issued a decision remanding an appeal (Appeal) from a Freedom of Information Act (FOIA) determination issued by the Office of Information Resources (OIR) and Office of Nuclear Energy (NE).  The Appellant appealed the OIR and NE’s decision to withhold a draft plan in its entirety pursuant to Exemption 5.  The OIR and NE claimed that as the plan was still in draft form, that it was predecisional and deliberative.  OHA concluded that Exemption 5 was properly invoked, but remanded the matter so that the OIR and NE could release reasonably segregable portions of the draft plan and issue a new determination.