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FIA-13-0022 - In the Matter of Jamileh Mogin

On May 6, 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 National Nuclear Security Administration (NNSA) Office of General Counsel (NA-GC).  The Appellant appealed the NA-GC’s decision to withhold information from documents responsive to the Appellant’s request under FOIA Exemptions 5, 6, and 7(C), and challenged the adequacy of NA-GC’s search for responsive document.  OHA concluded that NA-GC’s search was adequate, but that its determination did not adequately explain how FOIA Exemptions 5 and 7(C) applied to the information being withheld and that, while NA-GC properly withheld certain information under Exemption 6, it also withheld information beyond that for which it provided an adequate explanation in its determination.  OHA therefore remanded the matter to NA-GC to either release the information withheld or provide further explanation justifying its withholdings.