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FIA-13-0036 - In the Matter of Sierra Club

On June 25, 2013, the Office of Hearings and Appeals (OHA) issued a decision granting in part an appeal (Appeal) from a Freedom of Information Act (FOIA) determination issued by the Department of Energy’s Office of Information Resources (OIR). The Appellant, Sierra Club, contested the adequacy of OIR’s search for documents responsive to its FOIA Request.  The OHA reviewed OIR’s search, in which it referred the request to the Office of Policy and International Affairs (OPIA).  During the processing of the Appeal, OHA learned that another office, the Office of Headquarters Procurement Services (HPS), might likely have documents responsive to the request.  OHA determined that, while OPIA conducted an adequate search for responsive documents, the request should be remanded for HPS to conduct a search for responsive documents.  Therefore, OHA granted the Appeal in part.