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FIA-13-0048 - In the Matter of Ralph Stanton

On July 17, 2013, the Office of Hearings and Appeals (OHA) issued a decision denying a consolidated appeal (Appeal) from a Freedom of Information Act (FOIA) determination issued by the Idaho Operations Office (IOO). Appellants appealed the IOO’s determination that the requested videotape was not an agency record. IOO informed OHA that the requested videotape was created and maintained by its contractor, Battelle Energy Alliance (BEA), and that pursuant to its contract, the videotape is deemed contractor-owned as BEA preserved it in anticipation of litigation and it concerns an employee-related investigation. Thus, OHA concluded that the requested videotape is not an agency record and denied the appeal.