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FIA-13-0054 - In the Matter of Dow Jones & Company

On August 19, 2013, The Office of Hearings and Appeals (OHA) granted in part and denied in all other aspects an Appeal filed by Dow Jones & Co. (the Appellant) under the FOIA of a determination issued by the DOE’s Office of Electricity Delivery and Energy Reliability (OE).   The request sought information concerning eight specific “OE-417 Electric Emergency and Disturbance events in 2011 and 2012.”  On June 24, 2013, OE issued a determination letter releasing eight  documents to the Appellant.  However, OE withheld portions of these documents under Exemption 4.  The Appeal contended that OE’s withholdings under Exemption 4 were improper OHA, and that the search for responsive documents conducted in response to its request was inadequate. OHA determined that the OE had failed to adequately justify its withholdings and had failed to explain why the determination letter identified eight documents as responsive to the request when the search located 16 responsive documents.  Accordingly, OHA denied that portion of the Appeal that it upheld, and remanded the remaining portions of the Appeal to the OE.