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FIA-13-0066 - In the Matter of Protect Our Communities Foundation, Backcountry Against Dumps, and Donna Tisdale

On November 4, 2013, the Office of Hearings and Appeals (OHA) issued a decision denying an appeal (Appeal) from a Freedom of Information Act (FOIA) determination issued by the Department’s Office of Information Resources (OIR) and Office of Electricity Delivery and Energy Reliability (OE). The Appellants, the Protect Our Communities Foundation, Backcountry Against Dumps, and Donna Tisdale, contested the adequacy of the search of documents responsive their FOIA request.  The OHA reviewed OE’s description of its search, indicating that a search of emails of an SME was conducted, and the OHA determined that OE conducted an adequate search for responsive documents. Moreover, OIR informed the OHA that it was also transferring the Appellants’ FOIA Request to the Office of Indian Energy Policy and Programs to conduct another search for responsive documents.  Accordingly, as to the new search for documents, the OHA denied the Appeal as moot, and as to OE’s search for documents, the OHA denied the Appeal.