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FIA-14-0009 - In the Matter of Donna Deedy

On January 30, 2014, the Department of Energy’s (DOE) Office of Hearings and Appeals (OHA) denied a Freedom of Information Act (FOIA) Motion for Reconsideration filed by Donna Deedy of an Appeal determination OHA issued.  In her Motion, Ms. Deedy asked that OHA reconsider its previous Decision issued in Case No. FIA-14-0001.  In her Motion, Ms. Deedy asserts that the search parameters used by the DOE’s Office of Health, Safety and Security (HS) were unnecessarily limiting because the search terms included NIOSH and HHS.  OHA found that including those terms actually broaden the search.  A Motion for Reconsideration will be granted if the Appellant presents “significantly changed circumstances,” including the discovery of material facts that were not known or could not have been known or the discovery of a law, rule, or regulation not known by OHA which would have been relevant to the proceeding, and finally, a substantial change in the facts or circumstances upon which an outstanding or continuing order of OHA was issued, which change occurred during the interval between the issuance of such order and the date of the Motion.  OHA found that Ms. Deedy’s Motion for Reconsideration is an attempt to reargue the merits of her case, rather than a demonstration of signification changed circumstances warranting modification or rescission of the decision.  Therefore, OHA denied the Motion.