You are here

FIA-14-0021 - In the Matter of John Qualls

John Qualls appealed a FOIA determination that the DOE’s Bonneville Power Administration (BPA) issued to him regarding March 2014 Freedom of Information Act request for audio and video security recordings pertaining to a particular BPA substation.  In March 2014, BPA issued a determination indicating that it did not have records responsive to Mr. Qualls’ request.  On appeal, in response to OHA’s inquiry, BPA’s physical security manager, the individual with the most knowledge of the subject matter of the FOIA request, informed OHA that the requested records do not exist.  Because the FOIA pertains only to records in an agency’s possession at the time of a request, and does not require an agency to create records in response to a FOIA request, OHA denied the appeal.