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FOIA Cases

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November 8, 2016
FIA-16-0052 - In the Matter of Wynship W. Hillier

On November 8, 2016, OHA granted a FOIA Appeal filed by Wynship W. Hillier from a determination issued by the DOE’s National Nuclear Security Administration (NNSA).  In the Appeal, the Appellant challenged NNSA’s finding that there were no responsive documents to his request.  After a review, OHA determined that although NNSA does not maintain a document listing the information requested by the Appellant, NNSA does have some responsive information.  OHA remanded the matter to NNSA for a new determination, and accordingly, granted the Appeal. 

November 4, 2016
FIA-16-0053 - In the Matter of Appellant

On November 4, 2016, OHA denied a Freedom of Information Act Appeal filed from a determination issued by the DOE’s Oak Ridge Office (ORO). In the Appeal, the Appellant challenged the adequacy of ORO’s search for responsive documents. OHA found that ORO had conducted a search reasonably calculated to uncover the materials sought by the Appellant. Accordingly, OHA denied the Appeal. 

 

October 11, 2016
FIA-16-0050 - In the Matter of Tim Hadley

On October 11, 2016, OHA issued a decision concerning a Freedom of Information Act (FOIA) Appeal filed by Tim Hadley from a determination issued to him by the DOE’s Office of Information Resources. In his Appeal, Mr. Hadley challenged the DOE’s use of FOIA Exemption 5 to withhold information from two DOE Office of the Inspector General documents it found to be responsive to the FOIA request.  OHA considered the several arguments Mr.

September 29, 2016
FIC-16-0001 - In the Matter of Yogi Shan

On September 29, 2016, the Department of Energy’s (DOE) Office of Hearings and Appeals (OHA) issued a Decision and Order concerning a Freedom of Information Act (FOIA) Appeal filed by Yogi Shan from a determination issued to him by the DOE’s National Nuclear Security Administration (NNSA). In his Appeal, Mr.

September 29, 2016
FIC-15-0006 - In the Matter of Caroline Lucas, MP

On September 29, 2016, the Department of Energy’s (DOE) Office of Hearings and Appeals (OHA) issued a Decision and Order concerning a Freedom of Information Act (FOIA) Appeal filed by Caroline Lucas, MP, from a determination issued to her by the DOE’s National Nuclear Security Administration (NNSA). In her Appeal, Ms.

September 20, 2016
FIA-16-0048 - In the Matter of Phillip B. Isaacs

On September 20, 2016, OHA denied a Freedom of Information Act Appeal filed by Phillip Isaacs from a determination issued by the DOE Richland Operations Office (DOE-RL). In the Appeal, the Appellant challenged DOE-RL’s finding that the requested documents were not agency records. After determining that the requested records were obtained by the agency, but not under the agency’s control at the time of the FOIA request, OHA found that the requested records were not agency records.

August 25, 2016
FIA-16-0046 - In the Matter of Russell Carollo

On August 25, 2016, OHA denied a Freedom of Information Act (FOIA) Appeal filed by Russell Carollo from a determination issued by the Office of Information Resources (OIR) of the Department of Energy. In the Appeal, the Appellant challenged OIR’s redactions to the responsive documents under FOIA Exemptions 5 and 6. During the pendency of the Appeal, OIR agreed to release certain material originally withheld under Exemptions 5 and 6 in a new determination letter. We therefore found the Appeal as it related to those redactions moot.

July 28, 2016
FIA-16-0039 - In the Matter of Michael Ravnitzky

On July 28, 2016, OHA granted in part a FOIA Appeal filed by Michael Ravinitzky from a determination issued by the Office of Scientific and Technical Information (OSTI) of the Department of Energy. In the Appeal, the Appellant challenged OSTI’s decision to withhold responsive records under Exemptions 3 and 4 of the FOIA. Reviewing only the unclassified portion of the responsive records, OHA found that OSTI’s determination did not adequately describe the responsive records it withheld or its reasons for withholding those records.

July 20, 2016
FIA-16-0043 - In the Matter of Martin Peck

On July 20, 2016, OHA denied a FOIA Appeal filed by Martin Peck from a determination issued by the National Nuclear Security Administration (NNSA) of the Department of Energy. In the Appeal, the Appellant challenged the adequacy of NNSA’s search for responsive documents. NNSA concluded that neither the Nevada Field Office nor its contractors operated the unmanned aircrafts referenced in the FOIA request and that no responsive documents existed.

July 13, 2016
FIA-16-0041 - In the Matter of Tim Hadley

On July 13, 2016, the OHA denied a Freedom of Information Act (FOIA) Appeal filed by Tim Hadley from a determination issued to him by the Department of Energy’s Office of Inspector General (OIG). In his Appeal, Mr. Hadley challenged the OIG’s application of FOIA Exemptions 6 and 7(C) to withhold names and other identifying information from a copy of a Memorandum of Interview that was released to him by the OIG.