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FOIA Cases

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March 25, 2015
FIA-15-0007 - In the Matter of FOIA Group, Inc.

On March 25, 2015, OHA denied a FOIA Appeal filed by FOIA Group, Inc. (FGI). In its Appeal, FGI challenged a determination issued to it by the Office of Information Resources (OIR). In that determination, OIR concluded that the information sought by FGI could not be readily reproduced in the “COMMA DELIMITED TEXT FILE” (CDTF) or “TAB DELIMITED TEXT FILE” (TDTF) formats requested by FGI, and that converting the information sought into Excel spreadsheets would cost over $8,000. OIR offered to provide the information in a searchable pdf.

February 27, 2015
FIA-15-0006 - In the Matter of Cause of Action

On November 14, 2014, the Appellant filed a request with DOE for access to the text messages, Blackberry messenger chats, and SMS messages sent or received during the time period of November 2, 2014, to November 8, 2014, by the following DOE employees (and/or the person who then held the named position):

Ernest Moniz, Secretary of Energy
Kevin Knobloch, Chief of Staff
Brendan Daly, Director of Public Affairs
Bradley Crowell, Assistant Secretary for Congressional and Intergovernmental Affairs
Rhonda Carter, White House Liaison

February 18, 2015
FIA-15-0004 - In the Matter of Citizens for Responsibility and Ethics

On February 18, 2015, the Office of Hearings and Appeals issued a decision granting in part an appeal (Appeal) from a Freedom of Information Act (FOIA) determination issued by the Office of Information Resources (OIR). In the Appeal, Citizens for Responsibility and Ethics (Appellant), challenged an OIR determination in which it withheld portions of requested communications between DOE employees and the Office of the President regarding Solyndra, a California-based manufacturer of solar panels.

February 10, 2015
FIA-15-0002 - In the Matter of Alon Refining Krotz Springs, Inc.

This Decision concerns an Appeal that Alon Refining Krotz Springs, Inc. (Alon) filed in response to a determination that was issued to it by the Department of Energy’s (DOE) Office of Information Resources (OIR). In that determination, the OIR replied to a request for documents that Alon submitted under the Freedom of Information Act (FOIA), 5 U.S.C. § 552, as implemented by the Department of Energy (DOE) in 10 C.F.R. Part 1004. This Appeal, if granted, would require that the OIR release certain information that it withheld under the FOIA. 

February 2, 2015
FIA-14-0087 - In the Matter of Edward Pugh

On January 30, 2015, the Department of Energy’s (DOE) Office of Hearings and Appeals (OHA) denied a Privacy Act Appeal filed by Edward Pugh of a determination issued by the National Nuclear Security Administration (NNSA).  In the Appeal, Mr. Pugh challenged NNSA’s denial of his request to amend and correct certain agency records that he had received pursuant to an earlier request he filed under the Freedom of Information Act.  OHA agreed with NNSA’s initial determination that the documents Mr. Pugh wished to amend and correct were not documents within a system of records.

January 23, 2015
FIA-15-0001 - In the Matter of Carolyn Epps

On January 23, 2015, the Department of Energy’s (DOE) Office of Hearings and Appeals (OHA) denied a Freedom of Information Act Appeal (FOIA) filed by Carolyn Epps of two determinations issued by the Office of Information Resources (OIR).  In the Appeal, the Appellant challenged OIR’s application of Exemptions 5 and 6 to withhold deliberative communications, attorney work product, and information that would invade the privacy of DOE employees.  OHA found that OIR had properly withheld the redacted information pursuant to these Exemptions.

January 21, 2015
FIA-14-0086 - In the Matter of Cheng Che Chen

On January 21, 2015, the Department of Energy’s (DOE) Office of Hearings and Appeals (OHA) denied a Freedom of Information Act Appeal (FOIA) filed by Cheng Che Chen (Appellant) of a determination issued by the National Nuclear Security Administration (NNSA).  In the Appeal, the Appellant challenged NNSA’s search for responsive documents.  OHA found that NNSA conducted a search reasonably calculated to uncover responsive material.  OHA denied the Appeal.

January 21, 2015
FIA-14-0085 - In the Matter of Allegheny Defense Project

On January 21, 2015, the Department of Energy’s (DOE) Office of Hearings and Appeals (OHA) denied a Freedom of Information Act Appeal (FOIA) filed by Allegheny Defense Project (Appellant) of a determination issued by the Office of Information Resources (OIR).  In the Appeal, the Appellant challenged OIR’s withholdings under Exemptions 4 and 5.  OHA found that OIR properly withheld the information under both Exemptions.  OHA denied the Appeal.

January 15, 2015
FIA-14-0082 - In the Matter of Len Latkovski

Len Latkovski (the Appellant) appealed a FOIA determination that the DOE Office of Intelligence and Counterintelligence (IN) issued to him in response to a request for documents that he filed under the Freedom of Information Act (FOIA).  In its determination, IN released three documents responsive to the Appellant’s request seeking information pertaining to a number of Soviet cities.  IN withheld portions of those documents under Exemptions 1, 3 and 6.  The Appellant appealed the determination claiming that IN did not conduct an adequate search for records and that it should not have appli

December 22, 2014
FIA-14-0083 - In the Matter of KIRO 7

On December 4, 2014, KIRO 7 (Appellant) filed an Appeal from a determination issued to it by the National Nuclear Security Administration (NNSA) of the Department of Energy (DOE) (Request No. 12-00202-J).  In that determination, NNSA responded to a request filed under the Freedom of Information Act (FOIA), 5 U.S.C. § 552, as implemented by the DOE in 10 C.F.R.