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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.

December 15, 2014
FIA-14-0084 - In the Matter of Torres Law Group, LLC

On September 29, 2014, the Appellant filed a request with Richland for “[a]ll certified payroll records for Intermech Inc. covering all work performed . . . [and] [c]opies of employee time sheets in support of the referenced certified payroll reports” for work performed under Contract No. 36883 Release 19, the Realignment of Extraction Wells ME51 and ME52, at the Hanford Nuclear Site.  Request Letter dated September 29, 2014, from Anna L.

December 11, 2014
FIA-14-0080 - In the Matter of SNL Energy

On December 10, 2014, 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, SNL Energy (Appellant), challenged an OIR determination in which it withheld portions of requested Form OE 417s - specifically, information related to various criminal acts which had been committed against electric transformer equipment.

November 26, 2014
FIA-14-0071 - In the Matter of Alex Wellerstein

On November 4, 2014, Alex Wellerstein (Appellant) filed an Appeal from a determination issued to him by the Office of Resource Management (RM) of the Office of Environment, Health, Safety, and Security of the Department of Energy (DOE) (Request No. HQ-2014-01568-F).  In that determination, RM 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. Part 1004.  RM released three documents to the Appellant.  This Appeal, if granted, would require RM to perform an additional search for responsive documents.

November 21, 2014
FIA-14-0078 - In the Matter of Joseph Ercole

Joseph Ercole (the Appellant) appealed a FOIA determination that the DOE Office of Science Chicago Office (CH) issued to him in response to a request for documents that he filed under the Freedom of Information Act (FOIA) regarding a job vacancy announcement for which he applied and was not selected.  In September 2014, CH issued a determination in which it identified and released various responsive documents, withholding portions of some documents pursuant to FOIA Exemption 6.  The Appellant appealed CH’s determination with respect to a portion of his FOIA request for which CH indicated t

November 21, 2014
FIA-14-0073 - In the Matter of Tim Hadley

Tim Hadley (the Appellant) appealed two FOIA determinations that the DOE’s Office of Headquarters Procurement Services (Procurement) issued to him in response to two related requests for documents that he filed under the Freedom of Information Act (FOIA) regarding contracts, task orders, agreements, etc., with “no deliverables.”  In October 2014, Procurement issued determinations indicating that it did not have records responsive to the Appellant’s requests.  On appeal, in response to OHA’s inquiry, Procurement informed us that, after receiving Appellant’s FOIA requests, it consulted with