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October 7, 2014
FIA-14-0064 - In the Matter of Tri-Valley CAREs

On October 7, 2014, The Office of Hearings and Appeals (OHA) denied an Appeal filed by Tri-Valley CAREs (Tri-Valley) under the FOIA of a final determination issued by the National Nuclear Security Administration (NNSA).  Tri-Valley’s request sought “all documents containing information pertaining to the National Nuclear Security Administration's (NNSA) Revised Plutonium Strategy and/or the Alternative Plutonium Strategy from July 11, 2012 to [November 20, 2013].”  In response to this request, NNSA released portions of one responsive document under the Freedom of Information Act (FOIA), fro

October 7, 2014
FIA-14-0050 - In the Matter of Southeastern Legal Foundation

On October 6, 2014, the Department of Energy’s (DOE) Office of Hearings and Appeals (OHA) denied a Freedom of Information Act Appeal (FOIA) filed by Southeastern Legal Foundation (Appellant) of a determination issued by the Office of Information Resources (OIR).  In the Appeal, the Appellant challenged OIR’s withholdings under Exemption 4 and the adequacy of the search conducted for responsive documents.  OHA found that OIR properly withheld the information under Exemption 4, as the information consisted of financial information specifically related to grants and also scientific proposals

September 29, 2014
FIA-14-0051 - In the Matter of Tim Hadley

On September 29, 2014, the Office of Hearings and Appeals (OHA) issued a decision denying an appeal (Appeal) from a Freedom of Information Act (FOIA) determination issued by the Department of Energy’s Office of Inspector General (OIG).

September 19, 2014
FIA-14-0052 - In the Matter of Tim Hadley

On September 19, 2014, the Office of Hearings and Appeals (OHA) issued a decision denying an Appeal from a Freedom of Information Act (FOIA) determination issued by the Office of Information Resources (OIR).  The Appellant, Tim Hadley, appealed a determination by OIR on his re-submitted FOIA Request after it was previously remanded by OHA on August 11, 2014.

August 11, 2014
FIA-14-0047 - In the Matter of Tim Hadley

On August 10, 2014, the Department of Energy’s (DOE) Office of Hearings and Appeals (OHA) issued a Decision and Order concerning a Freedom of Information Act Appeal (FOIA) filed by Tim Hadley (Appellant) of a determination issued by the DOE Office of Information Resources (OIR).  In his Appeal, the Appellant challenged OIR’s withholdings under Exemptions 4 and 6.  OHA found that OIR properly withheld personnel contact and financial information under Exemption 4, but with the possible exception of vendor-related information, which was remanded to OIR for a determination of whether the latte

July 31, 2014
FIA-14-0041 - In the Matter of Ted Sickinger

On July 31, 2014, the Office of Hearings and Appeals (OHA) issued a decision remanding an Appeal from a Freedom of Information Act (FOIA) determination issued by the Bonneville Power Administration (BPA).  The Appellant, Ted Sickinger, appealed BPA’s decision to withhold documents responsive to two parts of his FOIA Request in their entirety pursuant to Exemption 6.   As BPA did not specify the privacy concerns at issue and how they would be compromised by release of the information, OHA concluded that the justifications in BPA’s Determination Letter were conclusory and insufficient.  Acco

July 30, 2014
FIA-14-0042 - In the Matter of Tri-Valley CAREs

In May 2008, Tri-Valley CAREs submitted a revised FOIA request to the DOE for a document titled “B368 Select Agent Risk and Threat Assessment,” dated July 14, 2005.  Jan. 14, 2011, Determination Letter from Carolyn Becknell, FOIA Officer, NNSA, to Appellant.  The responsive document was released to Tri-Valley CAREs after information was redacted under Exemptions 1, 2, and 6.  Id.  NNSA described the information withheld pursuant to Exemption 2 as “High 2” information, i.e., information where “disclosure significantly risks circumvention of agency regulations or statutes.”  See  Crooker v.

July 24, 2014
FIA-14-0045 - In the Matter of Tim Hadley

On July 24, 2014, OHA issued a decision denying a FOIA Appeal filed by Tim Hadley (Appellant) of a determination issued by the Oak Ridge Office (Oak Ridge).  In his Appeal, the Appellant challenged Oak Ridge’s withholdings under Exemption 6.  OHA found that Oak Ridge properly withheld the information under Exemption 6 as applied to particular individuals.  Release of the information would compromise a significant privacy interest of the persons named contractor employees.  In balancing the privacy interests found, OHA considered whether release would further the public interest by shedding

July 21, 2014
FIA-14-0040 - In the Matter of Tim Hadley

On July 21, 2014, OHA issued a decision denying a FOIA Appeal filed by Tim Hadley (Appellant) of a determination issued by the Office of Information Resources (OIR).  OHA also dismissed two other Appeals filed by the Appellant of determinations issued by Office of the Inspector General (OIG) and Oak Ridge Office (Oak Ridge), respectively, on procedural grounds.  In his Appeal of the OIR determination, Mr.

July 21, 2014
FIA-14-0039 - In the Matter of Tim Hadley

On July 21, 2014, OHA issued a decision denying a FOIA Appeal filed by Tim Hadley (Appellant) of a determination issued by the Office of Information Resources (OIR).  OHA also dismissed two other Appeals filed by the Appellant of determinations issued by Office of the Inspector General (OIG) and Oak Ridge Office (Oak Ridge), respectively, on procedural grounds.  In his Appeal of the OIR determination, Mr.