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December 14, 2012
FIA-12-0072 - In the Matter of Southern Alliance for Clean Energy

On December 14, 2012, the Office of Hearings and Appeals (OHA) issued a decision remanding in part an appeal (Appeal) from a Freedom of Information Act (FOIA) determination issued by the Loan Guarantee Program Office (LGPO).  The Appellant appealed the LGPO’s decision to withhold portions of the released documents pursuant to Exemption 4 and contested the adequacy of its search.

November 29, 2012
FIA-12-0068 - In the Matter of Amy Woodward

On November 29, 2012, 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 Golden Field Office (GFO).  The Appellant appealed the GFO’s decision to withhold portions of the released documents pursuant to Exemption 4.  The Appellant claimed that Exemption 4 could not apply as the company whose records the Appellant was seeking, Abound Solar, commenced bankruptcy proceedings, and therefore, did not have any “commercial interests” to protect from the public.  However, OHA determined that desp

November 29, 2012
FIA-12-0071 - In the Matter of Martha J. McNeely

On November 29, 2012, the Office of Hearings and Appeals (OHA) issued a decision denying an appeal (Appeal) from a Freedom of Information Act (FOIA) determinations issued by the Department of Energy’s (DOE) Richland Operations Office (ROO) and the DOE’s Oak Ridge Office (ORO). Ms. Martha J. McNeely, the Appellant, sought her medical and radiation exposure records from the period 1947 through 1953 while she was a child living at the now-DOE Hanford facility.  In her Request, the Appellant suggested several locations at ROO where responsive records might exist.

November 16, 2012
FIA-12-0069 - In the Matter of Mary Ann Parker

On November 16, 2012, the Office of Hearings and Appeals (OHA) issued a decision denying an appeal (Appeal) from a Privacy Act determination issued by the Department of Energy’s Oak Ridge Office (ORO). Specifically, the Appellant, Mary Ann Parker, contested the adequacy of the ORO’s search in response to her Privacy Act request, contending that additional records should have been provided and that records from a plant that she previously worked at, the Pinellas Plant, should have been sent to the Albuquerque Office.

November 14, 2012
FIA-12-0070 - In the Matter of Robert Huber

On November 14, 2012, 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 Idaho Operations Office (IOO).  The Appellant appealed the IOO’s decision not to release the requested records.

November 8, 2012
FIA-12-0066 - In the Matter of Chadbourne & Parke LLP

On November 8, 2012, 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 Loan Programs Office (LPO). The Appellant, Chadbourne & Parke LLP, contested the application of FOIA Exemption 5 in withholding portions of documents that the LPO produced in response to the Appellant’s FOIA request.  The LPO stated that the documents were withheld pursuant to the deliberative process privilege of Exemption 5.

November 8, 2012
FIA-12-0062 - In the Matter of Judicial Watch

On November 8, 2012, the Department of Energy’s (DOE) Office of Hearings and Appeals (OHA) granted in part and denied in all other respects a Freedom of Information Act (FOIA) Appeal filed by Judicial Watch (Appellant) of a determination issued by the Office of Information Resources (OIR).  The Appellant challenged the adequacy of DOE’s search and the withholdings under Exemptions 5 and 6 of the FOIA.  As an initial matter, OHA determined that the search at DOE was not yet complete, as the Office of Policy and International Affairs had not yet responded to the request.  Next, OHA found tha

November 1, 2012
FIA-12-0060 - In the Matter of California-Arizona-Nevada District Organization Contract Compliance

On November 1, 2012, 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 Loan Guarantee Program Office (LGPO). California-Arizona-Nevada District Organization Contract Compliance, the Appellant, requested a copy of documents relating to the loan guarantee contract for the Aqua Caliente Solar Project (Project). Specifically the Appellant requested the names of contractors and subcontractors referenced in the loan agreement.

November 1, 2012
FIA-12-0057 - In the Matter of Tom Thielen

Tom Thielen filed a Privacy Act Appeal regarding a determination issued to him by the Department of Energy’s Richland Operations Office (Richland).  Richland had previously withheld certain information from Mr. Thielen’s employee concerns file and Mr.

October 31, 2012
FIA-12-0065 - In the Matter of Advanced Technology Corporation

On October 31, 2012, 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 Oak Ridge Office (ORO).