The National Security Archive filed an Appeal from a determination that the National Nuclear Security Administration (NNSA) issued on April 21, 2011. In that determination, NNSA denied in part a request for information that the National Security Archive had submitted on November 29, 2006, pursuant to the Freedom of Information Act (FOIA), 5 U.S.C. § 552.
The Appellant documents related to the “First Meeting of the Parties to the Montreal Protocol on Substances that Deplete the Ozone Layer” held in Helsinki, Finland on May 2-5, 1989. OIR forwarded the request to the Office of Policy and International Affairs (OPIA) and the Executive Secretariat (ES) for a search of their records.
The appellant filed a Privacy Act request for his personnel security file. In its determination, IR withheld portions of five documents under Privacy Act Exemption (k)(1) and Freedom of Information Act (FOIA) Exemptions 1, 3, and 6. Due to the classified nature of the information withheld under Privacy Act Exemption (k)(1) and FOIA Exemption 1, the Appeal was bifurcated and the portion of the Appeal that challenged those withholdings was assigned Case No. FIC-12-0001, and will be addressed in a future decision.
The Appellant requested documents related to the Tianjin Climate Change Talks held October 4 to 9, 2010. The Appellant listed three DOE official who it alleged participated in the conference, Casey Delhotal, Richard Duke, and Elmer Holt.
The Office of Hearings and Appeals (OHA) issued a decision granting in part an appeal from a Freedom of Information Act (FOIA) determination issued by the Office of Information Resources (OIR). The National Security Archive (NSA) filed a FOIA request for documents relating to the Bonn Climate Change talks in August 2010. OIR conducted a search and located one responsive document. NSA challenged the adequacy of the search and the OIR agreed to search the retired records at the Washington National Records Center. Consequently, we remanded this matter to OIR so that a search of those records could be performed.
The Appellant requested “[a]ll communications with Nancy-Ann DeParle, any other member of the Obama administration, or any third party regarding the development and implementation of ‘alternative administrative measures’ to advance the president’s policy goals in circumvention of the legislative branch of the federal government.”
The Department of Energy’s (DOE) Office of Hearings and Appeals (OHA) Director granted in part and denied in all other respects a Privacy Act Appeal filed by Thomas R. Thielen. Mr. Thielen filed a request with the DOE’s Richland Operations Office for documents regarding a safety concern he raised to CH2M Hill Plateau Remediation Company (CHPRC).
Ryan Noah Shapiro filed an appeal from a determination the Department of Energy’s (DOE) Office of Intelligence and Counterintelligence (IN) issued on April 5, 2012. In its determination, IN responded to a request for documents that Mr. Shapiro submitted under the Freedom of Information Act (FOIA), 5 U.S.C. § 552, as implemented by the DOE in 10 C.F.R. Part 1004.
The appellant filed a FOIA request asking for, inter alia, “all information related in any way to any complaints of any kind, investigations, administrative actions and/or prosecutions involving Masters Capital Management and/or its CEO Michael Masters.” In its Determination Letter, OIG issued a Glomar response. It informed the appellant that it neither confirmed or denied the existence of an any such records described in the request.