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FOIA Cases

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May 16, 2014
FIA-14-0025 - In the Matter of Tim Hadley

On May 16, 2014, the Office of the Chief Information Officer (CIO) issued a decision denying an appeal (Appeal) from a Freedom of Information Act (FOIA) determination issued by the Department of Energy’s (DOE) Office of Hearings and Appeals (OHA). The Appellant, Tim Hadley, sought records relating to American Recovery and Reinvestment Act (ARRA) whistleblower cases processed by OHA including case number, case date, plaintiff and defendant and case outcome.

May 8, 2014
FIA-14-0024 - In the Matter of Martin Becker

On May 8, 2014, The Office of Hearings and Appeals (OHA) denied an Appeal filed by Martin Becker under the FOIA of a final determination issued by the Office of Information Resources (OIR).  Mr. Becker’s request sought “a copy of any and all correspondence including but not limited to emails, memorandums, phone logs and logs of conversations” to and from two individuals within the DOE, that he described only as "Jim" and "David," between August 9, 2013, and December 17, 2013, regarding Mr. Becker or any matters relating to Mr.

April 22, 2014
FIA-14-0022 - In the Matter of Oles, Morrison, Rinker, Baker LLP

On April 22, 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 Richland Operations Office (ROO). The Appellant, Oles, Morrison, Rinker, Baker LLP, contested the adequacy of the search for documents responsive to its FOIA request.  The Appellant is a law firm that represents Babcock Services, Inc.

April 16, 2014
FIA-14-0019 - In the Matter of Robert Orr, Jr.

On April 16, 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 Oak Ridge Office (ORO). The Appellant, Robert Orr, Jr., contested the adequacy of ORO’s search for responsive documents. The OHA reviewed ORO’s description of its search, explaining that a search was conducted by the Oak Ridge National Laboratory (ORNL) by its legal and contracts groups, and they could not locate any responsive documents. Based on the sufficiency of the search terms applied by ORNL in searching for the documents, the OHA determined that the search conducted was adequate and denied the Appeal.

April 11, 2014
FIA-14-0021 - In the Matter of John Qualls

John Qualls appealed a FOIA determination that the DOE’s Bonneville Power Administration (BPA) issued to him regarding March 2014 Freedom of Information Act request for audio and video security recordings pertaining to a particular BPA substation.  In March 2014, BPA issued a determination indicating that it did not have records responsive to Mr.

March 24, 2014
FIA-14-0017 - In the Matter of Donna Deedy

On March 24, 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 of Health, Safety and Security (HSS).  The Appellant appealed HSS’s determination as it failed to provide a “list of all Government-owned, contractor-operator facilities where DOE exercises statutory authority to enforce occupational safety and health rules.”  HSS explained it does not maintain a list of the nuclear and non-nuclear facilities that DOE oversees, and that it specifically does not h

March 13, 2014
FIA-14-0016 - In the Matter of Don Joiner

On March 13, 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 Idaho Operations Office (IOO). The Appellant appealed the IOO’s determination that the requested winning bid amount on a subcontract was not an agency record. IOO informed OHA that the requested information was maintained by its contractor, Battelle Energy Alliance (BEA), as BEA created the records with that information and DOE has not received them.

March 6, 2014
FIA-14-0015 - In the Matter of Bill Streifer

On March 6, 2014, The Office of Hearings and Appeals (OHA) denied an Appeal filed by Bill Streifer under the FOIA of a final determination issued by the Office of Science’s Chicago Office.  Mr. Streifer’s request sought “all communications and documentation concerning Fritz J. Hansgirg’s U.S. Patent #2,156,851 which was in possession of the Argonne National Laboratory prior to November 21, 1942, when Urey and Gross[e] filed U.S.

February 28, 2014
FIA-14-0010 - In the Matter of Exchange Monitor Publications

On February 28, 2014, the Department of Energy’s (DOE) Office of Hearings and Appeals (OHA) denied a Freedom of Information Act Appeal (FOIA) filed by Exchange Monitor Publications (Appellant) of a determination issued by the Office of the Information Resources (OIR).  In its request, the Appellant asked for all electronic communications between the offices of the Deputy Secretary of Energy, Assistant Secretary for Fossil Energy, and the National Energy Technology Lab (NETL) Director regarding concerns over NETL management between June 1 and September 27, 2013.

February 21, 2014
FIA-14-0008 - In the Matter of Paul DeRienzo

On February 21, 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 Richmond Operations Office (ROO).  The Appellant requested a “database printout of any documents with the keywords of “heat exchanger 4A” for the time period of 1963 through 1964 and any meeting minutes regarding leakages in the heat exchangers on or around July 18, 1963 and on or around     June 10, 1963 with representatives of Burns & Roe, Combustion Engineering, and Kaiser Engineer as r