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FOIA Cases

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July 17, 2013
FIA-13-0042 - In the Matter of Avery R. Webster

On July 17, 2013, OHA issued a decision granting in part, and denying in part, an appeal (Appeal) from a FOIA determination issued by the Office of Health, Safety and Security (HSS).  The Appellant had filed a FOIA request seeking copies of any and all records that contain the time of arrival and/or departure of a named OHA employee from the DOE Forrestal Building from August 2007 to the present.  The Appellant appealed the decision of HSS to withhold the responsive documents in their entirety pursuant to FOIA Exemption 6, and also contested the adequacy of the search conducted by HSS.  Th

July 17, 2013
FIA-13-0041 - In the Matter of DeShonne E. Massey, Sr.

On July17, 2013, OHA issued a decision granting, in part, an appeal (Appeal) from a FOIA determination issued by the Office of Health, Safety and Security (HSS).  The Appellant had filed a FOIA request seeking copies of any and all records that contain the time of arrival and/or departure of a named OHA employee at the FOHO gym located in the DOE Forrestal Building, from August 2007 to the present.  In its response, HSS stated that after conducting a search of its files, HSS did not locate any responsive documents.  The Appellant contested the adequacy of the search conducted in response t

July 17, 2013
FIA-13-0040 - In the Matter of DeShonne E. Massey Sr.

On July 17, 2013, OHA issued a decision denying an appeal (Appeal) from a FOIA determination issued by the Office of Information Resources (OIR).  The Appellant filed a two-part request under the Freedom of Information Act (FOIA).  The request sought 1) copies of time and attendance records for OHA employees, and 2) copies of counseling memoranda or disciplinary actions involving time and attendance for OHA employees, including, but not limited to, Avery R.

July 17, 2013
FIA-13-0039 - In the Matter of Avery R. Webster

On July 17, 2013, OHA issued a decision denying an appeal (Appeal) from a FOIA determination issued by the Office of Information Resources (OIR).  The Appellant had filed a FOIA request seeking copies of all management training records and documents for four named DOE employees in OHA.  The Appellant appealed the OIR’s decision to withhold portions of the released documents pursuant to Exemption 6 and contested the adequacy of its search.  The withheld portions consisted of certain course titles and course codes that implicate personal privacy information about OHA employees who took those

July 17, 2013
FIA-13-0048 - In the Matter of Ralph Stanton

On July 17, 2013, the Office of Hearings and Appeals (OHA) issued a decision denying a consolidated appeal (Appeal) from a Freedom of Information Act (FOIA) determination issued by the Idaho Operations Office (IOO). Appellants appealed the IOO’s determination that the requested videotape was not an agency record.

July 17, 2013
FIA-13-0047 - In the Matter of Brian Simmons

On July 17, 2013, the Office of Hearings and Appeals (OHA) issued a decision denying a consolidated appeal (Appeal) from a Freedom of Information Act (FOIA) determination issued by the Idaho Operations Office (IOO). Appellants appealed the IOO’s determination that the requested videotape was not an agency record.

July 11, 2013
FIA-13-0045 - In the Matter of Milber, Makris, Plousadis & Seiden, LLP

On July 11, 2013, 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 Office of Health, Safety and Security (HSS). Appellant appealed the HSS’ decision to withhold an entire report pursuant to Exemption 7(a).

July 11, 2013
FIA-13-0043 - In the Matter of Steven Y. Goldsmith

On July 11, 2013, 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 Office of the Chief Information Officer (OCIO). Specifically, the requester, Steven Goldsmith, contested the adequacy of OCIO’s search in response to his Privacy Act request, contending that additional records should have been provided. The OHA reviewed the scope of the search that was performed, and determined that it was adequate. Therefore, the OHA denied the Appeal.

 

July 10, 2013
FIA-13-0046 - In the Matter of Gail M. Sullivan

On July 10, 2013, 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 Office of Legacy Management (LM). Appellant appealed the LM’s decision to withhold information on nine pages of the released document pursuant to Exemption 6.  OHA reviewed the redacted information, which contained badge numbers of employees and health conditions of third parties, and found that they raised significant privacy interests.

June 28, 2013
FIA-13-0037 - In the Matter of Sam Lyle

On June 27, 2013, 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, Sam Lyle contested the adequacy of the ORO’s search in response to his Privacy Act request, contending that additional records should have been provided. The OHA reviewed the ORO’s description of its search and determined that the ORO conducted an adequate search for responsive documents.  Therefore, the OHA denied the Appeal.