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FOIA Cases

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December 18, 2013
FIC-13-0001 - In the Matter of Greg Marlowe

On June 21, 2013, Greg Marlowe filed an Appeal from a determination issued by the National Archives and Records Administration (NARA) under the Freedom of Information Act.  Mr. Marlowe filed a request for documents concerning a patent awarded to W.F. Libby for his work involving uranium enrichment.

December 16, 2013
FIA-13-0074 - In the Matter of Torres Consulting & Law Group, LLC

On December 16, 2013, the Department of Energy’s (DOE) Office of Hearings and Appeals (OHA) remanded in part a Freedom of Information Act (FOIA) Appeal filed by Torres Consulting & Law Group, LLC, (Appellant) of a determination issued by the Loan Programs Office (LPO).  In its request, the Appellant requested certified payroll records of contractors.  LPO released documents to the Appellant but withheld information under Exemptions 4 and 6 of the FOIA.  The Appellant claimed that LPO improperly withheld the wage rates under Exemption 4.  OHA disagreed stating that release of that infor

December 10, 2013
FIA-13-0071 - In the Matter of Kristopher Fair

On December 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 Intelligence and Counterintelligence (IN).  The Appellant, Kristopher Fair, contested IN’s search for responsive documents and appealed IN’s invocation of Exemptions 1, 3 and 6.  This decision only concerned the adequacy of search, Exemption 6 and Exemption 3 to the extent that it was invoked pursuant to the National Security Act.  In reviewing the appeal, OHA determined that IN conducted an adequate searc

December 3, 2013
FIA-13-0073 - In the Matter of Gabriele Weber

On December 3, 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 Department of Energy’s National Nuclear Security Administration (NNSA). The Appellant contested the adequacy of the search for documents responsive to its FOIA request.

December 3, 2013
FIA-13-0067 - In the Matter of Julie A. Reddick

Julie A. Reddick filed two Appeals regarding a request that she made under the Freedom of Information Act (FOIA) to the National Nuclear Security Administration (NNSA) and the Environmental Management Consolidated Business Center (EMCBC) for two specific documents generated during an Employee Concerns investigation.  In a September 23, 2013, response, to Ms.

December 3, 2013
FIA-13-0063 - In the Matter of Julie A. Reddick

Julie A. Reddick filed two Appeals regarding a request that she made under the Freedom of Information Act (FOIA) to the National Nuclear Security Administration (NNSA) and the Environmental Management Consolidated Business Center (EMCBC) for two specific documents generated during an Employee Concerns investigation.  In a September 23, 2013, response, to Ms.

November 25, 2013
FIA-13-0059 - In the Matter of Hanford Atomic Metals Trades Council

On November 25, 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 Department of Energy’s (DOE) Richland Operations Office (ROO). The Hanford Atomic Metals Trades Council (Appellant), sought categories of records concerning communications between DOE employees and DOE-contractor employees at the DOE’s Hanford facility regarding collective bargaining, desired changes in wages, terms and conditions of employment, potential strikes, or closures.

November 20, 2013
FIA-13-0062 - In the Matter of Dinsmore & Shohl, L.L.P.

Dinsmore & Shohl, L.L.P. (D&S) filed an Appeal regarding a Freedom of Information Act (FOIA) request that it filed with the National Nuclear Security Administration (NNSA) for documents pertaining to the Waste Solidification Building Project at the Department of Energy’s (DOE) Savannah River Nuclear Site in Aiken, South Carolina.

November 15, 2013
FIA-13-0069 - In the Matter of National Security Archive

On November 15, 2013, the Office of Hearings and Appeals (OHA) issued a decision remanding an appeal (Appeal) from a Freedom of Information Act (FOIA) determination issued by the Office of Information Resources.  The Appellant appealed OIR’s decision to withhold information from the released documents pursuant to Exemption 5.  OHA reviewed OIR’s determination letter and concluded that was inadequate.  The determination letter was too vague and conclusory as it did not explain how the decision making process would be compromised by release of the redacted information nor did it sufficiently

November 14, 2013
FIA-13-0061 - In the Matter of Hanford Atomic Metals Trades Council

On November 14, 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 Department of Energy’s (DOE) Richland Operations Office (ROO) . The Hanford Atomic Metals Trades Council (Appellant), sought categories of records concerning communications between DOE employees and DOE-contractor employees at the DOE’s Hanford facility regarding collective bargaining, desired changes in wages, terms and conditions of employment, potential strikes, or closures.