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FOIA Cases

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July 25, 2013
FIA-13-0049 - In the Matter of UNROW Human Rights Impact Litigation Clinic

On July 25, 2013, the Department of Energy’s (DOE) Office of Hearings and Appeals (OHA) denied a Freedom of Information Act (FOIA) Appeal filed by UNROW Human Rights Impact Litigation Clinic (Appellant) of a determination issued by the Office of Information Resources (OIR).  In its request, the Appellant asked for a copy of the “cable from the Embassy of the United State in London bearing the reference ID ‘09LONDON1156’ sent on May 15, 2009, with the subject ‘HMG Floats Proposal for Marine Reserve Covering the Chagos Archipelago (British Indian Ocean Territory.’” In its determination, OIR

July 22, 2013
FIA-13-0050 - In the Matter of Letitia A. Murphy

On July 22, 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 Environmental Management Consolidated Business Center (EMCBC).

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.