Case No. VFA-0277, 26 DOE ¶ 80,173

April 1, 1997

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Appeal

Name of Petitioner: Daniel J. Bruno

Date of Filing: March 7, 1997

Case Number: VFA-0277

On March 7, 1997, Daniel J. Bruno (Appellant) filed an Appeal from a final determination issued on February 23, 1997 by the Department of Energy (DOE). In that determination, the DOE released copies of 33 documents requested by the Appellant. However, portions of several of these documents were withheld under FOIA Exemption 6. This partial release occurred in response to a request for information filed by the Appellant, under the Freedom of Information Act (FOIA), 5 U.S.C. § 552(b), as implemented by the DOE in 10 C.F.R. Part 1004. This Appeal, if granted, would require the DOE to release an additional document.

The sole issue before us is the Appellant's contention that the DOE should have located and released to him a copy of a written statement allegedly submitted by a Ms. Linda Ruhnow to a Ms. Caryl A. Butler-Gross of the Office of Energy Intelligence (OEI) regarding the Appellant's grievance action.

In order to determine the validity of the Appellant's claim we spoke with an OEI official who has personal knowledge of the search for responsive documents in this case. That official informed us that he had personally discussed this matter with Ms. Butler-Gross. Memorandum of March 13, 1997, Telephone Conversation between Edward McGinnis, OEI, and Steven Fine, OHA. That official indicated that Ms. Butler-Gross had emphatically denied ever receiving any written statements concerning the Appellant's grievance proceeding from any third party, including Ms. Ruhnow.

If a requester has reasonably described the information he or she is seeking and has complied with the DOE's FOIA regulations appearing at 10 C.F.R. Part 1004, the agency is obliged to conduct a thorough and conscientious search for responsive documents. We have not hesitated to remand a case where it is evident that the search conducted was in fact inadequate. See, e.g., Glen Milner, 17 DOE ¶ 80,132 (1988); Hideca Petroleum Corp., 9 DOE ¶ 80,108 (1981). However, the FOIA requires that a search be reasonable, not exhaustive. "[T]he standard of reasonableness which we apply to agency search procedures does not require absolute exhaustion of the files; instead, it requires a search reasonably calculated to uncover the sought materials." Miller v. United States Dep't of State, 779 F.2d 1378, 1385 (8th Cir. 1985); accord, Weisberg v. Department of Justice, 745 F.2d 1476, 1485 (D.C. Cir. 1984).

We find that the OEI official's discussion with the individual who, the appellant claims, received the document in question fulfilled the DOE's obligation to conduct a reasonable search for responsive documents. Under the circumstances, DOE's failure to locate the document to which the appellant refers was not erroneous. Accordingly, we have determined that this Appeal should be denied.

It Is Therefore Ordered That:

(1) The Freedom of Information Act Appeal filed by Daniel J. Bruno on March 7, 1997 (Case Number VFA-0277) is hereby denied.

(2) This is a final order of the Department of Energy from which any aggrieved party may seek judicial review pursuant to 5 U.S.C. § 552(a)(4)(B). Judicial review may be sought in the district in which the requester resides or has a principal place of business, or in which the agency records are situated, or in the District of Columbia.

George B. Breznay

Director

Office of Hearings and Appeals

Date: April 1, 1997