Case No. VFA-0303, 26 DOE ¶ 80,200

July 8, 1997

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Appeal

Name of Petitioner: Mary J. Griffin Barnett

Date of Filing: June 9, 1997

Case Number: VFA-0303

On June 9, 1997, Mary J. Griffin Barnett filed an Appeal from a determination issued to her on May 22, 1997 by the Oak Ridge Operations Office (OR) of the Department of Energy (DOE). That determination concerned a request for information submitted by Ms. Barnett pursuant to the Freedom of Information Act (FOIA), 5 U.S.C. § 552, as implemented by the DOE in 10 C.F.R. Part 1004. If the present Appeal were granted, OR would be required to conduct a further search for responsive material.

I. Background

In a December 18, 1996 letter, Ms. Barnett requested from DOE Headquarters any information pertaining her mother, Lillie Cora Griffin (Mrs. George B. Griffin). In her request, Ms. Barnett stated that sometime during 1948, 1949 or 1950, her mother was ill and a patient at a Harlan, Kentucky hospital.(1) In support of her belief that a DOE facility at Oak Ridge has records responsive to her request, Ms. Barnett related the following account of her mother's illness. She and her father were informed by her mother's physician that he was making arrangements to have her treated with a new drug at a government facility at Oak Ridge, Tennessee. Ms. Barnett's mother was subsequently transported to the Oak Ridge facility and was admitted for treatment. However, when Ms. Barnett and her father tried to escort her mother into the Oak Ridge facility, they were stopped and told they could not enter since Oak Ridge was a secret government facility. Ms. Barnett further stated that, after her mother's treatment at Oak Ridge, her mother could not remember much about her stay there other than she was asked to drink an "atomic cocktail."

DOE Headquarters could not find any records regarding Ms. Barnett's mother. However, since Ms. Barnett indicated in her request that her mother had been treated at Oak Ridge, DOE Headquarters suggested that Ms. Barnett contact OR and make a request for records pertaining to her mother.

On April 14, 1997, Ms. Barnett made a request for information regarding her mother to OR. The request contained Ms. Barnett's account of her mother's visit to the hospital at Oak Ridge. In a determination letter dated May 22, 1997, OR informed Ms. Barnett that it could find no information regarding Ms. Barnett's mother relating to her treatment as a patient at Oak Ridge.

OHA received Ms. Barnett's appeal of OR's determination on June 9, 1997. In her appeal, Ms. Barnett did not specifically state the grounds for her appeal but apparently challenges the adequacy of the search that was made for responsive documents.

II. Analysis

In responding to a request for information filed under the FOIA, it is well established that an agency must "conduct a search reasonably calculated to uncover all relevant documents." Truitt v. Department of State, 897 F.2d 540, 542 (D.C. Cir. 1990). "The 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. Department of State, 779 F.2d 1378, 1384-85 (8th Cir. 1985); accord Truitt, 897 F.2d at 542. 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 ¶ 80,102 (1988).

In reviewing the present Appeal, we contacted OR to ascertain the extent of the search that had been performed for responsive documents. OR informed us that the Oak Ridge Institute for Nuclear Studies (ORINS) operated a hospital that treated patients from 1950 through the mid-1980s. All of the patient records of this hospital are now maintained by Oak Ridge Associated Universities. All patient records for the ORINS hospital are indexed by patient name in a computer database. This database was searched using both of the names that Ms. Barnett provided for her mother. No records were found. (2) See Memorandum of telephone conversation between Linda Chapman, OR, and Richard Cronin, OHA Staff Attorney (June 18, 1997). Given the above facts, we believe OR conducted an adequate search for records. The only facility which would maintain relevant records was searched using a computer database by each name Ms. Barnett provided. We believe that this search was reasonably calculated to uncover responsive documents. Consequently, we must deny Ms. Barnett's appeal.

It Is Therefore Ordered That:

(1) The Appeal filed on June 9, 1997 by Mary J. Griffin Barnett, Case No. VFA-0303, 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 the provisions of 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: July 8, 1997

(1)Ms. Barnett attempted to obtain records from the Harlan, Kentucky hospital where her mother was initially treated but was informed such records would have been destroyed since the hospital did not retain records over 15 years old.

(2)We were also informed that during World War II, Oak Ridge maintained a hospital which treated military and civilian personnel. After World War II, this facility and its records were turned over to the city of Oak Ridge and the facility subsequently became Methodist Medical Center of Oak Ridge. However, all of its patient records from the World War II period were destroyed in a fire. See Memorandum of telephone conversation between Linda Chapman, OR, and Richard Cronin, OHA Staff Attorney (June 18, 1997).