Case No. VFA-0374, 27 DOE ¶ 80,118

March 10. 1998

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Appeal

Name of Appellant: STAND of Amarillo

Date of Filing: February 9, 1998

Case Number: VFA-0374

STAND of Amarillo (STAND) files this Appeal under the Freedom of Information Act (FOIA), 5 U.S.C. § 552, as implemented by the Department of Energy (the Department), at 10 C.F.R. § 1004.(1) The subject of the Appeal is a determination letter issued to STAND by the Freedom of Information (FOI) Officer of the Department’s Albuquerque Operations Office (AOO). The determination letter replied to STAND’s request for material pursuant to the FOIA. As explained below, we will grant the Appeal and remand this matter to AOO to conduct a further search for documents responsive to STAND’s request.

In its original request, STAND asked for materials regarding contamination associated with the dismantling of the W-55 nuclear weapon system from October 1995 to March 1996.(2) The request specified several types of documents that STAND was seeking.

AOO responded by releasing several documents and issuing a determination letter, which noted that these documents constituted AOO’s final response to STAND’s request. STAND then filed this Appeal, contending that AOO’s response was inadequate.

STAND’s contention is based on testimony from a hearing conducted by the Department of Labor, Williams et al. vs. Mason & Hanger

Corp., Case Nos. 97-ERA-14, 18-22, June 23-30, 1997. The hearing involved charges of retaliation against whistleblowers at the Pantex facility, which is under the jurisdiction of AOO. STAND’s Appeal letter cites what it claims are statements by Pantex employees at the hearing, which indicate that other documents responsive to STAND’s request may exist.

The FOIA requires that documents held by federal agencies generally be released to the public upon request. Following an appropriate request, agencies are required to search their records for responsive documents. We have stated often that an FOIA request deserves a thorough and conscientious search for responsive documents, and we have not hesitated to remand a case where it is evident that the search conducted was in fact inadequate. E.g., National Resources Defense Council, 26 DOE ¶ 80,229 (1997); Acadian Gas Pipeline System, 26 DOE ¶ 80,160 (1997); James H. Stebbings, 25 DOE ¶ 80,177 (1996); Butler, Vines and Babb, PLLC, 25 DOE ¶ 80,152 (1995); In Defense of Animals, 24 DOE ¶ 80,151 (1995); Native Americans for a Clean Environment, 23 DOE ¶ 80,149 (1993); Eugene Maples, 23 DOE ¶ 80,106 (1993); Barton Kaplan, 22 DOE ¶ 80,125 (1992); James L. Schwab, 21 DOE ¶ 80,138 (1991); Glen Milner, 17 DOE ¶ 80,132 (1988); Hideca Petroleum Corp., 9 DOE ¶ 80,108 (1981); Charles Varon, 6 DOE ¶ 80,118 (1980).

We contacted the staff of the FOI office at AOO and discussed the Appeal with them. The staff agreed to conduct a new search for documents based on the information provided in STAND’s Appeal letter. Therefore, though we recognize that AOO has already located documents responsive to STAND’s request, we will remand this matter for the limited purpose of conducting a further search for the additional documents described in STAND’s Appeal letter. Any additional responsive documents that AOO locates will be released to STAND, or the basis for their withholding will be explained in a new determination letter, with specific reference to one or more FOIA exemptions.

It Is Therefore Ordered That:

(1) The Appeal filed by STAND of Amarillo, Case Number VFA-0374, is hereby granted as specified in Paragraph (2) below.

(2) This matter is hereby remanded to the Department of Energy’s Albuquerque Operations Office, which shall issue a new determination in accordance with the instructions set forth in the above Decision and Order.

(3) 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: March 10, 1998

(1) STAND is an acronym for Serious Texans Against Nuclear Dumping. Appeal at 1.

(2) Letters dated August 19, 1997 and August 20, 1997 from STAND of Amarillo to the Albuquerque Operations Office Freedom of Information Officer.