Case No. VFA-0390, 27 DOE ¶ 80,124

April 10, 1998

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Appeal

Name of Appellant: Hobart T. Bolin, Jr.

Date of Filing: March 9, 1998

Case Number: VFA-0390

Hobart T. Bolin, Jr., 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. The subject of the Appeal is a determination letter that the Department’s Oak Ridge Operations Office (OR) issued in response to Bolin’s request for records pursuant to the FOIA. As explained below, we will grant the Appeal and remand this matter to OR to conduct a further search for documents responsive to Bolin’s request.

In his FOIA request, dated November 1, 1997, Bolin asked for records regarding an incident that occurred on the Bethel Valley Project in 1995. Bolin specified that his request included, but was not limited to, the initial safety report, the final safety report, all bioassay test results from the time of the accident to the time he left his employment with a contractor of OR, and all investigative documents and results. He stated that the incident occurred in September 1995. OR responded by releasing several documents concerning Bolin’s radiation exposure measurements, with a determination letter which noted that these documents constituted OR’s final response to Bolin’s request. Bolin then filed this Appeal, contending that OR had conducted an inadequate search for documents. As part of our review of Bolin’s Appeal, we telephoned him. During the telephone conversation, Bolin acknowledged that the incident occurred in August 1995 rather than September 1995. In addition, he identified specific documents he thought he should have received, and provided the names of several individuals who might know the locations of these documents.

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).

We contacted the staff of the FOI office at OR and discussed Bolin’s Appeal with them. Based on Bolin's clarifications and a review of the original search, the staff agreed to conduct a new search for documents. Therefore, we will remand this matter to OR so that it may conduct a further search for responsive documents. OR will release to Bolin any responsive documents that it locates, or will explain the basis for withholding any document or part of a documents it withholds, in a new determination letter, with specific reference to one or more of the exemptions from mandatory disclosure provided in the FOIA.

It Is Therefore Ordered That:

(1) The Freedom of Information Act Appeal filed by Hobart T. Bolin, Jr., Case Number VFA-0390, is hereby granted as specified in Paragraph (2) below.

(2) This matter is hereby remanded to the Department of Energy’s Oak Ridge 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: April 10, 1998