Case No. VFA-0394, 27 DOE ¶ 80,132

April 27, 1998

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Appeal

Name of Petitioner:Tamara L. Mix

Date of Filing: March 31, 1998

Case Number: VFA-0394

On March 31, 1998, Tamara L. Mix completed the filing of an Appeal from a final determination issued by the Oak Ridge Operations Office (OR) of the Department of Energy (DOE) on February 18, 1998. (1) In its determination, OR informed Ms. Mix that it could not locate documents that were responsive to a request for information that Ms. Mix filed under the Freedom of Information Act (FOIA), 5 U.S.C. § 552, as implemented by the DOE in 10 C.F.R. Part 1004.

BACKGROUND

During a February 1998 visit to the Oak Ridge Reading Room, Ms. Mix obtained a number of documents pertaining to community relations issues (such as land use and city planning) concerning the City of Oak Ridge and the Atomic Energy Commission (AEC) during the late 1940s. In her request for information (sent via electronic mail) dated February 13, 1998 (Request), Ms. Mix requested various additional documents concerning community relations between the AEC and the City of Oak Ridge (Oak Ridge community relations documents). These documents were referenced in the documents she had obtained earlier in the Oak Ridge Reading Room. She also requested Oak Ridge community relations documents concerning the decision on where to locate a particular neighborhood. (2) In a determination letter dated February 18, 1998, OR stated that it had no

responsive documents other than those which were provided to Ms. Mix in her earlier visit to the Oak Ridge Reading Room. In her Appeal, Ms. Mix challenges the adequacy of the search OR conducted for responsive documents.

ANALYSIS

The FOIA requires that federal agencies generally release documents to the public upon request. Following an appropriate request, the FOIA requires agencies to search their records for responsive documents. We have stated on numerous occasions that a 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. See, e.g., Eugene Maples, 23 DOE ¶ 80,106 (1993); Native Americans for a Clean Environment, 23 DOE ¶ 80,149 (1993). To determine whether an agency's search was adequate, we must examine its actions under a "standard of reasonableness." McGehee v. CIA, 697 F.2d 1095, 1100-01 (D.C. Cir. 1983), modified in part on rehearing, 711 F.2d 1076 (D.C. Cir. 1983). This standard "does not require absolute exhaustion of the files; instead, it requires a search reasonably calculated to uncover the sought materials." Miller v. Dep't of State, 779 F.2d 1378, 1384-85 (8th Cir. 1985).

We contacted the FOIA Officer at OR to inquire as to the nature of OR's search for responsive documents. See Memoranda of telephone conversations between Amy Rothrock, FOIA Officer, OR and Richard Cronin, OHA Staff Attorney (April 16 and 17, 1998). She informed us that earlier in 1998, OR received a FOIA request from a different requester seeking similar documents. In response to that FOIA request, OR conducted a search at the National Archives facility at East Point, Georgia, the only facility known by OR to possess responsive documents. (3)OR copied and placed in its Reading Room all of the Oak Ridge community relations documents located at the National Archives facility. It provided these documents to Ms. Mix during her visit to the OR Reading Room. The FOIA Officer also informed us that to the best of her knowledge no other responsive community relations documents exist at OR or at the National Archives facility. In addition, she informed us that she is not aware of any other facility which might possess additional responsive documents.

Given the facts described above, we believe that OR's search was reasonably calculated to discover responsive documents. Pursuant to a similar prior request, OR searched the only facility it believes possesses responsive documents. OR provided Ms. Mix with all of the Oak Ridge community relations documents it discovered while responding to the similar prior request. Further, OR has no knowledge that responsive documents exist elsewhere. Because we find that OR's search was adequate, Ms. Mix's Appeal should be denied.

It Is Therefore Ordered That:

(1) The Appeal filed by Tamara L. Mix on March 31, 1998, Case No. VFA-0394, 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 either in the district where 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 27, 1998

(1)Ms. Mix's initial submission did not contain the required copy of the determination letter from which she appealed. See 10 C.F.R. § 1004.8(b). We deemed Ms. Mix's appeal filed upon our receipt of the determination letter on March 31, 1998.

(2)In the Request, Ms. Mix specifically requested the following documents: (1) the minutes from a April 1949 meeting with a Mr. Wadkins, AEC representatives and African-American community members referenced in Document No. ORF 16149; (2) the minutes from a meeting referenced in Document No. ORF 16141; (3) a mimeograph sheet referenced in Document No. ORF 3316; (4) documentation requested in Document No. ORF 33319; (5) a report requested in Document No. ORF 33328; (6) newspaper clippings referred to in Document No. ORF 16131; and (7) records concerning how the decision was made to site Neighborhood 10.

(3)The National Archives facility at East Point, Georgia, is the depository for inactive records created or received by Federal agencies located in several southern states including Tennessee.