Case No. VFA-041927 DOE ¶ 80,144

June 8, 1998

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Appeal

Name of Applicant: Jones, Walker Waechter, Poitevent Carrère & Denègre, L.L.P.

Case Number: VFA-0419

Date of Filing: May 6, 1998

On May 6, 1998, Jones, Walker Waechter, Poitevent Carrère & Denègre, L.L.P., filed an Appeal from a determination issued by the Federal Energy Technology Center (FETC) of the Department of Energy under the Freedom of Information Act (FOIA). 5 U.S.C. § 552. The firm sought from FETC, the original supervising entity, documents on the Mound Site Plume Treatment System contract at the Rocky Flats Environmental Technology Site. Before issuing the contract, FETC gave contract authority to the Rocky Flats Field Office (RFFO). FETC later transferred the firm’s FOIA request to RFFO. During the appeal of RFFO’s determination, FETC found responsive documents submitted before transfer of its authority. Jones, Walker, Waechter, Poitevent, Carrère & Denègre, L.L.P., 27 DOE ¶ 80,127 at 80,564, n.* (1998).

In its March 31, 1998 determination letter, FETC withheld all documents under Exemption 4, which permits withholding of “trade secrets and confidential or financial information.” 5 U.S.C. § 552(b)(4). FETC found that because RFFO had not let the new contract, release of the information could cause harm “to any future competition for the work.” FETC informs us that RFFO recently awarded the contract. Because the factual predicate for the FETC determination no longer applies, we will remand this matter to FETC for a new determination. See STAND of Amarillo, Inc., 26 DOE ¶ 80,105 at 80,513 (1996).

It Is Therefore Ordered That:

(1) The Appeal filed by Jones, Walker Waechter, Poitevent Carrère & Denègre, L.L.P., is hereby granted, remanded to the Federal Energy Technology Center for a new determination, and denied in all other respects.

(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: June 8, 1998