Case No. VFA-0471, 27 DOE ¶ 80,186

February 8, 1999

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Appeal

Name of Petitioner: Beech Grove Technology, Inc.

Date of Filing: January 11, 1999

Case Number: VFA-0471

This Decision and Order concerns an Appeal that Beech Grove Technology, Inc. (BGTI) filed from a determination issued to it by the Department of Energy’s (DOE) Golden Field Office. In this determination, the Golden Office granted in part a request for information that BGTI filed 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. The Appeal, if granted, would require the Golden Office to conduct a further search for responsive materials.

In its request, BGTI sought access to all negative evaluations of its application under the DOE's Inventions and Innovations Program (Solicitation No. DE-PS36-98GO10293). In response to this request, the Golden Office provided BGTI with three "I&I Technical Review" worksheets. These worksheets consist of the comments of three evaluators concerning BGTI's application. In its Appeal, BGTI contests the adequacy of the search for responsive documents. (1)

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., Butler, Vines and Babb, P.L.L.C., 25 DOE ¶ 80,152 (1995). The FOIA, however, requires that a search be reasonable, not exhaustive. "[T]he

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 Weisberg v. Department of Justice, 745 F.2d 1476, 1485 (D.C. Cir. 1984). In cases such as these, "[t]he issue is not whether any further documents might conceivably exist but rather whether the government's search for responsive documents was adequate." Perry v. Block, 684 F.2d 121, 128 (D.C. Cir. 1982).

In order to evaluate the adequacy of the search, we contacted the Golden Office. We were informed that three evaluations of BGTI's application were performed, and that all three were provided to BGTI. See memorandum of February 2, 1999 telephone conversation between Robert Palmer, OHA staff attorney, and Christopher Powers, Golden Field Office. We have examined these documents, and they appear to be complete. Moreover, BGTI has offered no additional information or evidence which would lead us to believe that other relevant documents exist. We therefore find that the search for responsive documents conducted by the Golden Office was adequate, and that BGTI's Appeal should be denied.

It Is Therefore Ordered That:

(1) The Appeal filed by Beech Grove Technology, Inc. on January 11, 1999 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 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 located, or in the District of Columbia.

George B. Breznay

Director

Office of Hearings and Appeals

Date: February 8, 1999

(1)In its Appeal, BGTI also responds to the negative evaluations of its application, and requests that this response be placed in the company's file in the Golden Office. We have forwarded BGTI's Appeal to the Golden Office, which has informed us that it will grant this request.