Case No. VFA-0551, 27 DOE ¶ 80,258
February 23, 2000
DECISION AND ORDER
OF THE DEPARTMENT OF ENERGY
Appeal
Name of Petitioner:Janice R. McLemore
Date of Filing: January 13, 2000
Case Number: VFA-0551
On January 13, 2000, Janice R. McLemore 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 December 1, 1999. (1) In her Appeal, Ms. McLemore asserts that OR failed to provide her documents that were responsive to a request for information that she had 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.
I. BACKGROUND
In a request dated September 10, 1999, Ms. McLemore asked for copies of her father’s medical records from the DOE’s Oak Ridge nuclear facility. Additionally, she requested copies of any records pertaining to any accidents or incidents in which her father may have been involved. Her father was an employee at the Y-12 Plant at Oak Ridge. Ms. McLemore provided OR with her father’s name, social security number, badge number and the dates he worked at the Y-12 Plant. On October 6, 1999, OR provided Ms. McLemore with a partial response to her request, in which she was sent a number of documents including medical and radiation exposure records. In its final determination regarding her request, OR provided Ms. McLemore with additional medical records obtained from the federal records facility in Atlanta, Georgia. OR reported that it could not locate any records pertaining to accidents or incidents in which her father had been involved.
Ms. McLemore appeals OR’s final determination on the grounds that she does not believe that OR has provided her with all of her father’s medical records. Specifically she points out that she has not been provided with all her father’s “H-meter” and “Y-meter” film exposure badge records or his
“whole body count” radiation exposure records or urinalysis records. She requests that OR be directed to conduct another search for responsive records. (2)
II. 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. Department 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, Assistant Director, OHA (January 24, 2000). OR informed us that with regard to the portion of the request pertaining to Ms. McLemore’s father’s medical records, OR instituted searches of five systems of records that it determined were most likely to contain responsive information.(3) These five systems of records were searched using the information Ms. McLemore had provided. The system of records are described in the table below:
System of Record Name
Description of records contained in System
DOE-33
Personnel Medical Records
DOE-35
Personnel Radiation Exposure Records
DOE-71
Radiation Accident Registry
DOE-72
DOE Radiation Studies Registry
DOE-73
USDTPA Registry (4)
All responsive documents discovered in the searches of these systems of records were provided to Ms. McLemore.(5)
With regard to Ms. McLemore’s request for records pertaining to accidents or incidents her father may have been involved in, OR conducted a search for responsive records in the Oak Ridge Records Holding Area which contains historical medical and personnel records from the beginning of the Manhattan Project at Oak Ridge. (6) In order that a more effective search could be conducted, OR examined the various administrative codes in Ms. McLemore’s father's personnel file and determined the various buildings in the Y-12 Plant where her father may have worked. (7)OR then searched the Records Holding Area and found 100 boxes that contained documents concerning the buildings where Ms. McLemore’s father may have worked during the time he was employed at the Y-12 Plant. All responsive documents from these boxes were subsequently provided to Ms. McLemore. OR does not know of any other location at Oak Ridge where responsive documents would be found.
Given the facts described above, we believe that OR's search was reasonably calculated to discover responsive documents. OR performed a search of the systems of records where responsive documents were most likely to exist. OR also conducted a search of the Records Holding Area for documents using the names of the buildings in which Ms. McLemore's father may have worked. Further, OR has no knowledge of other locations where responsive documents may exist. With regard to the lack of film badge information, OR has informed us that all badge readings are transcribed into paper records and then transcribed into an electronic database. Consequently, when a request for radiation exposure records is received, such as a request for film badge information, the electronic database is searched along with the duplicate microfiche records of the film badge readings. The film badges themselves are destroyed. (8) See Memorandum of telephone conversation between Linda Snapp, Radiation Controls/Privacy Act Officer, Y-12 Plant, Lockheed Martin Corporation and Richard Cronin, Assistant Director, OHA (February 14, 2000). OR also informed us that if Ms. McLemore’s father had a “whole body count” procedure, the records of the procedure would have been located in the Records Holding Area or in DOE systems of records No. 35, 71, 72 or 73. OR informed us that “whole body count” radiation exposure data may have been broken down into exposure data for various body parts and systems for an individual. Some of the medical records provided Ms. McLemore contain such breakdowns. Further, some of the records provided to Ms. McLemore contain exposure data determined from a “void.” “Void” refers to a collected urine sample. OR has no indication that additional responsive records exist elsewhere. In sum, we find that OR conducted a search that was reasonably calculated to find responsive documents. Consequently, Ms. McLemore’s Appeal should be denied.
It Is Therefore Ordered That:
(1) The Appeal filed by Janice R. McLemore on January 13, 2000, Case No. VFA-0551, 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: February 23, 2000
(1)Ms. McLemore's initial submission did not contain a statement indicating on which grounds she sought to appeal the December 1, 1999 determination letter. See 10 C.F.R. § 1004.8(b). We contacted Ms. McLemore on January 13, 2000, and she informed us as to the grounds of her appeal. Consequently, we deem Ms. McLemore's appeal as filed on January 13, 2000.
(2)In her appeal, Ms. McLemore also sought to appeal OR’s failure to respond to her subsequent request for documents relating to all accidents and incidents at Oak Ridge. In a conference call, OR and Ms. McLemore agreed to work together to try to narrow the scope of this request so that Ms. McLemore would be able to obtain documents in which she had a specific interest. See Record of conference call between Amy Rothrock, OR FOIA Officer, Janice McLemore, and Richard Cronin, Assistant Director, OHA (January 31, 2000). Ms. McLemore withdrew her appeal with regard to OR’s failure to respond.
(3)A system of records is a group of records under DOE control from which information is retrieved by the name of the individual or by some identifying number, symbol or other identifying number, symbol or identifying particulars assigned to the individual. See 10 C.F.R. § 1008.2 (m).
(4)The records contained in this system of records pertain to individuals who received the drug diethylenetriaminepentaacetic acid (DTPA) for treatment of actual or suspected internal contamination with transuranic elements (elements, such as plutonium, with atomic numbers higher than 92, the atomic number for uranium).
(5)Some of the records identified in the searches had to be obtained from a federal record center in Atlanta, Georgia.
(6)The Manhattan Project was the name of the effort to develop the first atomic bomb for the United States during World War II.
(7)Based upon the administrative codes found in his records, OR determined that Ms. McLemore’s father may have worked in the following buildings at the Y-12 plant: Buildings 9201-1 (Alpha-1 Machine Shop), 9201-5 (Alpha-5 Machine Shop), 9201-5E (Alpha-5 East Machine Shop); 9201-5W (Alpha-5 West Machine Shop), 9204-4 (Beta-4 Production Facility), 9212 (A-Wing and F- Wing Machine Shop), 9215 (Rolling Mill), 9766 (Machine Shop) and 9998 (H-2 Foundry).
(8)We were informed that a number of old films exists which can not be linked to particular individuals and which can not be read for radiation exposure levels. Memorandum of telephone conversation between Linda Snapp, Radiation Controls/Privacy Act Officer, Y-12 Plant, Lockheed Martin Corporation and Richard Cronin, Assistant Director, OHA (February 14, 2000)