Case No. VFA-0561, 27 DOE ¶ 80,268

March 28, 2000

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Appeal

Name of Petitioner: Leader Environmental, Inc.

Date of Filing: February 23, 2000

Case Number: VFA-0561

On February 23, 2000, Leader Environmental, Inc., (Leader) filed an Appeal from a determination the Department of Energy’s Oak Ridge Operations Officer (DOE/OR) issued on January 11, 2000. The determination responded to a request for information filed under the Freedom of Information Act (FOIA), 5 U.S.C. § 552, as implemented by the Department of Energy (DOE) in 10 C.F.R. Part 1004. The Appellant challenges the adequacy of DOE/OR’s search for documents responsive to its request.

I. Background

On November 29, 1999, the Appellant requested from DOE/OR “[h]istorical records from Army Office of Research and Development (OSRD) and Contracts between Army OSRD and Westinghouse or related to work at Bloomingfield, New Jersey, including OEMSR519 and OEMSR814.” Letter from Tom Tuori, Leader, to Amy Rothrock, DOE/OR (November 29, 1999). In a subsequent electronic mail message to DOE/OR, Leader elaborated that the “first group of contracts we are looking for were executed in 1941, 1942 and/or possibly early 1943, and were for experimental uranium processing work conducted . . . to support atomic bomb production activities that were eventually transferred from the OSRD to the Manhattan District Corps of Engineers (the ?Manhattan Project’).” Electronic mail from Tom Tuori, Leader, to Amy Rothrock, DOE/OR (December 9, 1999). Leader also expressed interest in

material transfer documentation, bills of lading, receipts, invoices, etc. for the unprocessed uranium that was shipped to the Westinghouse Bloomfield, NJ plant; we suspect that the Army controlled the supply of uranium and was directly involved in the shipments of unprocessed uranium to Westinghouse. The shipments would have occurred during 1942 and early 1943.

Id. Finally, the Appellant provided the names of individuals it believed were involved in the transactions that were the subject of the documents it sought. Id.

In its January 11, 2000 determination, DOE/OR released certain documents it located that were responsive to Leader’s request. Letter from Amy L. Rothrock, DOE/OR, to Tom Tuori, Leader (January 11, 2000). The present Appeal challenges the adequacy of DOE/OR’s search for responsive documents. Letter from Thomas M. Tuori, Leader, to Director, Office of Hearing and Appeals (OHA) (February 17, 2000).

II. Analysis

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) (emphasis in original).

Accordingly, upon receiving the present Appeal, we contacted DOE/OR to inquire as to the search it conducted in response to Leader’s request. DOE/OR informed us that historical contract documents such as those requested by Leader would be found in DOE/OR's Records Holding Task Group (RHTG) collection. Electronic mail from Linda Chapman, Office of Chief Counsel, DOE/OR, to Steven Goering, OHA (March 8, 2000). Staff in this group conducted a search of an RHTG database using the following keywords based on information supplied by Leader: "Westinghouse," "Bloomingfield," "OEMSR519," "OEMSR814," "Vannevar Bush," "J. W. Marden," "Harvey C. Rentschler," "R. C. Stuart," and "R. Newcombs." Electronic mail from Linda Chapman, Office of Chief Counsel, DOE/OR, to Steven Goering, OHA (March 3, 2000). This search revealed two documents entitled "Westinghouse Patent Clause" and three items of correspondence, copies of all of which were provided to the requester. Electronic mail from Linda Chapman, Office of Chief Counsel, DOE/OR, to Steven Goering, OHA (March 2, 2000).(1)

Based on the above descriptions, we conclude that DOE/OR's search was reasonably calculated to uncover the records sought by the Appellant. We have on numerous occasions found that a reasonable search of a computerized document tracking system meets the standard for adequacy set forth in the law. See, e.g., Barbara Schwarz, 27 DOE ¶ 80,245 at 80,874 (1999). Thus, the present Appeal will be denied.

It Is Therefore Ordered That:

(1) The Freedom of Information Act Appeal filed by Leader Environmental, Inc., Case Number VFA-0561, 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 situated, or in the District of Columbia.

George B. Breznay

Director

Office of Hearings and Appeals

Date: March 28, 2000

(1) In processing the present Appeal, we noticed that DOE/OR had searched using the keyword “Bloomingfield,” and we pointed out to DOE/OR that the plant in issue was located in Bloomfield, New Jersey. DOE/OR then performed a similar search of the RHTG database using the keyword “Bloomfield.” Electronic mail from Linda Chapman, Office of Chief Counsel, DOE/OR, to Steven Goering, OHA (March 22, 2000). This search produced an additional potentially responsive document, which has been forwarded to the requester. DOE/OR also searched two card files and one electronic database cataloging “SF-135" forms, which are used to record the transmittal and receipt of records. These additional searches located no responsive documents. Id.