Case No. VFA-0597, 28 DOE ¶ 80,110

September 6, 2000

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Appeal

Name of Petitioner: Randall Brown

Date of Filing: July 28, 2000

Case Number: VFA-0597

Randall Brown (Brown) filed this Appeal on July 28, 2000, with the Office of Hearings and Appeals (OHA) of the Department of Energy (DOE) in response to a determination that the DOE Ohio Field Office (DOE/Ohio) issued to Brown on July 3, 2000. The determination concerned a request for information that Brown submitted pursuant to the Privacy Act, 5 U.S.C. § 552a, as implemented by the DOE in 10 C.F.R. Part 1008. If the present Appeal were granted, Ohio would be required to release any responsive material.

The Privacy Act was enacted to prevent the unnecessary dissemination of personal information compiled about individuals by federal agencies. The Act also requires each agency to permit a requester to gain access to information pertaining to him that is contained in any system of records maintained by the agency. 5 U.S.C. § 552a(d). DOE regulations define a system of records as “a group of any records under DOE control from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particulars assigned to the individual.” 10 C.F.R. § 1008.2 (m).

I. Background

According to Brown, he was a truck driver for a DOE sub-contractor during 1971 and 1972. Brown alleges that he was exposed to radiation during those years as a result of entering controlled areas at several DOE sites and transporting radioactive materials. Telephone Conversation between Brown and Valerie Vance Adeyeye, OHA (August 29, 2000). Brown currently suffers from kidney disease, and at the request of one of his doctors, is seeking information on the extent of his exposure to radiation. Letter from Brown to Senator Jim Bunning (November 26, 1999) (Request). In his Request, Brown had asked for all records relating to Brown located in DOE facilities in Paducah, Kentucky; Portsmouth, Ohio; Oak Ridge, Tennessee; Cincinnati, Ohio; and Erwin, Tennessee. The Senator forwarded the Request to the Environmental Protection Agency (EPA). The EPA informed Brown that it had some responsive material, but advised him that the DOE may have additional

material, and forwarded the Request to DOE headquarters. Letter from EPA to Brown (December 15, 1999). The FOIA/Privacy Act Division of DOE (DOE/HQ) determined that DOE’s Oak Ridge Operations Office (DOE/OR) may have some responsive material, and it transferred the Request to the FOIA Officer at that location.

The DOE/OR FOIA Officer found no responsive material, and transferred the Request to the FOIA Officer at DOE/Ohio in a memo dated May 9, 2000. On July 3, 2000, DOE/Ohio sent Brown a determination letter stating that no responsive records could be located. On July 28, 2000, Brown filed this Appeal.

II. Analysis

We have investigated the searches conducted by DOE/OR and DOE/Ohio in response to Brown’s Request. DOE/OR contacted the following DOE locations for responsive material: the K-25 plant, the Y-12 plant, Oak Ridge National Laboratory, Paducah Gaseous Diffusion Plant, Portsmouth Gaseous Diffusion Plant, and plants in Weldon Springs and Newport News, Virginia. DOE/OR also searched medical, personnel, personnel security, and industrial hygiene records for information related to Brown. However, Brown worked for a sub-contractor, and, according to DOE/OR, sub- contractors, not DOE, maintain records on sub-contractor employees. Memorandum of Telephone Conversation between Linda Chapman, DOE/OR, and Valerie Vance Adeyeye, OHA (August 17, 2000). In addition, a dosimetry manager at the former K-25 plant stated that persons entering the controlled areas for a short period of time, such as truck drivers like Brown, were assigned Personnel Nuclear Accident Dosimeters (PNADs). Electronic Mail message from N. Kiely, Dosimetry Manager, East Tennessee Technological Park, to Linda Chapman, DOE/OR (April 24, 2000). However, the PNADs are not normally used to assess radiation dose to an individual, and are read only in the case of a “criticality.” Id. Thus, while it is common for individuals to be issued PNADs, they are often excluded from radiation monitoring programs. Id.

DOE/Ohio informed us that they contacted the Fernald Environmental Management Project (Fernald), the DOE contractor at the Fernald Site. Fernald’s Dosimetry Division searched its files against Brown’s name and Social Security number, but no responsive records were located. Electronic mail message from Marian Schomaker, DOE/Ohio, to Valerie Vance Adeyeye, OHA (August 15, 2000). As a further search, Fernald also checked Security Vehicle logs from the time period that Brown referenced in his request (1971-72). There was an entry in the logs for two temporary badge numbers assigned to “R. Brown,” an employee of a firm called Eck Miller. Fernald concluded that this was not the requester, assuming that Brown had worked for Union Carbide. Nonetheless, Fernald conducted a search using the two badge numbers, but found no related records. According to DOE/Ohio, these are the only locations where responsive records would be found. No other areas maintain dosimetry information. Electronic Mail Message from Marian Schomaker, DOE/Ohio, to Valerie Vance Adeyeye, OHA (August 15, 2000).

To further this investigation, we contacted Brown, who told us that he had indeed worked for Eck Miller in 1971-1972. Memorandum of Telephone Conversation between Brown and Valerie Vance Adeyeye, OHA (August 29, 2000). We informed DOE/Ohio that the requester was in fact the “R. Brown” listed in the log, and the Fernald Records Manager conducted another search of its archives using “R. Brown” and Brown’s Social Security number. No responsive material was located other than the logs. Electronic Mail Message from DOE/Ohio to Valerie Vance Adeyeye (August 30, 2000). We have requested that DOE/Ohio send Brown a copy of the logs containing his name.

Based on the foregoing, we conclude that DOE/OR and DOE/Ohio have adequately searched all the systems of records under their control that might reasonably be expected to contain the material sought by Brown. Accordingly, the Appeal should be denied.

It Is Therefore Ordered That:

(1) The Appeal filed on July 28, 2000 by Randall Brown, OHA Case No. VFA-0597, 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 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: September 6, 2000