Case No. VFA-0648, 28 DOE ¶ 80,150

February 9, 2001

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Appeal

Name of Petitioner: Dianne D. Taylor

Date of Filing: January 24, 2001

Case Number: VFA-0648

On January 24, 2001, Dianne D. Taylor (the Appellant) filed an Appeal from a final determination that the Savannah River Operations Office (Savannah River) of the Department of Energy (DOE) issued on December 21, 2000. That determination concerned a request for information the Appellant submitted 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 determination indicated that no responsive documents were identified as a result of the search conducted in response to the Appellant’s request. In her Appeal, the Appellant asserts that Savannah River’s search for records was inadequate. If granted, this Appeal would require Savannah River to conduct a further search.

Background

On December 5, 2000, the Appellant requested a copy of the personnel security file for her father, Ernest Gerric Duncan, Jr., as well as his radiation exposure, medical, and personnel records. Request Letter dated December 5, 2000, from Dianne D. Taylor to Pauline Conner, FOI/Privacy Act Officer, Savannah River (Request Letter). On December 21, 2000, Savannah River issued a determination stating that a thorough search was conducted, including contractor-owned records. Determination Letter dated December 21, 2000, from David G. Darugh, Authorizing Official, Savannah River, to Dianne Taylor. Savannah River found no documents responsive to the request. Id. On January 24, 2001, the Appellant filed this Appeal, challenging Savannah River’s search as inadequate. Appeal Letter finalized January 24, 2001, from Dianne D. Taylor to Director, Office of Hearings and Appeals (OHA), DOE (Appeal Letter).

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) (Miller); 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).

The Appellant is requesting a copy of Mr. Duncan’s personnel security file and his radiation exposure, medical, and personnel records. Request Letter. Savannah River’s FOIA Officer informed us that the Savannah River Personnel Security Department searched its computer database for Mr. Duncan’s name and social security number. No responsive records were found. The contractor on site, Westinghouse Savannah River Company (WSRC), also conducted a search of the medical and legal departments’ computer databases, paper files and indexes of old records that had been sent to storage, using both Mr. Duncan’s name and social security number. Electronic Mail Message sent January 30, 2001, from Pauline Conner, FOI/Privacy Act Officer, Savannah River, to Janet R. H. Fishman, Attorney- Examiner, OHA; Memorandum of Telephone Conversation, January 25, 2000, between Janet R. H. Fishman, Attorney-Examiner, OHA, and Pauline Conner, FOI/Privacy Act Officer, Savannah River (January 25, 2000 Telephone Memorandum). No responsive records were located. WSRC’s radiation department searched its year-by-year computerized exposure listing, “lektriever” database,(1) and microfiche and microfilm. No responsive records were located. Id. Finally, WSRC’s personnel department searched its old indexes of records. No responsive records were located. Id. None of these departments destroys records. Id.

When asked if records for other employees from the early 1950s had ever been located, the FOI/Privacy Act Officer stated that records for 20-year employees had been found. January 25, 2000 Telephone Memorandum. However, she indicated that Mr. Duncan worked at Savannah River for only a year or two. Id. During the time the Appellant claimed her father worked at Savannah River, the site was just being built. Id. Further, during the time he worked there, the Federal Bureau of Investigation (FBI) did the personnel security investigations, not Savannah River. She indicated that possibly the FBI could have responsive records on him. Id. In any event, no records responsive to the Appellant’s request were found at Savannah River or its contractor, WSRC.(2)

We are convinced that Savannah River followed procedures which were reasonably calculated to uncover the material the Appellant sought in her request. See Miller, 779 F.2d at 1384-85. The fact that the search did not uncover documents that the Appellant believes may be in the possession of DOE does not mean that the search was inadequate. Savannah River searched both its records and those of the contractor, using Mr. Duncan’s name and social security number. Both computer and hand searches were conducted. No responsive records were located. We cannot identify, nor has the Appellant, another office at either Savannah River or Westinghouse that would have responsive records. Therefore, we will deny the Appellant’s Appeal.

It Is Therefore Ordered That:

(1) The Appeal filed on January 24, 2001, by Dianne D. Taylor, Case No. VFA-0648, 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 provision of 5 U.S.C. § 552(a)(4)(B). Judicial review may be sought 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 9, 2001

(1)“Lektriever” is the brand name of a mechanical, revolving shelf file where the Westinghouse radiation department’s paper files and microfiche records are stored. The database keeps a listing of every name in the records system along with comments about whether the file is paper or microfiche, the social security number, termination date, and address. Electronic Mail Message dated February 6, 2001, from Pauline Conner, FOI/Privacy Act Officer, Savannah River, to Janet R. H. Fishman, Attorney-Examiner, OHA.

(2)In a letter dated January 5, 2001, from Ms. Taylor to Savannah River, she mentioned that her father worked for Union Carbide. Letter dated January 5, 2001, from Dianne D. Taylor to David G. Darugh, Savannah River. On January 12, 2001, Mr. Darugh responded that because Union Carbide was the prime contractor at the Oak Ridge Operations Office and not at Savannah River, Ms Taylor should contact Oak Ridge to determine if it had information on her father. Letter dated January 12, 2001, from David G. Darugh, Authorizing Official, Savannah River, to Dianne D. Taylor. It is possible that the FBI or the Oak Ridge Operations Office may have Mr. Duncan’s personnel security file.