Case No. VFA-0684, 28 DOE ¶ 80,182

August 8, 2001

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Appeal

Name of Petitioner: Caron Balkany

Date of Filing: July 10, 2001

Case Number: VFA-0684

This Decision and Order concerns an Appeal that was filed by Caron Balkany from a determination issued to her by the Freedom of Information Officer of the Department of Energy’s (DOE) Albuquerque Operations Office (AOO). In this determination, AOO informed Ms. Balkany that it was unable to locate a document that she requested pursuant to the Freedom of Information Act, 5 U.S.C. § 552, as implemented by the DOE in 10 C.F.R. Part 1004. In her Appeal, Ms. Balkany challenges the adequacy of the search for this document.

In her FOIA request, Ms. Balkany sought access to portions of the 1989 Assessment of Environmental Conditions conducted by the DOE Special Assignment Environmental Team. In its response, AOO informed Ms. Balkany that its Environmental Restoration Division in Albuquerque had searched for this document, but had been unable to locate it. (1) In her Appeal, Ms. Balkany states that she is already in possession of portions of the document, and requests that the DOE conduct a “more thorough[] search” for the requested material. Appeal at 1.

In order to determine whether there was additional information that might assist AOO in locating the requested document, we contacted Ms. Balkany. She informed us that the document was an environmental assessment of the operations of the DOE’s Rocky Flats facility, and that she obtained the portions of the document that were in her possession from a reading room located at Rocky Flats. She also stated that the document included the following caption: “DOE/EH-0107.” See memorandum of July 31, 2001 telephone conversation between Robert Palmer, OHA Staff Attorney, and Ms. Balkany.

We then relayed this information to AOO. AOO confirmed that it does not have the document Ms. Balkany seeks, but informed us that there is a substantial possibility that the requested document is in the offices of the Assistant Secretary for Environment, Safety and Health (EH) at DOE Headquarters in Washington, D.C. We will therefore refer this matter to EH through the DOE Headquarters FOIA Office so that EH may conduct a search of its facilities.

It Is Therefore Ordered That:

(1) The Appeal filed by Caron Balkany in Case No. VFA-0684 is hereby granted.

(2) This matter is hereby referred to the Freedom of Information and Privacy Group, Office of the Executive Secretariat. The FOI and Privacy Group should take appropriate action to transmit Ms. Balkany’s FOIA request to EH. EH should then contact Ms. Balkany directly with the results of its search.

(3) This is a final order of the Department of Energy from which any aggrieved party may seek judicial review. 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: August 8, 2001

(1)During its search for this document, AOO contacted Ms. Balkany and asked if she had a more formal title for the document. Ms Balkany replied that she did not. In its determination, AOO invited Ms. Balkany to file another FOIA request if, at a later time, she found more identifying information concerning this document.