Case No. VFA-0716

March 13, 2002

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Appeal

Name of Petitioner: Dianne Taylor

Date of Filing: February 1, 2002

Case Number: VFA-0716

This Decision and Order concerns an Appeal that was filed by Dianne Taylor from a determination issued to her by the Freedom of Information Officer of the Department of Energy’s (DOE) Oak Ridge Operations Office (Oak Ridge). In this determination, Oak Ridge responded to a request for information that Ms. Taylor filed pursuant to the Freedom of Information Act, 5 U.S.C. § 552, as implemented by the DOE in 10 C.F.R. Part 1004. If we were to grant the Appeal, this matter would be remanded to Oak Ridge for a new search for documents responsive to her request.

Ms. Taylor’s FOIA request, in which she seeks access to her deceased father’s medical and personnel records, was originally filed with the DOE’s Savannah River Operations Office. (1) After a search produced no responsive documents, Savannah River forwarded the request to Oak Ridge. It is Oak Ridge’s response to the request that is the subject of this Appeal. Oak Ridge’s search produced one responsive document, an index card which was sent to Ms. Taylor, containing the decedent’s name, the letters DEC, the date “4-30-48,” and a five digit number. In her Appeal, Ms Taylor challenges the adequacy of Oak Ridge’s search 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., 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).

In order to ascertain the scope of the search that was performed, we contacted Oak Ridge. See memorandum of March 7, 2002 telephone conversation between Robert Palmer, Office of Hearings and Appeals, and Leah Ann Schmidlin, Oak Ridge. We were informed that the search was performed both manually and by computer, using the decedent’s social security number. The search encompassed Oak Ridge’s Records Holding Area, the Y-12, X-10 and K-25 facilities, and the East Tennessee Technology Park. Ms Schmidlin stated that she was unaware of any facility in which responsive documents were likely to be located that had not already been searched. Based on the information before us, we find that the search was reasonably calculated to uncover the materials sought, and was therefore adequate. We will therefore deny Ms. Taylor’s Appeal.

It Is Therefore Ordered That:

(1) The Appeal filed by Dianne Taylor in Case No. VFA-0716 is hereby denied.

(2) 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: March 13, 2002

(1)Ms. Taylor indicated that her father had worked at the Savannah River site “in the early 50's.” FOIA request at 1.