Case No. VFA-0748

July 8, 2002

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

APPEAL

Name of Petitioner: Dorismae M. Meers

Date of Filing: June 3, 2002

Case Number: VFA-0748

On June 3, 2002, Dorismae Meers appealed a determination issued by the Richland Operations Office (Richland) of the Department of Energy (DOE) under the Freedom of Information Act (FOIA), 5 U.S.C. § 552, as implemented by DOE in 10 C.F.R. Part 1004. In her appeal, Ms. Meers contends that Richland had failed to conduct an adequate search for documents that were responsive to a FOIA request that she had filed. For the reasons detailed below, we find that Richland conducted an adequate search for responsive documents and will deny Ms. Meers’ appeal.

BACKGROUND

By letter dated April 2, 2002, Ms. Meers filed a FOIA request with Richland in which she asked for the complete employment and radiation dose exposure records of her deceased father, George A. Schliep, Senior. In this letter, Ms. Meers indicated that Mr. Schliep had worked at the Hanford Atomic Site (Hanford Site) with the firm of Morrison, Bechtel and McCone from about 1943 to 1946.

On May 3, 2002, Richland issued a determination letter in response to Ms. Meers’ FOIA request which contained the following information:

We have conducted a thorough search by name and Social Security Number and were unable to locate any employment records for your father, nor is there any indication that he was ever monitored for radiation exposure at Hanford. Therefore, your request must be denied.

Ms. Meers appealed this determination to OHA on the grounds that Richland had failed to conduct an adequate search for her father’s records. In support of this appeal, Ms. Meers submitted evidence that her father had worked at the Hanford Site and argued that if an adequate search had been performed, Richland would have located her father’s employment records.

ADEQUACY OF THE SEARCH

We have held that a FOIA request deserves a thorough and conscientious search for responsive documents. When we have found that a search was inadequate, we have consistently remanded the case and ordered a further search for responsive documents. E.g. Eugene Maples, 23 DOE ¶ 80,106 (1993); Marlene R. Flor, 23 DOE ¶ 80,130 (1993); Native Americans for a Clean Environment, 23 DOE ¶ 80,149 (1993). However, the FOIA requires that a search be reasonable, not exhaustive. "The standard of reasonableness that we apply to the agency search procedures does not require absolute exhaustion of 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).

In reviewing this Appeal, we contacted Sarah Prein, a member of the Richland FOIA and Privacy Act staff, to obtain information about the search for Mr. Schliep’s employment and radiation exposure records.(1) Ms. Prein told us that between 1943 and 1946, the Army Corps of Engineers managed the Hanford Site and that Richland does not have access to the personnel records for the Army Corps of Engineers.(2) See Electronic Mail Messages from Sarah Prein to Linda Lazarus, Staff Attorney, OHA (various dates).

Ms. Prein also told us that between 1943 and September of 1946, E. I. duPont de Nemours (Dupont) was the prime contractor at the Hanford Site. Ms. Prein indicated that the employment, medical and radiation exposure records of individuals whose employment terminated during the period when Dupont was the prime contractor were archived with Dupont and have subsequently been destroyed.(3) Ms. Prein also indicated that Richland has a list of the people who worked for Dupont. Id.

Ms. Prein further told us that General Electric became the prime contractor at the Hanford Site in September of 1946, and that Richland has custody of General Electric’s (G.E.) personnel records from the contracting period.(4) Ms. Prein also indicated that although Richland does not have any employment records or a listing of the personnel who were employed by Morrison, Bechtel and McCone, it does have some personnel records for “craft” employees from a variety of small construction and trade contractors. Id.

Ms. Prein explained that Rhonda Renz has listings of employment records for craft employees and that Linda Maday has listings of employment records for former Hanford prime contractor employees and major sub-contractors, including the list of people who worked for Dupont.(5) Ms. Prein indicated that on April 9, 2002, she provided Ms. Maday and Ms. Renz with Mr. Schliep’s name and social security number and asked them to search for Mr. Schliep’s employment records. On April 10, 2002, after searching the records for craft employees, Ms. Renz indicated that she had no records for Mr. Schliep. On April 17, 2002, after searching the contractor and sub-contractor files and the list of Dupont employees, Ms. Maday informed Ms. Prein that she had been unable to locate any records that were responsive to the FOIA request that had been filed by Ms. Meers. Id.

Ms. Prein also told us that she faxed the FOIA request that she had received from Ms. Meers to Pacific Northwest National Laboratory's (PNNL) legal department and radiation exposure records group. She explained that PNNL's radiation records department maintains the Hanford Radiological Exposure Reporting System (REX), which is the site's comprehensive database for radiation exposure records. Moreover, Ms. Prein indicated that the records in this database are identifiable by name and social security number and contain information about the individuals who were monitored for radiation exposure while at Hanford. Ms. Prein further informed us that PNNL's legal department also communicates with the Human Resources department to verify employment with PNNL (also known as Battelle-Northwest). Battelle's contract with the government at the Hanford Site did not begin until 1965. Id.

Ms. Prein indicated that she was subsequently informed that PNNL's radiation records department had found no indication that Mr. Schliep was ever monitored for radiation exposure at the Hanford Site and that PNNL Legal could not locate any records about Mr. Schliep. Id.

Ms. Prein also informed us that on April 29, 2002, Mr. Schliep 's name, social security number, and date of birth were e-mailed to Cheryl Holland at the Hanford Environmental Health Foundation (HEHF). Ms. Prein explained that HEHF maintains all the occupational health and medical records for Richland. The records are cataloged by name and social security number and are not limited to employees of direct government contractors. On April 29, 2002, Ms. Holland informed Ms. Prein that she had been unable to locate any records about Mr. Schliep.(6) Id.

Based on this information, we conclude that Richland conducted a thorough and conscientious search for responsive records and followed procedures that were reasonably calculated to uncover the materials sought by Ms. Meers in her FOIA request. As detailed above, Richland contacted people who would have knowledge of whether relevant documents exist, and these individuals searched for records following appropriate procedures. As such, I find that the search for responsive documents was therefore adequate.(7)

It Is Therefore Ordered That:

(1) The Appeal filed by Dorismae M. Meers on June 3, 2002, is hereby denied.

(2) This is a final order of the Department of Energy of 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: July 8, 2002

(1)During a telephone conversation, Ms. Prein told us that Richland has never disputed that Mr. Schliep worked at the Hanford site, but was only indicating that it had been unable to locate any records that reflected Mr. Schliep’s employment. See Memorandum of Telephone Conversation between Sarah L. Prein and Linda Lazarus, OHA Staff Attorney (June 11, 2002).

(2)Ms. Prein indicated that, if such records exist, they would be in the possession of the Department of Defense, and would probably be located in the Military Personnel Records Center (MPRC). Ms. Meers may wish to contact the MPRC at the following address: National Personnel Records Center, Military Personnel Records, 9700 Page Avenue, St. Louis, Missouri 63132-5100.

(3)Ms. Prein also suggested, however, that it might be possible to obtain more information about the Dupont records from the Hagley Museum and Library, Business Archives, Attention Michael Nash, P.O. Box 3690, Wilmington, Delaware 19807-0630.

(4)The files are indexed on 3x5 cards in the Records Holding Area (RHA). The cards show the employee's name, payroll number, and the box number into which the employment record was retired.

(5)The listings that were searched refer to records that are stored, amongst other places, in the Federal Records Center in Seattle.

(6)Ms. Holland searched indices that identify records that are stored in the Federal Records Center in Seattle.

(7)During the pendency of the FOIA appeal, Ms. Meers located pay stubs that had been issued to her father by Morrison, Bechtel and McCone. We note that Richland has already conducted an adequate search for records that would indicate that Mr. Schliep worked for Morrison, Bechtel and McCone, and is not required to take further action based on the existence of these pay stubs.