Case No. VFA-0757

August 1, 2002

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

APPEAL

Name of Petitioner: Hazel S. Jones

Date of Filing: July 9, 2002

Case Number: VFA-0757

This Decision and Order concerns an Appeal that Hazel S. Jones filed from a determination issued to her by the Department of Energy’s (DOE) Oak Ridge Operations Office. In that determination the Oak Ridge Operations Office informed Mrs. Jones that no documents were located that were responsive to a request for information that she filed under the Freedom of Information Act (FOIA), 5 U.S.C. § 552, as implemented by the DOE in 10 C.F.R. Part 1004. The Appeal, if granted, would require Oak Ridge to conduct a further search for responsive materials.

BACKGROUND

In her request, Mrs. Jones sought copies of all documentation pertaining to Mr. Harvey R. Frye, her deceased father. The records requested were medical records, personnel records, radiation exposure records, industrial hygiene records, the personnel security file and the OPM Background Investigation of Mr. Frye. On June 10, 2002, Oak Ridge issued a determination letter regarding Mrs. Jones’s request. Oak Ridge’s determination letter stated that a search had been conducted and no documents responsive to Mrs. Jones’s request could be found. See Determination Letter. On July 9, 2002, Mrs. Jones filed her Appeal with the Office of Hearings and Appeals. In the Appeal, Mrs. Jones challenges the adequacy of the search conducted by Oak Ridge, since her father died on the premises of the Oak Ridge National Laboratory in 1945.

ANALYSIS

The FOIA requires that documents held by federal agencies generally be released to the public upon request. Following an appropriate request, agencies are required to search their records 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., David G. Swanson, 27 DOE ¶ 80,178 (1999); Butler, Vines and Babb, P.L.L.C., 25 DOE ¶ 80,152 (1995). In cases such as these, “[t]he issue is not whether any further responsive documents might conceivably

exist but rather whether the government’s search for responsive documents was inadequate.” Perry v. Block, 684 F.2d 121, 128 (D.C. Cir. 1982) (emphasis in original).

To determine whether an agency’s search was adequate, we must examine its actions under a standard of reasonableness. McGehee v. CIA, 697 F.2d 1095, 1100-01, modified in part on rehearing, 711 F.2d 1076 (D.C. Cir. 1983). This standard “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). Furthermore, the determination of whether a search was reasonable is “dependent upon the circumstances of the case.” Founding Church of Scientology v. National Security Agency, 610 F.2d 824 (D.C. Cir. 1979).

In reviewing the present Appeal, we contacted officials at the Oak Ridge Operations Office to ascertain the extent of the search that had been performed and to determine whether any other documents responsive to Mrs. Jones’s request might reasonably be located. Upon receiving Mrs. Jones’s request for information, Oak Ridge instituted a search of the Department of Energy’s Oak Ridge, Paducah and Portsmouth sites. The records searched were located at the Records Holding Offices, the Oak Ridge Associated Universities, and the Y-12, X-10, and Bechtel Jacobs (formerly K-25) Plants. The searches were done electronically and manually, by using Mr. Harvey Frye’s name and Social Security Number. The Y-12 National Security Complex was unsuccessful in locating any personnel, medical, industrial hygiene, and occupational radiation exposure records pertaining to Mr. Frye. The ORNL (Oak Ridge National Laboratory) instituted a search of its personnel monitoring databases (both current and old) and also searched its health and safety record management systems for any personal monitoring data records of former employees; the ORAU (Oak Ridge Associated Universities) searched their files, Bechtel Jacobs searched the Portsmouth Historical Database and its BJC Personnel Dosimetry Files; and the Health Physics Office and the Safety & Ecology Corporation located at the Paducah Site searched their Radiation Exposure and Personal Dosimetry Records. The search of these offices yielded no responsive documents. See Memorandum of July 16, 2002 Telephone Conversation between Leah Ann Schmidlin, Legal Assistant, Oak Ridge, and Toni Brown, Paralegal Specialist, Office of Hearings and Appeals.

Based on the foregoing, we find no reason to believe that any responsive documents exist. Also, the DOE has reviewed similar searches and determined them to be legally adequate. American Friends Service Committee, 28 DOE ¶ 80,183 (2001); Mary L. Michel, 27 DOE ¶ 80,269 (2000). We conclude that the Oak Ridge Operations Office’s search for responsive documents was adequate, and that Mrs. Jones’ Appeal should therefore be denied.

It Is Therefore Ordered That:

(1) The Freedom of Information Act Appeal filed by Hazel S. Jones, on July 9, 2002, Case No. VFA-0757, 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 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 located or in the District of Columbia.

George B. Breznay

Director

Office of Hearings and Appeals

Date: August 1, 2002

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