FIA-22-0006 - In the Matter of: DLA Piper, LLP

On February 28, 2022, the Office of Hearings and Appeals (OHA) granted a Freedom of Information Act (FOIA) appeal filed by DLA Piper (Appellant) concerning the response of the Oak Ridge Office (ORO) to its FOIA request for a documents regarding a technology transfer license between a DOE Contractor and a third party. ORO conducted a search of DOE records, but did not search DOE Contractor records, asserting that they are not agency records because the contract between DOE and the Contractor states that such records are contractor owned. On appeal, Appellant asserted that the search was inadequate and that the statement that the DOE Contractor records were not agency records was conclusory. The OHA determined that, while DOE was in possession of the Contractor records, it was not, in this instance, in control of those records. Accordingly, OHA denied the appeal. OHA Case No. FIA-22-0006.