On May 22, 2023, the Office of Hearings and Appeals (OHA), denied a Freedom of Information Act ( FOIA) appeal filed by Paul Bubbosh, of George Mason University (Appellant), seeking the names of businesses seeking a pre-application consultation with the Department's Title 17 Innovative Clean Energy Loan Guarantee Program. The Appellant appealed an Interim Response issued by the Department of Energy's Office of Public Information on May 1, 2023, in which it denied the Appellant's request for a fee waiver because the Appellant's request for records were not in the public interest.
In the appeal, the Appellant argued his request was in the public interest because disclosure of the requested records would contribute to the public's understanding of government operations or activities by "allowing the public to know and understand the entities that are seeking loan assistance by the DOE," "identifying how the government interacts with businesses," and would "likely result in potential recommendations for improvement in the process."
After reviewing the Appellant's submission, OHA found the Appellant did not demonstrate that a reasonably broad audience existed that would be interested in the names of business seeking consultations with the DOE Loan Program's Office. OHA also found the Appellant did not demonstrate he intended, and was able, to disseminate the information obtained from the disclosed records with the public. Accordingly, the Appellant's appeal was denied. (OHA Case No. FIA-23- 0017)