FIA-24-0011 - In the Matter of Tracy A. Wellons

On February 12, 2024, the Office of Hearings and Appeals (OHA) denied a Freedom of Information ( FOIA) appeal filed by Tracy A. Wellons (Appellant) from an interim response issued by the Department of Energy's (DOE) Office of Science. The Appellant submitted a FOIA request seeking to confirm the existence of a contract, between the DOE and two of its laboratories, to conduct human radiation experiments on her and her child. The Appellant challenged the DOE's denial of her requests for expedited processing and a waiver of fees. After reviewing the appeal, OHA concluded the Appellant did not establish she intended, or was able, to disseminate information obtained from the records to the public, or that disclosure of the records would significantly contribute to the public's understanding of government operations or activities. OHA also found the Appellant did not establish that a failure to receive the requested records on an expedited basis could reasonably be expected to pose an imminent threat to the life or physical safety of an individual, or that there was an urgency to inform the public of the subject of human radiation experiments. Accordingly, the Appellant's appeal was denied. (OHA Case No. FIA-24-0011)