FIA-24-0041 - In the Matter of Savannah River Site Watch

On August 16, 2024, the Office of Hearings and Appeals (OHA) denied a Freedom of Information ( FOIA) appeal filed by Savannah River Site Watch (Appellant) from a determination letter issued by the National Nuclear Security Administration (NNSA), Office of General Counsel. The Appellant submitted a FOIA request seeking records by the Tiger Team, pertaining to the proposed Savannah River Plutonium Processing Facility, including records related to CD-2 and CD-3 activities. The NNSA found that records responsive to the request were contractor-owed, and not agency records subject to FOIA . After reviewing the appeal, OHA concluded that pursuant to the Prime Contract between the NNSA and Savannah River Nuclear Solutions (SRNS), the Management and Operation contractor of the Savannah River Site, responsive records related to procurement actions of SRNS and were therefore, contractor-owned, and not agency records subject to FOIA. Accordingly, the Appellant's appeal was denied. (OHA Case No. FIA-24-0041)