FIA-22-0004 - In the Matter of Simon Edelman

On February 4, 2022, the Office of Hearings and Appeals (OHA) granted in part and denied in part a Privacy Act and Freedom of Information Act (FOIA) appeal filed on behalf of Simon Edelman (Appellant) concerning a request made to the Department of Energy's (DOE) Office of Inspector General (OIG) for records related to a complaint of retaliation that Appellant made to OIG in 2018. OIG identified fifty-one documents responsive to Appellant's request. On appeal, Appellant alleged that OIG had not conducted an adequate search for responsive records because records provided to him in OIG's response implied the existence of other responsive records. Additionally, Appellant asserted that OIG had improperly redacted the opinion of a DOE attorney with whom OIG had consulted concerning one of the allegations he made in his complaint to OIG pursuant to Exemption 5 of the FOIA. OHA determined that the redacted material was exempt from disclosure under the deliberative process privilege of Exemption 5 of the FOIA, but that OIG had not conducted an adequate search for records responsive to Appellant's request. Therefore, OHA granted Appellant's appeal as to the adequacy of OIG's search, denied the appeal in all other respects, and remanded the matter to OIG to conduct an additional search. (OHA Case No. FIA-22-0004/ PAA-22-0002, Harmonick)