Los Alamos Study Group (Appellant) appealed a Determination Letter issued to it from the National Nuclear Security Administration’s (NNSA) Office of the General Counsel regarding Request No. FOIA-22-00083-KM.
Office of Hearings and Appeals
July 11, 2022
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On June 29, 2022, Los Alamos Study Group (Appellant) appealed a Determination Letter issued to it from the National Nuclear Security Administration’s (NNSA) Office of the General Counsel regarding Request No. FOIA-22-00083-KM. In that determination, NNSA responded to a request filed under the Freedom of Information Act (FOIA), 5 U.S.C. § 552, as implemented by the Department of Energy (DOE) in 10 C.F.R. Part 1004. NNSA stated that it did not find any responsive documents and that the responsive documents located by the DOE contractor were not agency records subject to release under the FOIA. The Individual appealed the classification of the contractor’s responsive records as non-agency records. In this Decision, we grant the appeal. (OHA Case No. FIA-22-0021)