On November 17, 2023, the Office of Hearings and Appeals (OHA) granted a Freedom of Information ( FOIA) appeal filed by The Brennan Center for Justice (Appellant) from a determination letter issued by the Department of Energy's (DOE) Office of Public Information. The Appellant sought records related to Presidential Emergency Action Documents (PEADs) that may be invoked in the event an emergency. The Appellant challenged the adequacy of DOE's search. Upon review, OHA was unable to determine if the search methods used by two DOE offices were likely to uncover responsive records and remanded the request so a new search could be conducted. Accordingly, the Appellant's appeal was granted. (OHA Case No. FIA-24-0007)
FIA-24-0007.pdf
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