FIA-24-0032 - In the Matter of Martin Pfeiffer

On July 8, 2024, the Office of Hearings and Appeals (OHA) denied a Freedom of Information (FOIA) appeal filed by Martin Pfeiffer (Appellant) from a determination letter issued by the Department of Energy (DOE), National Nuclear Security Administration (NNSA). The Appellant submitted a FOIA request seeking copies of all records the Los Alamos National Laboratory (LANL) provided to a crew involved in production of the "Oppenheimer" film. The Appellant challenged the adequacy of the NNSA's search, on the basis that LANL disclosed fewer records than it claimed to have provided to the production crew in its Summer 2023, issue of National Security Science Magazine. After reviewing the appeal, OHA found the NNSA discovered several inaccuracies in the article, and it was therefore, not a reliable indicator of the quantity of records responsive to the FOIA request. OHA also found the NNSA identified all relevant locations and custodians of responsive records, and conducted a search using terms narrowly configured to produce responsive records. Accordingly, the Appellant's appeal was denied. (OHA Case No. FIA-24-0032)