FIA-24-0037 - In the Matter of Michael Cole

On August 1, 2024, the Office of Hearings and Appeals (OHA) granted in-part a Freedom of Information (FOIA) appeal filed by Michael Cole (Appellant) from a determination letter issued by the Department of Energy's (DOE) Office of Science-Consolidated Service Center, Chicago/Lemont location (SC CSC- CH). The Appellant submitted a FOIA request seeking annual reports published by the Princeton Plasma Physics Laboratory (PPPL). SC CSC-CH undertook searches within PPPL and the DOE's Princeton Site Office's files and provided the Appellant with hyperlinks to publicly available responsive records. The Appellant challenged the adequacy of SC CSC-CH's search and decision to produce publicly available documents via hyperlinks rather than provide electronic copies. After reviewing the appeal, OHA determined that SC CSC-CH was not required to produce electronic copies of the publicly available responsive records. OHA further found that SC CSC -CH properly conducted a search within PPPL, but not PSO. Accordingly, the Appellant's appeal was granted in -part and remanded to SC CSC-CH to issue a new determination letter. (OHA Case No. FIA-24-0037)