How to Submit a FOIA Request

1. Go to FOIA.gov, the government's central website for FOIA.
2. Click the Start your Request button.
3. In the box that says Type agency name, type BPA and then click the Search button.
4. On the next screen, click the Start FOIA request button.
5. On the next screen, fill in the required information.
6. Click the Submit request button.

We normally process FOIA requests in the order in which they are received. To ensure that simple requests – those requiring little search or review - are not delayed by the processing of complex or voluminous requests, we place simple requests in a separate queue. Within each of these queues, BPA processes requests in the order in which it receives them.
 
Generally, the FOIA requires BPA to respond to your request within 20 business days. The 20-day “clock” starts when BPA receives a request that includes all of the required elements listed above, including an adequate description of records sought. If your request does not meet those requirements, BPA’s FOIA Public Liaison will contact you and work with you to remedy any procedural issues. If you fail to address the concerns within 30 calendar days of notification, BPA will deem your request to be withdrawn. You may still resubmit a request at any time.
 
Expedited Processing

You may request expedited processing of your FOIA request. If we are able to provide expedited processing, we will process your request ahead of other requests in that queue, and will respond to your request as soon as possible. Requests that are complex or voluminous may still require 20 or more days to process, even if expedited processing has been approved. 

If you would like expedited processing, you must request it in writing when you file your FOIA request. BPA will grant expedited processing if you can demonstrate a “compelling need” for the information requested. To do so, you must show that either:

Not obtaining the requested records in an expedited manner could reasonably be expected to pose an imminent threat to the life or physical safety to an individual; OR
You are primarily engaged in disseminating information; urgency exists to inform the public about an actual or alleged federal government activity; and delaying response to the request will compromise a significant, recognized interest to the American public.

Your request for expedited processing must also include the following certification, which is required by federal law: “I declare under penalty of perjury that the foregoing is true and correct. Executed on [date].” Requests for expedited processing will be granted or denied within 10 calendar days. If we deny your request, we will provide an explanation of our decision, and provide information about how to appeal the decision.
 
Delayed Responses

Under certain circumstances, BPA is allowed to respond to your request outside of the strict 20-day deadline. BPA may toll (pause) the “clock” one time while we await your clarification of a request. We may also delay response while the FOIA Public Liaison works with you to resolve any dispute regarding fees.

BPA may extend the 20 business day deadline by an additional 10 business days or longer when a request involves “unusual circumstances.” This is defined by statute as requests that require:

• The need to search for and collect records from more than one office.
• The need to review a voluminous amount of records for responsiveness or redaction.
• The need to consult with the Department of Energy or another government agency.

If your request requires one or more of these steps, BPA’s FOIA Public Liaison will contact you to determine if you would like to narrow the scope or otherwise simplify your request. If you cannot or will not simplify your request, BPA will notify you in writing that we will not be able to meet the 20-day deadline, explaining why we need an extension, and when we expect to complete your request.

Payment of Fees

Ordinarily, you will not be required to pay any fees until after the records have been processed and sent to you.  You may be required to pay fees in advance, however, if we determine that processing your request will cost more than $250.00 or if you have a history of non-payment or late payment of FOIA fees.

Failure to Pay Fees

In the event FOIA fees are not paid within 30 calendar days from the date of the invoice, you will be charged interest in accordance with the Debt Collection Improvement Act of 1996. Any subsequent FOIA request made by a requester who is in arrears will not be processed until the outstanding fees have been paid in full.

If you disagree with BPA’s application of the FOIA exemptions, or if BPA otherwise fails to meet its statutory obligations, you may file an administrative appeal with the Department of Energy, Office of Hearing and Appeals. You must file your appeal within 30 calendar days of receiving the BPA’s final response. If DOE rejects the appeal, you may sue BPA in federal court.

You may file an administrative appeal of “adverse determinations.” Under FOIA, adverse determinations include:

• Denial of a request for expedited processing.
• Assignment to a particular requester fee category.
• Denial of a request for reduction or waiver of fees.
• Denial of access to records in whole or in part through withholding or redaction.
• Determination that there are no records responsive to your request.
• The reasonableness of the search for responsive records.
  

Filing an Appeal

All appeals must be made in writing and addressed to the FOIA Appeals Officer. You may submit your appeal by electronic mail at OHA.filings@hq.doe.gov, or by regular mail to:

Director, Office of Hearings and Appeals, HG-1,
Department of Energy
1000 Independence Avenue SW
Washington DC 20585.

Your appeal must include the following:

• Your name, address, telephone number, and e-mail address
• A copy of the initial request
• A copy of the letter denying your request in whole or part
• An explanation of the reasons why you disagree with our action (If you are appealing because you believe there are additional records, you must specify why you believe those records exist and, if possible, where you believe they might be located.)

Please include the notation "Freedom of Information Act Appeal" on the front of your envelope and at the beginning of your appeal to ensure that your appeal is received without delay.
 
Your appeal will be decided within 20 working days of the receipt of your request by the Office of Hearings and Appeals. A decision will be sent to you in writing.
 
Denial of Appeals

If your appeal is denied and you believe that your FOIA request was not handled in accordance with the law, you may seek assistance from the Office of Government Information Services (OGIS) of the National Archives and Records Administration. OGIS provides mediation services to resolve disputes between FOIA requesters and agencies. Information about OGIS is available here.
 
You can also sue BPA in federal court; a judge will review the records (if any) and BPA’s actions to determine if FOIA request was properly handled.