**152.1 PURPOSE** To provide guidance on BPA policy and BPA staff
responsibilities for handling requests for information received under
the Freedom of Information Act (FOIA).

**152.2 POLICY** It is BPA policy to provide the public prompt access to
its records. BPA will fully comply with not only the letter of the
Freedom of Information Act, but its spirit.

**152.3 DEFINITIONS AND RESPONSIBILITIES**

**A.** **The Freedom of Information Act** **Officer** is the official
designated by the BPA Administrator to administer information requests
received under the FOIA. This designation cannot be further delegated.

The FOIA Officer is responsible for developing internal procedures and
guidance to BPA staff on the handling of FOIA requests received by BPA.

The FOIA Officer ascertains the appropriate Authorizing Official to be
responsible for handling incoming FOIA requests and provides the
Authorizing Official with internal processing guidelines and procedures
for responding to such requests.

The FOIA Officer maintains the official files on FOIA requests received
by BPA. The FOIA Officer also prepares and submits FOIA reports to DOE
and maintains the electronic reading room.

The FOIA Officer is responsible for signing all FOIA responses where
information is withheld in whole or part under a FOIA exemption.

**B.** **The Authorizing Official** is the official designated by the
BPA FOIA Officer as having custody of or responsibility for the records
requested.

Using the guidelines and procedures provided by the FOIA Officer, it is
the Authorizing Official's responsibility to identify, locate, collect,
and determine the availability of requested information with
consultation from the FOIA Officer and Legal Services. This
responsibility includes drafting a written response (1) granting the
request, (2) denying the request, (3) granting/denying it in part, (4)
replying with a response that records that the request has been referred
to another agency, or (5) informing the requester that responsive
records cannot be located or do not exist.

The Authorizing Official will contact Legal Services for advice if he or
she intends to withhold information either in part or full under any
FOIA exemption.

The Authorizing Official will contact Legal Services for advice if he or
she identifies information that may be considered confidential by an
outside business or organization, or that may be considered to be
personnel, medical or similar information that may constitute an
invasion of personal privacy if released.

> The Authorizing Official is responsible for documenting the results of
> the FOIA search and for completing the fee sheet provided by the FOIA
> Officer.

All responses prepared by the Authorizing Official that withhold
requested records in whole or part, or that indicate that no records
could be located in response to request, will be prepared by the
Authorizing Official for the FOIA Officer's signature. Requests where
information is released in full will be prepared for the Authorizing
Official's own signature.

The Authorizing Official is responsible for maintaining a copy of
documents released and withheld. It is important that copies of these
documents are maintained in case of an appeal.

If no records are found in response to a FOIA request, the Authorizing
Official is responsible for documenting the results of the search and
copies the FOIA Officer in a memorandum to the file.

The Authorizing Official is responsible for providing a copy to the FOIA
Officer of all correspondence generated as part of a FOIA request,
including providing a copy of all documents released in whole or part in
response to a FOIA request.

**C.** **Legal** **Services** provides advice and guidance to the FOIA
Officer and Authorizing Officials on legal issues regarding FOIA, and
provides assistance in administrative appeals and litigation involving
FOIA requests.

**152.4 REFERENCES**

A.  Volume 53 Federal Register 15661, May 3, 1988.

B.  Title 5 United States Code, Section 552, Freedom of Information Act
    of 1974, as amended.

C.  

D.  10 CFR Part 1004