Office of Information Practices

U Memo 15-7
February 6, 2015
Documents Pertaining to a
Wind Farm on Lanai

Requester sought a decision as to whether the Department of Business, Economic Development and Tourism (DBEDT) State Energy Office properly responded to four separate but related record requests seeking records about a proposed wind farm on the island of Lanai. Requesters specifically appealed DBEDT’s responses to the Second and Fourth Requests.

For the Second Request, Requesters claimed that the documents provided were not responsive. DBEDT confirmed that it has no records responsive to the Second Request, and suggested that Requesters were perhaps looking at records provided in response to the Third Request when they alleged that the records provided in response to the Second Request were not responsive. OIP found that the records deemed “nonresponsive” by Requesters to the Second Request were actually provided in response to the Third Request. OIP therefore concluded that DBEDT’s response to the Second Request (that it has no responsive records) was in fact a proper response to the Second Request.

Requesters also appealed the adequacy of DBEDT’s search for records responsive to the Second Request. Based on the information provided by DBEDT explaining its searches for responsive records, OIP concluded that DBEDT’s search was adequate as it involved a search of relevant electronic and physical files.

Additionally, Requesters appealed the adequacy of DBEDT’s search for records responsive to the Fourth Request. Based on DBEDT’s explanations of the searches conducted for responsive records, OIP found that the assertions by DBEDT that the records produced in response to the Fourth Request were the only responsive records found were produced in good faith. OIP thus concluded that DBEDT’s search was adequate as it involved a search of relevant electronic and physical files.