§ 552 (1976). Plaintiff, United States Steel Corporation, American Bridge Division, seeks disclosure of information contained in the files of the Occupational Safety and Health Administration (OSHA), concerning OSHA's investigation of an accident which occurred at the construction site of One Oxford Center, Pittsburgh, Pennsylvania on July 27, 1981. Plaintiff is seeking this information for use in a lawsuit brought against it by an injured employee of H.H. Robertson Company. Plaintiff requested from OSHA, on June 21, 1982, copies of the records involved, pursuant to procedures under The Freedom of Information Act for the release of agency investigatory records. Defendant responded on June 24, 1982 by disclosing the records requested with certain deletions. It asserted that the material deleted was exempt from disclosure pursuant to 5 U.S.C. §§ 552(b)(5) and (b)(7). Plaintiff filed an administrative appeal from the partial denial of its request, and a short time later requested expedited consideration. It appears that defendant did proceed with the claim on an expedited basis, denying the appeal on September 23, 1982, in reliance on 5 U.S.C. § 552(b)(7). This was the final agency action for purposes of judicial review. Plaintiff, having exhausted its administrative remedies, brought the present action under 5 U.S.C. § 552(a)(4)(B) to obtain preliminary and permanent injunctive relief against defendant, enjoining defendant from withholding the requested information and ordering defendant to disclose this information. Motions for summary judgment by both parties are before the Court.
Plaintiff initially contends that it needs the requested information due to the fact that litigation is pending against it. It argues that OSHA recognized this need by agreeing to handle the disclosure request on an expedited basis. However, the fact that litigation is pending in which information obtained under FOIA may be used has no bearing on the disclosability of that information under the Act. Kanter v. Internal Revenue Service, 433 F. Supp. 812 (N.D. Ill. 1977). In addition, plaintiff has failed to recognize that the disclosure provisions of FOIA do not substitute for discovery. Need for a document in connection with litigation is not determinative as to disclosure under FOIA. Columbia Packing Co. v. U.S. Department of Agriculture, 563 F.2d 495 (1st Cir. 1977).
Both parties present arguments under 5 U.S.C. § 552(b)(7). The statute, in pertinent part, exempts from disclosure
(7) investigatory records compiled for law enforcement purposes, but only to the extent that the production of such records would . . . (C) constitute an unwarranted invasion of personal privacy, (D) disclose the identity of a confidential source . . .