Congressional requests, 2015-2017 (Department of Energy)

Emma Best filed this request with the Department of Energy of the United States of America.
Multi Request Congressional requests, 2015-2017
Due July 25, 2018
Est. Completion None
Status
Awaiting Response

Communications

From: Emma Best

To Whom It May Concern:

Pursuant to the Freedom of Information Act, I hereby request the following records:

Copies of any requests for documents, information, briefings or testimony sent to either the director's office or the appropriate congressional liaison office between January 1, 2015 and December 31, 2017.

I am a member of the news media and request classification as such. I have previously written about the government and its activities, with some reaching over 100,000 readers. As such, as I have a reasonable expectation of publication and my editorial and writing skills are well established. In addition, I discuss and comment on the files online and make them available through non-profits such as the Internet Archive and MuckRock, disseminating them to a large audience.

Case law states that “proof of the ability to disseminate the released information to a broad cross- section of the public is not required.” Judicial Watch, Inc. v. Dep’t of Justice, 365 F.3d 1108, 1126 (D.C. Cir. 2004); see Carney v. U.S. Dep’t of Justice, 19 F.3d 807, 814-15 (2d Cir. 1994). Courts have held that "qualified because it also had “firm” plans to “publish a number of . . . ‘document sets’” concerning United States foreign and national security policy." Under this criteria, as well, I qualify as a member of the news media.

Additionally, courts have held that the news media status "focuses on the nature of the requester, not its request. The provision requires that the request be “made by” a representative of the news media. Id. § 552(a)(4)(A)(ii)(II). A newspaper reporter, for example, is a representative of the news media regardless of how much interest there is in the story for which he or she is requesting information." As such, the details of the request are moot for the purposes of determining the fee category.

As my primary purpose is to inform about government activities by reporting on it and making the raw data available, I request that fees be waived.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 20 business days, as the statute requires.

Sincerely,

Emma Best

From:

Good Afternoon Ms. Best:

Attached to this email is an acknowledgement letter for your DOE FOIA request HQ-2018-01300-F.
Regards,

Brian Yanos, Esq.
FOIA Analyst
Central Research, Inc. Contractor
U.S. Department of Energy
1000 Independence Avenue, SW
Washington, D.C. 20585
(202)586-4933

From:

Good Morning Ms. Best:

Attached to this email is an interim response letter for your DOE FOIA request HQ-2018-01300-F.
Regards,

Brian Yanos, Esq.
FOIA Analyst
Central Research, Inc. Contractor
U.S. Department of Energy
1000 Independence Avenue, SW
Washington, D.C. 20585
(202)586-4933

From:

Good Morning Ms. Best,

Our office has received your FOIA request and I would like to discuss. If you could please provide me your phone number and times which you are available, that would be greatly appreciated.
Thanks

Brian Yanos, Esq.
FOIA Analyst
Central Research, Inc. Contractor
U.S. Department of Energy
1000 Independence Avenue, SW
Washington, D.C. 20585
(202)586-4933

From:

Good Morning Ms. Best,

I am following up on the below email. Please let me know when you are available to discuss.
Thanks

From:

Good Morning Ms. Best,

I am sending another follow-up for this request. If our office does not here from you by Monday August 13, 2018, we will assume you are no longer interested and proceed to close out your request. Please let me know your availability to discuss.
Thanks
Brian

From: Emma Best

We can speak by email.

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