Green Reaper
| Tracking # |
18-00182-DO, FIA-19-0003 18-00182-DO |
| Submitted | May 9, 2018 |
| Est. Completion | None |
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Communications
From: Emma North-Best
To Whom It May Concern:
Pursuant to the Freedom of Information Act, I hereby request the following records:
Records relating to the creation, design, approval and implementation of the Nevada National Security Site's mascot, the Green Reaper.
I am a member of the news media and request classification as such. I am freelance writer who has previously written about the government and its activities for MuckRock, Motherboard, Unicorn Riot, AND Magazine and Glomar Disclosure. My articles have been widely read, with some reaching over 100,000 readers. My work has been further discussed in outlets including the New York Times, the Washington Post, and BBC. 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 the non-profit Internet Archive, disseminating them to a large audience. While my research is not limited to this, a great deal of it, including this, focuses on the activities and attitudes of the government itself. As such, it is not necessary for me to demonstrate the relevance of this particular subject in advance. Additionally, 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). Further, 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 itself are moot for the purposes of determining the appropriate fee category. My primary purpose is to inform about government activities by reporting on it and making the raw data available and I therefore request that fees be waived. Per DOJ FOIA guidance, "a requester should be granted a fee waiver if the requested information (1) sheds light on the activities and operations of the government; (2) is likely to contribute significantly to public understanding of those operations and activities; and (3) is not primarily in the commercial interest of the requester." As this FOIA meets all of those requirements (see above regarding the subject and how I will apply the information), a fee waiver is warranted.
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:
Dear Ms. Best,
Please find the attached acknowledgment letter for your FOIA request.
Thank you,
Diana Ortega
FOIA/PA Specialist
Office of the General Counsel, NA GC-10
National Nuclear Security Administration
Diana.Ortega@nnsa.doe.gov<mailto:Diana.Ortega@nnsa.doe.gov>
From:
Dear Ms. Best,
Please find the attached acknowledgment letter for your FOIA request.
Thank you,
Diana Ortega
FOIA/PA Specialist
Office of the General Counsel, NA GC-10
National Nuclear Security Administration
Diana.Ortega@nnsa.doe.gov<mailto:Diana.Ortega@nnsa.doe.gov>
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on May 9, 2018. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #18-00182-DO.
Thanks for your help, and let me know if further clarification is needed.
From:
Hello, I sent out your request for records to the Nevada Field Office (NFO) and I have not yet received your records yet. I will send an email to the site for status.
Thank you,
Diana Ortega
FOIA/PA Specialist
Office of the General Counsel, NA GC-10
National Nuclear Security Administration
Diana.Ortega@nnsa.doe.gov<mailto:Diana.Ortega@nnsa.doe.gov>
-
~WRD039
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on May 9, 2018. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #18-00182-DO.
Thanks for your help, and let me know if further clarification is needed.
From:
To Whom It May Concern:
It is the practice of the National Nuclear Security Administration’s Office of the General Counsel, in accordance with the Departmental policy, to process FOIA/PA requests in the approximate order of the date received by this office.
On average it takes 60 to 90 days to process a FOIA request and can take longer depending on several factors such as how many requests are ahead of yours, and the volume of records once received, etc.
Please note that your case is under review and will continue to be tracked until completion and final disposition.
We will continue to monitor your case as it progresses. Estimated completion time TBD. Your continued patience is greatly appreciated.
Sincerely,
Diana Ortega
FOIA/PA Specialist
Office of the General Counsel, NA GC-10
National Nuclear Security Administration
(505) 845-5344
(505) 845-2838 fax
Diana.Ortega@nnsa.doe.gov<mailto:Diana.Ortega@nnsa.doe.gov>
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on May 9, 2018. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #18-00182-DO.
Thanks for your help, and let me know if further clarification is needed.
From:
Dear Ms. Best:
I hope all is well and I have an update regarding FOIA 18-00182-DO. Is there a date and time that we could have a brief chat to discuss your request? If yes, please let me know what works best for you. I am happy to accommodate your schedule.
Thank you, in advance, for your time and assistance.
Kind regards,
Angelia Bowman
CE2 Contractor
FOIA Consultant
DOE/NNSA
Office of the General Counsel
Angelia.Bowman@nnsa.doe.gov
From:
Dear Ms. Best:
I am trying to reach you regarding FOIA 18-00182-DO. Please let me know if you have a few minutes to discuss your request. I am available at your leisure.
Kind regards,
Angelia Bowman
CE2 Contractor
FOIA Consultant
DOE/NNSA
Office of the General Counsel
Angelia.Bowman@nnsa.doe.gov
From: Emma North-Best
I am happy to discuss this via email. I do not discuss this things by phone, so that there is a perfect, written record of exactly what is said by whom and when. FOIA officers have lied in the past, and while I'm sure your office is above such things - once bitten, twice shy.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on May 9, 2018. Please let me know when I can expect to receive a response. You had assigned it reference number #18-00182-DO.
Thanks for your help, and let me know if further clarification is needed.
From:
Dear Ms. Best:
Thank you for your patience. In the process of reviewing your case (FOIA 18-00182-DO), we have identified another office that may have responsive documentation. Your request was forwarded to the office for processing. We expect a response by 11/27/18, and will try to provide your FOIA response, shortly thereafter.
Please feel free to reach out if you additional questions. Again, thank you for your patience and have a pleasant day.
Kind regards,
Angelia Bowman
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on May 9, 2018. Please let me know when I can expect to receive a response. You had assigned it reference number #18-00182-DO.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on May 9, 2018. Please let me know when I can expect to receive a response. You had assigned it reference number #18-00182-DO.
Thanks for your help, and let me know if further clarification is needed.
From:
Hello Ms. Best,
I hope all is well. Your response is being prepared and should be released to you within the next two weeks. Thank you for your patience and feel free to reach out if you have questions.
Kind regards,
Angelia Bowman
CE2 Contractor
FOIA Consultant
DOE/NNSA
Office of the General Counsel
Angelia.Bowman@nnsa.doe.gov<mailto:Angelia.Bowman@nnsa.doe.gov>
-
~WRD000
From:
Good morning, Ms. Best.
The attached PDF files complete our response to your request for records regarding the Green Reaper mascot at NNSS.
Best regards,
Karen Laney
CE2 Corporation Contractor
Senior FOIA Specialist/Quality Assurance Manager
DOE/NNSA
Office of the General Counsel
(505) 845-4673
karen.laney@nnsa.doe.gov<mailto:karen.laney@nnsa.doe.gov>
There are too many files to display on this communication. See all files
From: Emma North-Best
I am appealing the integrity of the search, as it was not calculated thoroughly enough to include materials such as https://www.energy.gov/sites/prod/files/2014/06/f16/LLQR_June_2014_web_layout.pdf, nor does it include any materials on the creation of the character itself - as opposed to the creation of the costume.
From:
Ms. Best,
Please find attached a letter acknowledging receipt of your Freedom of Information Act Appeal. Kindly confirm receipt of this message.
Phillip Harmonick
Attorney-Examiner
Office of Hearings and Appeals
U.S. Department of Energy
1000 Independence Avenue, SW
Washington, DC 20585
E-mail: Phillip.Harmonick@hq.doe.gov
From:
Dear Ms. Best
Attached is the decision issued in response to the Freedom of Information Act Appeal, OHA Case No. FIA-19-0003, Request No. 18-00182-DO.
If you have any questions concerning this e-mail, please contact Phillip Harmonick at Phillip.Harmonick@hq.doe.gov<mailto:Phillip.Harmonick@hq.doe.gov> or 202-287-1594.
Thank you,
Rosie Garcia
Contractor to U.S. Department of Energy
Office of Hearings and Appeals (OHA-HG)
Paralegal
950 L'Enfant Plaza, 7th Floor
Washington, DC 20024
Main: 202-287-1566
O: 202-287-5180
F: 202-287-1424
Email: Rosie.Garcia@hq.doe.gov<mailto:Rosie.Garcia@hq.doe.gov>
Room 7044
Mailing address: 1000 independence Avenue S.W., HG-1, Washington D.C. 20585-1615
From: Department of Energy
Dear Ms. Best,
Enclosed is the dismissal letter issued in response to the Freedom of Information Act (FOIA) Appeal, FIA-19-0018, Request No. HQ-2019-00261-F.
If you have any questions concerning this e-mail, please contact Mr. Phillip Harmonick at Phillip.Harmonick@hq.doe.gov or 202.287.1594.
Thank you,
Rosie Garcia
Contractor to U.S. Department of Energy
Office of Hearings and Appeals (OHA-HG)
Paralegal
950 L'Enfant Plaza, 7th Floor
Washington, DC 20024
Main: 202-287-1566
F: 202-287-1424
Email: Rosie.Garcia@hq.doe.gov
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