PG&E Metcalf Substation Attack - Joint Warfare Analysis Center Records

Dustin Slaughter filed this request with the Joint Warfare Analysis Center of the United States of America.
Tracking # OGIS Case No. 201400439 ; USSTRATCOM FOIA # 14-085
Status
Rejected

Communications

From: Dustin Slaughter

*Expedited Processing Requested*

To Whom It May Concern:

This is a request under the Freedom of Information Act. I hereby request the following records:

Any and all documents pertaining to the 16 April 2013 attack on PG&E's Metcalf substation near San Jose, CA.

This request seeks documents including but not limited to: reports, threat and intelligence assessments, slide presentations, meeting minutes, memoranda, and emails.

This request is not meant to be exclusive of any other records which, though not specifically requested, would have a reasonable relationship to the subject matter of this request.

The timeframe for this request encompasses 16 April 2013 up to and including the date that this request is officially processed.
If my request is denied in whole or part, I ask that you justify all deletions by reference to specific exemptions of the act. I will also expect to be provided with all segregable portions of otherwise exempt material. Please separately state your reasons for not invoking your discretionary powers to release the requested documents in the public interest.

I also request that, if appropriate, fees be waived as I believe this request is in the public interest. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.

In the event that fees cannot be waived, 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,

Dustin Slaughter

From: Dustin Slaughter

To Whom It May Concern:

I'm contacting your office regarding a FOIA request originally sent to the Joint Warfare Analysis Center on 20 March 2014.

The request can be found here.

As always, I am most appreciative for any assistance your staff can provide, given your limited resources. Please let me know if you require additional info, or if you would like me to take additional steps.

Sincerely,
Dustin Slaughter

From: Office of Government Information Services

Dear Mr. Slaughter:

Please see the attached acknowledgment letter regarding your request for assistance.

Sincerely,

The OGIS Staff
Office of Government Information Services (OGIS)
National Archives and Records Administration
800 N. Capitol St. NW, Suite 795
Washington, D.C.
202-741-5770 (main)
202-741-5769 (fax)
1-877-684-6448 (toll-free)
Mailing Address:
8601 Adelphi Road-OGIS
College Park, MD 20740
ogis@nara.gov
www.ogis.archives.gov

From: Dustin Slaughter

To Whom It May Concern:

Due to JWAC's total statutory noncompliance regarding my request, please be advised that I am referring it to the Office of Government Information Services for mediation. If this matter cannot be resolved through OGIS, I will be forced to move to litigation.

Sincerely,
Dustin Slaughter

From: Dustin Slaughter

Dear OGIS staff:

This is to notify you that further correspondence regarding case #201400439 will be routed through MuckRock.com.

Thanks for your time and consideration.

Sincerely,
Dustin Slaughter

From: KENDALL COOPER

Hi sir,

OGIS contacted me today about your JWAC FOIA request. JWAC is one of
USSTRATCOM's eight subordinate commands and I am responsible for processing
all FOIAs, not only for the headquarters, but also for these eight units.

I have your request for action and will task it to JWAC soon. It appears
that there is a second page to your request, but OGIS only sent me the first
page.

I will also need you mailing address and your MuckRock address/contact info,
if you have it. I've processed a few MuckRock requests over the years. I'm
assuming I should use the same address, but I've learned through my 27 years
of military and federal experience never to assume anything.

The sooner you provide this information, the sooner I can get your request
tasked out.

Thank you,

Sincerely,

KENDALL COOPER
Command FOIA/PA Manager
Office of the Staff Judge Advocate
USSTRATCOM/J006 (FOIA)
901 SAC BLVD STE 2E20A
OFFUTT AFB NE 68113
DSN: 271-6321
COMM: (402) 294-6321
FAX: (402) 294-7535
SIPR: cooperk@stratcom.smil.mil
JWICS: Kendall.Cooper@dodiis.ic.gov

From: Dustin Slaughter

Dear Mr. Cooper,

Thank you for your response. See below for the full content of this FOIA request submitted by mail to JWAC on March 20, 2014.

Please send all correspondence regarding this request to this inbox, or to the following address:

MuckRock News
DEPT MR 10826
PO Box 55819
Boston, MA 02205-5819

I also request, pursuant to 5 U.S.C. ยง 552, an estimated time of completion for this case. Please keep in mind that when this FOIA was filed on 20 March, expedited processing was requested.

Thank you for your time and consideration in this matter.

Sincerely,

Dustin Slaughter
MuckRock News

From: Cooper Kendall L CIV USSTRATCOM/J006

Mr. Slaughter,

I am acknowledging your 20 Mar 14 FOIA request and receipting for it as of 7 May 14. Once I learn more about the 16 Apr 13, I'll make a decision whether or not to approve your request for expedited processing. Because I am a one-man office, I process requests on a first-in first-out basis. There are currently 31 FOIA requests that will be processed before yours, but we will endeavor to process your request within 20 workdays. However, I have already tasked JWAC and Headquarters USSTRATCOM Public Affairs to conduct a search for responsive documents.

I will notify you within 10 calendar days regarding your request for expedited processing, and if approved, provide you an expected response date.

Concerning your requester category, please provide me a copy of your publication contract with MuckRock.com. If you do not have a contract or proof of employment with MuckRock.com, please provide me samples or links to your publication record/history in order for me to determine if you qualify as a member of the media.

Please refer to USSTRATCOM FOIA # 14-085 in future correspondence with me about this request.

Please acknowledge receipt.

Sincerely,

KENDALL COOPER
Command FOIA/PA Manager
Office of the Staff Judge Advocate
USSTRATCOM/J006 (FOIA)
901 SAC BLVD STE 2E20A
OFFUTT AFB NE 68113
DSN: 271-6321
COMM: (402) 294-6321
FAX: (402) 294-7535
SIPR: cooperk@stratcom.smil.mil
JWICS: Kendall.Cooper@dodiis.ic.gov

From: Dustin Slaughter

Dear Mr. Cooper,

Thank you for your prompt response. Please find samples of my reporting here:

https://dustinslaughter.contently.com/

Sincerely,
Dustin Slaughter

From: Cooper Kendall L CIV USSTRATCOM/J006

Thanks for the quick turn Dustin. I'm satisfied with your requester category.

Your request is tasked out for search with a due date of 16 May to provide information back to me regarding the search results. Once I hear from JWAC and our Public Affairs Office, I should be able to provide you an estimated completion date.

Respectfully,

KENDALL COOPER
Command FOIA/PA Manager
Office of the Staff Judge Advocate
USSTRATCOM/J006 (FOIA)
901 SAC BLVD STE 2E20A
OFFUTT AFB NE 68113
DSN: 271-6321
COMM: (402) 294-6321
FAX: (402) 294-7535
SIPR: cooperk@stratcom.smil.mil
JWICS: Kendall.Cooper@dodiis.ic.gov

From: Dustin Slaughter

Greatly appreciated. Thanks Mr. Cooper.

Sincerely,
Dustin S.

From: Dustin Slaughter

Good morning Mr. Cooper. I'm following up with you regarding USSTRATCOM FOIA # 14-085 (OGIS Case No. 201400439). On 9 May, your office informed me that an estimated time of completion for this request would be due on 16 May. Please let me know the status of this request, or if further clarification is needed from this end.

As always, thanks for your time and consideration.

Sincerely,
Dustin Slaughter

From: Cooper Kendall L CIV USSTRATCOM/J006

Hi Dustin,

JWAC provided me all their documents on 13 May and the USSTRATCOM Public Affairs Office provided me theirs on 19 May. However, there are currently 29 FOIA requests ahead of yours. I'm estimating it may take me 60 days just to get to yours.

I can tell you there are approximately 40 JWAC email strings and 59 photos and 14 STRATCOM PAO email strings that are responsive, but I have not had the opportunity to count pages. I'll have a better idea of the timeframe it will take me to processing your request once I start breaking down all the email strings and determining what's releasable or not. I will also have to contact the company who owns the substation to obtain their permission to disclose the photos, keep in mind that they may not want them released. If that's the case, they will be denied under FOIA exemption 4.

Again, my apologies for the amount of time it will take me to process your request.

Respectfully,

Kendall

KENDALL COOPER
Command FOIA/PA Manager
Office of the Staff Judge Advocate
USSTRATCOM/J006 (FOIA)
901 SAC BLVD STE 2E20A
OFFUTT AFB NE 68113
DSN: 271-6321
COMM: (402) 294-6321
FAX: (402) 294-7535
SIPR: cooperk@stratcom.smil.mil
JWICS: Kendall.Cooper@dodiis.ic.gov

From: Dustin Slaughter

Dear Mr. Cooper,

I very much appreciate your responsiveness and cooperation - you're certainly one of the most communicative agency representatives I've worked with on FOIA requests.

However, I would be most grateful if you could clarify why my request for expedited processing was denied.

Sincerely,
Dustin Slaughter

From: Cooper Kendall L CIV USSTRATCOM/J006

Hi Dustin,

Your request for expedited processing was not formally denied or formally approved. As you previously requested, I provided you an estimated time it would take me to get to your request.

After reassessing your request, specifically the date you initially submitted it (20 Mar 14) to JWAC, I moved your request ahead of 22 of my backlogged requests (those that I received prior to being informed of your request). There are currently only 2 requests being processed ahead of yours.

My intention is start processing your request by Friday. Processing may be interrupted as additional documents are provided to me concerning the 2 requests that are ahead of yours.

This probably isn't what you hoped to hear, but I'm working as hard as I can to provide reasonably timely service to many requesters.

I don't like failing my requesters, but it's hard not to when there aren't enough personnel to do the job.

All I can ask is for your continued patience.

Very Respectfully,

Kendall

KENDALL COOPER
Command FOIA/PA Manager
Office of the Staff Judge Advocate
USSTRATCOM/J006 (FOIA)
901 SAC BLVD STE 2E20A
OFFUTT AFB NE 68113
DSN: 271-6321
COMM: (402) 294-6321
FAX: (402) 294-7535
SIPR: cooperk@stratcom.smil.mil
JWICS: Kendall.Cooper@dodiis.ic.gov

From: Dustin Slaughter

That's perfectly fine, Mr. Cooper. I appreciate your workload, and again, I am sincerely grateful for your continued help and diligence.

Have a great day.

Sincerely,

Dustin

From: Cooper Kendall L CIV USSTRATCOM/J006

Thanks for understanding. Your patience means a great deal to me.

KENDALL COOPER
Command FOIA/PA Manager
Office of the Staff Judge Advocate
USSTRATCOM/J006 (FOIA)
901 SAC BLVD STE 2E20A
OFFUTT AFB NE 68113
DSN: 271-6321
COMM: (402) 294-6321
FAX: (402) 294-7535
SIPR: cooperk@stratcom.smil.mil
JWICS: Kendall.Cooper@dodiis.ic.gov

From: Cooper Kendall L CIV USSTRATCOM/J006

Good morning Dustin,

I've attached a fully releasable string of emails primarily between the USSTRATCOM Public Affairs Office, JWAC and the WSJ reporter. You'll see there are many repeats, but I kept them in chronological order, earliest to latest, for ease of reading.

There is one outstanding e-mail between JWAC and STRATCOM that is marked as classified. I've sent that one back to the originator for a classification review.

As I start to go through the many emails JWAC provided to me, I will continue to make interim responses to you, assuming there are ones that can be released in full.

I believe I mentioned to you that the company who owns the sub-station requested the photos taken by the DoD not be released. I'm waiting on PG&E's attorneys to contact me for a telephone conference to discuss their rationale. They will have to provide me justification as to why they want them withheld and then I'll conduct a FOIA analysis to determine whether or not a FOIA exemption applies.

Please acknowledge that you can open the attachment.

r/

KENDALL COOPER
Command FOIA/PA Manager
Office of the Staff Judge Advocate
USSTRATCOM/J006 (FOIA)
901 SAC BLVD STE 2E20A
OFFUTT AFB NE 68113
DSN: 271-6321
COMM: (402) 294-6321
FAX: (402) 294-7535
SIPR: cooperk@stratcom.smil.mil
JWICS: Kendall.Cooper@dodiis.ic.gov

From: Dustin Slaughter

This opens up just fine, Kendall. I appreciate the rolling releases!

Best,
Dustin S

From: Cooper Kendall L CIV USSTRATCOM/J006

Good...happy to do it.

KENDALL COOPER
Command FOIA/PA Manager
Office of the Staff Judge Advocate
USSTRATCOM/J006 (FOIA)
901 SAC BLVD STE 2E20A
OFFUTT AFB NE 68113
DSN: 271-6321
COMM: (402) 294-6321
FAX: (402) 294-7535
SIPR: cooperk@stratcom.smil.mil
JWICS: Kendall.Cooper@dodiis.ic.gov

From: Cooper Kendall L CIV USSTRATCOM/J006

Hi Dustin,

I've conducted a review of the documents JWAC provided me. There are 45 pages of email strings that will have to be referred to the FBI, DHS, Federal Energy Regulatory Commission (FERC) and Office of the Secretary of Defense (OSD).

Today I directed JWAC to conduct a FOIA review of their equities with their response due to me by 3 July.

I've reached out to the FBI, DHS, FERC and OSD and I'm waiting on referral instructions from them.

r/

KENDALL COOPER
Command FOIA/PA Manager
Office of the Staff Judge Advocate
USSTRATCOM/J006 (FOIA)
901 SAC BLVD STE 2E20A
OFFUTT AFB NE 68113
DSN: 271-6321
COMM: (402) 294-6321
FAX: (402) 294-7535
SIPR: cooperk@stratcom.smil.mil
JWICS: Kendall.Cooper@dodiis.ic.gov

From: Dustin Slaughter

Thanks for the update, Mr. Cooper.

From: Cooper Kendall L CIV USSTRATCOM/J006

Hi sir,

Please find attached our response. Sorry no additional information can be provided to you at this time. You may resubmit your request after the FBI closes their investigation.

Please acknowledge that you have received and can open the attachment.

Thank you.

Very respectfully,

Kendall

KENDALL COOPER
Command FOIA/PA Manager
Office of the Staff Judge Advocate
USSTRATCOM/J006 (FOIA)
901 SAC BLVD STE 2E20A
OFFUTT AFB NE 68113
DSN: 271-6321
COMM: (402) 294-6321
FAX: (402) 294-7535
SIPR: cooperk@stratcom.smil.mil
JWICS: Kendall.Cooper@dodiis.ic.gov

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