|Submitted||June 1, 2019|
|Due||July 18, 2019|
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To Whom It May Concern:
THIS IS A FOIA REQUEST
This is a request under the Freedom of Information Act. Pursuant to the Freedom of Information Act, I hereby request copies of the following records:
-Sandia (1967): "Scope of Work for Sandia Corporation`s Continued Participation in Project Agile." Sandia. OSTI Identifier 10152618.
-Schwartz (1963): "Minutes of Inter-Lab AEC Weapon Effects Committee." OSTI Identifier 10151036.
-Cook (1963): "Need for Weapon Effects Testing." Sandia. OSTI Identifier 10151367.
-McDonald (1957): "Weapon: Birth - Life - Death Sandia Corporation Controlled Items." Sandia. OSTI Identifier 10150685.
As the FOIA requires, please release all reasonably segregable nonexempt portions of documents. If you withhold information or records then please identify the exemption through which you do so and advise me of my options for appeal under the law.
FEES AND FEE STATUS
I am a PhD student at the University of New Mexico and the information requested is for academic and public education purposes, including my PhD dissertation project, and not primarily for commercial use. Furthermore, I will make responsive records available to the public via my academic publications and presentations; on social media (I have over 13,000 Twitter followers); and through the News Site MuckRock.com. Please note that you can access my UNM student profile page at the following url: https://anthropology.unm.edu/people/grad-students/profile/martin-pfeiffer.html.
Therefore, as per Sack v. DOD (2016) I qualify for educational institution fee status and ask that you process my request accordingly. In your response please confirm that you will be processing my request under the educational institution fee status.
If fees are assessed then I agree to pay fees up to $30 without additional notice. In the event that there are fees exceeding $30 then please inform me of the total charges in advance of fulfilling my request.
RECORDS AND COMMUNICATIONS
I hereby request that all records generated by this request be delivered in electronic format via email or, if that is not possible, on CD-ROM if available.
Please do not hesitate to contact me (preferably via email) with any questions or information. You may, and I request that you do so, engage in rolling release of responsive documents.
I look forward to receiving your response within the twenty day statutory period. Thank you for your anticipated cooperation and time in this matter.
In order to accept this as a valid Freedom of Information Act (FOIA) request, one of the elements required, is your contact information, such as your name and address.
This request does not have your name. Please resubmit, or confirm with a reply to this email with your name.
Dear FOIA Services,
Thank you for your message.
I believe you are mistaken and my request as submitted was in fact a complete request that included my name as well as contact information.
Please note that my name (Martin Pfeiffer) is at the end of the request as I submitted it as part of the signature line as well as referenced in the link to my student profile at UNM provided in my original request.
In addition, the original request as filed through Muckrock.com automatically include a footer that provides email information (our email seems to be working fine) as well as provisions for uploading documents directly or sending them by mail.
Please see the attached file for reference as it is a PDF copy of the raw email of my request as submitted; all the elements required of a FOIA request as I understand them and you have outlined them are present.
Please confirm receipt and acceptance of my FOIA request.
Thank you for your help with this matter.
Dear Mr. Pfeiffer,
Please respond to the attached acknowledgement letter.
If we do not receive a response regarding your willingness to pay all fees by June 21, 2019 we will consider your request invalid and will close it with no further action.
(G) FOIA Services
on Behalf of Delilah Perez
1) So that I may make an effective appeal I request to know on what grounds I was denied my requested fee status especially as it is the fee status I have been granted in the past. I would again refer us all to the 2017 Sack v. DOC decision which explicitly widens the educational/fee status category to include students, such as myself, doing school related research as I am. I consider this behavior to be petty bureaucratic harassment whose effect obstructs access to records covered by the FOIA and have made that claim in said appeals to these responses. My next step is to approach my State and Congressional representation as I am vexed at these repeated efforts to avoid doing what the law requires.
2) Regarding agreement to pay a fee amount: If you refer to my original FOIA request then you will please notice under the "FEES AND FEE STATUS" labeled-section a discussion of my willingness to pay fees. In what way is this deficient for perfecting my request? If you are unable to find this section in my original request then please let me know and I will send a color annotated copy to you.
3) I consider this a response to your letter. Please respond by July 4th confirming your acceptance, or lack thereof, of this response. Please provided additional specific required info and my options for appeal.
I expect that OHA will be in contact with you soon regarding my appeals.
To Whom it May Concern,
Are you serious? You send an email on the 17th and demand a response by the 21st? Do you truly think, say, that OHA will uphold that? Or that it shows good faith, transparency, or any sort of interest in actually doing the job required of you by statute?
In any case, let's find out.
Confirm that my request is moving forward pending appeal and as per the terms I outlined in my previous message. If you are unwilling to do so then please notify me of my options for appeal.
In addition, please notify who made the demand for a four day turn around time on an email so that I may file a complaint with the FOIA Liaison or approach OGIS.
Dear Mr. Pfeiffer,
The attached letter was sent to you on July 26, 2019. There was a glitch in our system and there is a possibility that this letter did not get to you. By copy of this email, the deadline to respond has been extended to August 15, 2019.
My sincerest apologies,
Government Information Specialist
Office of the General Counsel
I will be sure to make note of it in my appeal to OHA.