UAP Records - Dec. 1, 2017-Jan. 2, 2022
It is a clone of this request.
| Tracking # |
FIA-22-0029 22-00098-R |
| Submitted | Jan. 17, 2022 |
| Est. Completion | None |
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Communications
From: Dustin Slaughter
To Whom It May Concern:
Pursuant to the Freedom of Information Act, I hereby request the following records:
Any and all records pertaining to Unidentified Aerial Phenomenon (UAP), also known as Unidentified Flying Objects (UFO). This request seeks all responsive records, including but not limited to, emails, photographs, slide presentations, digital images, and any and all other responsive documents. The time frame for this request should include all responsive records dated from December 1, 2017 up to and including January 2, 2022.
Please include all processing notes attached to my request.
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,
Dustin Slaughter
From:
Dear Mr. Slaughter:
Attached is your Acknowledgement Letter regarding FOIA 22-00098-R. Thank you!
Sincerely,
Sincerely,
R. Marquez
Roberto Marquez,
Government Information Specialist, Team Lead
Office of the General Counsel
National Nuclear Security Administration
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 Jan. 17, 2022. Please let me know when I can expect to receive a response. You had assigned it reference number #22-00098-R.
Thanks for your help, and let me know if further clarification is needed.
From: Department of Energy, National Nuclear Security Administration
Mr. Slaughter,
As of 9 Mar 22, FOIA 22-00098-R remains with the action office conducting the search for records. Thank you for your inquiry!
Sincerely,
R. Marquez
Roberto Marquez,
Government Information Specialist, Team Lead
Office of the General Counsel
National Nuclear Security Administration
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 Jan. 17, 2022. Please let me know when I can expect to receive a response. You had assigned it reference number #22-00098-R.
Thanks for your help, and let me know if further clarification is needed.
From: Dustin Slaughter
Good morning, Mr. Marquez. I am requesting an update regarding FOIA request #22-00098-R, which I submitted on January 17, 2022. As the statutory deadline for a final determination was on or around February 14, 2022, I would greatly appreciate an estimated date of completion for this request. Please don't hesitate to let me know should you have any questions regarding this matter. Thanks for your time and attention.
Sincerely,
Dustin Slaughter
From: Department of Energy, National Nuclear Security Administration
Dear Mr. Slaughter,
Regarding FOIA 22-00098-R, Estimated Time of Completion is 23 May 22. Thank you for your Inquiry!
Sincerely,
R. Marquez
Roberto Marquez,
Government Information Specialist, Team Lead
Office of the General Counsel
National Nuclear Security Administration
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From: Dustin Slaughter
Good afternoon, Mr. Marquez. Thank you for your previous response. Seeing as it is now May 31, do you anticipate a final determination regarding FOIA request #22-00098-R this week? As always, thanks for your time.
Sincerely,
Dustin Slaughter
From: Dustin Slaughter
Good morning, Mr. Marquez. I am requesting an update regarding FOIA request #22-00098-R, which I submitted on January 17, 2022. As the DOE recently gave an estimated date of completion of May 23, 20222, I would greatly appreciate an updated date of completion for this request. Please don't hesitate to let me know should you have any questions regarding this matter. Thanks for your time and attention in this matter.
From: Department of Energy, National Nuclear Security Administration
Good Afternoon Mr. Slaughter,
We apologize for the delay; however, your case is currently being processed for closure. You will be receiving a Final Response Package via email.
Thanks in advance for your patience!
Sincerely,
R. Marquez
Roberto Marquez,
Government Information Specialist, Team Lead
Office of the General Counsel
National Nuclear Security Administration
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From: Dustin Slaughter
Thank you for the update.
From:
Dear Mr. Slaughter,
Attached is the Final Response Letter regarding FOIA 21-00098-R. Thank you!
Sincerely,
R. Marquez
Roberto Marquez,
Government Information Specialist, Team Lead
Office of the General Counsel
National Nuclear Security Administration
From: Department of Energy, National Nuclear Security Administration
Dear Mr. Slaughter,
Attached is the Final Response Letter regarding FOIA 21-00098-R. Thank you!
Sincerely,
R. Marquez
Roberto Marquez,
Government Information Specialist, Team Lead
Office of the General Counsel
National Nuclear Security Administration
From: Dustin Slaughter
To Whom It May Concern:
Please consider this a formal appeal pursuant to the Freedom of Information Act regarding FOIA 22-00098-R, that seeks:
"Any and all records pertaining to Unidentified Aerial Phenomenon (UAP), also known as Unidentified Flying Objects (UFO). This request seeks all responsive records, including but not limited to, emails, photographs, slide presentations, digital images, and any and all other responsive documents. The time frame for this request should include all responsive records dated from December 1, 2017 up to and including January 2, 2022.
Please include all processing notes attached to my request."
I am challenging the adequacy of the DOE's search on the following grounds:
1) The agency seemingly did not perform searches in all locations or offices that may contain responsive records; if an agency does not search locations that may hold responsive records, the thoroughness of a records search can be called into question. (Defenders of Wildlife v. U.S. Dep't of Interior, 314 F. Supp.2d 1, 13-14, D.D.C. 2004; Nat'l REs. Def. Council v. U.S. Dep't of Def., 388 F. Supp. 2d. 1086, 1100-1101, C.D. Cal. 2005.) I respectfully ask that the DOE conduct a new, complete, and thorough search for responsive records in the following locations: Office of the Secretary; Office of the Under Secretary for Nuclear Security (SS) and National Nuclear Security Administration (NNSA); Office of Cybersecurity, Energy Security, & Emergency Response (CESER); Chief & Associate Administrator for Defense Nuclear Security (NA-70); Artificial Intelligence & Technology Office (AI); and the Advanced Research Projects Agency - Energy (ARPA-E). Please conduct searches of all electronic and paper/manual indices, filing systems, main file records, cross-reference records, and all other relevant locations. If the DOE declines to search these locations, I will file a new request including them.
2) The DOE did not provide any processing notes as originally requested. Please also include with DOE's response to this appeal any and all associated processing notes. If processing notes are not included, I will file an additional FOIA request seeking them.
3) Finally, an agency "has a duty to construe a FOIA request liberally," and because of this requesters "need not utilize the precise jargon employed by agency officials" in FOIA requests. (Nation Magazine v. U.S. Customs Serv., 71 F.3d 885, 890, D.C. Cir. 1995). As such, I respectfully ask that the DOE interpret this request and appeal as broadly as possible.
Before litigating this matter, I am open to mediation through the Office of Government Information Services (OGIS), if necessary.
I greatly appreciate a response to this administrative appeal within 20 business days, as the statute requires. Please do not hesitate to contact me should you have any questions concerning this appeal. Thank you very much for your time and attention in this matter.
Sincerely,
Dustin M. Slaughter
From: Department of Energy, National Nuclear Security Administration
From: Marquez, Roberto
Sent: Monday, September 12, 2022 10:06 AM
To: 123713‐requests@muckrock.com
Subject: Appeal Filing Instructions: Ref: FOIA 22-00098-R (Final Response Letter)
Dear Mr. Slaughter
Regarding your request for an “Appeal” please refer to the Final Response Letter (FRL) sent to you on July 13, 2022, which states;
“You may appeal the adequacy of our search pursuant to 10 CFR § 1004.8(a). Such an appeal must be made in writing within 90 calendar days after receipt of this letter, addressed to the Director, Office of Hearings and Appeals, HG-1, U.S. Department of Energy, 1000 Independence Avenue SW, L’Enfant building, Washington, DC 20585. Your appeal must contain a concise statement of the grounds for the appeal and a description of the relief sought. Please submit a copy of this letter with the appeal. Please clearly mark both the envelope and the letter “Freedom of Information Appeal.” You may also submit your appeal by email (preferred method) to OHA.filings@hq.doe.gov<mailto:OHA.filings@hq.doe.gov>, including the phrase “Freedom of Information Appeal” in the subject line. Thereafter, judicial review will be available to you in the District of Columbia or in the district where (1) you reside, (2) you have your principal place of business, or (3) the Department’s records are situated.”
For your reference I have attached a copy of the FRL, page 2, 2nd paragraph, contains instructions for filing an appeal.
Thank you!
Sincerely,
R. Marquez
Roberto Marquez,
FOIA Team Lead, Government Information Specialist
Office of the General Counsel
National Nuclear Security Administration
Phone: (505) 845-4203
From: Marquez, Roberto
Sent: Wednesday, July 13, 2022 10:29 AM123713‐requests@muckrock.com
To: 7 5 97122 <requests@muckrock.com<mailto:requests@muckrock.com>>
Subject: FOIA 22-00098-R (Final Response Letter)
Dear Mr. Slaughter,
Attached is the Final Response Letter regarding FOIA 22-00098-R. Thank you!
Sincerely,
R. Marquez
Roberto Marquez,
Government Information Specialist, Team Lead
Office of the General Counsel
National Nuclear Security Administration
From:
Dear Mr. Slaughter:
My name is Diane Miles. I have been assigned to review the appeal you filed regarding the above-referenced request under the Freedom of Information Act. Attached is a letter acknowledging receipt of your appeal. I will contact you if I have additional questions.
Sincerely,
Diane Miles
Diane Miles
General Attorney
Office of Hearings and Appeals
U.S. Department of Energy
Tel: (240) 686-9626
E-mail: diane.miles@hq.doe.gov
From: Department of Energy
Dear Mr. Slaughter:
This letter concerns the above-referenced Freedom of Information Act (FOIA) Appeal, which the Office of Hearings and Appeals (OHA) of the Department of Energy (DOE) received on September 15, 2022. In the Appeal, you challenged the adequacy of the search conducted by the DOE's National Nuclear Security Administration (NNSA) regarding your FOIA request referenced above, alleging they did not perform searches in all locations or offices that may contain responsive records.
If you have any questions regarding this letter, please contact Diane Miles, General Attorney, at (240) 686-9626 or diane.miles@hq.doe.gov.
Docket Section
Office of Hearings and Appeals
Department of Energy
OHA.Filings@hq.doe.gov
202.287.1566
From: Department of Energy, National Nuclear Security Administration
Dear Mr. Slaughter:
This email serves as the NNSA FOIA Office formal response to your appeal of the final determination for FOIA 22-00098-R. On September 30, 2022, we contacted the Office of Hearing and Appeals and informed that office of our agency’s decision to reopen FOIA 22-00098-R and conduct a supplementary search for records. Upon completion of the search, you will be notified by Final Response Letter, rescinding your original letter dated July 11, 2022.
If you have questions, you may contact me by e‑mail at Roberto.Marquez@nnsa.doe.gov<mailto:Roberto.Marquez@nnsa.doe.gov>. Please reference Control Number FOIA 22-00098-R.
Sincerely,
R. Marquez
Roberto Marquez,
FOIA Team Lead, Government Information Specialist
Office of the General Counsel
National Nuclear Security Administration
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 Jan. 17, 2022. Please let me know when I can expect to receive a response. You had assigned it reference number #FIA-22-0029.
Thanks for your help, and let me know if further clarification is needed.
From: Department of Energy, National Nuclear Security Administration
Mr. Slaughter,
Attached is a copy of the decision we sent on October 3, 2022. If you are requesting the status from NNSA, Mr. Marquez is the person to contact.
Docket Section
Office of Hearings and Appeals
Department of Energy
OHA.Filings@hq.doe.gov
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From: Department of Energy, National Nuclear Security Administration
Dear Mr. Slaughter:
Please refer to the highlighted information previously provided to you, as of November 3, 2022, the status of this request remains current. Thank you!
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Sincerely,
R. Marquez
Roberto Marquez,
FOIA Team Lead, Government Information Specialist
Office of the General Counsel
National Nuclear Security Administration
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