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Department of Energy Washington, DC 20585 rnrn NOV8 C Austin Evers American Oversight 1030 15th Street NW, Suite B255 Washington, DC 20005 Via e-mail: [email protected] Re: HQ-2018-00200-F Dear Mr. Evers: This is a partial response to the request for information that you sent to the Department of Energy (DOE) under the Freedom oflnformation Act (FOIA), 5 U.S.C. § 552. You requested the following: 1. All calendars or calendar entries for any of the following individuals between the date of January 20, 2017, to the date a search is conducted, including any calendars maintained on behalf of these individuals (e.g. by an administrative assistant or scheduler): a) Secretary Rick Perry b) Dan Brouillette, Deputy Secretary c) Brian McCormack, Chief of Staff d) Deputy Chief of Staff to Brian McCormack e) Frank G. Klotz, Under Secretary for Nuclear Security Administrator (NNSA) 2. Any calendars maintained for the Secretary's Conference Room, and the Deputy Secretary's Conference Room. Your request was assigned to DO E's Office of Executive Secretariat (ES). ES started its search on December 7, 2017, which is the cutoff date for responsive records. On August 20, 2018, DOE sent you a partial response consisting of one (1) document. On October 3, 2018, DOE sent you a second partial response consisting of one (1) document. On November 29, 2018, DOE sent you a paitial response consisting of two (2) documents. At this time, ES has identified one (1) additional responsive document. The document is being provided to you as described in the accompanying index. ilCA N PVERSIGHT Upon review, DOE has determined that certain information contained within the record should be withheld pursuant to Exemptions 3, 5, 6, 7C, and 7E of the FOIA, 5 U.S.C. § 552(b)(3), (b)(5), (b)(6), (b)(7)(C), and (b)(7)(E). Exemption 3 protects from disclosure information "specifically exempted from disclosure by statute ( other than section 552(6) of this title), if that statute--(A)(i) requires that the matters be withheld from the public in such a manner as to leave no discretion on the issue; or (ii) establishes particular criteria for withholding or refers to particular types of matters to be withheld(.]" The National Security Act of 1947, 50 U.S.C. § 3001, et seq ... , is one such statute that falls within the coverage of Exemption 3. See CIA v. Sims, 471 U.S. 159, 167 (1985)("Section 102(d)(3) of the National Security Act of 1947, which calls for the Director of Central Intelligence to protect 'intelligence sources and methods,' clearly 'refers to particular types of matters,' 5 U.S.C. § 552(b)(3)(B), and thus qualifies as a withholding statute under Exemption 3."). The Act permits the redactions of both sensitive unclassified information and classified information, such as intelligence methodology and intelligence and counterintelligence personnel involved in these activities. The information withheld under Exemption 3 consists of the names of intelligence community personnel, the disclosure of which could reveal the nature of intelligence activities. Exemption 5 protects from mandatory disclosure "inter-agency or intra-agency memorandums or letters that would not be available by law to a pru.ty other than an agency in litigation with the agency .... " Exemption 5 incorporates the deliberative process privilege which protects recommendations, advice, and opinions that are part of the process by which agency decisions and polices are formulated. The information withheld under Exemption 5 consists of intra agency pre-decisional information. A pru.to f the document reflects deliberative discussions. The DOE may consider these preliminary views as paii of the process that will lead to the agency's final policy decision about these matters. The withheld information does not represent a final agency position, and its release would compromise the deliberative process by which the governn1ent makes its decisions. Thus, the information is being withheld under Exemption 5 of the FOIA as pre decisional material that is pa1i of the agency's deliberative process. Exemption 6 is generally referred to as the "personal privacy" exemption; it provides that the disclosure requirements of FOIA do not apply to "personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy." In applying Exemption 6, the DOE considered: 1) whether a significant privacy interest would be invaded; 2) whether the release of the information would fmther the public interest by shedding light on the operations or activities of the Government; and 3) whether in balancing the privacy interests against the public interest, disclosure would constitute a clearly unwarranted invasion of privacy. The information withheld under Exemption 6 consists of individuals' names, flight information, teleconference phone numbers and access codes, and other personal information. This 2 AM RI Af\J PVERSIGHT in.formation qualifies as "similar files" because it is information in which an individual has a privacy interest. Moreover, releasing the information could subject the individuals to unwarranted or unsolicited communications. Since no public interest would be served by disclosing this information, and since there is a viable privacy interest that would be threatened by such disclosure, Exemption 6 authorizes withholding the information. Therefore, we have determined that the public interest in the information's release does not outweigh the overriding privacy interests in keeping it confidential. Exemption 7 protects from disclosure "records or information compiled for law enforcement purposes" that fall within the purview of one or more of six enumerated categories. To qualify under Exemption 7, the information must have been compiled, either originally or at some later date, for a law enforcement purpose, which includes crime prevention and security measures, even if that is only one of the many purposes for compilation. Exemption 7(C) provides that, "records of information compiled for law enforcement purposes" may be withheld from disclosure, but only to the extent that the production of such documents "could reasonably be expected to constitute an unwarranted invasion of personal privacy .... " In applying Exemption 7(C), DOE considered whether a significant privacy interest would be invaded, whether the release of the information would fmther the public interest in shedding light on the operations or activities of the Government, and whether in balancing the privacy interests against the public interest, disclosure would constitute unwarranted invasion of privacy. The name withheld identifies security personnel, including an executive protection employee, and travel logistics. These individuals have a significant privacy interest in their identities, which, if known, could pose a serious safety risk to them or those to whom they are providing protection, and may result in an unwarranted invasion of their privacy. This risk is also extended to ce1tain travel logistics, which, if known, may result in an unwarranted invasion of privacy and could reasonably pose a serious threat to that individual. Releasing the identities of security personnel and certain travel information would reveal little about the operations or activities of the Government. Therefore, disclosure of this information could reasonably be expected to constitute an unwarranted invasion of personal privacy. Exemption 7(E) provides that, "records or information complied for law enforcement purposes" may be withheld from disclosure, but only to the extent that the production of such documents "would disclose techniques and procedures for law enforcement investigations or prosecutions, or would disclose guidelines for law enforcement investigations or prosecutions if such disclosure could reasonably be expected to risk circumvention of the law." The information withheld under Exemption 7(E) consists of secured conference room numbers. That information was compiled for preventative law enforcement and/or security purposes to prevent future illegal acts in the form of cyber security intrusions. Because the redacted portions of the enclosed document contains information about DO E's investigative techniques that could be used by an individual to obtain classified or sensitive information on DOE networks without authorization, we are withholding this information pursuant to Exemption 7(E). 3 AM f Ar\ PVERSIGHT This satisfies the standard set forth in the Attorney General's March 19, 2009, memorandum that when a FOIA request is denied, agencies will be defended and justified in not releasing the material on a discretionary basis "if (1) the agency reasonably foresees that disclosure will harm an interest protected by one of the statutory exemptions, or (2) disclosure is prohibited by law." The Attorney General's memorandum also provides that whenever full disclosure of a record is not possible, agencies "must consider whether they can make a partial disclosure." Thus, we have determined that, in certain instances, a partial disclosure is proper. This also satisfies DOE's regulations at 10 C.F.R. § 1004.1 to make records available which it is authorized to withhold under 5 U.S.C. § 552 when it determines that such disclosure is in the public interest. Accordingly, we will not disclose this information. Pursuant to 10 C.F.R. § 1004.7(b)(2), I am the individual responsible for the determination to withhold the information described above. The FOIA requires that "any reasonably segregable portion of a record shall be provided to any person requesting such record after deletion of the p01tions which are exempt," 5 U.S.C. § 552 (b). As a result, a redacted version of the document is being released to you in accordance with 10 C.F.R. § 1004.7(b)(3). This decision may be appealed within 90 calendar days from your receipt of this letter pursuant to 10 C.F.R. § 1004.8. Appeals should be addressed to Director, Office of Hearings and Appeals, HG-1, L'Enfant Plaza, U.S. Department of Energy, 1000 Independence Avenue, S.W., Washington, D.C. 20585-1615. The written appeal, including the envelope, must clearly indicate that a FOIA appeal is being made. You may also submit your appeal by e-mail to [email protected], including the phrase "Freedom oflnformation Appeal" in the subject line. The appeal must contain all the elements required by 10 C.F.R. § 1004.8, including a copy of the determination letter. Thereafter, judicial review will be available to you in the Federal District Court either (1) in the district where you reside, (2) where you have your principal place of business, (3) where DOE's records are situated, or (4) in the District of Columbia. You may contact DOE' s FOIA Public Liaison, Alexander Morris, FOIA Officer, Office of Public Information, at 202-586-5955 or by mail at MA-46/FmTestal Building, 1000 Independence Avenue, S.W., Washington, D.C. 20585, for any further assistance and to discuss any aspect of your request. Additionally, you may contact the Office of Government Information Services (OGIS) at the National Archives and Records Administration to inquire about the FOIA mediation services they offer. The contact information for OGIS is as follows: Office of Government Information Services, National Archives and Records Administration, 8601 Adelphi Road-OGIS, College Park, Maryland 20740-6001, e-mail at [email protected]; telephone at 202-741-5770; toll free at 1-877-684-6448; or facsimile at 202-741-5769. The FOIA provides for the assessment of fees for the processing ofrequests. See 5 U.S.C. § 552(a)(4)(A)(i); see also 10 C.F.R. § 1004.9(a). In our December 14, 2017 letter, you were advised that your request was placed in the "other" category for fee purposes. Requesters in this category are entitled to two free hours of search time and 100 free pages. In that same letter you were granted a fee waiver. Thus, no fees will be charged for processing your request. DOE is continuing to process your request. If you have any questions about this letter, you may contact Ms. Elizabeth Sullivan or me at: 4 AM 91( Af\J pVERSIGHT MA-46/Forrestal Building 1000 Independence Avenue, S.W. Washington, D.C. 20585 (202) 586-9141 I appreciate the opportunity to assist you with this matter. Sincerely, (}w1il~ Alexand~~onis FOIA Officer Office of Public Information Enclosures 5 AM f Ar\ PVERSIGHT INDEX Request#: HQ-2018-00200-F Fourth Partial response for request from Mr. Evers for: 1. All calendars or calendar entries for any of the following individuals between the date of January 20, 2017, to the date a search is conducted, including any calendars maintained on behalf of these individuals (e.g. by an administrative assistant or scheduler): a) Secretary Rick Perry b) Dan Brouillette, Deputy Secretary c) Brian McCormack, Chief of Staff d) Deputy Chief of Staff to Brian McCormack e) Frank G. Klotz, Under Secretary for Nuclear Security Administrator (NNSA) 2. Any calendars maintained for the Secretary's Conference Room, and the Deputy Secretary's Conference Room. At this time, DOE's Office of the Executive Secretariat (ES) has identified one (1) additional document responsive to your request. • One (1) document is being released, in part, pursuant to Exemptions 3, 5, 6, 7C, and 7E. Exemption 3 consists of the names of intelligence community personnel. Information withheld under Exemption 5 consists of intra-agency pre-decisional information. Information withheld under Exemption 6 consists of individuals' names, flight information, mobile telephone numbers, certain telephone numbers and email addresses, teleconference phone numbers and access codes, and other personal information. Information withheld under Exemption 7C consists of the name of security personnel, including an executive protection employee, and travel logistics. Information withheld under Exemption 7E consists of secured conference room numbers. 6 AMR A PVERSIGHT DOE-17-0499-D-000001 Document l S2 Schedule 8:30 AM - 9:00 AM Senior Staff /Swearing in 8:30 AM - 8:45 AM Senior Staff Meeting -- (b) (7)(E} 9:15 AM - 10:00 AM NNSA Overview briefing -- S2 office 9:15 AM - 10:00 AM NNSA Overview briefing -- S2 office 10:00 AM - 11:00 AM Undassifed combined briefings NA-80 and NA-40 -- S2 office 11:00 AM - 12:00 PM Ethics and initial briefling General Council -- S2 Office 12:00 PM - 1:00 PM Lunch 1:00 PM - 4:00 PM AdministrativeO nboarding 4:00 PM ~ 6:00 PM Professionalt asks 8:30 AM - 8:45 AM Senior Staff Meeting -- S1 Conference Room 10:00 AM - 11:00 AM Security meeting-(b)(fi).(bJ(7te)(acmi -- (b) (7)(E) Apologies- the previous meeting was scheduled from the conference room calendar,a nd since we are not meeting In the conferencer oom I am sending updated information from my inbox. Same tlme/location/topic. DeputyS ecret..-Dy aoB roulllette 1 VERSIGHT DOE-17-0499-D-000002 S2 Schedule 11:15 AM ...1 1:45 AM Official photos and Passport photos -- BH-071 2 Tickets Passport and Official 12:00 PM - 1:00 PM Lunch 12:00 PM - 12:30 PM Sit down with Paul -- S2 office Moved to Lunch,S 2 office ·s:ooP M - 6:00 PM Meeting Dan Poneman -- S2 office Emailc heckl o details 10:15 AM ~ 10:45 AM Public Affairs briefing -- In Public Affairs • •update** Canw e meet in PublicA ffairsi nstead of the S2 conference room? 11:45 AM - 12:15 PM MEISPP Photo -- FORS Lobby Meet in Lobby,p hoto on steps 1:00 PM - 2:00 PM Regulatory Reform ~-S2 Conference room 2:00 PM - 4:00 PM Return calls/Read --TBD Other tasks as needed 8:30 AM - 8:45 AM Senior Staff Meeting -- Sl Conference Room 10:00 AM - 11:30 AM Return calls 11:30 AM - 1:00 PM Lunch- S2 office, off campus DeputyS ecretaryD m Broullette 2 PVERSIGHT DOE-17-0499-D-000003 S2 Schedule (b) (6) 12:00 PM - 12:30 PM out- Lunch on our own 1:00 PM- 2:00 PM LPO briefings -- S2 office LPOO verview Vogtle Nuclear Project AppalacianE nergyH ub 2:00 PM - 2:30 PM IT updates -- S2 office (b)(6} 4:30 PM - 7:00 PM 9:00 AM " 9:45 AM NRC Chairmar1, Kristine Svinicki -- S2 Conference room W/CoS 11:00 AM - 11:30 AM Badge office-new badge 11:30 AM - 12:30 PM CFO Briefing -- 4A• 253 CFO Offices Small title update-apologiesf or the re send 12:30 PM - 1:30 PM Lunch at office 1:30 PM - 3:00 PM Return calls 3:00 PM - 3:30 PM Confirmed .. NPR unclassified -- S2 offices 4:00 PM - 4;30 PM Cyber Update -- S1 Secute Conference Room Peputy SecretaryP al ~ilette 3 PVERSIGHT . DOE-17-0499-D-000004 S2 Schedule 8:00 AM - 8:30 AM Josh Jones Project briefing -- S2 9:00 AM - 10:30 AM Return calls 12:00 PM - 1:00 PM Lunch in office 12:45 PM - 12:55 PM Call Dep Sec Shanahan 1:00 PM - 2:00 PM Hanford Briefing -- SA-014 EM offices 1:00 PM - 1!30 PM 014, Office of 2:00 PM - 2:30 PM SCI --(b) (7)(E) (b)(3) 2:30 PM - 3:30 PM LPO Budget/Appalachian -- S2 conference room LPOS 2 BriefingsL POB udgetF Y18a nd FY19a nd AppalaciahE nergyH ub 4:00 PM - 5:00 PM FERCM r. Powelson -- S2 office Emailt o Invite pending 7:30 AM - 8:00 AM Bi-weekly call -- Meet in S2 Office Meet Wayne 7:30 go to call together, dial in 7:35 (b)(6). 9:00 AM - 9:15 AM 9:15 AM - 10:15 AM Cyber Council pre-briefing --·sH-085 OCIO Please add anyone else who needs to be includedo n this prerbriefing and let me know who to expect, Oel)ltyS ecretaryD an Broollfett~ 4 PVERSIGHT DOE-17-0499-D-000005