United States Department of the Interior

BUREAU OF RECLAMATION

Lower Colorado Regional Office

P.O. Box 61470

Boulder City, NV 89006-1470

February 14, 2014

LC-3501 

RIM-6.11

(LC-2014-06\BOR-2014-00063)

VIA ELECTRONIC MAIL AND FEDEX

Ms. Anne Lynch

Hunsucker Goodstein PC

5335 Wisconsin Avenue, NW, Suite 360

Washington DC 20015

alynch@hgnlaw.com

Subject: Initial Response to Freedom of Information Act (FOIA) Request – BOR-2014-00063

Dear Ms. Lynch:

This letter responds to your FOIA request dated December 4, 2013, received in this office on December 

10, 2013, and perfected on January 2, 2014, for records as outlined below: 

Requested Item 1. All documents concerning Department of the Interior’s (DOI) representation of the 

Hopi Tribe’s interests in negotiation of the Best Available Retrofit Technology (BART) Alternative for 

the Navajo Generating Station (described at 78 Fed. Reg. 62,509, (Oct. 22, 2013)) (the “SRPAlternative”).

Requested Item 2. All documents relied on by DOI in representing the Hopi Tribe’s interests in 

negotiation of the SRP Alternative. 

Requested Item 3. All documents evidencing the parties represented by DOI in the negotiation of the 

SRP Alternative.

Requested Item 4. The Non-Disclosure Agreement entered into between DOI and the Salt River Project, 

and others, concerning negotiation of the SRP Alternative (the “NDA”).

Requested Item 5. All documents supporting the DOI’s entry into the NDA.

Requested Item 6. A list of the documents protected from disclosure by the NDA. 

Requested Item 7. All documents describing the nature of the interest that the Bureau of Reclamation has 

in the Navajo Generating Station.

Enclosed you will find 85 records that are responsive to your request. 

One portion of the records requested involves an outside party. In accordance with 43 CFR §2.26(a), 

when the Department of the Interior receives a FOIA request that seeks commercial or financial 

information submitted to the Government by an outside party, the Department is required to consult with 
2

the submitter of the information. We expect to hear from the submitter by March 3, 2014 and a decision 

on that portion of your request will be forthcoming.

A second portion of records responsive to your request are currently undergoing internal review due to 

some information contained in the records that will be withheld under various FOIA exemptions. As 

these records complete the review process, they will be provided to you in incremental stages.

If you consider this response a denial of your request, you may file an appeal to the FOIA Appeals 

Officer, any time after the time limit for responding to your request has passed. Your appeal must be in 

writing and addressed to: 

Freedom of Information Act Appeals Officer

Department of the Interior (SOL)

1849 C Street, NW, MS 6556 

Washington, DC 20240 

You must include with your appeal copies of all correspondence between you and the Bureau of 

Reclamation concerning your FOIA request, including a copy of your original FOIA request and this 

denial letter. Failure to include this documentation with your appeal will result in the Department of the 

Interior’s rejection of your appeal. The appeal should be marked, both on the envelope and the face of the 

letter, with the legend, “FREEDOM OF INFORMATION APPEAL.” Your letter should include in as 

much detail as possible any reason(s) why you believe Reclamation’s response is in error.

For your information, Congress excluded three discrete categories of law enforcement and national 

security records from the requirements of the FOIA. See 5 U.S.C. § 552(c). This response is limited to 

those records that are subject to the requirements of the FOIA. This is a standard notification that is given 

to all our requesters and should not be taken as an indication that excluded records do, or do not, exist.

As part of the 2007 FOIA amendments, the Office of Government Information Services (OGIS) was 

created to offer mediation services to resolve disputes between FOIA requesters and Federal agencies as a 

non-exclusive alternative to litigation. Using OGIS services does not affect your right to pursue litigation. 

You may contact OGIS in any of the following ways:

Mail to: Office of Government Information Services (OGIS)

8601 Adelphi Road

College Park, MD 20740-6001

Email: ogis@nara.gov Web: http://ogis.archives.gov

Telephone: 202-741-5770 Facsimile: 202-741-5769

Toll-free: 1-877-684-6448

If you have questions, please contact me at (702) 293-8403 or the e-mail address above. 

Sincerely,

/s/

Lisa Gallegos

FOIA Coordinator

Enclosures – 2










United States Department of the Interior

BUREAU OF RECLAMATION

Lower Colorado Regional Office

P.O. Box 61470

Boulder City, NV 89006-1470

March 3, 2014

LC-3501 

RIM-6.11

(LC-2014-06\BOR-2014-00063)

VIA ELECTRONIC MAIL AND FEDEX

Ms. Anne Lynch

Hunsucker Goodstein PC

5335 Wisconsin Avenue, NW, Suite 360

Washington DC 20015

alynch@hgnlaw.com

Subject: Response to FOIA Request BOR-2014-00063 - Supplemental Release No. 2

Dear Ms. Lynch:

This letter responds to your FOIA request dated December 4, 2013, received in this office on 

December 10, 2013, for records pertaining to the Navajo Generating Station. 

As indicated in previous correspondence, the records you requested are in the process of being 

reviewed and are being provided to you incrementally, to the extent they are releasable, as the 

review is completed. Thus, as we previously committed, we are providing additional records that 

have cleared our review. Please see the attached index for a list of the specific records. The records 

are being sent to you via FedEx today. 

We anticipate providing further supplemental responses to your request. The supplemental 

responses will provide you additional documents that are releasable to you and an explanation of 

any records that are withheld from release under a FOIA exemption. Please remain assured that 

all documents that can be appropriately released will be made available at the earliest possible 

date.

For your information, Congress excluded three discrete categories of law enforcement and 

national security records from the requirements of the FOIA. See 5 U.S.C. § 552(c). This 

response is limited to those records that are subject to the requirements of the FOIA. This is a 

standard notification that is given to all our requesters and should not be taken as an indication 

that excluded records do, or do not, exist.

As part of the 2007 FOIA amendments, the Office of Government Information Services (OGIS) 

was created to offer mediation services to resolve disputes between FOIA requesters and Federal 

agencies as a non-exclusive alternative to litigation. Using OGIS services does not affect your 

right to pursue litigation. You may contact OGIS in any of the following ways:
2

Mail to: Office of Government Information Services (OGIS)

8601 Adelphi Road

College Park, MD 20740-6001

Email: ogis@nara.gov Web: http://ogis.archives.gov

Telephone: 202-741-5770 Facsimile: 202-741-5769

Toll-free: 1-877-684-6448

If you have questions, please contact me at (702) 293-8020 or the e-mail address above. 

Sincerely,

/s/

Lisa Gallegos

FOIA Officer

Enclosures – 2