# 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 Fre edom 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:

Req uested 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 “SRP

Alternative”).

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 b y 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

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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 corres pondence 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 subjec t 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 Info rmation 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 cont act 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: htt p://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 Coord inator

Enclosures

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# 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 F OIA Requ est 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 pre vious 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

respo nses 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 availab le 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 Gove rnment 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. Y ou may contact OGIS in any of the following ways:

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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

FOI A Officer

Enclosures

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