DOE Wind Capital FOIA Request

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September 28, 2011

BY OVERNIGHT MAIL

FOIA Officer

U.S. Department of Energy

1000 Independence Avenue, S.W.

Washington, D.C. 20585

Re: Freedom of Information Act Request

Dear FOIA Officer:

Pursuant to the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552, et seq., as amended, we respectfully request the following documents from files maintained by the U.S. Department of Energy (“DOE”):

  1. Any and all communications between any Presidential appointment with Senate confirmation (“PAS”) or any non-career member of the Senior Executive Service (“SES”) at DOE and any individual from Wind Capital Group, Lost Creek Wind, LLC, or any subsidiary or department thereof (“the Companies”) – whether electronic or written and whether distributed internally or externally – and including but not limited to correspondence regarding the Companies’ applications pursuant to the program outlined in Section §1603 of the American Recovery and Reinvestment Tax Act (the “§1603 Program”);
  2. The §1603 Program applications the Companies submitted to the U.S. Department of the Treasury (“Treasury”) and/or DOE, along with any accompanying documentation including but not limited to financial statements, design plans, commissioning reports, and cost breakdowns;
  3. Any and all documents and communications – whether electronic or written and whether distributed internally or externally – that relate to the processing and eligibility determinations of the Companies’ §1603 Program applications; and
  4. Any and all documents and communications – whether electronic or written and whether distributed internally or externally – that relate to the annual reports the Companies are required to submit to Treasury after receiving §1603 Program funds or benefits, including but not limited to the annual reports themselves.

As required by FOIA, please provide redacted copies of documents if the document contains some information which is subject to a FOIA exemption. If any documents are fully withheld based on a FOIA exemption, please explain the basis of such full withholding.

Please provide the documents and records in whatever form they are available, whether electronic or otherwise. We will assume financial responsibility for all necessary charges incurred, including costs of the search and duplication of files. Please contact me in advance at (202) 559-6428 if the cost will exceed $300.

Your prompt attention to this matter is appreciated. Please contact me as soon as possible at (202) 559-6428 if you are unable to fully process and respond to this request within the twenty (20) day response period provided for by the FOIA or if you have any questions related to this request. Although we believe our response is very narrowly targeted so that a full response can be provided in the 20-day response period, if some but not all of the requested documents cannot be provided in the 20-day response period, please provide a partial response with those documents that are available. Thank you in advance for your assistance.

Respectfully submitted,


Steven J. Law