(i!

}~V,NI' Oi,
~ ,1~, \\ Department of Energy
,1~1
"7',t1'ESO'/
Washington, DC 20585
OEC O12017
Caroline McKay
Ben Berwick
Protect Democracy Project
PO Box 170521
Brooklyn, NY 11217

Via email: FOIA.protectdemocracy@gmail.com

FOIA@protectdemocracy.org

Re: HQ-2017-00570-F

Dear Ms. McKay and Mr. Berwick:

This is the final response to the request for infmmation that you sent to the Depmtment of
Energy (DOE) under the Freedom oflnformation Act (FOIA), 5 U.S.C. § 552. You requested:

1) Any and all records created between November 9, 2016 and the present date
by or between Depmtment of Energy employees regarding or including
Presidential Transition Team questionnaires about climate change (aka "global
warming"), including but not limited to communications between Depmtment
of Energy employees and the following individuals: Donald Trump, Stephen
Bannon, Reince Priebus, Stephen Miller, Kellyanne Conway, Sean Spicer,
Michael Pence, Daniel Simmons, David Jonas, Jack Spencer, John Giordano,
Kelly Mitchell, Mark Maddox, Martin Dannenfelser Jr., Thomas Norris, Travis
Fisher, William Greene and Rick Perry.

2) Any and all records created between November 9, 2016 and the present date
regarding personnel changes, new personnel assignments or new personnel
assignment policies by or between Depmtment of Energy employees and the
Executive Office of the President or Presidential Transition Team (aka
"Landing Team"), including but not limited to communications between
Depmtment of Energy employees and the following individuals: Donald
Trump, Stephen Bannon, Reince Priebus, Stephen Miller, Kellyanne Conway,
Sean Spicer, Michael Pence, Daniel Simmons, David Jonas, Jack Spencer,
John Giordano, Kelly Mitchell, Mm·k Maddox, Martin Dannenfelser Jr.,
Thomas Norris, Travis Fisher, William Greene and Rick Perry.

Your request was initially assigned to the Office of Management (MA) to conduct a search of its
files for responsive documents. DOE subsequently determined that your request also falls under
the jurisdiction of the Office of the Chief Human Capital Officer (HC). Thus, your request was
also assigned to HC to conduct a search of its files for responsive documents.
DOE's search for responsive documents started on March 13, 2017, which is the cutoff date for
responsive records.

DOE released a first partial response to you from MA on June 23, 2017, which included a link to
a 747 page document. DOE released a second partial response to you from MA and HC on
August 31, 2017, which included three (3) MA documents and twenty-four (24) HC documents.
DOE released a third partial response to you on October 26, 2017, which included nine (9) MA
documents. This letter serves as a final response for DOE.

MA has completed its search and has located an additional eight (8) documents responsive to
your request. The documents are being provided to you as described in the accompanying index.

Upon review, DOE has determined that certain infonnation contained within the records should
be withheld pursuant to Exemptions 5 and 6 of the FOIA, 5 U.S.C. § 552(b)(5) and (b)(6).

Exemption 5 protects from mandatory disclosure "inter-agency or intra-agency memorandums or

letters that would not be available by law to a party 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 fonnulated. The information withheld under Exemption 5 consists of
deliberative communications on appointed positions.

A portion of the records reflect deliberative discussions. The DOE may consider these
preliminary views as part 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 government makes its
decisions. Thus, the information is being withheld under Exemption 5 of the FO IA as pre-
decisional material that is part of the agency's deliberative process.

Exemption 6 is generally refened 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: I) whether a significant privacy interest would be
invaded; 2) whether the release of the information would further 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 mobile telephone numbers, private
email addresses, and information relating to individuals' personal matters. This information
qualifies as "similar files" because it is information in which an individual has a privacy interest.
Moreover, releasing the infmmation could subject the individuals to unwarranted or unsolicited
cmmnunications. 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 dete1mined that the public interest
in releasing this information does not outweigh the oveniding privacy interests in keeping this
information confidential.

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(l) 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
portions 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, as well as the adequacy of the search, 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-I, 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 OHA.filings@hq.doe.gov, including the phrase "Freedom ofinformation
Appeal" in the subject line. The appeal must contain all the elements required by IO 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 Manis, FOIA Officer, Office of
Public Information, at 202-586-5955, or by mail at MA-46/Forrestal 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 ogis@nara.gov;
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 of requests. See 5 U.S.C. §
552(a)(4)(A)(i); see also 10 C.F.R. § 1004.9(a). In our March 3, 2017, letter, you were advised
that your request was placed in the "educational" category for fee purposes. Requesters in this
category are charged fees for duplication only and are provided 100 pages at no cost. In that
same letter, you were informed that your request for a fee waiver was granted. Thus, no fees will
be charged for processing your request.

If you have questions about the processing of the request or this letter, you may contact Ms.
Anjelica Ruda or me at:

MA-46/Forrestal Building
1000 Independence Avenue, S.W.
Washington, D.C. 20585
(202) 586-1355

I appreciate the opp01tunity to assist you with this matter.

Sine rely,

Office of Public Info1mation

Enclosures
 INDEX

Request#: HQ-2017-00570-F

Final response for request from Ms. McKay and Mr. Berwick for:

1) Any and all records created between November 9, 2016 and the present
date by or between Department of Energy employees regarding or including
Presidential Transition Team questionnaires about climate change ( aka
"global warming"), including but not limited to communications between
Department of Energy employees and the following individuals: Donald
Trump, Stephen Bannon, Reince Priebus, Stephen Miller, Kellyanne
Conway, Sean Spicer, Michael Pence, Daniel Simmons, David Jonas; Jack
Spencer, John Giordano, Kelly Mitchell, Mark Maddox, Martin
Dannenfelser Jr., Thomas Norris, Travis Fisher, William Greene and Rick
Perry.

2) Any and all records created between November 9, 2016 and the present
date regarding personnel changes, new personnel assignments or new
personnel assignment policies by or between Department of Energy
employees and the Executive Office of the President or Presidential
Transition Team (aka "Landing Team"), including but not limited to
communications between Department of Energy employees and the following
individuals: Donald Trump, Stephen Bannon, Reince Priebus, Stephen
Miller, Kellyanne Conway, Sean Spicer, Michael Pence, Daniel Simmons,
David Jonas, Jack Spencer, John Giordano, Kelly Mitchell, Mark Maddox,
Martin Dannenfelser Jr., Thomas Norris, Travis Fisher, William Greene and
Rick Perry.

The Office of Management (MA) has identified eight (8) additional documents responsive to
your request.

• Two (2) documents are being withheld in part pursuant to Exemption (b)(5). Exemption
5 information consists of deliberative discussions on appointed positions.
• Four (4) documents are being withheld in part pursuant to Exemption (b)(6). Exemption
6 information consists of mobile telephone numbers, private email addresses, and
information relating to individuals' personal matters.
• Two (2) documents are being withheld in part pursuant to Exemptions (b)(5) and (b)(6).
Exemption 5 information consists of deliberative discussions on appointed positions.
Exemption 6 info1mation consists of personal email addresses and information relating to
an individual's personal matters.
 Document 1
Kolb, Ingrid

From: Kolb, Ingrid

Sent: Monday, January 09, 2017 5:34 PM
To: Mirza, Asma Y. EOP/OMB
subject: RE: Hope this works!

I'm going to give you a call now. Plans changed!! Thanks,

-----Original Message---
From: Mirza, Asma Y, EOP/OMB [mailto:Asma_Y._Mirza@omb.eop.gov]
Sent: Monday, January 09, 2017 5:31 PM
To: Kolb, Ingrid <Ingrid.Kolb@hq.doe.gov>
Subject: RE: Hope this works!

Sure - my cell is (b) (6) We're hoping to land this exercise soon, so looking forward to talking tomorrow.

Best,

·Asma

----Original Message----
. From: Kolb, Ingrid [mailto:Ingrid.Kolb@llq.doe.gov]
Sent: Monday, January 9, 2017 5:00 PM
To: Mirza, Asma Y. EOP/OMB <Asma_ Y._Mirza@omb.eop.gov>
Subject: RE: Hope this works!

Could we talk in the morning? Something has come up and I need to do a little more work on what I need to
discuss with you. Thanks! 11 Is 1here a number where I can reach you tomorrow?

-----Original Messagc----
From: Mirza, Asma Y. EOP/OMB [mailto:Asma_Y._Mirza@omb.eop.gov]
Sent: Monday, January 09, 2017 4:39 PM
To: Kolb, Ingrid <Ingrid.Kolb@hq.doe.gov>
Subject: Re: Hope this works!

Hi Ingrid - thanks for sending the below. I'm in a meeting but can call you around S: l 5,

Sent from my iPhone

On Jan 9, 2017, at 4:36 PM, Kolb, Iugrid <Ingrid.Kolb@hq.doe.gov<mailto:1ngrid.Kolb@hq.doe.gov>> wrote:

Asma,

Would you call me about this? I tried the main line, but couldn't get through. Thanks.

202-586-2550
Ingrid Kolb

1
 From: Kolb, Ingrid
Sent: Monday, January 09, 2017 12:06 PM
To: Mirza, Asma Y. EOP/OMB <Asma_Y._Mirza@omb.cop.gov<mailto:Mirza@omb.eop.gov>>
Subject: Hope this works!

Agency Head

Grace M. Bochenek

National Energy Technology Laboratory Director

No

Yes

Grace M. Bochenek

Pennsylvania

National Energy Technology Laboratory Director

Under Secretary for Science (and Energy)

Patricia A. Hoffinan

Assistant Secretary for Electricity Delivery and Energy Reliability

No

Yes

Patricia A. Hoffman

Virginia

Assistant Secretary for Electricity Delivery and Energy Reliability

(b)(6)

2
(b) (6)

3
 Document2
Kolb, Ingrid
From: Mirza, Asma Y. EOP/OMB <Asma_Y._Mirza@omb.eop.gov>
Sent: Friday, January 13, 2017 2:09 PM
To: Kolb, Ingrid
Cc: Llano, Rayden EOP/OMB
Subject: Re: Designations

Great - thank you!

Sent from my iPhone

On Jan 13, 2017, at 1:58 PM, Kolb, Ingrid <lngrid.Kolb@hq.doe.gov<mailto:fngrid.Kolb@hq.doe.gov>>

wrote:

(b) (5)

From: Mirza, Asma Y. EOP/OMB [mailto:Asma_Y._Mirza@omb.eop.gov<mailto:Mirza@omb.eop.gov>]

Sent: Friday, January 13, 20171:43 PM
To: Kolb, Ingrid <lngrid.Kolb@hq.doe.gov<mailto:Ingrid.Kolb@hq.doc.gov>>
Cc: Llano, RaydenEOP/OMB <Rayden_L1ano@omb.eop.gov<mailto:Raydcn_Llano@omb.eop.gov>>
Subject: Designations

Ingrid- (b) (5)

Best,

Asma

Agency

Critical Position

Career Designee

Designee Current Position

PETT Awan~ness

Department of Energy

Secretary

1
Grace M. Bochenek

National Energy Technology Laboratory Director

No

(b) (6)

Department of Energy

Under Secretary for Science (and Energy)

Patricia A. Hoffman

Assistant Secrctmy for Electricity Delivery and Energy Reliability

2
 Document3
Kolb, Ingrid
From: Kolb, Ingrid
Sent: Sunday, January 1S, 2017 12:41 PM
To: Mirza, Asma Y. EOP/OMB
Subject: RE: Need info quickly

Thanks, sorry I just saw this!

From: Mirza, Asma Y. EOP/OMB <Asma_Y._Mirza@omb.eop.gov>

Sent: Sunday, January 15, 2017 9:51:46 AM
To: Kolb, Ingrid
Subject: Re: Need info quickly

(b)(5)

Thanks!

Sent from my iPhone

> On Jan 15, 2017, at 9:50 AM, Mirza, Asma Y. IlOP/OMB <Asma_Y._M!rza@omb.cop.gov> wrote:
>
> Ingrid you can disregard· PPO connected with folks at DOE and confirmed she's career, Thanks!
>
> Sent from my !Phone
>
» On Jan 15, 2017, at 9:24 AM, Mirza, Asma Y. EOP/OMB <Asma_Y._Mir1.a@omb.oop.gov> wrote:
>>
>>Ingrid. (b) (5)

>>
>> Asma
>>
>>
>> Sent from my iPhone

1
 Document4
Kolb, Ingrid
From: Mirza, Asma Y. EOP/OMB <Asma_Y,_Mirza@omb.eop.gov>
Sent: Monday, January 16, 2017 4:02 PM
To: Kolb, Ingrid; Llano, Rayden EOP/OMB
Subject: RE: Retirement Issue

Hi Ingrid -(b} (5)

Thanks,

Asma

From: Kolb, Ingrid {mailto:lngricl.Kolb@hq.doe.gov]

Sent: Monday, January 16, 2017 2:36 PM
To: Mirza, Asma Y, EOP/OMB <Asma_Y,_Mirza@omb.eop.gov>; Llano, Rayden EOP/OMB
<Rayden_Llano@omb.eop.gov>
Subject: Retirement Issue
(b} (5)

(b)(5} Any news would be welcome. Thanks!!

1
 Documents

Kolb, Ingrid
From: Mayock, Andrew EOP/OMB <Andrew_Mayock@omb.eop.gov>
Sent: Wednesday, January 18, 2017 10;34 AM
To: Kolb, Ingrid
Cc: Mirza, Asma Y. EOP/OMB; Mehrbanl, Rudy A. EOP/WHO; McLaughlin, Meg T. T.
EOP/WHO; 'Timothy Home - SP'
Subject: Update on Acting Career Officials

Ingrid,

Thank you for your help in identifying critical positions that will become vacant at the change of the Administration. Last
night the President approved the acting designation for the following career officials for the listed positions. These
designations will go into effect on January 20th at 12pm:

• Grace M. Bochenek of Pennsylvania, Director of the National Energy Technology Laboratory, to be Acting
Secretary of Energy
• Patricia A. Hoffman of Virginia, Principal Deputy Assistant Secretary for Electricity Delivery and Energy Rellabillty,
to be Acting Under Secretary of Energy for Science
• (b) (6)

If you have any questions, please reach out to Rudy Mehrbani before 3pm on January 19th at
(b) (6)

Best,

Andrew

1
 Document6

Kolb, Ingrid
From: Mirza, Asma V. EOP/OMB <Asma_V._Mirza@omb.eop.gov>
Sent: Thursday, January 19, 2017 8:51 AM
To: Kolb, Ingrid
Subject: Re: Update on Acting Career Officials

Copy; we are working on this

Sent from my iPhone

On Jan 19, 2017, at 8:47 AM, Kolb, Ingrid <Ingrid.Kolb@hq.doc.gov<mailto:Ingrid.Kolb@hq.doe.gov>>

wrote:

(b) (5)

From: Mirza, Asma Y. EOP/OMB <Asma_Y._Mirza@omb.eop.gov<mailto:Mirza@omb.eop.gov>>

Sent: Wednesday, January 18, 201711:12:48 PM
To: Kolb, Ingrid
Cc: Mayock, Andrew EOP/OMB; Mchrbani, Rudy A. EOP/WHO; McLaughlin, Meg T. T. EOP/WHO;
Timothy Horne - 8P
Subject: Re: Update on Acting Career Officials

Ingrid - (b) (5)

Thanks,

Asma

Sent from my iPhone

On Jan 18, 2017, at 4:38 PM, Kolb, Ingrid

<lngrid.Kolb@hq.doe.gov<mailto:Ingrid.Kolb@hq.doe.gov><mailto:fngrid.Kolb@hq.doe.gov>> wrote:

Thank you for all of your help with this!!

From: Mayock, Andrew EOP/OMB [mailto:Andrcw_Mayock@omb.eop.gov]

Sent: Wednesday, January 18, 2017 10:34 AM
To: Kolb, Ingrid
<lngrid.Kolb@hq.doc.gov<mailto:Ingrid.Kolb@hq.doe.gov><mailto:Ingrid.Kolb@hq.doe.gov>>
Cc: Mirza, Asma Y. EOP/OMB
<Asma_Y._Mirza@omb,eop.gov<mailto:Mirza@omb.eop.gov><mailto:Mirza@omb.eop.gov>>; Mehrbani,
Rudy A. EOP/WHO
<(b) (6) <mailto:(b) (6) ><mailto:(b) (6)
>; McLaughlin, Meg T. T. EOP/WHO
<(b) (6) <mailto:(b) (6) ><mailto:(b) (6)
>>; 'Timothy Horne - 8P' <tim.home@gsa.gov<mailto:tin1.horne@gsa.gov><mailto:tim.horne@gsa.gov>>
1
Subject: Update on Acting Career Officials

Ingrid,

Thank you for your help in identifying critical positions that will become vacant at the change of the
Administration. Last night the President approved the acting designation for the following career officials for
the listed positions. These designations will go into effect on January 20th at 12pm:

* Grace M. Bochenek of Pennsylvania, Director of the National Energy Technology Laboratory, to be

Acting Secretary of Energy

* Patricia A. Hoffman of Virginia, Principal Deputy Assistant Secretary for Electricity Delivery and Energy
Reliability, to be Acting Under Secretary of Energy for Science

* (b) (6)

If you have any questions, please reach out to Rudy Melu·bani before 3pm on January 19th at
(b) (6) <mailto:(b) (6) ><mailto:"(b) (6)
>.

Best,

Andrew

2
 Document?

Kolb, Ingrid
From: Mirza, Asma Y. EOP/OMB <Asma_v._Mirza@omb.eop.gov>
Sent; Thursday, January 19, 2017 9:49 AM
To: Kolb, Ingrid
Subject: FW: Request from PETT to hold over

FYI

-----Original Message-----
From: Mehrba11i, R11dy A. BOP/WHO
Sent: Thursday, January 19, 2017 9:35 AM
To: frank.klotz@nnsa.doe.gov
Cc: McLaughlin, Meg T. T. EOP/WHO (b) (6) Mirza, Asma Y.
EOP/OMB <Asma_Y._Mirza@omb.eop.gov~
Subject: Request from PE1T to hold over

General Kloiz,

Per our discussion this morning, we have been informed by the Prehident-elect's team of their desire for you to
continue serving for a period of tune beyond Ja11. 20th. Consistent with our dedication to providing the
President-elect's team maximum flexibility, we are wo1'king to accommodate that request.

We will need you to submit a revised resignation letter. The letter should read as follows:
"I hereby tender my resignation as Under Secretary of Energy for Nuclear Security, effective at the pleasure of
the President."

We will keep this letter on file and provide it to the President-elect's transition team. You may continue to serve
in your position until notified otherwise by the incoming Administration.

Please let me know if you have any questions.

Rudy

Assistant to the President for Presidential Personnel

(b) (6)

1
 Document8

Ko lb. Ingrid
From: Mirza. Asma V. EOP/OMB <Asma_V._Mirza@omb.eop.gov>
Sent: Thursday, January 19, 2017 12:36 PM
To: Kolb, Ingrid
Cc: 'Timothy Horne'
Subject Copy of POTUS Designation
Attachments: 2017 POTUS Designations - Energy.pdf

Ingrid-for your records, attached Is the designation from the President. let me know if you're missing anything.

Asma

1
 THE WH!TJ;'. HOUS!i:
WASHINGTON

January 17, 2017

(b)(6)

~ursuant to the Constitution and the laws of the united

States, including section 3345(a} of title 5 1 United States
Code, you are ~irected to perform the duties of the office of
(b) (6) 1 effective January 20 1 2017.
 THE WHITE HOUSE
WASHINGTON

Januacy_l7, 2017

MEMORANDUM FOR PATRICIA A, HOFFMAN

Assistant Secretary of Energy (Electricity
Delivery and Energy Reliability)

Pui:-suant to the Constitutl.on and the laws of the united

States, including section 3345(a) of title 5, United States
Code, you are directed to perform the duties of. the office of
Under Secretary for Science, Department of Energy, effective
January 20, 2017,
 THE WHlTE HOUSE
WASHINGTON

Janua:r.y 17, 2017

MEMORANDUM FOR GRACE M. BOCHENEK

Director o:E the National Elne:r.gy Technology
I.abo:r.atory

Purauant to the Constitution and the laws of the United

States, including section 3345(a) of titles, United States
Code, you are directed to perform the duties of the office of
Secretary of Energy, effective January 20, 2017,