You are on page 1of 12

Important

Dates and Events



This narrative highlights important dates and events related to ten FOIA requests sent on behalf of the
Southern Alliance for Clean Energy to the Department of Energy, Department of Treasury, and Office of
Management and Budget.1 Each request concerns the conditional commitments for federal loan
guarantees issued to Georgia Power Company, Municipal Electric Authority of Georgia, and Oglethorpe
Power Corporation in connection with the Plant Vogtle project.

February 16, 2010: President Obama announces that the Department of Energy (DOE) has offered
conditional commitments for loan guarantees totaling $8.33 billion for the Plant Vogtle project.
March 25, 2010: Southern Alliance for Clean Energy (SACE) submits a Freedom of Information Act
(FOIA) request to DOE for records pertaining to the loan guarantees.
April 2, 2010: DOE acknowledges receipt of the FOIA request and states that the request has been
sent to the Office of the Loan Programs Office and the Office of the General Counsel to conduct a
search of their files for responsive records.
April 22, 2010: DOE sends an email again acknowledging receipt of the FOIA request.
April 26, 2010: DOE confirms, by phone, that it does not yet have a response to the FOIA request.
May 27, 2010: SACE sends a letter to DOEs Office of Hearings and Appeals, requesting a response to
the FOIA request.
June 1, 2010: Via letter, DOEs Office of Hearings and Appeals denies that it has any responsibility to
respond to SACEs demand for a response to its FOIA request.
June 8, 2010: DOE again confirms, by phone, that it does not have a response to the FOIA request.
June 22, 2010: DOE again confirms, by phone, that it does not have a response to the FOIA request.
July 6, 2010: DOE sends to SACE a partial response to the FOIA request consisting of three heavily
redacted loan guarantee term sheets purported to be responsive to 6 of the FOIA request.
July 8, 2010: DOE sends to SACE another partial response to the FOIA request consisting of two
redacted documents purported to be responsive in part to 3 of the FOIA request regarding the
environmental critique of the loan guarantee applications.
July 16, 2010: SACE files an administrative appeal concerning the inadequacy of the July 6 partial
response. The administrative appeal challenges DOEs application of FOIA Exemption 4 to the term
sheets, and seeks their release in unredacted form.

Information related to each request is color coded as follows: March 25, 2010 request to DOE; July 19, 2010 request to DOE;
November 10, 2010 request to DOE; February 9, 2011 request to OMB; March 3, 2011 request to Department of Treasury; April
27, 2012 request to DOE; May 31, 2012 request to OMB; September 27, 2013 request to DOE; September 27, 2013 request to
OMB; February 19, 2014.

LAST UPDATED SEPTEMBER 10, 2014

July 19, 2010: SACE submits a FOIA request to DOE for the executed term sheets and definitive
agreements, as well as any other documents pertaining to the loan guarantees not covered in the
March 25, 2010 FOIA request.
July 20, 2010: DOE sends an interim response acknowledging receipt of the FOIA request.
August 9, 2010: SACE files a complaint against DOE in the U.S. District Court for the District of
Columbia, seeking to compel DOE to release the requested documents.
August 11, 2010: DOEs Office of Hearings and Appeals (OHA) issues a Decision and Order granting
SACEs July 16, 2010 administrative appeal regarding the term sheets. According to the OHA
Decision, the appeal, if granted would require [the DOE Loan Guarantee Program Office] to release
the withheld information to SACE. Notwithstanding this statement, the OHA does not order
release of the withheld information, but rather remands the matter to DOEs Loan Guarantee
Program Office for further explanation on why the information was withheld.
August 18, 2010: DOE sends a partial response to the FOIA request, but releases no documents. In
this response, DOE states that the executed term sheets were already released pursuant to the
March 25, 2010 FOIA request. The executed term sheets, however, had not been released.
September 1, 2010: DOE sends a letter to SACE purporting to withdraw the July 6, 2010
determination letter regarding the term sheets.
September 2, 2010: DOE issues a revised determination letter that is substantially similar to the July
6 initial determination. No responsive documents, redacted or otherwise, are released with this
revised determination letter.
September 10, 2010: SACE files an administrative appeal with DOEs Office of Hearings and Appeals
concerning DOEs failure to (1) release the executed term sheets, and (2) respond timely to part 3 of
the FOIA request, which requested release of loan guarantee records not otherwise covered in the
March 25, 2010 FOIA request.
September 16, 2010: The Office of Hearings and Appeals dismisses the appeal because (1) the Loan
Guarantee Program Office acknowledged that it failed to produce the executed term sheets, and (2)
the OHA claimed not to have authority to address DOEs failure to respond to a FOIA request.
September 22, 2010: DOE sends another partial response, purporting to respond to 5 of the
FOIA request regarding the use of union labor. DOE claims it did not locate any responsive records.
September 24, 2010: DOE sends another partial response, purporting to respond to 1 of the
FOIA request regarding the loan guarantee applications (releasing heavily redacted versions of the
Georgia Power Company, Municipal Electric Authority of Georgia, and Oglethorpe Power
Corporation applications), part of 2 of the FOIA request regarding correspondence (releasing
heavily redacted emails regarding the Georgia Power loan guarantee), part of 3 of the FOIA
request regarding the environmental critique of the loan guarantee applications (releasing no
documents), 4 of the FOIA request regarding the Credit Review Board (releasing no documents),
and part of 7 of the FOIA request regarding DOEs review of the loan guarantee applications

LAST UPDATED SEPTEMBER 10, 2014

(releasing no documents). DOE also sends a final response to the July 19, 2010 FOIA request,
releasing heavily redacted versions of the executed term sheets.

October 25, 2010: SACE files an administrative appeal to DOEs Office of Hearings and Appeals
concerning the correspondence records released in the September 24, 2010 partial response.
SACE also files an administrative appeal concerning the redacted term sheets released pursuant to
the July 19, 2010 FOIA request.
November 10, 2010: The Office of Hearings and Appeals dismisses the appeal as premature,
claiming that the Loan Program Office has not completed its search of correspondence records.
SACE also sends a third FOIA request to DOE requesting documents related to the credit subsidy fee.
November 19, 2010: DOE sends a letter informing SACE that it is continuing to search for Georgia
Power correspondence documents responsive to 2 of the FOIA request.
November 29, 2010: DOE sends an initial response to the November 10, 2010 FOIA request stating
that the request has been sent to the Loan Program Office and that a final response will be
forthcoming.
December 3, 2010: DOE releases new versions of the term sheets with fewer redactions; however,
DOE continues to withhold substantial portions of the term sheets from release. DOE does not
provide any explanation or justification for the redactions beyond its September 2, 2010 revised
determination letter. On the same day, the U.S. District Court for D.C. issues a scheduling order
instructing DOE to make rolling productions of documents on the 10th day of each month.
December 10, 2010: DOE sends an interim response to the November 10 request, promising that
the request will be processed in as timely a manner as possible.
January 10, 2011: DOE produces heavily redacted Credit Review Board documents.
January 14, 2011: SACE files an amended complaint in the D.C. District Court, adding a claim
regarding DOEs unlawful withholding of portions of the term sheets.
January 21, 2011: DOEs Office of Hearings and Appeals denies SACEs administrative appeal, finding
that the information within the term sheets was properly withheld. The efficacy of these redactions
is wrapped into the litigation in the D.C. District Court, and thus no further action is required for this
FOIA request.
February 1, 2011: SACE files a Motion for Partial Summary Judgment in the D.C. District Court,
asserting that the term sheets should be released in their entirety. SACE claims that (1) DOE failed
to meet the governments heavy burden of proving that the information in the term sheets falls
under a FOIA exemption, and (2) even if DOE had provided the necessary support for claiming an
exemption, the requested information does not qualify for protection under FOIA Exemption 4
because the information was not obtained from a person and release of the information would
not result in competitive harm to Georgia Power, MEAG, or Oglethorpe.

LAST UPDATED SEPTEMBER 10, 2014

February 9, 2011: SACE submits a FOIA request to the Office of Management and Budget (OMB)
for records related to the credit subsidy calculator used by DOE to determine the credit subsidy fees
to be paid by Georgia Power, MEAG, and Oglethorpe.
February 10, 2011: DOE produces heavily redacted Credit Review Board documents.
February 15, 2011: SACE submits a FOIA request to the Department of the Treasury for records
related to implementation of DOEs Loan Guarantee Program, including records related to the credit
subsidy calculator.
February 17, 2011: Department of Treasury sends a letter to SACE, requesting a better description
of the desired documents.
February 25, 2011: OMB sends an initial response to SACE acknowledging receipt of the FOIA
request.
March 1, 2011: DOE files a Cross-Motion and Opposition to SACEs Motion for Partial Summary
Judgment in the D.C. District Court, asserting that information in the term sheets was properly
withheld because (1) the terms and conditions of DOEs loan guarantee offers were obtained from
the applicants themselves, and (2) these terms and conditions constitute confidential commercial
information, the release of which would cause the applicants competitive harm. DOE also produces
a new version of the MEAG term sheet, which remains heavily redacted.
March 3, 2011: SACE sends a revised FOIA request to the Treasury, requesting all records of
correspondence between the Treasury, OMB, and DOE regarding the loan guarantees or credit
subsidy fees.
March 10, 2011: DOE produces Credit Review Board documents.
March 21, 2011: The Treasury sends a response acknowledging receipt of the FOIA request and
requesting an additional 10 days for processing.
March 22, 2011: SACE files a Response to DOEs Cross-Motion for Partial Summary Judgment and
Reply in support of SACEs Motion for Partial Summary Judgment in the D.C. District Court.
April 8, 2011: DOE produces heavily redacted Georgia Power correspondence documents.
April 21, 2011: DOE produces Office of General Counsel correspondence documents.
April 26, 2011: DOE files a Reply in Support of its Cross-Motion for Partial Summary Judgment in the
D.C. District Court.
May 10, 2011: DOE produces heavily redacted Georgia Power correspondence documents. OMB
sends a status update to SACE, promising a response to the FOIA request by May 27, 2011.
May 31, 2011: SACE sends a letter to the Treasury, again requesting a response to the March 3, 2011
FOIA request.

LAST UPDATED SEPTEMBER 10, 2014

June 3, 2011: DOE sends SACE an index of documents produced to date. OMB sends another status
update to SACE, promising a response by June 30, 2011. Treasury sends a letter to SACE
acknowledging receipt of the request for document production and stating that the Programs Office
will contact SACE directly with a response. Treasury does not contact SACE until December.
June 9, 2011: This day is DOEs court imposed deadline for producing all documents responsive to
the FOIA request. Because it has not completed its search, DOE requests a one month extension.
SACE consents, and the D.C. District Court grants the extension. Also on this day, DOE produces
heavily redacted Georgia Power correspondence documents.
July 11, 2011: This day is DOEs extended deadline for producing all documents responsive to the
FOIA request. Because it still has not completed its search, DOE requests another two month
extension. SACE consents, and the D.C. District Court grants the extension. Also on this day, DOE
produces heavily redacted Georgia Power correspondence documents.
July 12, 2011: SACE sends a letter to OMB, again requesting a response to the February 9, 2011 FOIA
request.
July 15, 2011: General Counsel for OMB contacts SACE regarding the FOIA request, and assures
SACE that documents will be produced soon. SACE agrees to narrow the FOIA request to assist in
document production.
August 10, 2011: DOE produces heavily redacted Georgia Power correspondence documents.
August 22, 2011: SACE contacts OMB via phone and again requests production of the documents.
OMB assures SACE that the documents will be produced soon. In an effort to avoid additional
litigation, SACE provides DOE with examples of recently produced Georgia Power correspondence
documents with information wrongfully withheld under FOIA Exemption 5 (the interagency
deliberation exemption). DOE agrees to review these redactions.

September 9, 2011: DOE informs SACE that it will have an assessment of SACEs November 10, 2010
FOIA request by September 20.

September 12, 2011: This day is DOEs extended deadline for producing all documents responsive
to the FOIA request. Because of a technical glitch with the document production, DOE requests a
two day extension. SACE consents.

September 14, 2011: DOE makes its final production of heavily redacted Georgia Power
correspondence documents. Some documents have not been produced because their contents are
still being reviewed by other agencies. Other documents have not been produced in legible formats.

September 20, 2011: SACE contacts OMB via phone and again requests production of the
documents. OMB assures SACE that the documents are being mailed to SACE today. DOE informs
SACE that it is still reviewing the Exemption 5 issues brought to its attention by SACE on August 22.
It is also still working to produce a few remaining documents. In an effort to avoid additional
litigation, SACE provides DOE with examples of correspondence documents with the credit subsidy

LAST UPDATED SEPTEMBER 10, 2014

fee redacted under Exemption 4 (confidential business information exemption), and asks DOE to
confirm that it stands behind the redactions. DOE agrees to review the redactions. DOE informs
SACE that it is still processing the November 10, 2010 FOIA request, but new requests from Capitol
Hill and other parties (presumably about Solyndra) have taken precedence. DOE assures SACE that
it will have a production schedule by September 26.

September 28, 2011: SACE contacts OMB via phone and again requests production of the
documents. OMB assures SACE that the documents are being mailed to SACE by the end of the
week.

September 30, 2011: OMB sends SACE a final determination letter, withholding all documents
requested.

October 3, 2011: DOE and SACE provide the D.C. District Court with a status report and briefing
schedule regarding three remaining issues: (1) the withholding of the information regarding the
credit subsidy fee under the confidential business information exemption; (2) the withholding of
other loan terms under the confidential business information exemption; and (3) the withholding of
records of correspondence with the power companies under the intra-agency deliberation
exemption.

October 4, 2011: D.C. District Court issues a scheduling order, adopting the parties briefing
schedule. The issues will be briefed in a series of filings from October 31, 2011 March 2, 2012.

October 17, 2011: SACE sends a letter to DOE, again requesting a response to the November 10,
2010 FOIA request.

October 28, 2011: SACE files an administrative appeal with OMB, challenging OMBs decision to
withhold all requested documents without adequate justification. That same day, OMB
acknowledges receipt of the appeal.

October 31, 2011: DOE and SACE agree on the withheld records for which DOE will provide
justifications in its briefing.

November 29, 2011: DOE re-releases several correspondence and application documents, removing
certain redactions. The documents, however, remain heavily redacted.

December 8, 2011: DOE releases correspondence documents with OMB, mostly concerning loan
guarantee terms and the credit subsidy fee. The documents are heavily redacted. DOE releases
several documents, in partial response to the FOIA request. Notably, DOE claims that it had
previously released the credit subsidy fee model and DOEs credit policy manual. These documents,
however, have not been released.

December 12, 2011: SACE contacts DOE, explains that the credit subsidy fee model and DOEs credit
policy manual have not been released, and again asks for the documents.

LAST UPDATED SEPTEMBER 10, 2014

December 13, 2011: DOE acknowledges that its claims in the December 8 partial response were
incorrect; it has not released the credit subsidy fee model or DOEs credit policy manual. DOE
commits to continue searching for responsive documents.

December 14, 2011: Treasury provides SACE with an update of the FOIA request, explaining that it is
continuing to search for responsive records, but releasing nothing. Treasury notes that it has
located certain responsive documents that originated with DOE those records were referred to
DOE for processing and direct response to SACE.

December 16, 2011: DOE files a Motion for Summary Judgment, claiming that all documents have
been released and asserting that all redacted information was withheld pursuant to FOIA.

January 19, 2012: DOE releases several documents regarding the ranking of loan guarantee
applicants, in partial response to the FOIA request. Most of these documents are heavily redacted.

January 20, 2012: Treasury provides SACE with an interim response, once again explaining that
responsive records have been referred to DOE.

January 27, 2012: SACE files a Cross-Motion for Summary Judgment, claiming that DOE has failed to
meet its burden in justifying the withholding of loan guarantee terms and credit subsidy fee
estimates in 133 documents and asserting that the withheld information must be released.

February 8, 2012: DOE calls SACE to discuss the documents referred by Treasury. DOE claims the
documents are all drafts of term sheets and credit review board documents previously released.
SACE explains it is interested in the drafts to determine whether the utility companies drove the
negotiation process regarding the loan guarantee terms. In an effort to assist DOE in its review,
SACE nevertheless agrees to narrow the scope of its request to just the first draft of the documents.
DOE promises to consider the request and contact SACE on February 13.

February 13, 2012: DOE requests a two-day extension to file its Response and Reply to SACEs Cross-
Motion for Summary Judgment. SACE consents.

February 15, 2012: DOE and SACE discuss the documents referred by Treasury. In an effort to assist
DOE, SACE agrees to narrow the scope of the request to include (i) only the first draft of the term
sheets, (ii) no draft Credit Review Board documents, and (iii) no duplicates. In an effort to further
assist DOE in its processing of the request, SACE offers to prioritize the documents requested.
Specifically, SACE asks if the three (3) draft term sheets could be produced first. DOE states that
prioritization would further complicate the review process, and thus DOE will continue processing
the request without prioritizing documents. DOE also concedes that it has not yet provided an
estimated date on which it will complete action on the FOIA request, as required by law. Because
time is of the essence with regard to this request, DOE promises to provide an estimated decision
date promptly.

February 17, 2012: DOE files its Response and Reply to SACEs Cross-Motion for Summary Judgment.

March 6, 2012: SACE files its Reply.

LAST UPDATED SEPTEMBER 10, 2014

March 28, 2012: The DC Circuit District Court finds in favor of SACE and orders the immediate
release of the credit subsidy fee estimates. While the Court also finds that DOE failed to adequately
justify the withholding of the other loan guarantee terms, it does not order their immediate release.
Instead the Court gives DOE a second chance to justify the redactions. DOE must provide this
justification in sixty (60) days. SACE will then have (30) days to respond.

April 3, 2012: DOE and SACE discuss production of documents containing the credit subsidy fee
estimates. DOE claims it has an extensive internal process it must complete before it can release the
information. SACE explains that the information is high valuable now; it may not be as valuable
when the loan guarantees are finalized which could occur any day.

April 27, 2012: SACE sends a FOIA request to DOE for records related to any new loan guarantee
terms and conditions imposed by DOE since issuance of the loan guarantee term sheets on February
13, 2010, including any increase in the credit subsidy fee.

May 4, 2012: Because time is of the essence with regard to this request, SACE agrees to narrow the
scope to offers made by DOE regarding new loan terms and conditions, including the credit subsidy
fee. SACE also requests pursuant to FOIA an estimated date on which the documents will be
produced.

May 7, 2012: DOE releases correspondence documents related to the credit subsidy fee. Some of
these documents are heavily redacted.

May 11, 2012: OMB and SACE discuss the status of SACEs administrative appeal, and OMB agrees
to once again review the documents requested.

May 14, 2012: DOE and SACE enter into a settlement agreement. DOE agrees to release the initial
credit subsidy fee estimates, certain correspondence regarding the credit subsidy fee, and the loan
guarantee term sheets. Attorney fees will be negotiated in a separate agreement.

May 15, 2012: DOE releases the documents, which reveal a credit subsidy fee for Georgia Power
which significantly underestimates the risk of default.

May 22, 2012: DOE states that, because of the number of other FOIA requests it has to process, it
will not be able to respond to SACEs FOIA request for 120 days. DOE refuses to work with SACE
towards a more timely response.

May 30, 2012: In light of DOEs release of the credit subsidy fee estimates, SACE agrees to drop its
administrative appeal with OMB.

May 31, 2012: SACE sends a FOIA request to OMB for records related to any increase in the credit
subsidy fee estimates since those estimates were initially approved in January of 2010.

June 1, 2012: OMB confirms receipt of the FOIA request.

June 27, 2012: OMB requests a 10 day extension to process the FOIA request, due to unusual
circumstances.

LAST UPDATED SEPTEMBER 10, 2014


July 26, 2012: DOE agrees to pay SACE $44,000.00 in attorney fees, thus concluding the DC District
Court litigation.

August 13, 2012: DOE and SACE discuss ways to narrow the scope of the FOIA request to assist DOE
in meeting its 120 day deadline. SACE explains that it is interested in the changes to the terms and
conditions of the loan guarantee agreements repeatedly referenced by Georgia Power to the press.

August 30, 2012: DOE releases correspondence documents related to the credit subsidy fee. Some
of these documents are heavily redacted.

September 18, 2012: DOE issues a partial response to the FOIA request, releasing three letters
extending the termination date of the conditional commitments until December 31, 2012.

September 21, 2012: After the expiration of DOEs self-imposed 120 day deadline, and in an effort
to avoid litigation, SACE files an administrative appeal and email demanding a complete response to
SACEs FOIA request within 20 working days.

September 25, 2012: OMB dismisses SACEs FOIA request, wrongfully assuming that the request
covered the exact same information released by DOE in response to SACEs March 25, 2010 FOIA
request.

September 26, 2012: DOE dismisses SACEs administrative appeal as premature, stating that it has
not yet completed its search for responsive documents.

October 10, 2012: SACE sends an email to OMB explaining that the dismissal was based on incorrect
assumptions, and asking OMB to reconsider. OMB does not respond.

October 24, 2012: DOE issues its final response to the FOIA request, releasing a draft loan
guarantee agreement between DOE and Georgia Power, and a heavily redacted chart that lists
outstanding issues between DOE and Georgia Power. No documents related to Oglethorpe or
MEAG are released. Moreover, DOE claims it could not locate any documents related to revised
credit subsidy fees. SACE also submits an appeal to OMB, challenging the adequacy of its search for
responsive documents.

November 15, 2012: SACE files an administrative appeal, challenging the adequacy of DOEs
document search and the efficacy of its heavy redactions.

November 27, 2012: SACE sends an email to OMB reminding the agency that its response is past
due, asking for an estimated response date, and reiterating that time is of the essence with regard
to the request.
December 14, 2012: DOE issues a final decision and order, granting in part SACEs administrative
appeal. Although the agency found that (1) numerous redactions were unfounded, and (2) the
search was inadequate, the agency did not order release of the information. Instead, DOE
remanded the matter back to the Loan Guarantee Program Office, asking the office to further justify
its redactions and to conduct an additional search of responsive documents.

LAST UPDATED SEPTEMBER 10, 2014


January 9, 2013: DOE, on behalf of the Department of Treasury, issues its final FOIA response,
releasing 503 pages of substantially redacted correspondence documents between the Department
of Treasury and DOE. OMB also issues a final response to the FOIA Request, stating that no revised
credit subsidy estimates were provided to the Plant Vogtle Project after DOE offered the conditional
commitment. In light of this response, the FOIA request is closed.

January 18, 2013: DOE releases correspondence documents related to the credit subsidy fee. Some
of these documents are heavily redacted.

February 7, 2013: SACE files a complaint in the U.S. District Court for the District of Columbia,
seeking to compel DOE to release the requested documents.

April 15, 2013: In a letter to SACE, DOEs counsel promises to release to SACE the latest drafts of
the Loan Guarantee Agreements and [Open] Issues Lists within the next few days.

April 18, 2013: DOE releases Loan Guarantee Agreements for Georgia Power, MEAG, and
Oglethorpe with limited redactions. DOE also releases heavily redacted open issues lists for Georgia
Power and Oglethorpe.

May 13, 2013: Two days before DOE is required to answer the complaint, DOE asks for a 30 day
extension. DOE needs the additional time to get the last documents released and provide an
explanation for the redactions. In an effort to resolve the litigation without unnecessarily burdening
the court, SACE consents. The Court orders an extension.

May 21, 2013: DOE provides SACE with an explanation of redactions in the Georgia Power Loan
Guarantee Agreement and open issues list.

May 24, 2013: DOE provides SACE with another open issues list for Georgia Power. DOE also
provides SACE with an explanation of redactions in the MEAG Loan Guarantee Agreement.

June 6, 2013: DOE provides SACE with an explanation of redactions in the second Georgia Power
open issues list and the Oglethorpe Loan Guarantee Agreement.

June 12, 2013: The day DOE is required to answer the complaint, DOE asks for a 14 day extension.
DOE needs the additional time to resolve the few outstanding issues regarding redactions. In an
effort to resolve the litigation without unnecessarily burdening the court, SACE consents. The Court
orders an extension.

June 28, 2013: DOE explains the remaining redactions, and DOE and SACE agree to voluntarily
dismiss the case. In a letter to SACEs counsel, DOEs counsel states: I am delighted we have
resolved this case. As I told you over the phone, I have constantly informed DOE of your flexibility
and reasonable nature throughout these proceedings; your spirit of cooperation is one reason why
we have been able to get the information you requested to you quickly and with as few redactions
as possible. Additionally, I have informed my client that, in this spirit of cooperation, you have
elected not to seek attorneys fees in this case despite your likelihood of an award. This decision
allows both SACE and DOE to avoid protracted litigation and conserve precious resources. Finally, I

LAST UPDATED SEPTEMBER 10, 2014

have advised DOE that this spirit of cooperation and flexibility should guide their decision-making in
any future interactions between SACE and DOE.

September 27, 2013: SACE sends a FOIA request to DOE for records related to any increase in the
credit subsidy fee estimates since those estimates were initially approved in January of 2010
(excluding any records already produced pursuant to a previous FOIA Request). In light of the
Solyndra default, the Fukushima Daiichi accident, the decrease in credit ratings of the applicants, the
construction delays at Plant Vogtle, and the substantial construction cost overruns among other
things such an increase is expected. The same day, SACE sends a similar request to OMB, asking
for records related to any increase in the credit subsidy fee estimates since May 31, 2012. Pursuant
to a previous FOIA Request, OMB had stated it had no records regarding the credit subsidy fee
created between January 2010 (the date the fees were initially approved) and May 31, 2012 (the
date of the FOIA Request).

October 2, 2013: DOE sends an initial response acknowledging receipt of the FOIA request and
granting SACE a waiver of search and duplication fees.

October 10, 2013: DOE and SACE discuss the FOIA request. In an effort to assist DOE in its review,
SACE agrees to narrow the scope of the request to: (1) records of communication between DOEs
credit subsidy team and the applicants, and (2) the credit subsidy fee that DOE sends to OMB for its
approval.

October 21, 2013: OMB sends an initial response acknowledging receipt of the FOIA request.

November 11, 2013: SACE files a demand for document production, reminding DOE that its
deadline for response has lapsed. In the interest of avoiding litigation, SACE requests that the
agency respond within twenty (20) business days. SACE also files a demand for document
production with OMB, reminding the agency that its deadline for response has lapsed. In the
interest of avoiding litigation, SACE requests that the agency respond within twenty (20) business
days.

December 18, 2013: DOE sends a final response, releasing heavily redacted credit subsidy summary
matrices for Georgia Power and Oglethorpe. No matrices for MEAG were released. DOE also
confirms that there are no records of communication between the Loan Program Office and the
applicants.

January 16, 2014: SACE files an administrative appeal, challenging the insufficiency of DOEs
response. That same day, DOE acknowledges receipt of the appeal, and commits to issuing a
decision on or before February 16, 2014.

February 3, 2014: DOE denies the FOIA appeal, claiming that it would not be in the public interest to
release its credit subsidy fee estimates for Georgia Power and Oglethorpe. DOE also confirms that it
has not yet prepared a credit subsidy summary matrix for MEAG.

February 18, 2014: SACE sends an email to OMB, again requesting a response to its FOIA request.

LAST UPDATED SEPTEMBER 10, 2014

February 19, 2014: The Department of Energy announces the issuance of $6.5 billion in loan
guarantees to Georgia Power and Oglethorpe. That same day, SACE files a FOIA request with DOE,
requesting (1) executed copies of the final loan guarantee agreements for Georgia Power and
Oglethorpe, and (2) the final credit subsidy fees paid by Georgia Power and Oglethorpe in
connection with the loan guarantees.
March 6, 2014: SACE files a demand for document production with DOE, reminding the agency that
its deadline for response has lapsed and that time is of the essence with regard to the request. In
the interest of avoiding agency, SACE requests that the agency respond within ten (10) business
days. DOE has not yet responded.

April 21, 2014: In an article published by E&E Wire, it was revealed that DOE assessed a zero dollar
credit subsidy for the Georgia Power and Oglethorpe loan guarantees.

August 27, 2014: OMB sends a partial response to SACE, releasing the zero dollar credit subsidy fee
letters for the Georgia Power and Oglethorpe loan guarantees.

September 10, 2014: In light of OMBs partial response, SACE agrees to narrow its FOIA request to
documents related to the MEAG credit subsidy fee.

LAST UPDATED SEPTEMBER 10, 2014

You might also like