Department of Energy

Office of Science Berkeley Site Office Lawrence Berkeley National Laboratory 1 Cyclotron Road, MS 90-1023 Berkeley, California 94720

AUG 2 4 2011
Ms. Anne L. Weismann Chief Counsel Citizens for Responsibility and Ethics in Washington 1400 Eye Street, N.W., Suite 450 Washington, D.C. 20005 Dear Ms. Weismann: SUBJECT: U.S. DEPARTMENT OF ENERGY (DOE) FREEDOM OF INFORMATION ACT (FOIA) REQUEST NO. #CH-2011-01482-F

I am the authorizing official responsible for making the determination required by Section 1004.5(b) of DOE regulations found at 10 CFR Part 1004, implementing the FOIA, 5 U.S.C. 552. This letter is in partial response to your subject request for records, which was transferred by the DOE Headquarters FOIA Office (HQ FOIA) to this office for the processing of records under this office's FOIA records jurisdiction. There may be additional responsive records under HQ FOIA records jurisdiction, and that office will respond to you directly regarding those records. In your original FOIA request you were seeking the following records related to the Lawrence Berkeley National Labortory' s (LBNL) decision to move its email systems to Google's Gmail and the DOE's decision to test cloud-based email and collaboration systems: 1. All records reflecting records management policies and data governance practices, and the development of these policies and practices, for both the DOE's potential and Berkeley's current cloud computing email system. All records indicating steps that both the DOE and Berkeley have taken or plan to take to address record keeping requirements in a cloud computing environment including, but not limited to, any considerations given to NARA ' s Bulletin 2010-05, Guidance on Managing Records in Cloud Computing Environments (Sept. 8, 2010) http://www.archives.gov/records-mgmt/bulletins/20 10/201 0-05 .html All records indicating the attendees, or prospective attendees, and their titles of all the DOE or Berkeley meetings held, or scheduled to be held, addressing the use and development of cloud computing systems.

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All records showing the development or instructions defining which copy of the DOE and Berkeley records will be declared as the agency's record copy in a cloud computing environment, as set forth in NARA Bulletin 2010-05 question 7, response 2. All records related to the development of instructions ofhow to determine whether federal records in a cloud environment are covered under an existing records retention schedule, as set forth in NARA Bulletin 2010-05 question 7, response 3. All records related to the development of instructions ofhow records will be captured, managed, retained, made available to authorized users, and retention periods applied for cloud computing systems as set forth in NARA Bulletin 2010-05, question 7, response 4. All records related to the development of instructions on conducting a records analysis, developing and submitting records retention schedules to NARA for unscheduled records in a cloud environment, including instructions about scheduling system documentation, metadata, and related records, as set forth in NARA Bulletin 2010-05, question 7, response 5. All records related to the development of instructions on periodically testing transfers of federal records to other environments, including agency servers, to ensure the records remain portable, as set forth in NARA Bulleting 2010-05, question 7, response 6. All records related to the development of instructions of how data will be migrated to new formats and operating systems in a cloud computing environment so that records are readable throughout their entire life cycle, as set forth in NARA Bulletin 2010-05, question 7, response 7. All portions of contracts between Google, Unisys, Tempus Nova, or Acumen Solution and the DOE and/or Berkeley that show language reflecting record management considerations for the DOE and/or Berkeley' s use ofGoogle's Gmail, including, but not limited to, language set forth in the answer to question 8 in NARA Bulletin 2010-05. All records reflecting communciations between Google, Microsoft, Unisys, Tempus Nova, or Acumen Solution and the DOE and/or Berkeley regarding record management and compliance with records management laws in a cloud computing environment. All records reflecting records management considerations for pilot cloud computing projects tested by the DOE referenced in Information Week 's April 21, 20 I 0, article Energy department Testing Cloud Email. See Hoover, supra.

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In your e-mail of July 20, 2011, you narrowed your request to include only records from January I, 2009 to the present, and you clarified that for the DOE Chicago Office component, you did not intend for our search to include all of the field national laboratories and sites, but rather, you

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intend for our search to be limited to the Lawrence Berkeley National Laboratory and DOE's Berkeley Site Office. In your July 25, 2011 , e-mail you further narrowed your request to limit our search to "those at LBNL most likely to have been involved in the activities that are the subject of the item." In your second July 25, 2011, e-mail you further narrowed Item #3 of your request to only include an LBNL search for "information about meetings between LBNL and Google regarding features, functionality, and deployment alternatives prior to the execution ofthe services contract." Finally, in your August 24 e-mail, you further narrowed your request to exclude the following documents/types of information: a. b. c. d. e. E-mails reflecting meeting scheduling. Meeting notes that do not include records management topics. Draft documents (where there is a releasable final version of the document). Passcodes and telephone numbers Lawrence Berkeley National Laboratory (LBNL) detail on paid leave for ARRA reporting purposes Photos of equipment and technical discussion of equipment to be used for cloud computing, where such discussion does not include records management considerations Project operating plans that do not include records management topics Conference agendas that do not include records management topics Technical terms for equipment and processes that do not relate to records management

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Be advised that we requested that the DOE Berkeley Site Office (BSO) and University of California (UC), operator of Lawrence Berkeley National Laboratory (LBNL) conduct searches for responsive records. This partial response represents a full release of all responsive records located during UC 's initial search conducted at LBNL. Those responsive records are enclosed in their entirety. Per your request, additional responses will be issued by this office as information becomes available. You are categorized as an "Other-Public Interest Group" requester, and as such related costs for duplication of records would normally be applicable under FOIA. However, because you have been granted a fee waiver, we are not charging fees for your subject request.

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If you have questions regarding this response, please contact DOE FOIA Officer Miriam Bartos at (630) 252-2041 or via e-mail at miriam.bartos@ch.doe.gov, or Attorney Jennifer Gilbert at (630)252-2021 or via e-mail at jennifer.gilbert@ch.doe.gov.

Manager Enclosures: As Stated