Case 1:10-cv-01335-RCL Document 42

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ________________________________________ ) SOUTHERN ALLIANCE FOR CLEAN ) ENERGY, ) ) Plaintiff, ) ) v. ) Civil Action No. 10-1335 (RCL) ) UNITED STATES DEPARTMENT ) OF ENERGY, ) ) Defendant. ) ________________________________________ ) ORDER For the reasons stated in the accompanying Memorandum Opinion filed this date, it is hereby ORDERED that plaintiffs Motion [11] for Partial Summary Judgment is DENIED IN PART AND DENIED WITHOUT PREJUDICE IN PART. Specifically, plaintiffs Motion is DENIED regarding defendants withholding under Exemption 4 of the eleven items listed below. Plaintiffs Motion is otherwise DENIED WITHOUT PREJUDICE, pending defendants revision of its Vaughn indices; and it is further ORDERED that defendants Cross-Motion [12] for Partial Summary Judgment is GRANTED IN PART AND DENIED WITHOUT PREJUDICE IN PART. Specifically,

defendants Cross-Motion is GRANTED regarding the issue of whether defendant conducted a good faith search for responsive records. Defendants Cross-Motion is also GRANTED

regarding its withholding under Exemption 4 of the following eleven items, listed on page 12 of the Courts Memorandum Opinion:

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GPC Term Sheet Redactions 1. Schedule I - GPC Base Project Costs. Pulliam Decl. [12-2] Ex. D at 100. 1 2. Schedule II - Eligible Base Project Costs. Id. at 101. 3. Schedule III - Repayment Schedule. Id. at 10203. OPC Term Sheet Redactions 1. OPC Base Project Costs estimate. Pulliam Decl. [12-2] Ex. E at 112. 2. Schedule I - OPC Base Project Costs. Id. at 141. 3. Schedule II - OPC Eligible Base Project Costs. Id. at 141. 4. Schedule III - Repayment Schedule. Id. at 14243. MEAG Term Sheet Redactions 1. MEAG Base Project Costs allocations for special-purpose vehicles. Pulliam Decl. [12-2] Ex. C at 25. 2. Schedule 1 - MEAG Base Project Costs. Id. at 60. 3. Schedule 2 - Eligible Project Costs. Id. at 61. 4. Application of Proceeds of Guarantee Loans. Id. at 63. Defendants Cross-Motion is otherwise DENIED WITHOUT PREJUDICE, pending revision to its Vaughn indices as prescribed in the Memorandum Opinion and ordered below; and it is further ORDERED that defendants Motion [29] for Summary Judgment is GRANTED IN PART, DENIED IN PART, AND DENIED WITHOUT PREJUDICE IN PART. Specifically, defendants Motion is GRANTED regarding its withholdings under Exemption 6, which include the e-mail addresses and phone numbers redacted from the following items: CR103104, NW124127, NW308310, NW707708, NW784785, NW802804, KC240243, DF4041, SR137, SR16567, SR189191, KC88, NW17, NW41, NW5056, NW176, NW356358,
1

The page number indicated here (and for the other ten items on this list) is the page number of the entire document filed on ECF, docket number 12-2.

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NW412413, NW523, NW568571, NW605, NW650651, NW723726, NW725, KC153154, JS1 58, JS1 7, KyC9699, KyC204, TH18, TH39, MP1415, MP30, SR256, KS10, KS25, KS27, VT75, VT111, VT118, VT124, Consultation Package 104107, Consultation Package 108, and SR67. Defendants Motion is also GRANTED regarding the following withholdings under Exemption 5: (1) NW124127, NW277279, NW302303, NW562564, NW606609, NW709, NW784785, NW922923, SR134, NW605, SR78, KyC49, KyC1518, KyC20 24, KyC2631, KyC3346, KyC116144, and KyC171180. (2) NW288291, NW750, DF79, SR228, KC394, KyC9699, MP30, SR41, KC416, KyC5354, KyC100115, SR200, Attachments to NW732737, and Attachments to NW693. (3) Attachments to JS18, Attachments to NW592, Attachments to SR295, Attachments to KyC100, NW17, NW5056, NW78, NW412413, KyC204, VT72, VT124, Consultation Package 104107, Attachments to NW17, and Attachments to NW19. To the extent that any information is these items was redacted solely under Exemption 4, however, defendants Motion is DENIED WITHOUT PREJUDICE. Defendants Motion is DENIED regarding its withholding, under Exemption 4, of the items designated Attachments to SR2 and CR78, and is ordered to disclose these materials to plaintiff. Defendants Motion is DENIED WITHOUT PREJUDICE regarding all other withholdings under Exemption 4, pending revision of its Vaughn index, and is DENIED WITHOUT PREJUDICE regarding the following items withheld under Exemption 5, pending revision of its Vaughn index: NW308310, KC160 161, KC240243, SR137, SR165167, SR205206, KyC205, Attachment to KyC20, Attachments to KyC23, Attachments to KyC59, Attachments to KyC86, Attachments to

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KyC113, Attachments to KyC129, Attachments to KyC144, Attachments to KyC157, Attachments to KyC174, Attachments to KyC176, Attachments to KyC205, KC88, Attachments to JS120, NW41, NW57, NW356358, NW523, NW568571, NW650651, NW723726, NW725, KC6572, KC153154, JS1 58, JS1 7, JA1 1011, TH18, TH39, MP1415, SR170 171, SR256, KS10, KS25, VT106107, VT111, VT118, Consultation Package 108, Attachments to NW567568, Attachments (4) and (5) to NW701, Attachments to NW888, DF4447, MM53, JS1 4952, TO1, KyC160161, SR4344, and SR67; and it is further ORDERED that plaintiffs Cross-Motion [33] for Summary Judgment is GRANTED IN PART, DENIED IN PART, AND DENIED WITHOUT PREJUDICE IN PART. Specifically, plaintiffs Cross-Motion is GRANTED as to defendants withholding of the items designated Attachments to SR2 and CR78 under Exemption 4. Plaintiffs Cross-Motion is DENIED as to the items listed above, withheld pursuant to Exemption 5, for which summary judgment was granted to defendant, except to the extent that information in those items was redacted solely pursuant to Exemption 4. Plaintiffs Cross-Motion is otherwise DENIED WITHOUT

PREJUDICE, pending defendants revision of its Vaughn index; and it is further ORDERED that defendant shall revise its Vaughn indices to remedy the deficiencies identified by the Court in the accompanying Memorandum Opinion, and shall file these revised indices (alongside any other revised materials, including declarations, that would likewise remedy the identified deficiencies) in support of a renewed motion for summary judgment concerning all outstanding issues. Defendants renewed motion for summary judgment shall be filed within sixty (60) days of the date of this Order. Plaintiffs renewed motion for summary judgment shall also concern all outstanding issues, and shall be filed within thirty (30) days following defendants filing of its renewed motion.

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SO ORDERED. Signed by Royce C. Lamberth, Chief Judge, on March 28, 2012.