Skip to content

Judicial Watch • JW v Federal Energy Regulatory Commission complaint 00532

JW v Federal Energy Regulatory Commission complaint 00532

JW v Federal Energy Regulatory Commission complaint 00532

Page 1: JW v Federal Energy Regulatory Commission complaint 00532

Category:

Number of Pages:4

Date Created:March 23, 2017

Date Uploaded to the Library:June 08, 2017

Tags:00532, Wellinghoff, Regulatory, Commissioners, produce, Commission, Energy, requested, complaint, responsive, defendant, filed, plaintiff, request, document, federal, records, FOIA, Washington


File Scanned for Malware

Donate now to keep these documents public!


See Generated Text   ∨

Autogenerated text from PDF

Case 1:17-cv-00532 Document Filed 03/23/17 Page THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT COLUMBIA
JUDICIAL WATCH, INC.,
425 Third Street, SW, Suite 800
Washington, 20024,
Plaintiff,
FEDERAL ENERGY REGULATORY
COMMISSION,
888 First Street,
Washington, 20426,
Defendant.
Civil Action No.
COMPLAINT
Plaintiff Judicial Watch, Inc. brings this action against Defendant Federal Energy
Regulatory Commission compel compliance with the Freedom Information Act, U.S.C.
552 FOIA grounds therefor, Plaintiff alleges follows:
JURISDICTION AND VENUE
The Court has jurisdiction over this action pursuant U.S.C. 552(a)(4)(B)
and U.S.C. 1331.
Venue proper this district pursuant U.S.C. 1391(e).
PARTIES
Plaintiff Judicial Watch, Inc. not-for-profit, educational organization that
seeks promote transparency, integrity, and accountability government and fidelity the
rule law. part its educational mission, Plaintiff regularly requests records under FOIA,
analyzes the responses and any records receives, and disseminates its findings and the records
Case 1:17-cv-00532 Document Filed 03/23/17 Page the American public inform them about what their government to. U.S. Dep
Justice Reporters Committee for Freedom the Press, 489 U.S. 749, 795 (1989). Plaintiff
incorporated under the laws the District Columbia and headquartered 425 Third Street
SW, Suite 800, Washington, 20024.
Defendant agency the United States Government and headquartered
888 First Street, NE, Washington, 20426. Defendant has possession, custody, and control
public records which Plaintiff seeks access.
STATEMENT FACTS January 13, 2017, Plaintiff submitted FOIA request the Federal Energy
Regulatory Commission, certified mail, seeking access the following:
Any and all records communications from January 2013 November 30, 2014 sent from FERC Commissioners
and/or staff members regarding, concerning relating congressional
testimony provided then-FERC Chairman Jon Wellinghoff about
the Metcalf Substation incident.
Any and all records communications sent from FERC
Commissioners and/or staff members regarding, concerning
relating the sniping attack the 2013 Metcalf Substation electrical
facility California for the period April 16, 2013 through November
30, 2014.
Any and all records communications sent from FERC
Commissioners and/or staff members regarding, concerning
relating the possible actual resignation Jon Wellinghoff
FERC Chairman from April 2014 through November 2014.
According U.S. Postal Service Records, Defendant received Plaintiff request January 23, 2017. the date this Complaint, Defendant has failed to: (i) produce the
requested records demonstrate that the requested records are lawfully exempt from
production; (ii) notify Plaintiff the scope any responsive records Defendant intends
-2-
Case 1:17-cv-00532 Document Filed 03/23/17 Page
produce withhold and the reasons for any withholdings; (iii) inform Plaintiff that may
appeal any adequately specific, adverse determination.
COUNT
(Violation FOIA, U.S.C. 552)
Plaintiff realleges paragraphs through fully stated herein.
Defendant violating FOIA failing search for and produce all records
responsive Plaintiff request demonstrate that the requested records are lawfully exempt
from production.
10.
Plaintiff being irreparably harmed reason Defendant violation FOIA,
and Plaintiff will continue irreparably harmed unless Defendant compelled comply
with FOIA.
11. trigger FOIA administrative exhaustion requirement, Defendant was
required determine whether comply with Plaintiff request within twenty (20) working
days receiving the request January 23, 2017. Accordingly, Defendant determination was
due about February 21, 2017. minimum, Defendant was required to: (i) gather and
review the requested documents; (ii) determine and communicate Plaintiff the scope any
responsive records Defendant intended produce withhold and the reasons for any
withholdings; and (iii) inform Plaintiff that may appeal any adequately specific, adverse
determination. See, e.g., Citizens for Responsibility and Ethics Washington Federal
Election Commission, 711 F.3d 180, 188-89 (D.C. Cir. 2013).
12.
Because Defendant failed determine whether comply with Plaintiff request
within the time period required FOIA, Plaintiff deemed have exhausted its administrative
appeal remedies. U.S.C. 552(a)(6)(C)(i).
-3-
Case 1:17-cv-00532 Document Filed 03/23/17 Page
WHEREFORE, Plaintiff respectfully requests that the Court: (1) order Defendant
search for any and all records responsive Plaintiff FOIA request and demonstrate that
employed search methods reasonably calculated uncover all records responsive the request;
(2) order Defendant produce, date certain, any and all non-exempt records responsive
Plaintiff FOIA request and Vaughn index any responsive records withheld under claim
exemption; (3) enjoin Defendant from continuing withhold any and all non-exempt records
responsive Plaintiff FOIA request; (4) grant Plaintiff award attorneys fees and other
litigation costs reasonably incurred this action pursuant U.S.C. 552(a)(4)(E); and (5)
grant Plaintiff such other relief the Court deems just and proper.
Dated: March 23, 2017
Respectfully submitted,
/s/David Rothstein
David Rothstein
D.C. Bar No. 450035
JUDICIAL WATCH, INC.
425 Third Street SW, Suite 800
Washington, 20024
Tel: (202) 646-5172
Email: drothstein@judicialwatch.org
Counsel for Plaintiff
-4-