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Judicial Watch • Signed Final Response Letter

Signed Final Response Letter

Signed Final Response Letter

Page 1: Signed Final Response Letter


Number of Pages:3

Date Created:March 30, 2012

Date Uploaded to the Library:February 20, 2014

Tags:signed, response, letter

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Washington, 20585 
Mr. John Althen 
Judicial Watch 
425 Third St., SW, Suite 800 
Washington, D.C. 20024 
Re: HQ-2012-00765-F 
Dear Mr. Althen: 

This letter the final response the request for information you sent the Department Energy (DOE) under the Freedom oflnformation Act (FOIA), U.S.C.  552. You requested the following: 
Any and all records identifying, describing, setting forth the milestones that have been missed Fisker Automotive under the terms its $528. million conditional loan from the U.S. Depmiment Energy. 
Your request was assigned the DOE's Loan Programs Office (LPO), the office most likely 
have documents responsive your request. The LPO's search located document that 
responsive your request which being withheld, part, pursuant Exemption the 
FOIA, U.S.C.  552(b)(4). are releasing the following part: Microsoft PowerPoint presentation. 

Exemption the FOIA, U.S.C.  552(b)(4); C.F.R.  1004.10 (b)(4), protects "trade secrets and commercial financial information obtained from person and privileged confidential." Information required submitted person "confidential" for purposes Exemption disclosure likely either: (1) impair the Government's ability obtain necessary information the foture; (2) cause substantial harm the competitive position 
the person from whom the information was obtained. 
P01iions deleted from the document enclosed include sensitive commercial information that maintained confidence the applicant and not available public sources. Disclosure this information would cause substantial harm the applicm1t's financial and competitive position mid negatively impact the applicant's ability manage and operate its business giving competitors, retailers, suppliers and other parties visibility into program timelines, potential volumes and future planning. For these reasons the information being withheld. the extent permitted law, the DOE, pursuant C.F.R.  1004.1, will make available records that authorized withhold under the FOIA when determines that such disclosure the public interest. The discretionary disclosure the information withheld under Exemption could constitute violation the Trade Secrets Act, U.S.C.  1905, unless its Plin1ed w;u soy ink recrcfJd papor 

release otherwise authorized law. Since there DOE regulation statutory authority currently effect that constitutes "authorization law" for the release the information falling within Section 1905, discretionary release the material exempt under Exemption 
Pursuant C.F.R.  1004.7(b)(2), responsible for the determination withhold the information the documents under Exemption the FOIA. 
Pursuant C.F.R.  1004.8, you may challenge the determination withhold information from the responsive documents submitting written appeal the Director, Office Hearings and Appeals, L'Enfant Plaza Building, U.S. Depmiment Energy, 1000 Independence Avenue, SW, Washington, 20585-1615. You must submit the appeal within thirty (30) calendar days receipt this determination. 
The written appeal, including the envelope, must clemly indicate that Freedom oflnformation Act appeal being made. The appeal must contain all the elements required C.F.R.  1004.8 the extent applicable. Judicial review will thereafter available you (1) the District Columbia, (2) the district where you reside, (3) the district where you have your principal place business, the district where the DOE records are located. 
You may obtain additional information contacting Ms. Wendy Pulliam email telephone (202) 586-4347. 


DAVID Depatiment Energy 

Electronic Enclosures 

U.S. Department Energy Loan Programs Office (LPO) 
Document Index FOIA HQ-2012-00765-F Microsoft PowerPoint presentation: Pages