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Final Response Letter 10-17-2016

On May 10, 2012, CREW sent Freedom of Information Act requests to the Commerce Department, the Office of the U.S. Trade Representative, the Department of Energy, the Department of State, and the Office of Science and Technology Policy seeking documents related to the Commerce Department’s preliminary decision to impose import duties on solar panels from China at much lower than expected levels. CREW sought expedition of the requests in light of the upcoming May 16 date on which Commerce will impose permanent anti-dumping duties on China. Critics have challenged the preliminary tariffs as not sufficiently protective of the interests of U.S. companies that manufacture solar panels. CREW also seeks to learn what role Jigar Shah and the Coalition for Affordable Solar Energy have played in the development of U.S. solar energy policy. Mr. Shah is the founder of SunEdison, the largest solar energy services provider in North America.

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0% found this document useful (0 votes)
367 views2 pages

Final Response Letter 10-17-2016

On May 10, 2012, CREW sent Freedom of Information Act requests to the Commerce Department, the Office of the U.S. Trade Representative, the Department of Energy, the Department of State, and the Office of Science and Technology Policy seeking documents related to the Commerce Department’s preliminary decision to impose import duties on solar panels from China at much lower than expected levels. CREW sought expedition of the requests in light of the upcoming May 16 date on which Commerce will impose permanent anti-dumping duties on China. Critics have challenged the preliminary tariffs as not sufficiently protective of the interests of U.S. companies that manufacture solar panels. CREW also seeks to learn what role Jigar Shah and the Coalition for Affordable Solar Energy have played in the development of U.S. solar energy policy. Mr. Shah is the founder of SunEdison, the largest solar energy services provider in North America.

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ow i ® | unmreo states DEPARTMENT OF COMMERCE 5, ES] { | iamnaton! Treas Acmneretion LOE | wosnngon.0 20290 SENT CERTIFIED MAIL—RETURN RECEIPT REQUESTED October 17, 2016 Scott A. Hodes P.O. Box 42002 Washington, DC 20015 RE: CRRIF 2012-00225/DOC-ITA-2012-000289 Dear Mr. Hodes: ‘This letter constitutes the final response to the Freedom of Information Act (FOLA) request from the Citizens for Responsibility and Ethics (CREW) dated May 10, 2012, and our meeting of May 31, 2012. On June 6, 2016, CREW amended their request and is now seeking copies of the following records: ‘+ All SunShot Initiative and Small Town Energy Program for University Park records referencing Jigar Shah and/or representatives of the Coalition for Affordable Solar Energy, SunEdison, Edison International, or Edison Southern California from January 1, 2008, to April 30, 2012, This does not include business proprietary information, ‘© All communication records between the Import Administration (IA) and parties outside of 1A regarding the Department's preliminary decisions of March 20, 2012, and May 18, 2012, that are not already on the record in the Central Records Unit (CRU). The search for communication records of IA pertains to documents authored by individuals in the Office of the Assistant Secretary, the Offices of the Deputy Assistant Secretaries, LA Office Directors, and the Office of ‘Communications, as well as communications authored by parties outside of IA and received by those individuals. Due to the time needed to review the responsive records, the International Trade Administration (ITA) is fulfilling this request in installments. On November 26, 2012, ITA released an initial installment constituting of 373 electronic pages on one compact dise. For the second installment, we provided an additional 74 electronic pages. In our final installment, we are providing to you 47 pages. Of these 47 pages being released to you today, one page contains a redaction under Exemption 6 of the FOIA. Exemption 6 (5 USC § 552(b)(6)) allows an agency to withhold a private living individual’s personal cell phone name and other information, “the disclosure of which would constitute a clearly unwarranted. invasion of privacy.” We neither perceive, nor have you enunciated, any public interest that would be served in disclosing this data that would outweigh the privacy interest of the living individuals. As a result, we have redacted one page under Exemption 6. In accordance with 15 C.ER. $§ 4.10(a) and (b), you have the right to appeal this determination within 30 calendar days from the date of this leter. The Department deems appeals arriving after normal business hhouts (8:30 a.m. to 5:00 p.m., Eastern Time, Monday through Friday) as received on the next normal business day. If the 30" calendar day for submitting an appeal falls on a Saturday, Sunday or legal public holiday, an appeal received by 5:00 p.m., Eastern Time, the next business day will be deemed timely. The appeal should include a copy of the original request, this response, and a statement of the reasons why you consider the Department made this determination in error. Please mail written appeals to: Assistant General Counsel for Litigation, Employment and Oversight USS. Department of Commerce 1401 Constitution Avenue, N.W. Room 5875 Washington, D.C, 20230 You may send an appeal via facsimile to (202) 482-2552, by e-mail to [email protected], or through FOLAontine at htips://foiaontine.tegulations.gov, if you have a FOIAonline account. Clearly mark “Freedom of Information Act Appeal” on the facsimile cover sheet, in the e-mail subject line, or on both the appeal letter and envelope. The Department does not provide an opportunity for personal appearance, oral argument, or hearing of an appeal. You may also seek FOIA mediation services offered by the National Archives and Records Administration, Office of Government Information Services. You may contact them by e-mail at [email protected], telephone at (202) 741-5770, toll free at 1-877-684-6448, facsimile at (202) 741-5769, or in writing at the following address: Office of Government Information Services National Archives and Records Administration 8601 Adelphi Road-OGIS College Park, Maryland 20740-6001 We regret the delay in the time that it has taken to close your request. If you have any questions regarding this final response, please contact me at (202) 482-7937 or at justin,[email protected]. is Bee, Jystin Guz, ‘reedom of Information Act Officer International Trade Administration, Enclosures ce: Ms, Anne L. Weismann, CREW

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