On 4/9/2018 11:43 AM, Quintana, Katie wrote:

Mr. Albright,

I am in the process of reviewing your FOIA appeal, and I need to clarify a few things with you. As I understand your appeal, you do not object to the type or number of documents that you received, and you do not object to the search that was performed for these documents. Rather, you are objecting to the information, or lack thereof, contained in the records you requested.  In other words, you believe there should be additional information contained in those records, and you are appealing on this basis.  Have I interpreted your appeal correctly?

Thank you,

 Katie Quintana

Administrative Judge

Office of Hearings and Appeals

 HG-4/L'Enfant Plaza

U.S. Department of Energy

1000 Independence Ave, S.W.

Washington, D.C. 20585-1615

E-mail: Katie.Quintana@hq.doe.gov

Phone: (202) 287-6972

Dear Judge Quintana,

No, that is not exactly my purpose. The objection is that the actual information I'm looking for is conspicuous by its absence. There is no information on the actual discussion and actions that took place during the meeting. The rest of the information typically in a FOIA response of this type (Meeting Agenda and Minutes) is there - let me provide a few examples below:

A typical response of a Hydro Optimization Team (HOT) Meeting consists of a pre-meeting Agenda listing the proposed topics for discussion that includes old business, new business, status reports for ongoing projects, proposals for new projects and funding status and requests. The HOT chairman contacts the parties prior to the meeting to ask them what they want on the Agenda.

The FOIA response also includes post-meeting Minutes that tell what actually happened in the meeting; business old and new, projects ongoing and proposed and new funding to be distributed through the HOT. This is the information I am actually looking for - and it's the only information that is missing from this response. 

I believe they don't want to admit that HDC has failed to reproduce my successful technology because of the implication it could have in the ongoing fish-mortality lawsuit in the Portland, Oregon Federal Court. The suit is brought by Earthjustice and Save our Wild Salmon has been in process since 1998 and currently is costing the Federal Treasury $1-billion annually in fish-mortality mitigation efforts.

Let me add a bit about the HOT and where it came from. During the first and second Gulf Wars in the early 1990's USACE was tasked to construct infrastructure to support these actions. DOD's funding was not adequate to cover the full cost of the war preparations so money was drawn from all other USACE activities, leaving the USACE Dams on the Columbia River with insufficient funds to keep up with their normal maintenance so power outages became problematic.

DOE had plenty of money from power sales, but all USACE funds must come down through DOD and much of this money was being diverted to the Middle East to support the war effort. DOE stepped up to provide low-level funding transfers to USACE to keep up with Columbia River dam infrastructure maintenance and upgrades starting in 1995. For expediency, this low-level transfer mechanism lacked the same oversight as normal Cabinet-Level funding transfers, thus putting everyone on the "honor system."

The head administrator Steve Wright at BPA was fired for cause in the same time frame - but information about the exact reasons are unknown to me. Whether or not it's related to my problem is unclear. He was hired within 2 weeks at a private sector dam upriver, however, perhaps showing that, "one hand washes the other."

After the meetings, minutes are compiled from notes of what actually transpired and a few sentences are written up about each topic to add to the Agenda as Minutes - and then both are made available for public distribution. As an example, here is a typical FOIA response from a prior meeting 6-months earlier. (The Minutes are in the front and the Agenda is at the end of the document).

http://actuationtestequipment.com/USACE_Docs/2017-04-19_BPA-2017-01396-Binderof7pageswithRedactionsApplied.pdf

The only topic in this that I am interested in is the GBO* project information report from USACE's Hydro Design Center (HDC).

*The whole purpose of an "index test" is to determine the best efficiency or optimum gate to blade relationship for the control system to position the blades in relation to the gates under varying conditions of head (or water level across the dam) and power, hence the name, Gate, Blade Optimizer (GBO).

Figure 1Excerpt from HOT Minutes showing the GBO comments.

This is not a technically informative report, but they had to say something.

"-Looked at movement at system and blades." conveys no useful information.
"-Gross head PLC" is a Programmable Logic Computer (a dedicated instrumentation tool) that measures the water levels in front of and behind the dam and subtracts to find the difference, which is called "Gross Head." This is such a simple function as to be laughable that they can't get it to work correctly and that they think it is worth noting here.
"-PPEI Subagreement is a funding channel that is drying up as if the "powers that be" have become reluctant to fund this illegitimate activity anymore.
"-HDC continues to ass(ess) and improve GBO performance” is simple blather.

Here is another example from the previous Nov 9 2016 HOT Meeting:

http://actuationtestequipment.com/USACE_Docs/2017-05-03_2016-11-09_HOT_Meeting-DRAFT-SUMMARY.pdf

This first excerpt on “INDEX TESTING AT THE DALLES” is relevant because index testing is the objective of the Index Test Box and the Gate Blade Optimizer, and “T1” is just another name for index testing to optimize Kaplan turbine gate to blade relationships.

Figure 2 Excerpts from2016-09-11 HOT Meeting.

Funding is still problematic for their index testing/Gate Blade Optimizer projects, in addition to their insurmountable head sensing technical problems. The Agenda was not appended to these November 2016 bi-annual meeting minutes, so I’ve linked to it separately here:

http://actuationtestequipment.com/USACE_Docs/2017-05-03_2016-11-09_HOT_Meeting_Agenda-draft%281%29.pdf

 

Going back another 6-months to the May 2016 bi-annual meeting, the technical and financial problems are the same.

For this FOIA response, the cover letter, Agenda and Minutes were all concatenated into one document:

 

http://actuationtestequipment.com/USACE_Docs/2016-05-16_BPA_FOIA.pdf

 

Figure 3 Excerpts from 2016-05-16 HOT Meeting Minutes.

 

Funding was becoming an issue 2 years ago, but they were still able to buy a lot of expensive hardware to deploy. The question is whether or not it really works. While we’re looking at this one, I’d like to know what information was redacted at (b)(7)(F) from this FOIA response. Here is their reasoning for this redaction:

 

Figure 4 Excerpt from 2016-06-20 Redaction Appeal Denial Reasons.

 

Law Enforcement? Security purposes? Do they really think I’m going to attack their dam? I appealed this redaction and it was upheld.

 

http://actuationtestequipment.com/USACE_Docs/2016-06-20_FOIA_Appeal_Denial.pdf

 

The only thing I want to know is whether or not they’ve been able to successfully index test a turbine with their Gate Blade Optimizer. If not, I’m going to use this information to tell this story in a magazine article and to challenge HDC to a side-by-side comparison to index test a typical Kaplan turbine – winner take all.

 

DOE needs to index-test these turbines on a nationwide scale in order to maximize generated revenue, extend turbine working lifespans and minimize mortality rates of downstream migrant aquatic life at turbine-passage in Kaplan turbines everywhere, and has purchased my Index Test Box twice and gotten it rejected by USACE HDC personnel in favor of their cockamamie schemes to duplicate my successful private sector technology with their own government developed systems.

 

I believe they have not been successful with their GBO because if they had, they’d be shouting it from the rooftops and publishing about it in every hydropower magazine on the planet – instead, mum’s the word from them.

 

My belief is they’ve failed yet again to duplicate my technology that DOE has purchased twice and demonstrated thrice yet they still persist at it and now DOE higher-ups have gotten wise and refused to play-along anymore.

 

The excuse they’re using this time is that the Minutes are “inchoate,” so I can’t see them. This belies the “Transparency in Government” objective of the Freedom of Information Act.

 

Thank you for your attention to this matter.

 

Best regards,

 

Doug Albright

Actuation Test Equipment Company

 

On 4/9/2018 11:43 AM, Quintana, Katie wrote:

Mr. Albright,

 

I am in the process of reviewing your FOIA appeal, and I need to clarify a few things with you. As I understand your appeal, you do not object to the type or number of documents that you received, and you do not object to the search that was performed for these documents. Rather, you are objecting to the information, or lack thereof, contained in the records you requested.  In other words, you believe there should be additional information contained in those records, and you are appealing on this basis.  Have I interpreted your appeal correctly?

 

Thank you,

 

Katie Quintana

Administrative Judge

Office of Hearings and Appeals

 

HG-4/L'Enfant Plaza

U.S. Department of Energy

1000 Independence Ave, S.W.

Washington, D.C. 20585-1615

E-mail: Katie.Quintana@hq.doe.gov

Phone: (202) 287-6972