Department of Energy Washington, DC 20585 Austin Evers American Oversight 1030 15th Street N.W., Suite B255 Washington, D.C. 20005 NOVl B2019 Via email: foia@americanoversight.org Re: HQ-2019-01275-F Dear Mr. Evers: This is the final response to the request for information that you sent to the Department of Energy (DOE) under the Freedom of Information Act (FOIA), 5 U.S.C. § 552. You requested: 1) Any conflicts or ethics waivers or authorizations, including authorizations pursuant to 5 C.F.R. § 2635.502, for Secretary Perry issued since January 10, 2017. 2) Records reflecting any recusal determination made or issued for Secretary Perry issued since January 10,2017. Your request was assigned to DOE's Office of the General Counsel (GC) to conduct a search of its files for responsive documents. GC started its search on August 23, 2019, which is the cut-off date for responsive documents. GC has completed its search and has identified one (1) document responsive to your request. This document is being released to you in its entirety, as described in the accompanying index. The adequacy of the search may be appealed within 90 calendar days from your receipt of this letter pursuant to IO C.F.R. § 1004.8. Appeals should be addressed to Director, Office of Hearings and Appeals, HG-1, L'Enfant Plaza, U.S. Department of Energy, 1000 Independence Avenue, S.W., Washington, D.C. 20585-1615. The written appeal, including the envelope, must clearly indicate that a FOIA appeal is being made. You may also submit your appeal by e-mail to OHA.filings@hq.doe.gov, including the phrase "Freedom oflnformation Appeal" in the subject line (this is the method preferred by the Office of Hearings and Appeals). The appeal must contain all the elements required by 10 C.F.R. § 1004.8, including a copy of the determination letter. Thereafter, judicial review will be available to you in the Federal District Court either (1) in the district where you reside, (2) where you have your principal place of business, (3) where DOE's records are situated, or (4) in the District of Columbia. You may contact DOE's FOIA Public Liaison, Alexander Morris, FOIA Officer, Office of Public Information, at 202-586-5955, or by mail at MA-46/Forrestal Building, 1000 Independence Avenue, S.W., Washington, D.C. 20585, for any further assistance and to discuss any aspect of your request. Additionally, you may contact the Office of Government Information Services (OGIS) at the National Archives and Records Administration to inquire about the FOIA mediation services they offer. The contact information for OGIS is as follows: Office of Government Information Services, National Archives and Records Administration, 8601 Adelphi Road-OGIS, College Park, Maryland 20740-6001, e-mail at ogis@nara.gov; telephone at 202-741-5770; toll free at 1-877-684-6448; or facsimile at 202-741-5769. The FOIA provides for the assessment of fees for the processing of requests. See 5 U.S.C. § 552(a)(4)(A)(i); see also 10 C.F.R. § 1004.9(a). In our August 23, 2019, letter, you were informed that your request was placed in the "other" category for fee purposes. Requesters in this category are entitled to two (2) free hours of search time and are provided 100 pages at no cost. DOE's processing costs did not exceed $15.00, the minimum amount at which DOE assesses fees. Thus, no fees will be charged for processing your request. If you have any questions about the processing of the request or this letter, you may contact me or Mr. Andrew Ferencevych ofmy office at: MA-46/Forrestal Building 1000 Independence Avenue, S.W. Washington, D.C. 20585 (202) 586-6097 I appreciate the opportunity to assist you with this matter. Sincerely, A~~ FOIA Officer Office of Public Information INDEX Request#: HQ-2019-01275-F Final response to request from Mr. Austin Evers for: 1) Any conflicts or ethics waivers or authorizations, including authorizations pursuant to 5 C.F.R. § 2635.502, for Secretary Perry issued since January 10, 2017. 2) Records reflecting any recusal determination made or issued for Secretary Perry issued since January 10, 2017. DOE's Office of the General Counsel (GC) has completed its search and has located one (1) document responsive to your request. • One (1) document is being released in its entirety. Docum RECUSALSTATEMENT THE SECRETARY 1. In accordancewith the United States Senate Con:unitteeon Energy and Natural Resources ReousalPolicy dated February 16, 2011, and 18 U.S.C. § 208(a), I will not patiicipate · personallyand substantiallyin m1ypatiic.t!armatterin whichI know that I have a financialinterest directlyand predictablyaffectedby the matte,·,or in which I knowthat a perso11 whose interests are imputedto me has a financialinterest directly and predictably affected.bytho matter, unless I first obtain a writtenwaiver,pursuant to 18 U,S,C, § 208(b)(l), or qualify for a 1·cgulatoryexemption,pmsuantto 18 U.S,C. § 208(b)(2).I understandthat the int¢testsof the followingpersonsa1·eJmpntedto me: anyspouseor minorchildof mine; anygenet'alparlner o:fa partnershipin wllicnI am a limited01· generalpartner; any organlz~tlonin whioh1serve as office,~director,trustee, general paLtneror employee;and anyperson or 01·gm1ization with whiohI am negotiatingor have an atiangement concetnlngprospectiveemployment. 2. I have a "covered relationship"with CelltexTherapeutics,MCNAinsurance, I resigned fi'ommy positions with CelltexThernpe11tics and MCNAInsurance effective December 31, 2016,For a period of one year after my resignationfromthese entities, I will not participatepersonally and substantiallyin any P?rtioularmatter involving specl:ficparties in whichI know that entityls a patty or representsa party, unless I am fast auth01izedto pru.1idpate,pursuant to 5 C,F,R.§ 2635.502(d). 3. Ihave a "coyercd relationship"with Energ)'TransforPaitners,L,P, ("ETP"), I resigned from my position with ETP effectiYeDecember31, 2016,Ireceivcd an "e)(traordinaq payment"from ETP on Janllary9, 2017, I have diyestedmy interests in ETP, I will not pat1icipatepersonally and substa11tially in any particularmatter involving specificparties 111 which1JmowETP is a party or representsa party for a period of two years from the dateon whlch my restcictedstock vested, unlessI fust receivea Wl'ittenwaiver pursuant to 5 C.F.R.§ 2635.503(0). 4. I have a "covered relationship"with Sunoco LogisticsPattners L.P. ("SLP"), r resigned fi'ommyposition with SLP dfoctlve December31, 2016.I received an."ex.traordinaiy payment"from SLP on Jmmary11, 2017, I have divestedmy foterestsin SLP. I'willnot pa1tiolpat1> personally a11dsubstantiallyin anypal'ticularmatterinvolving specificpaities in whichI know SLP ls apart)>orrepresents a party for a period of two yearn fromthe date 011whichmy resl\'lctedstoclcvested,unlessI firstreoeive a written waiverpurstiant to 5 C.F.R. § 2635.503(0). . DOE-19-1028-A-000001 t1 5. I resiglledfrom my positionwith GreyRockEnergyPartnerseffectiveDecember31, 2016.My son co-foundedthis companyand servesas its ManagingDirector.For at least afte1·my resignationand for so lo!lgas my son CO!ltinues to wodingspecificpat1iesthat ls directlyand s11bstantially related to these entities,Jncludingreg11lations and contracts, unlessI obtain a waiver of the Ethics Pledge, I i DOE-19-1028-A-000002 9, 1have directedDai1Wilmotto l'OUte all mattersl'eferredto above fromwhichI am recnsedto the appropriateDepartmentalp<,1:som1el. '---3/1(ArtamesRlchardPerry / Secretary / 2.o 17 Date I I I DOE-19-1028-A-000003