January 18, 2005
Nelson Phelps, President and Executive Director
AUSWR Board Members and General Membership
FYI.  This is a follow-up to my December 15 report concerning the  request made under the Freedom of Information Act ("FOIA") for copies of the transcripts of the SEC's interviews/depositions of about 80 persons concerning the SEC's 'investigation' into Qwest's federal securities laws violations.  The text of my follow-up letter sent today is reproduced below.  I have attached in Adobe PDF file format the January 12, 2005, response letter received from the SEC.
January 18, 2005
Clarissa Anderson, FOIA Research Specialist
FOIA Office, Stop O-5
6432 General Green Way
Alexandria, VA 22312-2413
Tele:  202-942-4335
Fax:   703-914-1149                      (Via Fax and First Class Mail)

Randall J. Fons, Central Regional Office Director
1801 California Street,  Suite 1500
Denver,  CO  80202-2656
Tele:  303-844-1000
Fax:   303-844-1068                      (Via Fax and First Class Mail)
Re:     Freedom of Information Act Request (Sent December 15, 2004)
           Transcripts of Interviews/Depositions of Qwest witnesses

Ms. Anderson and Mr. Fons:

Surely, someone did not carefully read my December 15, 2004, request submitted under the Freedom of Information Act (FOIA), as amended, 5 U.S.C. § 552.   This FOIA request concerns information about interviews/depositions the SEC has conducted of approximately 80 Qwest witnesses during the past several years.  Please let this letter serve as a FOIA request by myself and on behalf of requesters Nelson Phelps and Mary “Mimi” Hull whose addresses appear herein below.   We did not ask for the deposition transcripts of Nelson B. Phelps and Mary Hull!

Yet, someone prepared a letter for Ms. Anderson's signature which letter sent to me on or about January 12, 2005, states, “[t]his letter responds to your request dated and received in this office on December 15, 2004, for the deposition transcripts of Nelson B. Phelps and Mary Hull in connection with the Commission's investigation of Qwest.  This is ridiculous.  Please reread the letter we sent, a copy of which is attached hereto.  It is clear that Mr. Phelps and Ms. Hull are the requesters and they did not ask for transcripts of their depositions, because, obviously no such documents exists.

Accordingly, please provide the responsive records - the transcripts of the interviews/depositions taken of the almost 80 witnesses examined by the SEC.  Again, please refer to the December 15, 2004, FOIA request letter, a copy of which is attached hereto.  Ms. Anderson, a simple phone call to Mr. Fons’ office would have easily directed you and/or your office staff  to the requested materials.

Requesters Mr. Phelps and Ms. Hull remain willing and able to pay the reasonable photocopying costs for the documents responsive to the FOIA request.  Therefore, we request that you send acknowledgment of your receipt of this repeated FOIA request and advise of the estimated delivery date of the requested transcripts.  Again, we prefer that all responsive documents be sent to me in electronic format, on a CD.  Should the SEC decide not to provide the requested transcripts, please send me a Vaughn index and explanation.   Thank you.
Curtis L. Kennedy
Attachment     (Copy of December 15, 2004 FOIA Request
                           Copy of January 12, 2005 FOIA Response)