the California Public Records Act. - Online Documents

1 205127245 - 1 - COM/MP6/dc3/lil PROPOSED DECISION Agenda ID #16221 (Rev. 1) Quasi-Legislative 1/11/2018 Item #42 Decision BEFORE THE Public UTILITIES COMMISSION OF THE STATE OF California Order Instituting Rulemaking to Improve Public Access to Public Records Pursuant to the California Public Records Act. Rulemaking 14-11-001 INTERVENOR COMPENSATION TO THE UTILITY REFORM NETWORK FOR SUBSTANTIAL CONTRIBUTION TO DECISIONS (D.) 16-08-024, , and Intervenor: The Utility Reform Network (TURN) For contribution to Decisions (D.) 16-08-024, , and Claimed: $48, Awarded: $48, Assigned Commissioner: Michael Picker Assigned ALJ: Rafael Lirag PART I: PROCEDURAL ISSUES A.

2 Brief description of Decision: was an interim decision that implemented an updated and clarified process for submitting potentially confidential Documents to the Commission based on the process previously adopted in , and provided guidance for the development of a process for determining whether a potentially confidential document can be disclosed. resolved applications for rehearing of submitted by certain regulated entities or their representatives by making minor modifications to that decision and otherwise denying the applications for rehearing. adopted General Order (GO) 66-D, which established updated processes for (1) regulated entities and the Public to submit information to the CPUC with a claim of confidentiality, (2) the Public to submit Public Records requests to the CPUC, (3) the Commission to determine COM/MP6/dc3/lil PROPOSED DECISION (Rev.)

3 1) - 2 - whether a claim of confidentiality is lawful, and (4) the Commission to determine whether information, including both information submitted to the Commission and information created by the Commission, shall be disclosed to the Public . B. Intervenor must satisfy intervenor compensation requirements set forth in Pub. Util. Code 1801-1812: Intervenor CPUC Verified Timely filing of notice of intent to claim compensation (NOI) ( 1804(a)): 1. Date of Prehearing Conference: 3/3/15 Verified 2. Other specified date for NOI: N/A 3. Date NOI filed: 4/2/15 Verified 4. Was the NOI timely filed? Showing of eligible customer status ( 1802(b) or eligible local government entity status ( 1802(d), ): 5.

4 Based on ALJ ruling issued in proceeding number: Verified 6. Date of ALJ ruling: 9/5/14 Verified 7. Based on another CPUC determination (specify): 8. Has the Intervenor demonstrated customer status or eligible government entity status? Yes Showing of significant financial hardship ( 1802(h) or (b)) 9. Based on ALJ ruling issued in proceeding number: Verified 10. Date of ALJ ruling: 9/5/14 Verified 11. Based on another CPUC determination (specify): 12. 12. Has the Intervenor demonstrated significant financial hardship? Yes COM/MP6/dc3/lil PROPOSED DECISION (Rev. 1) - 3 - Timely request for compensation ( 1804(c)): 13.

5 Identify Final Decision: Verified 14. Date of issuance of Final Order or Decision: 10/2/17 Verified 15. File date of compensation request: 12/1/17 Verified 16. Was the request for compensation timely? Yes PART II: SUBSTANTIAL CONTRIBUTION A. Did the Intervenor substantially contribute to the final decision (see 1802(j), 1803(a), (a) and ). Intervenor s Claimed Contribution(s) Specific References to Intervenor s Claimed Contribution(s) CPUC Discussion 1. TURN opposed utility arguments that the reference to order in PU Code requires a separate CPUC formal vote and decision before any document claimed to be confidential could be released.

6 TURN argued that a GO constitutes the required order. Consistent with TURN s analysis, includes this rationale in its rejection of the utility arguments, quoting and noting agreement with TURN s comments. TURN Reply Comments on Draft Proposal in 8/11/15 Scoping Ruling, 9/25/15, pp. 4-5; TURN Reply Comments on Proposed Decision (PD), 7/25/16, p. 5. , pp. 14, 27. Verified 2. With respect to requirements for submission of claimed confidential information, TURN advocated that submitters should be required to specify the particular parts of a document for which confidentiality is sought. Consistent with TURN s recommendation, specified that, if only certain information in a TURN Opening Comments on Draft Proposal in 8/11/15 Scoping Ruling, 9/11/15, pp.

7 4-5. , p. 18 (item 4). Verified COM/MP6/dc3/lil PROPOSED DECISION (Rev. 1) - 4 - document is confidential, only that information rather than the entire document should be designated as confidential. 3. Consistent with TURN s argument that regulated entities were exaggerating the burdens that would result from the proposed rules for requesting confidential treatment, rejected regulated entity claims regarding undue burden TURN Reply Comments on Proposed Decision (PD), 7/25/16, pp. 2-3. , p. 24. Verified 4. Quoting TURN s comments, rejected CWA s contention that Documents not marked confidential prior to the date of the decision should not be subject to release by CPUC staff.

8 TURN Reply Comments on Proposed Decision (PD), 7/25/16, p. 2. , p. 26. Verified 5. rejected rehearing applicants argument that exceeded the scope of the proceeding, based on analysis that was consistent with TURN s analysis in its response to the applications for rehearing. TURN Response to Applications for Rehearing, 10/11/16, pp. 5-6. , pp. 13-15. Verified 6. Consistent with TURN s position, rejected the rehearing applicants argument that was arbitrary and capricious in TURN Reply Comments on Draft Proposal in 8/11/15 Scoping Ruling, 9/25/15, pp. 2-4; TURN Response to Applications for Rehearing, 10/11/16, pp. 7-8. Verified COM/MP6/dc3/lil PROPOSED DECISION (Rev.)

9 1) - 5 - failing to explain how the guidelines expedite the Commission s execution of its responsibilities under the PRA. quoted extensively from TURN s comments in rejecting the rehearing applicants arguments. , pp. 23-24. 7. adopted TURN s request to clarify that Section (b) is not intended to create new categories of presumptively confidential information. TURN Opening Comments on Proposed GO 66-D, 5/10/17, pp. 1-4. , p. 27. Verified 8. adopted TURN s recommendation to provide an email alternative for submitting Public Records requests. TURN Opening Comments on Proposed GO 66-D, 5/10/17, p. 4. , p. 28. Verified 9. adopted in part TURN s recommendation to extend the period for appeals when a Public Records request is denied.

10 TURN Opening Comments on Proposed GO 66-D, 5/10/17, pp. 4-5. , p. 31. Verified 10. Consistent with TURN s advocacy, revised Rule (b) to specify the showing that a submitter must make if confidentiality is based on the 6255 balancing test. notes TURN s appropriate citation of legal authority that assertion of a TURN Reply Comments on Proposed GO 66-D, 5/17/17, p. 2; TURN Reply Comments on PD, 9/12/17, p. 2 , pp. 22, 40. Verified COM/MP6/dc3/lil PROPOSED DECISION (Rev. 1) - 6 - private economic interest is insufficient. 11. Consistent with TURN s comments, rejected proposals by certain regulated entities to allow exclusions identified in GO 66-C, including unfair business disadvantage to continue to apply.