Public Records Guidelines.pdf

PUBLIC RECORDS ACT GUIDELINES OF THE
IDAHO PUBLIC UTILITIES COMMISSION
TABLE OF CONTENTS
INTRODUCTION 1
000.LEGAL AUTHORITY 1
001.STATEMENT OF POLICY 1
002.WRITTEN iNTERPRETATIONS--AGENCY GUIDELiNES 1
003.ADMINISTRATIVE APPEALS 1
004.PUBLIC RECORDS ACT COMPLIANCE 1
005.DEFINITIONS 1
01.Commission 1
02.Copy 1
03.Custodian 2
04.Critical Infrastructure Information 2
05.Inspection 2
06.Investigatory Record 2
07.Person 2
08.Public Record 2
09.Trade Secrets 2
10.Writing 3
11.Confidential Records 3
KINDS OF PUBLIC RECORDS MAINTAINED--3
CUSTODIAN--LOCATION OF RECORDS--INSPECTION 3
OR EXAMINATION OF RECORDS 3
101.RECORDS OF FORMAL PROCEEDINGS 3
102.TARIFFS--PRICE LISTS--CERTIFICATES--PERMITS 3
103.STATUTORY REPORTING--REPORTS SUBMITTED PURSUANT TO ORDER OR
RULE 3
104.DECISION MEETINGS--AGENDAS FOR DECISION MEETINGS 4
105.COMPUTER PROGRAMS--COMPUTER MODELING--COMPUTER DATA 4
106.INVESTIGATORY RECORDS 4
107.PERSONNEL RECORDS 4
108.CONFIDENTIAL OR EXEMPT RECORDS 4
109.MISCELLANEOUS RECORDS 5
REQUESTS TO INSPECT,EXAMINE OR COPY 5
PUBLIC RECORDS--RESPONSES TO REQUESTS 5
201.TIMES FOR EXAMINATION 5
202.REQUESTS IMPLICATING RECORDS EXEMPT FROM DISCLOSURE 5
203.REQUESTS THAT CANNOT BE ANSWERED WITHIN THREE WORKING DAYS 5
204.VOLUMINOUS REQUESTS 6
COPYING AND COSTS 6
301.PHOTOCOPYING AND LABOR COSTS 6
302.COMPUTER DISCS 6
PUBLIC RECORDS GUIDELINES i Revised:8/26/2015
This document is not new law. It is an agency interpretation of existing
law. If you have questions about this document, please contact the
Commission Secretary at [phone].
303.ADVANCE CHARGES FOR COPYiNG .6
304.CHARGES FOR PAMPHLETS 6
305.MAILiNG,E-MAILING OR FACSIMILE TRANSMISSION (FAX)6
RELATIONSHIP TO RULES AND PRACTICES 7
401.RULES AND PRACTICES NOT AFFECTED 7
402.DISTRIBUTION OF DOCUMENTS UNAFFECTED 7
403.DISCOVERY iN FORMAL CASES NOT COVERED BY THESE GUIDELiNES 7
404.PARTIES TO FORMAL PROCEEDINGS MAY NOT USE THESE GUIDELINES 7
PUBLIC RECORDS GUIDELINES ii Revised:8/26/2015
INTRODUCTION
000.LEGAL AUTHORITY.
These guidelines are adopted pursuant to Idaho Code §74-10 1 through 74-126 (commonly known as
the Public Records Act)and in particular Idaho Code §74-119.Every request for copies of records
maintained by the Commission will be processed under these guidelines.
001.STATEMENT OF POLICY.
It is the Commission’s expectation that the overwhelming majority of requests to inspect,examine or
copy public records will be routinely and informally granted.Ordinarily,the Commission anticipates
that records made subject to inspection,examination and copying by statute may be requested orally in
person,by telephone or by e-mail and the request will be promptly granted.In addition,public records
from formal proceedings may be examined and copied from the Commission’s website:
www.puc.idaho.gov.However,when the request implicates records made exempt from disclosure by
statute or involves voluminous material (more than one hundred (100)pages total),the request for
inspection,examination and copying may be asked to be reduced to writing.
002.WRITTEN INTERPRETATIONS--AGENCY GUIDELINES.
Before July 1,2015,the Commission issued administrative rules for requests to review and copy
public records.Explanatory comments accompanying the notice of proposed rulemaking and was
published into the issues of the Idaho Administrative Bulletin.The Commission orders adopting
public records rules prior to 1993 are maintained in the files of the Secretary of the Commission.The
Commission Secretary may be contacted in writing at the Commission,P0 Box 83720,Boise,Idaho
83 720-0074,or may be reached by telephone at [phone] [[e-mail]].
003.ADMINISTRATIVE APPEALS.
There is no provision for administrative appeals within the Idaho Public Utilities Commission from a
decision that a record cannot be inspected,examined or copied.Judicial review is available under
Idaho Code §74-115.
004.PUBLIC RECORDS ACT COMPLIANCE.
Written requests to inspect,examine or copy public records are themselves public records.The
Commission’s written responses to requests to inspect,examine or copy public records are themselves
public records.
005.DEFINITIONS.
The following definitions are used in these guidelines:
01.Commission.“Commission”means the Idaho Public Utilities Commission and its staff.
02.Copy.“Copy”means transcription by handwriting,photocopy,duplicating machine or
reproduction by any other means that does not alter or damage a public record.See Idaho Code §74-
101(2).
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03.Custodian.“Custodian”means the person having personal possession and control of
public records.Ordinarily,official documents of the Commission are in the legal custody of the
Commission Secretary and in physical possession of the Secretary’s staff.In addition,certain files and
documents may be in the possession or control of the Commissioners,the public information officer,
the fiscal officer,or the heads of the Commission divisions,personnel of the division staffs,or
available on the Commission’s website:www.puc.idaho.gov.See Idaho Code §74-101(3).
04.Critical Infrastructure Information.“Critical iiifrastructure information”means those
records described in Idaho Code §74-104(1)and 74-105(4)(b)and include,without limitation,
specific engineering,vulnerability,or detailed design information about proposed or existing critical
infrastructure that:
a.Relates details about the production,generation,transportation,transmission or distribution
of energy;
b.Is exempt from public disclosure pursuant to 18 C.F.R.§388.112-.113;and
c.Does not simply indicate the general location of critical infrastructure.
05.Inspection.“Inspection”means the right to listen to,view and make notes of public
records as long as the public record is not altered or damaged.See Idaho Code §74-101(5).
06.Investigatory Record.“Investigatory record”means information with respect to an
identifiable person,group of persons or entities compiled by the Commission pursuant to its statutory
authority to investigate specific acts,omissions,failures to act,or other conduct over which the
Commission has regulatory authority or law enforcement authority.Investigatory records before the
Commission include informal complaints or inquiries concerning utilities,audits and investigations of
utilities,memoranda or similar documents recommending whether audits or investigations of utilities
should be initiated,or other information falling within the statutory definition of investigatory records.
See Idaho Code §74-101(6),(7);61-701.
07.Person.“Person”means any natural person,corporation,partnership,firm,association,
joint venture,state or local agency or any other recognized legal entity.See Idaho Code §74-101(9).
08.Public Record.“Public record”includes,but is not limited to,any writing containing
information relating to the conduct or administration of the public’s business prepared,owned,used or
retained by the Commission,regardless of physical form or characteristics.See Idaho Code §74-
101(13).
09.Trade Secrets.“Trade secrets”mean information,including a formula,pattern,
compilation,program,computer program,device,method,technique,process or research that:
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a.Derives independent economic value,actual or potential,from not being generally known to
or not being readily ascertainable by proper means by other persons who can obtain economic value
from its disclosure or use;and
b.Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.
See Idaho Code §74-107(1);48-801(5).
10.Writing.“Writing”includes,but is not limited to,handwriting,typewriting,printing,
photostating,photographing and every other means of recording,including letters,words,pictures,
sounds or symbols or a combination thereof,and all papers,maps,magnetic or paper tapes,
photographic films and prints,magnetic or punched cards,discs,drums or other documents.See Idaho
Code §74-101(16).
11.Confidential Records.“Confidential records”means those documents that contain
information exempt from public disclosure as set out in Idaho Code §§74-104 through 74-111.
KINDS OF PUBLIC RECORDS MAINTAINED--
CUSTODIAN--LOCATION OF RECORDS--INSPECTION
OR EXAMINATION OF RECORDS
101.RECORDS OF FORMAL PROCEEDINGS.
Records of formal proceedings,which are described in the Commission’s Rules of Procedure,IDAPA
3 1.01.01.000 et seq.,include all records in the Commission Secretary’s official file as detailed in the
Rules of Procedure.These records are in the custody and possession of the Commission Secretary,the
Secretary’s staff,and may be available on the Commission’s website:ww’w.puc.idaho.gov.All
records of proceedings may be inspected,examined or copied by any person under the procedures of
Idaho Code §74-102 and these guidelines,except as the Rules of Procedure recognize statutory
exemptions from disclosure of certain discoverable material,or unless exempted from disclosure under
Idaho Code §74-l04through74-1l1.
102.TARIFFS--PRICE LISTS--CERTIFICATES--PERMITS.
Proposed,current and past tariffs and/or price lists showing utilities’rates and charges for service,
service offerings,conditions for service,rules for providing service,etc.,are in the custody and
possession of the Commission Secretary and the Secretary’s staff or the clerical staff of the Utilities
Division,or may be available on the Commission’s website:www.puc.idaho.gov.Ordinarily,records
pertaining to utilities are in the document room in the Commission’s Administration Division or in the
Utilities Division,except that dated records may be in rented storage.These records may be inspected,
examined or copied by any person under the procedures of Idaho Code §74-102 and these guidelines.
103.STATUTORY REPORTING--REPORTS SUBMITTED PURSUANT TO ORDER OR
RULE.
Reports submitted under Idaho Code §61-401 through 61-406,61-517,61-531 through 61-537,61-
902,61-1003,62-611,62-1302 or other statutes,and reports submitted pursuant to order or rule are in
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the custody and possession of the Commission Secretary and the Secretary’s staff or the clerical staffs
of the Utilities Division or Fiscal section.All those reports may be inspected,examined or copied by
any person under the procedures of Idaho Code §74-102,and of these guidelines,unless exempted
from disclosure under Idaho Code §§74-104 through 74-111.
104.DECISION MEETINGS--AGENDAS FOR DECISION MEETINGS.
Minutes of the Commission’s decision meetings and agendas of its decision meetings are in the
custody and possession of the Commission Secretary in the Secretary’s office.These records may be
inspected,examined or copied under Idaho Code §74-104,except,when the Commission has declared
an executive session pursuant to Idaho Code §67-2345,minutes from the portion of the decision
meeting that involve the executive session are exempt from disclosure to the extent provided by Idaho
Code §67-2344 and 67-2345.
105.COMPUTER PROGRAMS--COMPUTER MODELING--COMPUTER DATA.
The Commission maintains substantial information on computers.Computer terminals with access to
the information are located throughout the Commission’s offices.Copyrightable computer programs or
copyrightable compilations of data purchased,leased or obtained from sources outside Idaho state
government,and other programs or data the release of which would contravene federal or state laws
protecting intellectual property are exempt from disclosure under Idaho Code §74-104.Unless
covered by the previous sentence,or unless exempted from disclosure under Idaho Code §74-104
through 74-111,computer programs and data bases used or developed by the Commission and its staff
may be inspected,examined or copied by any person under the procedures of Idaho Code §74-102 and
of these guidelines.
106.INVESTIGATORY RECORDS.V
Investigatory records of the Commissioners and individual staff members are in the custody and
possession of personal or divisional files in offices throughout the Conunission.Investigatory records
are exempt from inspection,examination or copying under Idaho Code §74-105,provided that,when
investigatory records are placed in public files like the Commission Secretary’s official file,they cease
being exempt and they may be inspected,examined or copied by any person under the procedure of
Idaho Code §74-102,and of these guidelines.Investigatory records may be examined by or disclosed
to the objects of the investigation pursuant to Idaho Code §74-124.
107.PERSONNEL RECORDS.
Personnel records for the Commission’s employees are in the custody and possession of the
Administration Division of the Commission,division heads or individual personnel.Personnel records
are exempt from disclosure under Idaho Code §74-106,except as made public by that section.
108.CONFIDENTIAL OR EXEMPT RECORDS.
Records that are exempt from public disclosure under Idaho Code §74-104 through 74-111 or
protected from public disclosure pursuant to Rule 67 of the Rules of Procedure,IDAPA 31.01.01.067
will not be available for public inspection and copying.Confidential or exempt records include,
without limitation,critical infrastructure information under Idaho Code §74-104(1),74-1 05(4)(b),
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and 18 C.F.R.§388.112 through .113;trade secrets under Idaho Code §74-107(1)and 48-801(5);
sale and purchase documents under Idaho Code §74-107(2);and documents related to the issuance of
securities under Idaho Code §74-107(5).Commission staff may refer inquiries about confidential
records to the entity or individual that created the record.
109.MISCELLANEOUS RECORDS.
If records in the custody or possession of the Commission do not fit into any of the categories of
Guidelines 101 through 108,they are considered miscellaneous records.Ordinarily,miscellaneous
records are maintained in individual’s offices or files.There will be a case-by-case determination
whether miscellaneous records are open to inspection,examination and copying under Idaho Code §
74-102,or are exempt from disclosure under Idaho Code §74-104 through 74-111,except that
materials protected from copying by federal copyright law are always exempt from copying.
REQUESTS TO INSPECT,EXAMINE OR COPY
PUBLIC RECORDS--RESPONSES TO REQUESTS
201.TIMES FOR EXAMINATION.
Public records subject to inspection,examination and copying may be reviewed in the Commission’s
offices at 472 West Washington Street from 8:00 a.m.to 5:00 p.m.,Monday through Friday,except
state holidays or nonjudicial days.The examination may be reasonably restricted to allow the
custodian of documents to retain control of the documents inspected or examined to prevent their
removal,alteration,or destruction.The Commission may provide for inspection,examination or
copying of public records outside normal business hours or outside the Commission’s offices under
appropriate circumstances.Public records maintained on the Commission’s website may also be
examined.See Idaho Code §74-102(5-9).
202.REQUESTS IMPLICATING RECORDS EXEMPT FROM DISCLOSURE.
When a person requests to examine records that may be exempt from disclosure under Idaho Code §
74-104 through 74-111,the person making the request may be asked to reduce the request to writing.
Within three (3)working days after receiving this written request,the requester will be notified in
writing whether or to what extent the request is granted or denied.If the request is denied in whole or
in part,the written notification will be signed by a Commissioner,the Commission Secretary or one of
the Secretary’s deputies,or a Deputy Attorney General assigned to the Commission,and,if not signed
by a Deputy Attorney General,shall indicate that a Deputy Attorney General assigned to the
Commission has been consulted and believes that there is a statutory basis for the denial or partial
denial of the request,listing the statutes relied upon.See Idaho Code §74-103.
203.REQUESTS THAT CANNOT BE ANSWERED WITHIN THREE WORKING DAYS.
If the Commission cannot grant or deny a person’s request to inspect,examine or copy public records
within three (3)working days from the receipt of the request because a longer time is needed to locate
or retrieve the public records or because it cannot be determined within three (3)working days whether
some or all of the request involves materials exempt from disclosure under Idaho Code §74-104
through 74-111,the requester will be notified of the delay in writing within three (3)working days of
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the request.Within ten (10)working days of the request,the request will be granted or denied in whole
or in part.
204.VOLUMINOUS REQUESTS.
Requests to copy voluminous documents (requests from the same person in one (1)day to copy
documents exceeding one hundred (100)pages total)must be in writing.
COPYING AND COSTS
301.PHOTOCOPYING AND LABOR COSTS.
The charge for copies of papers easily reproducible by photocopy machines in the Commission’s
offices is five cents ($.05)per page.Fees for copying requests totaling one hundred (100)pages or less
shall be waived.The Commission may charge for the actual labor locating,copying and separating
documents based upon the hourly rate of the Commission employee performing the work when the
actual work exceeds two (2)hours.If materials can only be reproduced by special photocopy
equipment not available in the Commission’s offices,the requester may make arrangements for
commercial photocopying of large or irregular documents at the requester’s expense,including
reasonable expense of Commission personnel to accompany documents taken from the Commission’s
office for photocopying.See Idaho Code §74-102(10).
302.COMPUTER DISCS.
The cost of providing computer discs containing copies of information on the Commission’s
computers will be two dollars ($2)per disc.If the Commission incurs labor costs in excess of two (2)
hours or employs or contracts for temporary labor to answer a request for information contained on the
Commission’s computers,the Commission may include those labor or temporary labor costs in its
charges.
303.ADVANCE CHARGES FOR COPYING.
When the Commission receives a request for copying the total charge for which will exceed twenty
dollars ($20),the Commission may request advance payment of the copying charges.
304.CHARGES FOR PAMPHLETS.
The Commission Secretary will post charges for copies of pamphlets or other material prepared for
distribution to the general public.
305.MAILING,E-MAILING OR FACSIMILE TRANSMISSION (FAX).
Neither statute nor these guidelines obligate the Commission to provide postage and envelopes for
mailing,facsimile transmission (FAX)or e-mailing for documents to be copied or scanned.Persons
requesting that documents be copied and sent to them may be responsible for providing envelopes and
postage,arrangements for overnight delivery,etc.As time permits,the Commission staff may respond
to small requests for copying of documents by mailing,FAXing or e-mailing,but in those cases the
requester will be charged for postage or telecommunications charges associated with the mailing or
FAX transmission if the charges are not de minimus.
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RELATIONSHIP TO RULES AND PRACTICES
401.RULES AND PRACTICES NOT AFFECTED.
These guidelines implementing the Public Records Act neither expand nor contract the rights of
persons or parties under other statutes,rules or practices of the Commission.
402.DISTRIBUTION OF DOCUMENTS UNAFFECTED.
The Commission’s historical distribution of documents to parties to formal proceedings,to other
governmental agencies,and to the media are neither expanded nor contracted by these guidelines.For
example,copies of orders,press releases,and staff filings that have historically been distributed
without fee or that are required to be distributed by rule or statute will continue to be distributed
without fee.
403.DISCOVERY IN FORMAL CASES NOT COVERED BY THESE GUIDELINES.
The right of parties in a formal proceeding governed by the Commission’s Rules of Procedure to
obtain information as part of that formal proceeding is governed by the Commission’s Rules of
Procedure,IDAPA 31.01.01.000.These guidelines neither expand nor contract any party’s rights
under those rules.
404.PARTIES TO FORMAL PROCEEDINGS MAY NOT USE THESE GUIDELINES.
No party to a formal proceeding may use these guidelines to supplement,augment,substitute,or
supplant discovery procedures set out in the Commission’s Rules of Procedure,IDAPA 31.01.01.000.
See Idaho Code §74-115(3).
Approved:
Paul Kjellander,resident
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