Toolan, III, Thomas v. Department of Public Utilities - Legal Division (SPR 20140009)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords March 31, 2014 SPR14/009 Mr. Thomas E. Toolan, III P.O. Box 1218 Shirley, MA 01464 Dear Mr. Toolan, III: I have received your letter appealing the response of the Department of Public Utilities (DPU) to your request for records. G. L. c. 66 § 1O (b ); see also 950 C.M.R. 32.08(2). In its response dated December 10, 2013 the DPU Legal Division informed you that the DPU has no records responsive to your request. DPU further explained that the Department of Telecommunications and Cable (DTC) may have records responsive to your request and provided you with DTC contact information. The duty to comply with requests for information extends only to those records that exist and are in the custody ofthe custodian of records at the time of the request. See G. L. c. 4, § 7 (26) (defining "custodian" as the public employee with routine access to or control of public records). Accordingly, whereas the DPU has no records responsive to your request, this administrative appeal is now closed. Shawn A. Williams Supervisor of Records cc: Department ofPublic Utilities OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/pre