Itai Vardi v. Department of Public Utilities - Legal Division (SPR 20190161)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords February 8, 2019 SPR19/161 Sarah A. Smegal Legal Division Department of Public Utilities One South Station Boston, MA 02110 Dear Ms. Smegal: I have received the petition ofltai Vardi appealing the response of the Department of Public Utilities (Department) to a request for public records. G. L. c. 66, § 1O A; see also 950 C.M.R. 32.08(1). Specifically, Itai Vardi requested: "Any and all emails between (to, from and where the [Department] employee is CC'd and BCC'd) the following current and former [Department] employees - Chairperson Angela O'Connor, Kevin Penders, George Yiankos, Richard Wallace, Matthew Campbell, and Daniel Collins - and employees of the company NISource ( emails ending in "@nisource.com") including but not limited to Michael Kane and Stephen Bryant, and/or employees of the firm Considine & Furey LLP (including but not limited to Kevin Considine), from 1.1.2017 to 9 .20.2018. All such emails should include all attachments." The Department provided records in October 2018, waiving all applicable public records fees. In November the Department contacted Itai Vardi again, stating, "[a]s an update, we have rerun the e-mail searches and are reviewing the records. We want to be responsive to your questions, of course, and will provide a supplemental response." On January 2, 2019, you informed Itai Vardi that you have not received authorization from Energy and Environmental Affairs (EEA) to send the supplemental response. To date, the Department has provided no further records or a timeframe for providing such records. As a result, Itai Vardi petitioned the Supervisor of Records (Supervisor), and this appeal was opened. The Department is advised, the Public Records Law requires that a records access officer, "identify a reasonable timeframe in which the agency shall produce the public records sought ... " See G. L. c. 66, 1O (b )(vi); see also 950 C.M.R. 32.06(2)(i). One Ashburton Place, Room 1719, Boston, Massachusetts 02108 • (617) 727-2832• Fax: (617) 727-5914 sec.state.ma.us/pre• pre@sec.state.ma.us

Sarah A. Smegal SPR19/161 Page2 February 8, 2019 It is my understanding that a Public Records Division staff attorney contacted you regarding this appeal. Order Accordingly, the Department is ordered to provide Itai Vardi with the responsive records, in a manner consistent with this order, the Public Records Law and its Regulations within 10 business days. A copy of any such response that may accompany the records must be provided to this office. It is preferable to send an electronic copy of this response to this office at pre@sec.state.ma. us. Sincerely, ~~ Supervisor of Records cc: Itai V ardi Jamie Tosches, Esq.