Joseph Viglione v. Department of Public Utilities (SPR 20190811)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords April 26, 2019 SPR19/811 Rachel Cottle, Esq. Legal Division Department of Public Utilities One South Station Boston, MA 02110 Dear Attorney Cottle: I have received the petition of Joseph Viglione appealing the response of the Department of Public Utilities (Department) to a request for public records. G. L. c. 66, § lOA; see also 950 C.M.R. 32.08(1). Specifically, Mr. Viglione requested "a copy of Peter Pan Bus lines' application for a temporary license authorizing passenger transportation between Hyannis and Provincetown; and a copy of any order or decision the department issued on this application." In a January 29, 2019 response, the Department withheld the records under Exemption ( d) due to involvement in a pending adjudicatory matter. The Department suggested that Mr. Viglione make a request for the records in the future. As a result, Mr. Viglione petitioned the Supervisor of Records (Supervisor) and this appeal was opened. Upon notification of this appeal, you contacted the Public Records Division staff attorney reviewing this matter and copied this office on the Department's April 24, 2019 letter to Mr. Viglione that accompanied the responsive records. The Department's letter states, "[s]ince issuing its response dated January 29, 2019, the Department has rendered a decision relating to docketed matter 19RB789, concerning Peter Pan Bus Lines' application for licensing authority." The Department waived all applicable costs allowed by the Public Records Law and its Regulations in providing the records, and the Department informed this office that there are no further records responsive to Mr. Viglione's request. Accordingly, where the Department provided Mr. Viglione with the responsive records, I will consider this administrative appeal closed. 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

Rachel Cottle, Esq. SPR19/81 l Page 2 April 26, 2019 Sincerely, ~ Rebecca S. Murray Supervisor of Records cc: Joseph Viglione