Itai Vardi v. Department of Public Utilities (SPR 20212732)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records October 25, 2021 SPR21/2732 Patrick Houghton, Esq. Records Access Officer Department of Public Utilities One South Station, 5th Floor Boston, MA 02110 Dear Attorney Houghton: I have received your petition on behalf of the Department of Public Utilities (Department) requesting an extension of time to produce records. G. L. c. 66, § 10(c); G. L. c. 66, § 10(d)(iv); see also 950 C.M.R. 32.06(4). As required by law, the Department furnished a copy of this petition to the requestor. G. L. c. 66, § 10(c). On October 6, 2021, Itai Vardi requested the following: From 7.1.2021 to 10.1.2021, any and all email communications between (to, from, CC, and BCC) Pipeline Safety Division Director Richard Enright and each of the following three email domains: @northeastgas.org...@nationalgrid.com...@eversource.com Please include all attachments, as well as the entire threads in which responsive emails may be nestled. Petitions for an Extension of Time Under the Public Records Law, upon a showing of good cause, the Supervisor of Records (Supervisor) may grant a single extension to an agency not to exceed 20 business days and a single extension to a municipality not to exceed 30 business days. In determining whether there has been a showing of good cause, the Supervisor shall consider, but shall not be limited to considering: (i) the need to search for, collect, segregate or examine records; (ii) the scope of redaction required to prevent unlawful disclosure; (iii) the capacity or the normal business hours of operation of the agency or municipality to produce the request without the extension; 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

Patrick Houghton, Esq. SPR21/2732 Page 2 October 25, 2021 (iv) efforts undertaken by the agency or municipality in fulfilling the current request and previous requests; (v) whether the request, either individually or as part of a series of requests from the same requestor, is frivolous or intended to harass or intimidate the agency or municipality; and (vi) the public interest served by expeditious disclosure. G. L. c. 66, § 10(c). Extension of Time to Produce Responsive Records In its October 18, 2021 petition, the Department states the following: The Department conducted a preliminary search and identified approximately 1,092 items. According to this assessment, the Department has determined it will require an extensive amount of time to complete the request. The responsive records may contain personal contact information (home address, telephone numbers, personnel information, etc.), agency memoranda relating to policy positions being developed, investigatory materials, and information about critical infrastructure located within the commonwealth, which are specifically exempt from disclosure pursuant to G.L. c. 4, § 7, cl. 26(c), (d), (f), and (n) respectively. Additionally, the responsive records may contain confidential communications between governmental entities and their legal counsel undertaken for the purpose of obtaining legal advice protected under the normal rules of the attorney-client privilege. Accordingly, the information must be segregated and redacted before the records are produced to the requester…the Department respectfully submits this petition for a one-time extension of time to produce a response to the requester. Conclusion I find in light of the need to collect and segregate the records, the capacity of the Department to produce the request without an extension, and the scope of redactions required, the Department has established good cause to permit an extension of time. G. L. c. 66, § 10(c)(i)-(ii). The Department is granted an extension of 20 business days. Please note the time may begin to run once the School receives payment. G. L. c. 66, § 10(c). To the extent possible, the Department must provide responsive records on a rolling basis. Please note the requestor has the right to seek judicial review of this decision by commencing a civil action in the appropriate superior court. See G. L. c. 66, § 10(d)(iv)(4), -- l0A(c).

Patrick Houghton, Esq. SPR21/2732 Page 3 October 25, 2021 Sincerely, Rebecca S. Murray Supervisor of Records cc: Itai Vardi