Staci Rubin v. Department of Public Utilities (SPR 20230181)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records February 3, 2023 SPR23/0181 Patrick M. Houghton, Esq. Counsel I Department of Public Utilities Legal Division One South Station, 5th Floor Boston, MA 02110 Dear Attorney Houghton: On January 30, 2023, this Office received your petition on behalf of the Department of Public Utilities (Department) seeking an extension of time to produce records and permission to charge for time spent segregating or redacting responsive records. G. L. c. 66, § 10(c); G. L. c. 66, § 10(d)(iv). As required by law, it is my understanding that the Department furnished a copy of this petition to the requestor. G. L. c. 66, § 10(d)(iv). On January 13, 2023, the Department received a request from Staci Rubin, Esq., of The Conservation Law Foundation, in which Attorney Rubin requested: [1] All records indicating the process that should be followed at Energy Facilities Siting Board meetings where a quorum of board members are present; [2] All records indicating whether there are rules to be followed during Energy Facilities Siting Board meetings where a quorum of board members are present; [3] All records indicating whether the Energy Facilities Siting Board members should apply Robert’s Rules of Order during a deliberation; [4] All records indicating or reflecting the preparation for board members in advance of an Energy Facilities Siting Board meeting; [5] All emails from [three named individuals] to any member of the Energy Facilities Siting Board, and all replies thereto, concerning the member responsibilities; [6] All emails from [three named individuals] to [a named individual], and all replies thereto; [7] All emails from [three named individuals] to [a named individual], and all replies thereto, with docket number EFSB 22-01 and/or “East Boston” and/or “substation” in the subject or body of the email between November 1, 2022 and January 12, 2023; 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 M. Houghton, Esq. SPR23/0181 Page 2 February 3, 2023 [8] All text messages between [three named individuals] and [an identified individual] between November 1, 2022 and January 12, 2023; and [9] All text messages between [three named individuals] and [an identified individual] between November 1, 2022 and January 12, 2023. In an email to this office dated February 2, 2023, Attorney Rubin states: Conservation Law Foundation and GreenRoots appreciate the fee estimate. Conservation Law Foundation will pay for the responsive records so long as the amount approximates the good faith estimate. We acknowledge the petition to the supervisor of records seeking permission for an extension of time to produce responsive records. We do not oppose this request for more time, though we seek the responsive records as expeditiously as possible and within the 20-day extension timeline contemplated in M.G.L. c. 66, § 10(c). I am happy to work with the records custodian to ensure that the collection, review, and production of records is as expedient as possible. Conclusion In light of the above, it is unnecessary to opine on the Department’s petition seeking an extension of time to produce records and permission to charge for time spent segregating or redacting responsive records. Sincerely, Manza Arthur Supervisor of Records cc: Staci Rubin, Esq.