Peter Brown v. Department of Public Utilities (SPR 20231136)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records June 6, 2023 SPR23/1136 Patrick M. Houghton, Esq. Records Access Officer Department of Public Utilities One South Station, 5th Floor Boston, MA 02110 Dear Attorney Houghton: On May 31, 2023, this office received your petition on behalf of the Department of Public Utilities (Department) seeking an extension of time to produce records. G. L. c. 66, § 10(c). As required by law, it is my understanding that the Department furnished a copy of this petition to the requestor. Id. On May 8, 2023, Attorney Peter Brown, of Brown Legal PLLC, requested 13 categories of records regarding the “2022 Mass SAP” as well as “[a]ll correspondence by, between or among DPU, MassDOT and MBTA relative to the number and identification of all grade crossings (public and/or private) between 1/1/23 and 5/8/23.” Petition 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; (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. 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. SPR23/1136 Page 2 June 6, 2023 G. L. c. 66, § 10(c). If the Supervisor determines that the request is part of a series of contemporaneous requests that are frivolous or designed to intimidate or harass, and the requests are not intended for the broad dissemination of information to the public about actual or alleged government activity, the Supervisor may grant a longer extension or relieve the agency or municipality of its obligation to provide copies of the records sought. Id. The filing of a petition does not affect the requirement that a Records Access Officer (RAO) must provide an initial response to a requestor within ten business days after receipt of a request for public records. 950 C.M.R. 36.06(4)(b). Current Petition In its May 31st petition, the Department seeks “a one-time extension of 20 business days to produce a response to the requester.” The Department states: The Department conducted a search and collected 22 items responsive to this request. The Department has determined that it will require additional time to complete the request. Because the focus of the request concerns inter-agency oversight of safety regulations, the Department must coordinate its responses to each request with its Secretariat, the Executive Office of Energy and Environmental Affairs, before sending them to the requester, which takes additional time. Conclusion I find that in light of the need to search for, collect, segregate and examine the records, and the capacity of the Department to produce the request without the extension, the Department has established good cause to permit an extension of time. See G. L. c. 66, § 10(c)(i)-(iii). I hereby grant the Department an extension of 20 business days to furnish copies of records responsive to Attorney Brown’s request. See G. L. c. 66, § 10(c). Please note, Attorney Brown 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), 10A(c). Sincerely, Manza Arthur Supervisor of Records cc: Peter Brown, Esq.