Itai Vardi v. Department of Public Utilities (SPR 20231288)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records June 26, 2023 SPR23/1288 Patrick M. Houghton, Esq. Records Access Officer Department of Public Utilities Legal Division One South Station, 5th Floor Boston, MA 02110 Dear Attorney Houghton: I have received the petition of Itai Vardi appealing the response of the Department of Public Utilities (Department) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On October 25, 2022, Mr. Vardi requested: [1] From 1.1.2022 to the date of processing of this request, any and all electronic communications (emails, texts, DMs on social media or any other messaging app used for work) to and from [an identified individual] AND which include any of all of the following 2 terms: 1) “future of gas”, 2) “20-80”. Please include all attachments as well as the entire threads in which responsive communications may be nestled within. [2] From 1.1.2022 to the date of processing of this request, any and all electronic communications (emails, texts, DMs on social media or any other messaging app used for work) to and from [an identified individual] AND which include any of all of the following 2 terms: 1) “future of gas”, 2) “20-80”. Please include all attachments as well as the entire threads in which responsive communications may be nestled within. In a letter dated December 15, 2022, the Department stated that it “has…implemented various alterations to the initial request, including the removal of filings for docket D.P.U. 20-80, standard news related emails, and certain attorney-client privileged information regarding draft documents for D.P.U. 20-80 and future of gas.” 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. SPR23/1288 Page 2 June 26, 2023 Previous Determinations This request was the subject of previous determinations. See SPR22/2545 Determination of the Supervisor of Records (November 16, 2022) and SPR22/2876 Determination of the Supervisor of Records (December 21, 2022). In my November 16th determination of the Department’s time and fee petition, I found it unnecessary to opine on the Department’s petition in light of the Department and Mr. Vardi communicating to provide the records more efficiently and affordably. In my December 21st determination of the Department’s time and fee petition, I permitted an extension of 20 business days to furnish copies of records responsive to Mr. Vardi’s request. Additionally, I permitted the Department to charge for time spent segregating and redacting the requested records. On January 12, 2023, January 25, 2023, February 8, 2023, February 24, 2023, and March 14, 2023, the Department provided responses. Unsatisfied with the responses, Mr. Vardi petitioned this office and this appeal, SPR23/1288, was opened as a result. Subsequently, I learned that the Department intends to provide a further response to Mr. Vardi. Accordingly, the Department is ordered to provide Mr. Vardi with said response, provided in a manner consistent with this order, the Public Records Law, and its Regulations within ten (10) business days. A copy of any such response 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. Mr. Vardi may appeal the substantive nature of the Department’s response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Itai Vardi