Henry French v. Department of Public Utilities (SPR 20242986)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records November 7, 2024 SPR24/2986 Amelia Gianetta, Esq. Records Access Officer Department of Public Utilities One South Station, 5th floor Boston, MA 02110 Dear Attorney Gianetta: On November 1, 2024, 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); G. L. c. 66, § 10(d)(iv); see also 950 C.M.R. 32.06(4). As required by law, it is my understanding that the Department furnished a copy of the petition to the requestor, Henry French. G. L. c. 66, § 10(c); G. L. c. 66, § 10(d)(iv)(2). On October 18, 2024, Mr. French requested “all pertinent public records (including project details, application information, interconnection status, correspondence and communications, and technical assessments) related to current active interconnection request for new electrical loads over 10 megawatts (MW).” 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 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

Amelia Gianetta SPR24/2986 Page 2 November 7, 2024 (vi) the public interest served by expeditious disclosure. 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 petition, the Department requests an extension of time of 10 business days. In support of its request the Department provides the following information: The Department conducted a preliminary search and collected approximately 622 items not including email correspondence. According to this preliminary assessment, which is not inclusive of all the records requested by the requester, the Department has determined that it will require an extensive amount of time to complete the request. Because the focus of the request concerns all documents related to the active interconnection requests this will include application reports, assessments and correspondences. All information falling within these categories may be from disclosure pursuant to G.L. c. 4, §7(26)(c) and 7(26)(n). Accordingly, the information must be segregated and redacted to secure the safety of persons and public places before the records are produced to the requester. . . . Regarding records related to the Pre-Application Report and email correspondences. The Department intends on redacting these records pursuant to G.L. c. 4, § 7(26)(c)[.] . . . Regarding records related to applications and evaluations the Department intends on redacting these records pursuant to G. L. c. 4, § 7(26)(n)[.] In light of the need to collect, segregate, and examine the records, as well as the capacity of the Department to produce the records without an extension, and efforts undertaken by the Department in fulfilling the current request, the Department has established good cause to permit an extension of time. G. L. c. 66, § 10(c)(i)-(iv). The Department is granted an extension of 10 business days.

Amelia Gianetta SPR24/2986 Page 3 November 7, 2024 Conclusion As described above, I find that the Department has established good cause for a time extension of 10 business days. Please note, Mr. French 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(c), 10(d)(iv)(4), 10A(c). Sincerely, Manza Arthur Supervisor of Records cc: Henry French