Laura S. Olton v. Westfield, City of - Gas and Electric Department (SPR 20250032)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records January 7, 2025 SPR25/0032 Robin Krok Records Administration Officer Westfield Gas & Electric Light Department 40 Turnpike Industrial Road Westfield, MA 01086-0990 Dear Ms. Krok: On January 3, 2025, this office received your petition on behalf of the Westfield Gas & Electric Light Department (Department) requesting a waiver of statutory limits to fees that may be assessed in responding to the request. 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, Laura S. Olton. G. L. c. 66, § 10(c); G. L. c. 66, § 10(d)(iv)(2). On December 13, 2024, Ms. Olton requested the following records: [1] Any and all emails, memoranda, messages, and writings of any nature by or received by any official, employee, Commissioner, or agent of Westfield Gas & Electric Department (“WG&E”) between January 2020 and December 2024 regarding the provision of electric service to the potential data center on Servistar Industrial Way in Westfield referenced in the attached Boston Globe article (J. Chesto, “A multibillion-dollar data center project is coming to Western Mass.” Boston Globe, Nov. 20, 2024)[;] [2] Any and all emails, memoranda, messages, and writings of any nature by or received by any official, employee, Commissioner, or agent of WG&E between January 1, 2020 and December 2024 regarding a special electricity contract or purchase power agreement (“PPA”) with the data center on Servistar Industrial Way[;] [3] Any and all emails, memoranda, messages, and writings of any nature by or received by any official, employee, Commissioner, or agent of WG&E between January 2020 and December 2024 with Westmass Area Development Corporation[;] 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

Robin Krok SPR25/0032 Page 2 January 7, 2025 [4] Copies of the special contract or PPA between WG&E and Servistar (or other entity to serve the data center) on Servistar Industrial Way referenced in the attached Boston Globe article[;] [5] Any and all papers, summaries, or reports to provide a cost of service analysis of WG&E produced by Utility Financial Services or other company hired by WG&E since 2021[;] [6] Any and all emails, memoranda, messages, and writings of any nature by or received by any official, employee, Commissioner, or agent of WG&E between October 21, 2022 and December 13, 2024 regarding WG&E’s E 60 rate[;] [7] Any and all documents, records, emails, letters sent to or received by any official, employee, Commissioner, or agent of WG&E regarding the E-60 customer charge or demand charge since August 2023 (when ProAmpac filed its Petition with the Department of Public Utilities)[;] [8] Any and all papers, summaries, documents, bills or records regarding customers currently receiving electric service under the E-60 rate and their monthly customer charge effective January 1, 2023 or later[;] [9] Any and all emails, memoranda, messages, and writings of any nature by or received by any official, employee, Commissioner, or agent of WG&E related to the 12.5% discount on residential customers’ December 2024 electric bills[;] [10] Any and all emails, memoranda, messages, and writings of any nature by or received by any official, employee, Commissioner, or agent of WG&E between October 21, 2022 and December 13, 2024 regarding ProAmpac or ProAmpac’s electricity rates[;] [11] Any and all emails, memoranda, messages, papers, summaries, documents and writings of any nature by or received by any official, employee, Commissioner, or agent of WG&E related to the purchase of property identified on Page 48 of the 2023 Consolidated Financial Statement (December 31, 2023 and 2022), Item 18. Subsequent Events, “On September 4, 2024, the Department acquired a property in Westfield, Massachusetts. The purchase price was approximately $3,700,000 and will be funded through cash from operations.” Petition to assess fees – Municipalities The Supervisor may approve a petition from a municipality to charge for time spent segregating or redacting or to charge in excess of $25 per hour, if the Supervisor determines that 1) the request is for a commercial purpose or 2) the fee represents an actual and good faith representation by the municipality to comply with the request. G. L. c. 66, § 10(d)(iv).

Robin Krok SPR25/0032 Page 3 January 7, 2025 In rendering such a decision, the Supervisor is required to consider the following: a) the public interest served by limiting the cost of public access to the records; b) the financial ability of the requestor to pay the additional or increased fees; and c) any other relevant extenuating circumstances. G. L. c. 66, § 10(d)(iv). The statute sets out a two-prong test for determining whether the Supervisor may approve a municipality’s petition to allow the municipality to charge for time spent segregating or redacting records or to charge in excess of $25 an hour for the provision of public records. The first prong is whether the request for records was made for a commercial purpose. G. L. c. 66, § 10(d)(iv). It is my understanding that this request was not made for a commercial purpose. The second prong of the test is whether the fee represents an actual and good faith representation by the municipality to comply with the request. The Supervisor must consider 1) if the fee is necessary such that the request could not have been prudently completed without the redaction or segregation or fee in excess of $25 per hour; 2) the amount of the fee is reasonable; and 3) the fee is not designed to limit, deter or prevent access to requested public records. Id. Petitions seeking a waiver of statutory limits to fees assessed to segregate and/or redact public records must be made within ten business days after receipt of a request for public records. 950 C.M.R. 32.06(4)(g). Fee Estimates – Municipalities A municipality may assess a reasonable fee for the production of a public record except those records that are freely available for public inspection. G. L. c. 66, § 10(d). The fees must reflect the actual cost of complying with a particular request. Id. A maximum fee of five cents ($.05) per page may be assessed for a black and white single or double-sided photocopy of a public record. G. L. c. 66, § 10(d)(i). Municipalities may not assess a fee for the first 2 (two) hours of employee time to search for, compile, segregate, redact or reproduce the record or records requested unless the municipality has 20,000 people or less. G. L. c. 66, § 10(d)(iii). Where appropriate, municipalities may include as part of the fee an hourly rate equal to or less than the hourly rate attributed to the lowest paid employee who has the necessary skill required to search for, compile, segregate, redact or reproduce a record requested, but the fee shall not be more than $25 per hour. Id. However, municipalities may charge more than $25 per hour if such rate is approved by the Supervisor of Records under a petition under G. L. c. 66, § 10(d)(iv). A fee shall not be assessed for time spent segregating or redacting records unless such segregation or redaction is required by law or approved by the Supervisor of Records under a petition under G. L. c. 66, § 10(d)(iv). See G. L. c. 66, § 10(d)(iii); 950 C.M.R. 32.06(4).

Robin Krok SPR25/0032 Page 4 January 7, 2025 Conclusion The Department submitted its petition on January 3, 2025, more than ten business days after receipt of the request. In light of the fact that the Department has not demonstrated that it submitted a timely petition, permission to charge a fee in excess of $25.00 per hour cannot be granted. G. L. c. 66, § 10(d)(iv); 950 C.M.R. 32.06(4)(g). Further, this office encourages Ms. Olton and the Department to continue to communicate to facilitate providing records more efficiently and affordably. See G. L. c. 66, § 10(b)(vii)(a) municipality or agency shall suggest a reasonable modification of the scope of the request or offer to assist the requestor to modify the scope of the request if doing so would enable the municipality or agency to produce records sought more efficiently and affordably). When preparing a fee estimate for the provision of the requested records, the Department is advised to provide a detailed explanation to the requestor indicating why the estimated amount of time is necessary. See G. L. c. 66, § 10(d)(iv) (requiring the amount of the fee must be reasonable). The Department must provide a response to Ms. Olton within five business days of receipt of this determination. See 950 C.M.R. 32.06(4)(h)(4). Sincerely, Manza Arthur Supervisor of Records cc: Laura S. Olton