Jacob Vaillancourt v. Hull, Town of - Town Clerk (SPR 20253373)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records December 2, 2025 SPR25/3373 Jennifer Constable Town Manager Town of Hull 253 Atlantic Avenue Hull, MA 02045 Dear Ms. Constable: I have received the petition of Jacob Vaillancourt appealing the response of the Town of Hull (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On September 30, 2025, Mr. Vaillancourt requested: …the last 12 months of intertie and feeder kW/kVAR data (15-minute intervals if available) and compute power factor with: - Monthly average PF - PF during the top 5 system peak intervals - Any intervals with PF <0.95 Also please let us know whether any recent settlements include reactive power penalties or adjustments. Previous Appeal This request was the subject of a previous appeal. See SPR25/3195 Determination of the Supervisor of Records (November 6, 2025). In my November 6th determination, I found that the second part of Mr. Vaillancourt’s request constitutes a question which the Town has no duty under the Public Records Law to answer. Regarding the first part of Mr. Vaillancourt’s request, however, I found that Mr. Vaillancourt had provided specific descriptions of the records he is seeking and ordered the Town to clarify whether it possesses the responsive records. The Town responded on November 14, 2025. Unsatisfied with the Town’s response, Mr. Vaillancourt petitioned this office and this appeal, SPR25/3373, was opened as a result 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

Jennifer Constable SPR25/3373 Page 2 December 2, 2025 The Public Records Law The Public Records Law strongly favors disclosure by creating a presumption that all governmental records are public records. G. L. c. 66, § 10A(d); 950 C.M.R. 32.03(4). “Public records” is broadly defined to include all documentary materials or data, regardless of physical form or characteristics, made or received by any officer or employee of any agency or municipality of the Commonwealth, unless falling within a statutory exemption. G. L. c. 4, § 7(26). It is the burden of the records custodian to demonstrate the application of an exemption in order to withhold a requested record. G. L. c. 66, § 10(b)(iv); 950 C.M.R. 32.06(3); see also Dist. Attorney for the Norfolk Dist. v. Flatley, 419 Mass. 507, 511 (1995) (custodian has the burden of establishing the applicability of an exemption). To meet the specificity requirement a custodian must not only cite an exemption, but must also state why the exemption applies to the withheld or redacted portion of the responsive record. If there are any fees associated with a response, a written, good faith estimate must be provided. G. L. c. 66, § 10(b)(viii); see also 950 C.M.R. 32.07(2). Once fees are paid, a records custodian must provide the responsive records. The Town’s November 24th Response In its November 24, 2025 response, the Town cited G. L. c. 164, § 47D, as it operates through Exemption (a) of the Public Records Law, to withhold the responsive records. Current Appeal In his appeal petition, Mr. Vaillancourt stated, “…the Town’s invocation of the statutory exemption in this instance is both unhelpful to the public interest in transparent utility governance and inconsistent with the narrow way exemptions are to be construed under the Public Records Law.” In a telephone conversation between the Town and this office on November 24, 2025, the Town reiterated that the Hull Municipal Light Plant has determined that the requested data constitutes competitively sensitive proprietary information subject to G. L. c. 164, § 47D, specifically constituting sensitive data relating to power supply. Exemption (a) Exemption (a), known as the statutory exemption, permits the withholding of records that are: specifically or by necessary implication exempted from disclosure by statute G. L. c. 4, §7 (26)(a). 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

Jennifer Constable SPR25/3373 Page 3 December 2, 2025 A governmental entity may use the statutory exemption as a basis for withholding requested materials where the language of the exempting statute relied upon expressly or necessarily implies that the public’s right to inspect records under the Public Records Law is restricted. See Att’y Gen. v. Collector of Lynn, 377 Mass. 151, 54 (1979); Ottaway Newspapers, Inc. v. Appeals Court, 372 Mass. 539, 545-46 (1977). This exemption creates two categories of exempt records. The first category includes records that are specifically exempt from disclosure by statute. Such statutes expressly state that such a record either “shall not be a public record,” “shall be kept confidential” or “shall not be subject to the disclosure provision of the Public Records Law.” The second category under the exemption includes records deemed exempt under statute by necessary implication. Such statutes expressly limit the dissemination of particular records to a defined group of individuals or entities. A statute is not a basis for exemption if it merely lists individuals or entities to whom the records are to be provided; the statute must expressly limit access to the listed individuals or entities. G. L. c. 164, § 47D In its November 14, 2025 response, the Town cited G. L. c. 164, § 47D, which provides: A municipal lighting plant created pursuant to the provisions of this chapter or any special law shall be exempt from the public record requirements of section 10 of chapter 66 and the open meeting requirements of sections 20 and 21 of chapter 30A in those instances when necessary for protecting trade secrets, confidential, competitively sensitive or other proprietary information provided in the course of proceedings conducted pursuant to this chapter when such municipal lighting plant board determines that such disclosure will adversely affect its ability to conduct business in relation to other entities making, selling, or distributing electric power and energy pursuant to this chapter. G. L. c. 164, § 47D. Under Exemption (a), the Town stated: The Hull Municipal Light Plant has determined that the data you requested constitute trade secrets, confidential, competitively sensitive or other proprietary information that were provided in the course of proceedings conducted pursuant to G. L. c. 164, the disclosure of which would adversely affect the plant’s ability to conduct business in relation to other entities making, selling, or distributing electric power and energy pursuant to said Chapter. The Hull Municipal Light Plant is withholding the responsive records accordingly. Based upon the Department’s response, where “. . . trade secrets, confidential, competitively sensitive or other proprietary information” are restricted from disclosure in their 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

Jennifer Constable SPR25/3373 Page 4 December 2, 2025 entirety by the legislature under G. L. c. 164, § 47D, providing that “[a] municipal lighting plant . . . shall be exempt from the public record requirements of section 10 of chapter 66 . . .[,]” I find the Town has met its burden to withhold the responsive records from disclosure under Exemption (a). Conclusion Accordingly, I will now consider this administrative appeal closed. If Mr. Vaillancourt is not satisfied with the resolution of this administrative appeal, please be advised that this office shares jurisdiction with the Superior Court of the Commonwealth of Massachusetts. See G. L. c. 66, § 10A(c) (pursuing administrative appeal does not limit availability of applicable judicial remedies). Sincerely, Manza Arthur Supervisor of Records cc: Jacob Vaillancourt Alexander M. Castro, Esq. Michael Schmitt 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