Current through Register Vol. 46, No. 39, September 25, 2024
(a) A request for
inspection or copying of a public record of the authority shall be made to the
secretary of the authority in writing, and shall contain sufficient information
to identify the particular record sought, including, if possible, information
regarding the date, file designation or other information describing the record
sought. Any request shall be made either:
(1)
in person during regular business hours at the authority's office at 123 Main
Street, 15th Fl., White Plains, NY 10601; or
(2) by mailing such request, postage prepaid,
to the Secretary, Power Authority of the State of New York, at the aforesaid
address.
(b)
(1) Upon receipt of a written request for a
record reasonably described, the secretary shall promptly determine whether or
not the record requested is required to be made available under the provisions
of article 6 of the New York Public Officers Law and will, within five business
days of the receipt of such request, either:
(i) make such record available to the person
requesting it by notifying such person where and when the record may be
inspected and copied;
(ii) deny
such request in writing; or
(iii)
furnish a written acknowledgment of the receipt of such request and a statement
of the approximate date when such request will be granted or denied, including,
where appropriate, a statement that access to the record will be determined in
accordance with the procedure prescribed in section 89(5) of the New York
Public Officers Law regarding trade secrets.
(2) If access to records is neither granted
nor denied within 10 business days after the date of acknowledgment of receipt
of request, the request may be construed as a denial of access that may be
appealed.
(c) Trade
secrets.
(1) Records or portions of records
constituting trade secrets shall be so designated by the authority and shall be
filed or maintained in secure facilities of the authority to which access is
limited. Records or portions of records constituting trade secrets shall be
made available for inspection and study to the trustees, the president,
counsel, the officers and department heads of the authority and their
designees.
(2) A person acting
pursuant to law or regulation who, on or after January 1, 1982, submits any
record to the authority may, at the time of submission, request that the
authority, in accordance with the provisions of section 89(5) of the New York
Public Officers Law, designate such record or any portion thereof as a trade
secret and except such information from public disclosure under section
87(d)(2) of such law. Any such request shall identify in writing the record or
part thereof alleged to be a trade secret and state reasons why such record or
portion thereof should be excepted from public disclosure. Within 15 business
days of receipt of a written request for an exception, the authority will
either grant or deny such request in writing.
(d)
(1)
Records required to be made available for public inspection will be photocopied
by the authority if practicable and the person requesting a copy will be
charged a fee of $.25 per page for copies not exceeding 9 x 14 inches, or the
actual cost of reproducing such records if larger copies are required. If it is
not practicable for the authority to photocopy any such record, it will be
copied commercially and the person requesting the copy will be charged a fee
equal to the cost of such commercial reproduction.
(2) Upon payment of, or offer to pay, the fee
determined by the authority for copying a record required to be made available
for public inspection, the authority will provide a copy of such record and the
secretary will certify to the correctness of such copy if so requested in
writing, or, as the case may be, shall certify that the authority does not have
possession of such record or that such record cannot be found after diligent
search.
(3) Any fee charged by the
authority pursuant to this Part shall be paid by the person making the request
in cash, certified check or bank cashier's check, in advance of the delivery of
copies of any record referred to in this Part.
(e) Any person who is denied access to a
public record of the authority by the secretary of the authority may, within 30
days of such denial, file an appeal from such denial with the authority's
general counsel. Appeals pursuant to this subdivision shall be decided by the
general counsel. If an appeal is denied, the reasons therefor shall be
explained fully in writing to the person requesting the record within 10
business days of the date on which such appeal is received by the general
counsel. The general counsel will forward to the Committee on Open Government a
copy of such appeal and the determination thereon.
