Current through Register Vol. 63, No. 9, September 1, 2024
(1)
This rule governs requests for access to the Commission's public records under
the Public Records Law, ORS
192.311 through
192.478.
(2) A person may request access to the
Commission's public records through its public records request platform found
on the Commission's website. After receiving a request, the Commission will
make public records available for inspection during regular business hours
unless the records are exempt from disclosure by law.
(a) The Commission may condition the time and
manner of inspection of public records as necessary to protect the records and
to prevent interference with the regular discharge of the duties of the
Commission and its employees.
(b)
The request must be sufficiently specific to allow the Commission to readily
identify the document or other material that contains the requested
information. The Commission prefers and may require that a request for public
records be made in writing through its public records request platform
available on its website or at
https://oregonpuc.govqa.us/WEBAPP/_rs/S(jxvvr34klemgj1vst5ll1aio))/SupportHome.aspx.
(c) The request must specify the format
requested for copies and the date, if any, by which the records are needed. The
Commission may provide the information in a format different than requested or
provide the information after the requested date if it is impractical to comply
with the requests.
(3)
The Commission will charge fees reasonably calculated to recover the costs of
providing access to and providing physical copies of public records. If records
are provided through the public records request platform, there may be charges
for employee time, but there will not be charges for physical copies.
(a) Employee time: The Commission will charge
for employee time over 30 minutes spent preparing documents for inspection or
supervising the inspection. Employee time will be charged in 15-minute
increments at the following rates:
(A)
Assistant Attorney General: At cost to PUC per hour, excluding time spent
determining the application of ORS
192.311 through
192.478.
(B) Administrative Law Judge: $71 per
hour.
(C) Manager: $53 per
hour.
(D) Utility Analyst: $53 per
hour.
(E) Information Services:
$47 per hour.
(F) Law Clerk: $25
per hour.
(G) General Clerical: $26
per hour.
(b)
Photocopies: The Commission will charge $0.01 per page to recover the costs of
providing black and white photocopies and $0.05 per page to recover the costs
of providing color photocopies. Page refers to one side of a piece of paper. A
double-sided copy is two pages.
(c) Certification of true copies of public
documents must be specifically requested, and the Commission charges $10 per
document certification.
(d)
Facsimile: The Commission charges $0.75 per page for faxing records. The
Commission will not fax more than 30 pages.
(e) Electronic Media: If the request seeks
electronic reproduction of public records outside of the public records request
platform, then the Commission will provide reproduction media at the following
rates:
(A) CD or DVD: $0.75 each.
(B) USB flash drive: $5.00 each.
(f) Mailing: When sending
voluminous records, the Commission will charge the actual costs of sending the
public records.
(4) The
Commission will provide notice of the estimated time to make records available
and estimated costs of making records available for inspection or providing
copies of records. If the estimated costs exceed $25, then the Commission will
provide written notice and not act further to respond to the request until it
receives written authorization to proceed. The Commission will require that all
estimated fees and charges be paid before public records are made available for
inspection or copies provided.
(5)
If a public records request seeks the disclosure of information that has been
designated as confidential under a protective order or under the Public Records
Law, then prior to the release of the information the Commission will provide
written notice to the person asserting confidentiality and allow an opportunity
for the person to provide a written response to the request.
(a) The person asserting confidentiality must
demonstrate that the information is exempt from disclosure.
(b) If the Commission concludes that the
information designated as confidential is not protected from disclosure, then
the Commission will provide notice of the decision and delay the release of the
information to permit the person asserting confidentiality to seek a court
order to protect the records from disclosure.
(c) If the person asserting confidentiality
consents in writing to the release of the information or does not commence
court proceedings to limit disclosure within 10 days following notice of the
decision, then the Commission will remove the confidential designation from the
requested information and release the information to the requester.
(6) A person denied the right to
inspect or to receive a copy of a public record may appeal the Commission's
decision to the Attorney General under ORS
192.411.
Statutory/Other Authority: ORS
756.040,
756.060
Statutes/Other Implemented: ORS
192.311-192.478
