Sent Via Federal Express: 8546 1323 6818 

January 18, 2006 

Robert Span, Esg. 

Paul, Hastings, Janofsky, & Walker LLP 

515 South Flower Street- 251

h Floor 

Los Angeles, CA 90071-2228 

Dear Bob: 

~ P®M AtmlllllfllilV OF NY & NJ 

Dorrell Buchbinder, General Counsel 

Carlene! V. Mcfntyte, Chief, Opinions and Appeals Division 

RECEIVED 

JAN 19 2005 

PAUL HASTINGS 

I am in receipt of your latest letter dated January 11, 2006, regarding Continental's request for 

infonnation relating to the rates and charges at Newark Liberty International Airport ("EWR"). 

I regret that you find the Port Authority's position on your request to be disappointing. While 

your November 11, 2005 letter Iefened to the Port Authority's obligations under "contract law" 

and "federal law", your most recent January 11th conespondence cites the Port Authority's 

Freedom of Information Policy. Accordingly, tlris is to inforn1 you that I am referring your 

January 111

h letter and, as background, your prior correspondence on which that most recent letter 

is based, to the Port Authority's Freedom of Information Administrator for processing under the 

Port Authority's Freedom of Infom1ation Policy (copy attached). The FOI Administrator, Ms. 

Kathleen Bincoletto, will contact yon with regard to your requests. 

If you should find that you need more information after you receive records of the Port Authority 

available to you under the FOI Policy, we will work with you to insure that you have the 

information you need within the constraints we outlined. Accordingly, I will wait to hear from 

you after you review the records that are available to you under the Pmt Authority's Freedom of 

Information policy. 

Sincerely, 

Carlene V. Mcintyre 

Chief 

Opinions & Appeals Division 

Law Department 

Attachment 

cc: K. Bincoletto 

EXHIBIT XX 

225 Park Avenue South 13th Floor 

New York, NY 10003 

T: 212·435·3503 
(Operations - S/13/92) (19) 

Freedom of Information - Port Authority Policy and Procedure 

':' 

In 1977, the Commillce adopted a policy for access by the public to 

records maintained by the Pori Authority. While based on the policy theretofore 

declared by the States of New York and New Jersey, with respect to access by the 

public to public records, inasmucl1 as the respective New York and New Jersey statutes 

differed (and continue to differ) as to certain policy particulars and provide for 

different procedures for implementation of the policy, it was. deemed desirable for 

the Committee to adopt a separate Port Authority Policy and Procedure. In light of 

ac(ion now being taken by the Board with respect to open public meetings, it is 

appropriate at t11is time to restate the basic principles and reflect necessary 

procedural changes. 

Purslw..rH to 

adopted with Commissioners 

favor; none against: 

the foregoing report, the following resolution was 

Burgos, Hellmuth, Henderson and Kaltenbacher voting in 

RESOLVED, that government, including the activities and 

decisions of The Port Authority of New York and New Jersey (and its 

wholly-owned subsidiary corporations) is tile public's business and 

therefore the public should have access to the records of the Port 

Authority (and 'its subsidiaries) as herein provided for; and it is 

further 

RESOLVED, that the resolution of the Committee on Operations 

adopted on September :28, 1977, regarding Freedom of Information 

(which resolution appears at pages 12 ~ ~· of the Committee 

Minutes for that date) shall be, and it hereby is, rescinded; and it 

is further 

RESOLVED, that all records of 

subsidiades), including records stored 

computer tapes or disks, .., shall be 

inspection and copying, except that such 

records or ponions thereof which: 

the Port Authority (and its 

electronically such as on 

made available for public 

access may be denied as to 

(I) are rendered confidential or privileged or are exempted from 

disclosure by Federal or state law or regulalions or rules 

of coun: 

(2) if disclosed, would constitute an unwarranted invasion of 

personal privacy (including personnel, medical, or 

disciplinary records, and any lists or names and addresses 

to be used for profit or financial gain): 

(3) if disclosed, would impair prc::;cnt or future awards or 

negotmttons. including collective bargaining or ncgotiaOons. of leases, pennits! contracts, or other agreements; 

(4) arc trade sccrels or arc maintained for the regulation or 

supervision of' comnH~rcial cnlcrprise which, if disclosed, 

would cause injury to the cornpc(itive position of the 

enlerprisc; 
(Operations - 8113/92) 

(5) arc compiled for public safety, law enforcement, or official 

investigatory purposes (intcmal or external) when their 

disclosure may affect public safety, interfere with intcmal 

investigations, audits, law enforcement investigations. or 

judicial or disciplinary proceedings, or deny or prejudice a 

right to a fair trial or impa11ial adjudication, or identify a 

confidential source or disclose confidential inCom1ation relating, 

to an audit or a civil. criminal. or internal or cxte.mal 

disciplinary investigation; 

(6) if disclosed, would endanger the life or safety of any person; 

(7) are inter-agency or intra~agency 

or factual tabulations of data, 

rnateriaJs 

provided 

or final 

other than statistical 

that instructions to 

staff that affect the public agency policy or 

dc.tem1inations are not exempted; 

(8) are examination questions or answers which arc requested prior [0 

final administration of such ,questions: or 

(9) could affect or impact the competitive economic position of the 

Port District, the Port Authority, or specific business entitie~<; 

with which the Pon Authority deals; · 

and it is further 

RESOLVED, that the Secretary of the Port Authority shall 

maintain a current list of subject nature and category of all records 

in the possession of the Port Authority (and its subsidiaries) 

whether or not they arc available for public copying and inspection. 

and the Secretary shall, under the direction of the Executive 

Director, administer the following rules and regulations with respect 

to public inspectiort and copying of available records; 

Procedures 

(a) Requests for inspection or copying of public records of the Port 

Authority shall be made to ihc Secretary of the Pon Authority upon a 

fom1 prescribed by the Po11 Authority and shall contain sufficient 

information to identify the pal1icular record sought. Such requests 

shall be made ei tiler: · 

(I) in person during regular business hours at the Port 

Au1h01ity's main oftlcc at One World Trade Center, Room 67W. 

New York, New York 10048, or 

(2) by mailing such request. postage prepaid lo said 

Secretary, Tile Poti Authority of' New York and New Jersey. at 

the aforesaid ad<lre.o;s, AUention: FOI Administrator. 

(20) 
(O~crations- 8113/92) 

(b) Upon receipt of a request, the Secretary· of the Port Authority 

shall promptly determine whether or not the record requested can be 

made available and will notify the person making the request of suc\1 

determination. If the request is granted, such person shol\ also be 

notified where and when the record wi\1 be made available. The Port 

Authority will provide an opportunity for inspection and copying of 

the record. 

(c) The record may be inspected only under the supcrvrston of the 

Secretary of the Port Authority or such other officer or employee as 

may be designated by the Secretary. in the Office of the Secretary 

during regular business hours or at such other times or places as the 

Secretary deems co,wenie11t. 

(d) (I) Documents which are to be copied will be copied by the l'orl 

Authority, if practicable, and the person requesting a copy will be 

charged a fcc equal lO the Pon Authority's cost but no less than 25 

cents for each page of the first ten, 15 cent5 for each page of the 

second ten. and 10 cents for each additional page. If it is not 

practicable for the Port Authority to copy such documents, they will 

be copied commercially and the person requesting the copy will be 

charged a fee equal to the Port Authority's cost of such commercial 

reproduction. Documents which have been purchased by the Port 

Authority commercially (such as stenographic transcripts) may be 

copied and the person requesting the copy will be charged a fee of no 

less than the amount paid by the Port Authority for such documents. 

(2) A fee- of no less than two dollars will be charged for certification by the Secretary of the Port Authority as to authenticity of 

any document. or that a record of which the Port Authority is legal 

custodian cannot be found. 

(3) In the event a se.,rch for records requested requires more 

than one person hour, or in the event a search of computer records 

requires programming which would take more than one person hour, a 

fee will be charged at the rate of not less than five dollars per 

hour, or any part thereof, per person assigned to such search or 

programming. 

(4) All such fees shall be paid by the person making the request 

in cash, certilled check, or cashier's· check, in advance or .at lhc 

time of the delivery of any record for inspection or copies of any 

records or certificate referred to in .this procedure. 

(c) The Secretary of the Pon Authority, or the Secretary's designee. 

shall respond to each request within ten business days of the receipt 

thereof. The response shall provide reasons for denial of access or 

copying or a slatcmcnt or !he !irnc and place when (he rccof'd 

requested will be made available. 

( ?.L) 
' 

(Operations ~ 8/1 3/92) 

Appeals 

(a) Any person who 

Authority (or its 

Authority may file 

ALHI101ity's General 

subsidiaries). 

is denied access to a pub\ ic record of the 

subsidiaries) by the Secretary of lhe 

an appeal from such denial with the 

CounsC.l (who serves us Counsel !o 

Port 

Por1 

Port 

the 

(b) Such appeal shall be accompanied by a memorandum in support 

lhcrco'r selling .forth the reasons why the appellant is entitled to 

access to the record requested. 

(c) Appeals pursuanl to this procedure shall be decided by General 

Counsel or his designee. If lhe appeal is denied, the reasons 

therefor shall be explained fully in writing within seven business 

days of the date on which such appeal is received by General Counsel, 

Wheceupon, the meeting was .aOjoucned~ 

Secr.·etat-y 

( 22)