California Code of Regulations › Title 20 - Public Utilities and Energy › Division 2 - State Energy Resources Conservation and Development Commission › Chapter 7 - Administration › Article 2 - Disclosure of Commission Records › Section 2506 - Petition for Inspection or Copying of Confidential Records; Chief Counsel Decision

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Form of Petition. A petition for inspection or copying of any confidential
				  record shall be written, and shall be served on the Chief Counsel. It shall
				  state the facts and legal authority supporting a conclusion that the Commission
				  should disclose the confidential record. If the request is for inspection or
				  copying of records deemed confidential after a Commission decision issued
				  pursuant to Section
				  2508, the petition shall identify
				  new information that has become available or changed circumstances that have
				  occurred that materially affected the previous determination.
(b) Delegation of Commission Decision to the
				  Chief Counsel.
(1) The decision of the
				  Commission on a petition for inspection or copying of confidential records is
				  delegated to the Chief Counsel.
(2)
				  If the petition is for inspection or copying of a record received from a
				  private third party, a person under contract to the Commission, or another
				  government agency, the Chief Counsel shall:
(A) within one day of service of the
				  petition, provide both a copy of the petition to the person or entity that
				  submitted the information and a written request for written approval of release
				  of the record. Any party not wishing to give permission for the record's
				  release may supplement the initial application for confidential designation, if
				  any, or provide any additional information within five working days of the
				  receipt of the request for permission. Failure to respond to the Chief
				  Counsel's request to release the record shall not be deemed consent for
				  release.
(B) within five working
				  days of receipt of a petition, provide the petitioner with a written summary of
				  the basis of the original confidential determination and a copy of the
				  Commission's regulations governing the disclosure of Commission
				  records.
(3) The Chief
				  Counsel shall issue a decision on the petition within ten days of its service
				  on the Chief Counsel, unless unusual circumstances renders such a decision
				  impossible, in which case the Chief Counsel will notify the petitioner of the
				  need for an extension within ten days of the filing of the petition. Such
				  extension shall not exceed fourteen days.
(4) The Chief Counsel shall base their
				  decision on whether the entity seeking to maintain the confidentiality of the
				  record has met its burden of proof in demonstrating that confidentiality is
				  warranted under the California Public Records Act, and that, considering all
				  the facts and circumstances, the record should be kept confidential.
(5) If the request is for inspection or
				  copying of records deemed confidential after a Commission decision issued
				  pursuant to Section
				  2508, the Chief Counsel shall deny
				  the petition unless the petition identifies new information that has become
				  available or changed circumstances that have occurred that materially affect
				  the previous determination.
(6) Any
				  party may request that the full Commission reconsider the Chief's Counsel's
				  decision, in which case, the Commission shall conduct a proceeding pursuant to
				  the provisions of Section
				  2508. Any such request shall be
				  filed within fourteen days of the issuance of the Chief Counsel's
				  decision.
(7) A decision that a
				  record should be disclosed shall ordinarily be effective fourteen days after
				  issuance, although an earlier effective date may be specified in unusual
				  circumstances, consistent with maintaining the opportunity of the person
				  originally submitting the information to prevent its release by requesting
				  reconsideration or appealing the decision to a court of competent jurisdiction.
				  A decision that the record is exempt from disclosure shall be effective
				  immediately.