Pennsylvania Public Utility Commission v. Gilbert
2012 Pa. Commw. LEXIS 99
| Pa. Commw. Ct. | 2012Background
- PUC petitions for review of OOR's June 27, 2011 order directing production of records under RTKL; issue concerns items 1(a), 1(c), 2(a), 2(b), 2(d), 2(e), 2(g)-(i), and 3 relating to underground natural gas pipelines.
- Gilbert requested records from 2000 to present on probable violations, enforcement actions, investigative descriptions, and records related to pipeline incidents, plus public awareness communications and RTKL requests.
- PUC granted access to item 4 but denied others, citing noncriminal investigative exemptions (708(b)(17)) and internal, pre-decisional deliberations exemptions (708(b)(10)(i)(A)).
- OOR sided with Gilbert, finding the records public; determined item 1(d) moot; ordered PUC to disclose remaining records.
- PA Commonwealth Court reverses, holding the PUC’s gas-safety investigations are noncriminal investigations exempt from public disclosure under 708(b)(17); items 1(a), 1(c), 2(a), 2(b), 2(d), 2(e), 2(g)-(i), and 3 are not subject to disclosure.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether gas-safety investigation records are exempt as noncriminal investigations. | Gilbert argues records are public under RTKL. | PUC asserts records are noncriminal investigations exempt under 708(b)(17). | Yes; exempt; records not subject to disclosure. |
Key Cases Cited
- Department of Health v. Office of Open Records, 4 A.3d 803 (Pa. Cmwlth. 2010) (noncriminal investigative records exempt; inspections/surveys)
- Department of Health v. Office of Open Records, 4 A.3d 804 (Pa. Cmwlth. 2010) (inspections to enforce licensing and law; reversed OOR)
- Department of Transportation v. Office of Open Records, 7 A.3d 329 (Pa.Cmwlth. 2010) (distinguishable; evidentiary issue not controlling here)
- Stein v. Plymouth Township, 994 A.2d 1179 (Pa.Cmwlth. 2010) (plenary review and standard of review under RTKL)
- Bowling v. Office of Open Records, 990 A.2d 813 (Pa.Cmwlth. 2010) (broad scope of review; record on appeal)