Report 2016-104 Recommendation 10 Responses
Report 2016-104: California Public Utilities Commission: It Should Reform Its Rules to Increase Transparency and Accountability, and Its Contracting Practices Do Not Align With Requirements or Best Practices (Release Date: September 2016)
Recommendation #10 To: Public Utilities Commission
The CPUC should update its general policy on responding to California Public Records Act requests so that the policy aligns with state law.
Annual Follow-Up Agency Response From November 2020
As set forth in the June 12, 2018 scoping memo in R.14-11-001, Phase 2B of the proceeding addressed the types/categories of documents that can be presumptively designated as confidential for the purposes of Public Records Act requests. On Sept. 3, 2020, the Commission issued D.20-08-031, which closed the proceeding and declined to adopt additional confidentiality matrices. Instead, the Commission adopted baseline showings a submitter must make to enable consideration of confidential treatment of critical infrastructure information, including showings that the information is not customarily in the public domain, could allow a bad actor to attack/compromise a critical utility facility, or discusses vulnerabilities in such a facility.
- Completion Date: September 2020
California State Auditor's Assessment of Annual Follow-Up Status: Fully Implemented
Annual Follow-Up Agency Response From October 2019
On February 11, 2019, the Commission issued D.19-01-028, the Phase 2A decision adopting a revision to General Order 66-D regarding audit, inspection, investigation and enforcement matters. This decision adds a new section to General Order (G.O.) 66-D setting forth a process in audit, inspection, investigation, and enforcement matters by which Commission staff can expedite regulated entities' submission of information to the Commission.
- Estimated Completion Date: Ongoing
California State Auditor's Assessment of Annual Follow-Up Status: Pending
Annual Follow-Up Agency Response From October 2018
In October 2017, the Commission issued Decision (D.) 17-09-023 in Phase 2A of R.14-11-001, adopting General Order 66-D and administrative processes for submission and release of potentially confidential information, including in response to Public Records Act requests. In Phase 2B of the proceeding, the Commission is focusing on substantive claims of confidentiality for information submitted to the Commission. The Commission held a March 29, 2018 workshop to explore these issues, with the goal of developing standard confidential treatment for certain categories/types of information submitted to the Commission. The eventual adoption of these so-called "confidentiality matrices" will help Public Records Act staff in the Legal Division to more efficiently respond to records requests that request confidential information.
- Estimated Completion Date: 10/2019
California State Auditor's Assessment of Annual Follow-Up Status: Pending
Annual Follow-Up Agency Response From November 2017
In rulemaking(R)14-11-001 the Commission continues to examine its procedures for responding to requests pursuant to CA Public Records Acts and will adopt policies that align with state laws.
- Estimated Completion Date: 12/31/2017
California State Auditor's Assessment of Annual Follow-Up Status: Pending
1-Year Agency Response
In rulemaking(R)14-11-001 the Commission continues to examine its procedures for responding to requests pursuant to CA Public Records Acts and will adopt policies that align with state laws.
- Estimated Completion Date: 12/30/17
- Response Date: September 2017
California State Auditor's Assessment of 1-Year Status: Pending
6-Month Agency Response
In rulemaking(R)14-11-001 the Commission continues to examine its procedures for responding to requests pursuant to CA Public Records Acts and will adopt policies that align with state laws.
- Estimated Completion Date: 6/30/2017
- Response Date: March 2017
California State Auditor's Assessment of 6-Month Status: Pending
60-Day Agency Response
In rulemaking (R.) 14-11-001 the Commission is currently examining its procedures for responding to request pursuant to CA Public Records Acts and will adopt policies that align with state laws.
- Estimated Completion Date: 6/30/2017
- Response Date: November 2016
California State Auditor's Assessment of 60-Day Status: Pending
All Recommendations in 2016-104
Agency responses received are posted verbatim.