The general policy of the CPRA favors disclosure of records. Justification for withholding a public record in response to a CPRA request must be based on specific exemptions in the CPRA or upon a showing that, on the facts of a particular case, the public interest in nondisclosure clearly outweighs the public interest in disclosure. Cal. Code § 6255. Gov’t. Cal. Code § 6254(c) exempts from mandatory disclosure personal information, the disclosure of which Gov’t would constitute an unwarranted invasion of personal privacy. Cal. Code § 6254(k) exempts from disclosure records, the disclosure of which is exempted or prohibited Gov’t pursuant to federal or state law, including, but not limited to, provisions of the Evidence Code relating to privilege. The Commission has exercised its discretion under Cal. Pub. Util. Code § 583 to limit Commission staff disclosure of investigation records in the absence of formal action by the Commission or disclosure during the course of a Commission proceeding. General Order 66-C § 2.2 (a). Cal. Pub. Util. Code § 583 does not limit the ability to order disclosure of records. Commission’s Cal. Pub. Util. Code § 315 prohibits the introduction of accident reports filed with the Commission, or orders and recommendations issued by the Commission, in any action for damages based on or arising “as evidence out of such loss of life, or injury to person or property.” ORDER once The request for disclosure of the Commission records concerning its investigation of the incident is granted, the investigation is complete, at which time the Commission staff will release the requested records, with the exception of any personal information, the disclosure of which would constitute an unwarranted invasion of personal privacy, or any information which is subject to the Commission’s lawyer-client or other privilege. The effective date of this order is today. I certify that the foregoing resolution was adopted by the California Public Utilities Commission at its regular meeting of December 14, 2017, and the following Commissioners approved favorably thereon: /s/ TIMOTHY J. SULLIVAN TIMOTHY J. SULLIVAN Executive Director MICHAEL PICKER President CARLA J. PETERMAN LIANE M. RANDOLPH MARTHA GUZMAN ACEVES
The general policy of the CPRA favors disclosure of records. Justification for withholding a public record in response to a CPRA request must be based on specific exemptions in the CPRA or upon a showing that, on the facts of a particular case, the public interest in nondisclosure clearly outweighs the public interest in disclosure. Cal. Gov’t. Code § 6255. Cal. Gov’t Code § 6254(c) exempts from mandatory disclosure personal information, the disclosure of which would constitute an unwarranted invasion of personal privacy. Cal. Gov’t Code § 6254(k) exempts from disclosure records, the disclosure of which is exempted or prohibited pursuant to federal or state law, including, but not limited to, provisions of the Evidence Code relating to privilege. The Commission has exercised its discretion under Cal. Pub. Util. Code § 583 to limit Commission staff disclosure of investigation records in the absence of formal action by the Commission or disclosure during the course of a Commission proceeding. General Order 66-C § 2.2 (a). Cal. Pub. Util. Code § 583 does not limit the Commission’s ability to order disclosure of records. Cal. Pub. Util. Code § 315 prohibits the introduction of accident reports filed with the Commission, or orders and recommendations issued by the Commission, “as evidence in any action for damages based on or arising out of such loss of life, or injury to person or property.” ORDER The request for disclosure of the Commission records concerning its investigation of the incident is granted, once the investigation is complete, at which time the Commission staff will release the requested records, with the exception of any personal information, the disclosure of which would constitute an unwarranted invasion of personal privacy, or any information which is subject to the Commission’s lawyer-client or other privilege. The effective date of this order is today. I certify that the foregoing resolution was adopted by the California Public Utilities Commission at its regular meeting of December 14, 2017, and the following Commissioners approved favorably thereon: /s/ TIMOTHY J. SULLIVAN TIMOTHY J. SULLIVAN Executive Director MICHAEL PICKER President CARLA J. PETERMAN LIANE M. RANDOLPH MARTHA GUZMAN ACEVES
201915337.docx