OAR 860-001-0060: Public Records Requests

(1) This rule governs requests for access to the Commission’s public records under the Public Records Law, ORS 192.311 through 192.478. (2) A person may request access to the Commission’s public records through its public records request platform found on the Commission's website. After receiving a request, the Commission will make public records available for inspection during regular business hours unless the records are exempt from disclosure by law. (a) The Commission may condition the time and manner of inspection of public records as necessary to protect the records and to prevent interference with the regular discharge of the duties of the Commission and its employees. (b) The request must be sufficiently specific to allow the Commission to readily identify the document or other material that contains the requested information. The Commission prefers and may require that a request for public records be made in writing through its public records request platform available on its website or at https://oregonpuc.govqa.us/WEBAPP/_rs/S(jxvvr34klemgj1vst5ll1aio))/SupportHome.aspx. (c) The request must specify the format requested for copies and the date, if any, by which the records are needed. The Commission may provide the information in a format different than requested or provide the information after the requested date if it is impractical to comply with the requests. (3) The Commission will charge fees reasonably calculated to recover the costs of providing access to and providing physical copies of public records. If records are provided through the public records request platform, there may be charges for employee time, but there will not be charges for physical copies. (a) Employee time: The Commission will charge for employee time over 30 minutes spent preparing documents for inspection or supervising the inspection. Employee time will be charged in 15-minute increments at the following rates: (A) Assistant Attorney General: At cost to PUC per hour, excluding time spent determining the application of ORS 192.311 through 192.478. (B) Administrative Law Judge: $71 per hour. (C) Manager: $53 per hour. (D) Utility Analyst: $53 per hour. (E) Information Services: $47 per hour. (F) Law Clerk: $25 per hour. (G) General Clerical: $26 per hour. (b) Photocopies: The Commission will charge $0.01 per page to recover the costs of providing black and white photocopies and $0.05 per page to recover the costs of providing color photocopies. Page refers to one side of a piece of paper. A double-sided copy is two pages. (c) Certification of true copies of public documents must be specifically requested, and the Commission charges $10 per document certification. (d) Facsimile: The Commission charges $0.75 per page for faxing records. The Commission will not fax more than 30 pages. (e) Electronic Media: If the request seeks electronic reproduction of public records outside of the public records request platform, then the Commission will provide reproduction media at the following rates: (A) CD or DVD: $0.75 each. (B) USB flash drive: $5.00 each. (f) Mailing: When sending voluminous records, the Commission will charge the actual costs of sending the public records. (4) The Commission will provide notice of the estimated time to make records available and estimated costs of making records available for inspection or providing copies of records. If the estimated costs exceed $25, then the Commission will provide written notice and not act further to respond to the request until it receives written authorization to proceed. The Commission will require that all estimated fees and charges be paid before public records are made available for inspection or copies provided. (5) If a public records request seeks the disclosure of information that has been designated as confidential under a protective order or under the Public Records Law, then prior to the release of the information the Commission will provide written notice to the person asserting confidentiality and allow an opportunity for the person to provide a written response to the request. (a) The person asserting confidentiality must demonstrate that the information is exempt from disclosure. (b) If the Commission concludes that the information designated as confidential is not protected from disclosure, then the Commission will provide notice of the decision and delay the release of the information to permit the person asserting confidentiality to seek a court order to protect the records from disclosure. (c) If the person asserting confidentiality consents in writing to the release of the information or does not commence court proceedings to limit disclosure within 10 days following notice of the decision, then the Commission will remove the confidential designation from the requested information and release the information to the requester. (6) A person denied the right to inspect or to receive a copy of a public record may appeal the Commission’s decision to the Attorney General under ORS 192.411.