Request #18-627

 
Open

Record(s) of every communication between agency personnel and any utility

or utility personnel discussing the possibility of or investigation into

the entity’s alleged responsibility for any wildland fire discovered on or

after January 1, 2000

1.2. Record(s) of every writing of agency personnel discussing the possibility

of or investigation into any utility’s alleged responsibility for any wildland

fire discovered on or after January 1, 2000

1.3. Record(s) of every electric incident report or other report filed under Public

Utilities Code §315 for any wildland fire discovered on or after January

1, 2000

1.4. Record(s) of every statement made by agency personnel, including but

not limited to Michael Picker, on or after January 1, 2000, to utility

investors and analysts (but not to the general public), including but not

limited all statements made by Michael Picker to investors or analysts

of Pacific Gas and Electric and/or Southern California Edison regarding

(i) the 2018 Camp Fire, Woolsey Fire, and/or Hill Fire and the utility’s

alleged liability for those incidents and (ii) the agency’s implementation

or plans for implementation of Senate Bill 901.

1.5. Record(s) of all agency policies and proposed policies regarding implementation

of Senate Bill 901.

1.6. Record(s) of all agreements or promises made by agency personnel to any

utility or vice-versa regarding liability for wildland fires that is not part

of an agency policy published to the general public.

1.7. Record(s) of all agreements or promises made by agency personnel to any

cooperating fire agency or vice-versa regarding utility liability for wildland

fires that is not part of an agency policy published to the general public.

1.8. Record(s) of

(i) every contract or agreement (including but not limited to a settlement

agreement) between the agency and any utility, or the State and any

utility,

(ii) every agency policy,

regarding each of the following:

(A) the involvement of utility personnel in a fire investigation,

(B) notification by any utility to the agency or by the agency to the utility

of the possible involvement of utility equipment in a fire.

1.9. For each of the following fires or complexes (and each fire within each

complex):

1.9.1. Camp Fire, November 2018

1.9.2. Tubbs Fire, October 2017

1.9.3. Cedar Fire, October 2003

1.9.4. Holy Fire, August 2018

1.9.5. Valley Fire, September 2015

1.9.6. Woolsey Fire, November 2018

1.9.7. Nuns Fire, October 2017

1.9.8. Mendocino Complex, October 2017

1.9.9. Thomas Fire, December 2017

1.9.10. Iron Alps Complex, August 2008

1.9.11. Redwood Valley Complex, October 2017

1.9.12. Harris Fire, October 2007

1.9.13. Carr Fire, July 2018

1.9.14. Atlas Fire, October 2017

1.9.15. Esperanza Fire, October 2006

1.9.16. Tunnel Fire, October 1991

1.9.17. Rattlesnake Fire, July 1953

1.9.18. Loop Fire, November 1966

1.9.19. Hauser Creek Fire, October 1943

1.9.20. Inaja Fire, November 1956

1.9.21. Canyon Fire, August 1968

records of the following information

records of the following information:

(A) All report(s) of all investigation(s) into the cause(s) of, error(s) by

the agency or its personnel or utility or its personnel, and/or lesson(s)

learned during each fire

(B) All press releases made

(C) All communications between agency personnel and personnel of any

cooperating fire agency or utility

(D) If you do not hold a record of any item above, all records you possess

that indicate another public agency (within or without the State)

possesses a public record of such item above

You can refer to records requests in this item as 1.9.11(B) for example.

2. Regarding public data access via the Act
2.1. Record(s) of any “requirements for [yourself] that allow for faster, more
efficient, or greater access to records,” Gov’t Code §6253(e) than required by the
Act
2.2. Record(s) of agency policies or guidelines or instructions issued by you to
members of the public making Act requests regarding the form, content,
or method of such requests,
2.3. Record(s) showing the total cost of responding to Act requests during the
request period
2.4. Record(s) showing the total fees demanded of Act requesters during the
request period
2.5. Record(s) showing the total fee income constructively received from Act
requesters during the request period
2.6. Record(s) showing the number of Act requests the agency (i) received, (ii)
responded to in any fashion, (iii) responded to by disclosing all responsive
records, (iv) responded to by disclosing some and withholding some
responsive records, and (v) responded to by withholding all responsive
records during the request period
2.7. Record(s) showing the following metadata for each Act request the agency
received or responded to during the request period:
i. date received,
ii. request medium (fax, postal mail, email, in person, other),
iii. requesting party,
iv. date of first response of any kind by agency,
v. date of notification by the agency of determination and reasons under
Gov’t Code §6253(c),
vi. estimated date and time when the records would be made available
that was provided to requester under Gov’t Code §6253(c),
vii. actual date of first disclosure of any responsive record(s) by agency,
viii. actual date of last disclosure of any responsive record(s) by agency,

ix. number of any responsive record(s) disclosed (or, if the number is

unavailable, whether such record(s) exist),

x. number of any responsive record(s) withheld (or, if the number is

unavailable, whether such record(s) exist),

xi. number of any responsive record(s) withheld (or, if the number is

unavailable, whether such record(s) exist) due to each of:

xi.1. a claim that the record is not, in fact, a public record within the

meaning of the Act,

xi.2. a claim that production of the record would require the agency

to compile or assemble data not required by the Act,

xi.3. a claim that the record is a disclosable portion of a writing that

is not reasonably segregable from the portion that constitutes a

nondisclosable record,

xi.4. a court order,

xi.5. a claim of privilege against self-incrimination, Evid. Code § 940

xi.6. a claim of lawyer-client privilege, Evid. Code §§ 950–962

xi.7. a claim of lawyer referral service-client privilege, Evid. Code §§ 965–968

xi.8. a claim of spousal privilege, Evid. Code §§ 970–973

xi.9. a claim of privilege for confidential marital communications, Evid.

Code §§ 980–987

xi.10. a claim of physician-patient privilege, Evid. Code §§ 990–1007

xi.11. a claim of psychotherapist-patient privilege, Evid. Code §§ 1010–1027

xi.12. a claim of penitent-clergy privilege, Evid. Code §§ 1033–1034

xi.13. a claim of sexual assault counselor-victim privilege, Evid. Code § 1035

xi.14. a claim of domestic violence counselor-victim privilege, Evid. Code §

1037

xi.15. a claim of human trafficking caseworker-victim privilege, Evid. Code

§ 1038

xi.16. a claim of privilege for official information, Evid. Code § 1040

xi.17. a claim of privilege for identity of informer, Evid. Code § 1041

xi.18. a claim of privilege for political vote, Evid. Code § 1050

xi.19. a claim of privilege for trade secret, Evid. Code § 1060

xi.20. a claim of attorney work product privilege,

xi.21. a claim of deliberative process privilege,

xi.22. a claim of any privilege not listed above,

xi.23. a claim that duplication or disclosure would violate a third-party

copyright,

xi.24. a claim that the record is computer software created by the agency,

xi.25. exemption under Gov’t. Code § 6254.4(a) or Elec. Code §2194 of

voter registration information,

xi.26. exemption under Elec. Code §§ 17100, 17200, 17400 or Gov’t.

Code § 6253.5 of petition information,

xi.27. exemption under Gov’t. Code § 6254.19 of information technology

security information,

xi.28. exemption under Gov’t. Code § 6254(b) of records pertaining to

pending litigation,

xi.29. exemption under Gov’t. Code § 6254(d) of certain law enforcement

records,

xi.30. exemption under Code Civ. Proc. § 129 of coroner photos or

videos,

xi.31. exemption under Welf. & Inst. Code §§ 5150, 5328 of mental

health detention information,

xi.32. exemption under Gov’t. Code § 6254(a) of drafts and preliminary

notes and memos,

xi.33. exemption under Gov’t. Code § 6254.21(b) for certain personal

contact information of elected or appointed officials,

xi.34. exemption under Welf. & Inst. Code § 15633 of elder abuse

records,

xi.35. exemption under Welf. & Inst. Code §§ 827, 828 of juvenile

records,

xi.36. exemption under Pen. Code §§ 11165.6, 11165.7, 11167.5, 11169

of child abuse records,

xi.37. exemption under Gov’t. Code §§ 6267, 6254(j) of library records,

xi.38. exemption under Gov’t. Code § 6254.2 of air quality data,

xi.39. exemption under Gov’t. Code § 6254.7 of pesticide data,

xi.40. exemption under Gov’t. Code § 6254.15 of information provided

by a business to the agency regarding locating, relocating, retaining,

or expanding in the State,

xi.41. exemption under Gov’t. Code § 6254.16 of certain contact and

usage information of utility customers,

xi.42. exemption under Gov’t. Code § 6254(g) of test and examination

data,

xi.43. exemption under Gov’t. Code § 6254(h) of real estate information,

xi.44. exemption underWelf. & Inst. Code §§ 18909,10850, Gov’t. Code

§ 6254.1, or Health & Saf. Code §§ 34283, 34332(c) information

regarding recipients of public services,

xi.45. exemption under Gov’t. Code § 6254(e) of “geological and geophysical

data, plant production data, and similar information re-

lating to utility systems development, or market or crop reports,

that are obtained in confidence from any person,”

xi.46. exemption under Gov’t. Code § 6254(c) of personnel, medical, or

similar files,

xi.47. exemption under Health & Saf. Code § 128745(c)(6) of patient

medical record numbers and identity, HIPPA, Confidentiality of

Medical Information Act, or workers’ compensation benefits,

xi.48. exemption under Gov’t. Code § 6254(i) of confidential taxpayer

information,

xi.49. exemption under Gov’t. Code § 6255,

xi.50. exemption under any other subdivision of the Act not listed above

(please separate by subdivision),

xi.51. exemption under any other subdivision of California statute other

than the Act (please separate by subdivision),

xi.52. any common law exemption not listed above,

xi.53. any other reason not listed above,

xii. total fees demanded of the requester,

xiii. whether the request was denied because the requester could not or

would not pay the demanded fees,

xiv. total fees actually paid by the requester,

xv. number of pages disclosed, and

xvi. number of pages withheld.

Please include responsive record(s) even if they include only a subset of

the metadata mentioned and indicate what metadata is unavailable or

withheld.

2.8. Record(s) of the number of Act requests for which any record was withheld,

in whole or in part, during the request period, due to each of the

following:

2.8.1. a claim that the record is not, in fact, a public record within the

meaning of the Act,

2.8.2. a claim that production of the record would require the agency to

compile or assemble data not required by the Act,

2.8.3. a claim that the record is a disclosable portion of a writing that is

not reasonably segregable from the portion that constitutes a nondis-

closable record,

2.8.4. a court order,

2.8.5. a claim of privilege against self-incrimination, Evid. Code § 940

2.8.6. a claim of lawyer-client privilege, Evid. Code §§ 950–962

2.8.7. a claim of lawyer referral service-client privilege, Evid. Code §§ 965–968

2.8.8. a claim of spousal privilege, Evid. Code §§ 970–973

2.8.9. a claim of privilege for confidential marital communications, Evid. Code

§§ 980–987

2.8.10. a claim of physician-patient privilege, Evid. Code §§ 990–1007

2.8.11. a claim of psychotherapist-patient privilege, Evid. Code §§ 1010–1027

2.8.12. a claim of penitent-clergy privilege, Evid. Code §§ 1033–1034

2.8.13. a claim of sexual assault counselor-victim privilege, Evid. Code § 1035

2.8.14. a claim of domestic violence counselor-victim privilege, Evid. Code § 1037

2.8.15. a claim of human trafficking caseworker-victim privilege, Evid. Code §

1038

2.8.16. a claim of privilege for official information, Evid. Code § 1040

2.8.17. a claim of privilege for identity of informer, Evid. Code § 1041

2.8.18. a claim of privilege for political vote, Evid. Code § 1050

2.8.19. a claim of privilege for trade secret, Evid. Code § 1060

2.8.20. a claim of attorney work product privilege,

2.8.21. a claim of deliberative process privilege

2.8.22. a claim of any privilege not listed above,

2.8.23. a claim that duplication or disclosure would violate a third-party

copyright,

2.8.24. a claim that the record is computer software created by the agency,

2.8.25. exemption under Gov’t. Code § 6254.4(a) or Elec. Code §2194 of

voter registration information,

2.8.26. exemption under Elec. Code §§ 17100, 17200, 17400 or Gov’t. Code

§ 6253.5 of petition information,

2.8.27. exemption under Gov’t. Code § 6254.19 of information technology

security information,

2.8.28. exemption under Gov’t. Code § 6254(b) of records pertaining to pending

litigation,

2.8.29. exemption under Gov’t. Code § 6254(d) of certain law enforcement

records,

2.8.30. exemption under Code Civ. Proc. § 129 of coroner photos or videos,

2.8.31. exemption under Welf. & Inst. Code §§ 5150, 5328 of mental health

detention information,

2.8.32. exemption under Gov’t. Code § 6254(a) of drafts and preliminary

notes and memos,

2.8.33. exemption under Gov’t. Code § 6254.21(b) for certain personal contact

information of elected or appointed officials,

2.8.34. exemption under Welf. & Inst. Code § 15633 of elder abuse records,

2.8.35. exemption under Welf. & Inst. Code §§ 827, 828 of juvenile records,

2.8.36. exemption under Pen. Code §§ 11165.6, 11165.7, 11167.5, 11169 of

child abuse records,

2.8.37. exemption under Gov’t. Code §§ 6267, 6254(j) of library records,

2.8.38. exemption under Gov’t. Code § 6254.2 of air quality data,

2.8.39. exemption under Gov’t. Code § 6254.7 of pesticide data,

2.8.40. exemption under Gov’t. Code § 6254.15 of information provided by

a business to the agency regarding locating, relocating, retaining, or

expanding in the State,

2.8.41. exemption under Gov’t. Code § 6254.16 of certain contact and usage

information of utility customers,

2.8.42. exemption under Gov’t. Code § 6254(g) of test and examination data,

2.8.43. exemption under Gov’t. Code § 6254(h) of real estate information,

2.8.44. exemption under Welf. & Inst. Code §§ 18909,10850, Gov’t. Code

§ 6254.1, or Health & Saf. Code §§ 34283, 34332(c) information regarding

recipients of public services,

2.8.45. exemption under Gov’t. Code § 6254(e) of “geological and geophysical

data, plant production data, and similar information relating to utility

systems development, or market or crop reports, that are obtained in

confidence from any person,”

2.8.46. exemption under Gov’t. Code § 6254(c) of personnel, medical, or

similar files,

2.8.47. exemption under Health & Saf. Code § 128745(c)(6) of patient medical

record numbers and identity, HIPPA, Confidentiality of Medical

Information Act, or workers’ compensation benefits,

2.8.48. exemption under Gov’t. Code § 6254(i) of confidential taxpayer information,

2.8.49. exemption under Gov’t. Code § 6255

2.8.50. exemption under any other subdivision of the Act not listed above

(please separate by subdivision),

2.8.51. exemption under any other subdivision of California statute other

than the Act (please separate by subdivision),

2.8.52. any common law exemption not listed above,

2.8.53. any other reason not listed above,

2.9. Record(s) of each determination of denial issued during the request period

under Gov’t Code §6255(b)

2.10. Record(s) of every communication between or among agency personnel

discussing withholding of records responsive to an Act request during the

request period

2.11. Record(s) indicating the number of Act requests the agency received (i)

in person, (ii) by postal mail, (iii) by email, (iv) by fax, and (v) any other

medium during the request period

2.12. Record(s) showing the job title, salary, and official public contact information

of all agency personnel involved in responding to Act requests as

of the end of the request period

3. Regarding other public data access issues

3.1. Record(s) of any writing created, sent, or received during the request period

by agency personnel asserting a copyright, trade secret, or patent

interest held by the State, any political subdivision of the State, the

agency, any other local or state agency, or agency personnel in any record

requested by any member of the public (whether pursuant to the Act or

otherwise)

3.2. Record(s) of any writing created, sent, or received during the request

period by agency personnel indicating that the agency has failed to meet

its Act obligations

3.3. Record(s) of any contract in effect during any portion of the request period

to which the agency is a party that grants any private person or entity an

exclusive license to any writing produced by the agency or its personnel

3.4. Record(s) of any contract in effect during any portion of the request period

to which the agency is a party that delegates to any private person or

entity any obligation of the agency with regards to the Act or other public

data access laws, regulations, or rules

3.5. Record(s) of any writing by agency personnel determining that the agency

or EC of the agency is or is not a “public bod[y]” within the meaning of

the California Constitution, article I section 3(b)(1)

3.6. Record(s) of any writing by agency personnel determining that (i) the

agency or the EC of the agency is or is not a “state body” within the

meaning of Gov’t. Code §§ 11120–11132, and (ii) a meeting of the agency

or EC of the agency is or is not a “meeting” within the meaning of Gov’t.

Code § 11122.5

3.7. Record(s) of any writing by agency personnel determining that (i) the

agency or the EC of the agency is or is not a “legislative body” within the

meaning of Gov’t. Code §§ 54950–54963, and (ii) a meeting of the agency

or EC of the agency is or is not a “meeting” within the meaning of Gov’t.

Code § 54952.2

3.8. Records of any agency policy issued, sent, or received during the request

period or in effect during any portion of the request period (including

those issued before the request period) to reject or limit public records

requests (including but not limited to Act requests) from any particular

parties

4. Regarding organization and management

4.1. The agency’s organizational chart as of the end of the request period

4.2. Records showing the name of the agency’s EC as of the end of the request

period

4.3. Membership of the EC during the request period

4.4. Calendar of EC meetings during the request period

4.5. Agenda of each EC meeting during the request period

4.6. Public notice (if any) of each EC meeting during the request period

4.7. Procedural rules used for each EC meeting during the request period

4.8. Record(s) indicating whether or not each EC meeting during the request

period (i) was open to members of the public and (ii) the number of

members of the public in attendance

4.9. Meeting minutes of, summaries of, and orders issued at each EC meeting

during the request period

4.10. Record(s) indicating whether or not an (i) audio/video recording or (ii)

verbatim transcript of each EC meeting during the request period exists

(regardless of whether or not the content of the recording or transcript is

itself disclosable under the Act)

4.11. Audio/video recording of each EC meeting during the request period

4.12. Verbatim transcript of each EC meeting during the request period

4.13. Each of 4.2–4.12 as they apply to every subcommittee of the EC that

existed during the request period.

 

 

 

 

 

 

 

 

 

 

 

 

 

 


Received

December 13, 2018 via email


Departments

Legal -- Public Records Act

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Public Records

Document(s) Released Public
PD-2018-CAPRA-0002 CPUC.pdf
December 14, 2018, 2:35pm
Department Assignment Public
Legal -- Public Records Act
December 13, 2018, 4:48pm
Request Opened Public
Request received via email
December 13, 2018, 4:48pm