Request #20-62

Dear Records Officer,

This request is made pursuant to the California Public Records Act ("PRA") (Gov't Code, §§ 6250 et. seq.) and Freedom of Information Act ("FOIA") (5 U.S.C. SS 552 et seq.) I hereby request of the California Public Utilities Commission ("CPUC") a copy of the "public records," as that term is defined by Government Code section 6252, subdivision (e), that relate to certain public utilities under the jurisdiction of the CPUC. 

Pursuant to the California Public Records Act, I hereby request the following records from your agency. I am requesting any order/permission given to P GE to claim eminent domaine on the below listed property.  Please note that this material was previously requested and processed under request 20- 18.  Please see below for additional instructions.  

Although I am not sure of the exact address of the property I know it is located in Calistoga, CA. The owner or grape grower at the property is Terry G ard. I also know that the property is located in Napa County near Highway 29 and Dunaweall Lane. The civil case filed in Napa Superior Court is 1 9CV00110 9.

This PRA Request seeks public records as that term is defined by Government Code section 6252, subdivision (e). The term "documents" is intended to be understood in its broadest sense to include, without limitation: (i) originals, as that term is defined in California Evidence Code section 255 and in Federal Rule of Evidence 1001, subdivision (3), and writings, as used in California Evidence Code section 250 and in Federal Rule of Evidence 1001, subdivision (1); (ii) all copies which are different in any way from originals (whether by interlineations, receipt stamp, notation, highlighting, indication of copies sent or received or otherwise); and, (iii) all drafts (whether printed, filed recorded or reproduced by hand) of the following: handwriting, typewriter, printing, photostating, photographing, and every other means of recording upon any tangible thing or medium and form of communication or representation including electronically stored, computerized stored, or telephonically stored (e.g., text messages), correspondence, letters, notes, memoranda, contracts, documents, invoices, notices, permits, schedules, words, pictures, drawings, plans, specifications, calculations, survey, voicemails, computer entries, computer discs, work papers, electronic mail, sounds or symbols, combinations thereof. 

The terms "related to" or "relevant" should be construed in its broadest sense meaning evidencing, mentioning, memorializing, describing, constituting, containing, concerning, reflecting, summarizing, referring to, pertaining to, supporting, refuting, and/or purporting to evidence, mention, memorialize, describe, constitute, contain, concern, reflect, summarize, refer to, pertain to, support, refute and/or in any way being relevant to, in whole or in part, the subject matter referred to this request. 

We request that CPUC provide copies of all public records, including but not limited to files, documents, drafts of documents, records, staff memoranda, internal and external written or verbal communications and correspondence, emails, text messages, notices, evaluations, studies, applications, approvals, permits, licenses, agreements, and contracts, including documents retained in both paper and electronic form (including telephones), referring to, evidencing or relating to the categories identified above. 

We request that CPUC produce for our inspection the documents responsive to the requests identified above as soon as possible. If CPUC should nevertheless decide to withhold the requested records, in accordance with Government Code section 6255, please notify me in writing within ten (10) days after receipt of this request. In that correspondence please identify the records within the scope of the request that will be withheld from disclosure and the CPUC justification for such withholding. (See Cal. Gov. Code, 55 6253, 6255.)

We believe that the records requested are subject to disclosure under the PRA and FOIA.

 In addition, this PRA Request seeks copies of the 2019 annual report each T NC was required to file under Decision 13- 09- 045.  As you know, the commission has proposed deleting foot note 42. Thus,  once the commission adopts this measure, the requested information must be processed and released under the CPRA.  As you know, the law requires the greatest possible disclosure in the public interest, particularly when it comes to public safety.  

If you cannot release the information now, I ask that you release it as soon as the proposed decision is adopted.

Please direct all correspondence concerning this matter to me electronically

Thank you for your prompt attention to this matter.



February 10, 2020 via web


Legal -- Public Records Act





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Public Records

Department Assignment Public
Added: Legal -- Public Records Act.
February 10, 2020, 10:35am
Request Published Public
February 10, 2020, 10:34am
Request Opened Public
Request received via web
February 8, 2020, 1:56pm