Right-to-Know (RTK) is to provide procedures and fees for requesting, inspecting
and obtaining copies of public records maintained by the Pennsylvania Public Utility
Commission pursuant to the Pennsylvania Right-to-Know Law (RTK), 65 P.S.
§§67.101, et seq., This policy replaces all prior inconsistent Commission
policies.
Request Policy
1. Persons requesting copies of public records maintained by the Commission must
submit a written request to the Commission’s Open Record Officer. The request should
identify or describe the records sought with sufficient specificity to enable the
Commission to ascertain which records are being requested and the name and address
to which the Commission should address its response.
To avoid delays, all requests should state explicitly that the information is being
requested under the Right-To-Know Law (RTKL) and should be made using the RTK Request
Form developed by the Office of Open Records.
Written requests may be made by one of the following methods:
Deliver the required form in person during the regular business hours of the Commission
Monday-Friday, 8:00 a.m. to 4:30 p.m. to:
Office of the Secretary, Open Records Officer
2nd floor - 7 North
400 North Street
Harrisburg, PA 17120
Mail the required form to:
Office of the Secretary, Open Records Officer
PA Public Utility Commission
P.O. Box 3265
Harrisburg, PA 17105-3265
Fax the required form to:
(717) 783-9526
ATTN: Open Records Officer
E-mail the Open Records Office at the following link:
2. The request should specify the type of access sought by the requester. When no
specific type of access is requested, the request will be deemed a request for a
paper copy of the identified document(s) that will be sent to the requester by first
class U.S. mail.
3. The requester should also provide additional contact information such as a telephone
number, facsimile number and e-mail address to facilitate the processing of a request.
Response Policy
1. Final Response
The Commission’s Open Records Officer will review the RTKL request and, within five
business days of receiving the request, will either (1) grant the request; (2) deny
the request; (3) grant the request in part and deny it in part; or (4) provide an
interim response to the requester.
If a written request is denied in whole or in part, the Commission will issue a
final written response that will set forth the reason(s) for any denial. The response
will also include an explanation of the procedure for the requester to appeal the
denial.
2. Interim Responses
The Commission will provide a final response to a RTKL request within five business
days unless the Open Records Officer provides an interim response to the requester.
The purpose of the interim response is to provide the requester with written notice
that additional time will be required to respond to the request.
3. Method of Response
The Open Records Officer may respond to the request by providing a requester access
to inspect a record electronically or as otherwise maintained and designated by
the Commission. Unless a longer period of time is needed and communicated to the
requester by an "interim response", the RTKL requires that the Commission respond
to an RTKL request within five business days.
4. Computation of Response Times
For purposes of determining the end of the five business day period, the day that
a RTKL request is received is not counted. The first day of the five business day
period is the Commission’s next business day. Any RTK request received by the Open
Records Officer after the close of regular business hours shall be deemed to have
been received by that office on the following business day.
Fee Policy
Applicable fees to be charged by the Commission under the RTKL are as follows:
1. Fees Determined by the Office of Open Records
Under the RTKL, the Office of Open Records has the authority to establish fees for
duplication and enhanced electronic access. The range of reasonable fees for duplication
are established and posted on the Office of Open Records' website.
2. Certified Copies and Specialized Documents
The Commission will charge $ .75 per copy for certified copies, when requested by
the requester. The Commission will charge the actual cost for postage, facsimile/microfiche
or other media, as well as for specialized documents.
3. Transcripts
Prior to an adjudication becoming “final, binding and non-appealable,” transcripts
may be requested through the Commission; however, the stenographer or court reporter
is permitted to charge the regular fee for this service.
Following an adjudication becoming “final, binding and non-appealable,” a request
for the transcript shall be treated like any other RTKL request and a duplication
fee of $.25 per page will be charged.
4. Reasonable and Necessarily Incurred Costs
As expressly provided by 65 P.S. §67.1307(g), the Commission has the authority to
charge requesters reasonable fees for necessarily incurred costs. The Commission
will determine and charge such fees on a case by case basis.
5. General
If the estimated fees that are required to fulfill the RTKL request exceed $100,
the Commission may require the requester to pay the estimated amount in advance,
either by certified check, or money order. If the requester pays by personal check,
this check must first clear to be considered received by the Commission. The demand
for prepayment may specify a reasonable period of time in which the requester must
make such prepayment. If the requester fails to make prepayment within the specified
time, the Commission is not required to produce the records requested. All applicable
fees must be paid in order to receive access to the record requested. 65 P.S. §67.901.
Appeals
When a request is denied in whole or in part, the requesters may appeal a denial
or deemed denial by writing to:
Office of Open Records
Commonwealth Keystone Building
400 North Street, 4th Floor
Harrisburg, PA 17120
Any appeal must be filed within 15 business days of the mailing date of the Commission’s
response or within 15 days of a deemed denial.
For further information regarding appeals, please consult the Office of Open Records'
website.
Questions
Questions regarding this policy may be directed to the Commission’s Open Records
Office at (717) 787-8009.
Disclaimer: All information that appears on this
website is merely an electronic representation and is not the officially filed
information. The official documents reside in the File Room of the Public Utility
Commission in 2-North, on the second floor of the Commonwealth Keystone Building
in Harrisburg and are available for public inspection during normal business hours
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