Welcome to Scribd, the world's digital library. Read, publish, and share books and documents. See more ➡
Download
Standard view
Full view
of .
Add note
Save to My Library
Sync to mobile
Look up keyword
Like this
2Activity
×
0 of .
Results for:
No results containing your search query
P. 1
MOTION OF PG&E FOR PROTECTIVE ORDER

MOTION OF PG&E FOR PROTECTIVE ORDER

Ratings: (0)|Views: 1,162|Likes:
PG&E requested a protective order related to discovery materials in the CPUC matter of the "spying" on anti-smart meter discussion groups by a former PG&E executive.
PG&E requested a protective order related to discovery materials in the CPUC matter of the "spying" on anti-smart meter discussion groups by a former PG&E executive.

More info:

Published by: Center for Electrosmog Prevention on Jun 29, 2012
Copyright:Attribution Non-commercial

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as PDF, TXT or read online from Scribd
See More
See less

06/29/2012

pdf

text

original

 
BEFORE THE PUBLIC UTILITIES COMMISSIONOF THE STATE OF CALIFORNIA
Order Instituting Investigation on the Commission’s OwnMotion into the Operations and Practices of Pacific Gasand Electric Company regarding Anti-Smart Meter Consumer GroupsInvestigation 12-04-010(Filed April 19, 2012)
MOTION OF PACIFIC GAS AND ELECTRIC COMPANYFOR PROTECTIVE ORDER 
CHRISTOPHER J. WARNER ALEJANDRO VALLEJOLaw DepartmentPacific Gas and Electric CompanyPost Office Box 7442San Francisco, CA 94120Telephone: (415) 973-1611Facsimile: (415) 973-5520E-mail: axvu@pge.comAttorneys for PACIFIC GAS AND ELECTRICCOMPANYMay 21, 2012
F I L E D
05-21-1204:59 PM
 
1
BEFORE THE PUBLIC UTILITIES COMMISSIONOF THE STATE OF CALIFORNIA
Order Instituting Investigation on the Commission’s OwnMotion into the Operations and Practices of Pacific Gasand Electric Company regarding Anti-Smart Meter Consumer GroupsInvestigation 12-04-010(Filed April 19, 2012)
MOTION OF PACIFIC GAS AND ELECTRIC COMPANYFOR PROTECTIVE ORDER 
Pursuant to Rule 11.1 of this Commission’s Rules of Practice and Procedure, and per theOrder Instituting Investigation (“OII”) No. 12-04-010, Pacific Gas and Electric Company(“PG&E”) hereby requests that the assigned Administrative Law Judge (“ALJ”) issue a protective order redacting previously-undisclosed individual’s names and personnel records fromthe Consumer Protection and Safety Division’s (“CPSD’s”) Staff Report and attachments(“CPSD Staff Report”). The redactions proposed by PG&E (
 see
Exhibit A) are narrowly tailoredand strike a careful balance between individuals’ rights of privacy and the public’s right todisclosure of public documents.
I.
 
RIGHT OF PRIVACY AND SAFETY CONSIDERATIONS
The California Constitution guarantees an individual’s right of privacy. Cal. Const., Art.I, § 1;
 see also Hill v. National Collegiate Athletic Assn.
7 Cal.4th 1, 15 (1994). And while theCalifornia Public Records Act (“CPRA”) generally provides that “every person has a right toinspect any public record” (§ 6253(a)), it also contains express exceptions to that general rule,many of which are designed to protect private information, including “[p]ersonnel, medical, or similar files, the disclosure of which would constitute an unwarranted invasion of personal privacy.” CPRA §6254(c). The CPRA also permits a public agency to withhold records if it can
 
2show that based “on the facts of the particular case the public interest served by not disclosingthe record clearly outweighs the public interest served by disclosure of the record.” CPRA§6255(a).Here, the CPSD Staff Report contains previously-undisclosed names and identifyinginformation of PG&E employees and third parties whose safety and privacy rights warrant protection. Additionally, as noted in the OII, the CPSD Staff Report attaches PG&E’s internalinvestigations and correspondence regarding its former employee, William Devereaux, whichconstitute part of Mr. Devereaux’s private personnel file.
A.
 
Previously-Undisclosed Individual Names
PG&E is the sole Respondent in this investigation. Accordingly, PG&E requests that theindividual identities of PG&E employees and third parties, whose names previously have not been publicly disclosed in connection with this OII, be redacted as shown in Exhibit A.PG&E’s proposed redactions are limited in scope and based on careful consideration of the totality of the circumstances, including the Commission’s and PG&E’s obligations tomaintain employee privacy and safety and the public’s right of access to public documents. Theredactions do not include individuals whose names already have been publicly disclosed viamedia or other internet coverage related to the allegations in the OII. Moreover, PG&E’s proposed redactions do not affect the scope of the OII, nor conceal any of the communications,actions or conduct alleged in the CPSD Staff Report; the redactions target only specific personalidentities and public disclosure of those personal identities, which are privacy-protected and notcentral to the adjudication of this investigation.Further, given that the CPUC has complete, unredacted access to the CPSD Staff Report,there is no significant public interest in publicly disclosing employee and third party names.

You're Reading a Free Preview

Download
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->