PRIOR PRINTER'S NOS. 8, 118 PRINTER'S NO. 207
No. 6 Session of 1989
INTRODUCED BY D. R. WRIGHT, LLOYD, COY AND FREEMAN,
JANUARY 18, 1989
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
JANUARY 31, 1989
AN ACT
1 Amending Title 66 (Public Utilities) of the Pennsylvania
2 Consolidated Statutes, requiring the commission TO MAKE <--
3 CERTAIN RECORDINGS AVAILABLE AND to release certain reports.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 SECTION 1. SECTION 332 OF TITLE 66 OF THE PENNSYLVANIA <--
7 CONSOLIDATED STATUTES IS AMENDED BY ADDING A SUBSECTION TO READ:
8 § 332. PROCEDURES IN GENERAL.
9 * * *
10 (I) REVIEW OF TESTIMONY.--ANY PERSON WHO TESTIFIES IN AN
11 INVESTIGATION OR INQUIRY BY, OR HEARING BEFORE, THE COMMISSION
12 OR ITS REPRESENTATIVE AND WHOSE TESTIMONY IS RECORDED
13 ELECTRONICALLY AND SUBSEQUENTLY TRANSCRIBED, SHALL, UPON
14 REQUEST, BE PERMITTED TO REVIEW THE RECORDING TO ENSURE THAT IT
15 HAS BEEN TRANSCRIBED ACCURATELY. THE COMMISSION MAY IMPOSE A FEE
16 IN AN AMOUNT NOT EXCEEDING THE ACTUAL COSTS INVOLVED FOR MAKING
17 THE RECORDING AVAILABLE.
1 Section 1 2. The section heading of section 335 of Title 66 <--
2 of the Pennsylvania Consolidated Statutes is amended and the <--
3 section is amended by adding a subsection to read:
4 § 335. Initial decisions and release of reports.
5 * * *
6 (d) Release of reports.--In addition to any other
7 requirements imposed by law, including the act of June 21, 1957
8 (P.L.390, No.212), referred to as the Right-to-Know Law, and the
9 act of July 3, 1986 (P.L.388, No.84), known as the Sunshine Act,
10 whenever the commission conducts an investigation of an act or
11 practice of a public utility and makes a decision, enters into a
12 settlement with a public utility or takes any other official
13 action, as defined in the Sunshine Act, with respect to its
14 investigation, it shall make part of the record and release
15 publicly any consultant report; provided, however, that if a
16 report contains trade secrets or proprietary information and it
17 has been determined by the commission that harm to the person
18 claiming the privilege would be substantial or if a report
19 required to be released under this section contains identifying
20 information which would operate to the prejudice or impairment
21 of a person's reputation or personal security, or information
22 that would lead to the disclosure of a confidential source or
23 subject a person to potential economic retaliation as a result
24 of their cooperation with a commission investigation, or
25 information which, if disclosed to the public, could be used for
26 criminal or terroristic purposes, the identifying information
27 may be expurgated from the copy of the report made part of the
28 public record. For the purposes of this section, "a consultant
29 report" means a report, memorandum or other document prepared
30 for or used by the commission in the course of its investigation
19890H0006B0207 - 2 -
1 and which is prepared by an adviser, consultant or other person
2 who is not an employee of the commission.
3 Section 2 3. This act shall apply to any action pending <--
4 before the commission or any action taken by the commission
5 within 90 days prior to the effective date of this act.
6 Section 3 4. This act shall take effect immediately. <--
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