Docket Sheet

Gabriel Straus and Energy and Policy Institute v. Pennsylvania Public Utility Commission

OOR Dkt. No.: AP 2025-2577
Case Status: Consolidated
This Appeal has been consolidated into OOR Dkt. No.: AP 2025-2577.

03/16/2026

01/02/2026

Eilers, Blake

Commonwealth

Requests sought emails to or from agency Commissioners containing certain keywords. On appeal, agency produced a redacted version of an email that was originally withheld in its entirety. Individual Commissioners' emails related to the National Association of Regulatory Utility Commissioners are not records of the agency. Agency proved that certain emails reflect its internal, predecisional deliberations, but in camera review establishes that not all emails withheld on this basis are exempt. Agency conducted a good faith search and proved that no other records exist in its possession, custody or control. Granted in part, denied in part and dismissed as moot in part.

Clause Exemption Result
708 (b) (10) (i) A record that reflects: (A) The internal, predecisional deliberations of an agency, its members, employees or officials or predecisional deliberations between agency members, employees or officials and members, employees or officials of another agency , including predecisional deliberations relating to a budget recommendation, legislative proposal, legislative amendment, contemplated or proposed policy or course of action or any research, memos or other documents used in the predecisional deliberations. (B) The strategy to be used to develop or achieve the successful adoption of a budget, legislative proposal or regulation. (ii) Subparagraph (i)(A) shall apply to agencies subject to 65 Pa.C.S. Ch. 7 (relating to open meetings) in a manner consistent with 65 Pa.C.S. Ch. 7. A record which is not otherwise exempt from access under this act and which is presented to a quorum for deliberation in accordance with 65 Pa.C.S. Ch. 7 shall be a public record. (iii) This paragraph shall not apply to a written or Internet application or other document that has been submitted to request Commonwealth funds. (iv) This paragraph shall not apply to the results of public opinion surveys, polls, focus groups, marketing research or similar effort designed to measure public opinion. Partially Granted
Agency Invoked an Extension The agency invoked a 30 day extension to respond to the request.
Consolidated Consolidated
Dismissed as moot Dismissed as moot Dismissed
Not in Possession, Custody, or Control of Agency Not in Possession, Custody, or Control of Agency Denied
Other Other Denied
2025-2577 Gabriel Straus and Energy and Policy Institute v. Pennsylvania Public Utility Commission
2025-2578 Gabriel Straus and Energy and Policy Institute v. Pennsylvania Public Utility Commission
2025-2579 Gabriel Straus and Energy and Policy Institute v. Pennsylvania Public Utility Commission
Docket Entries
Filed Description Step Court Document
03/16/2026 OOR Final Determination Final Determination
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